Tanzania Hits IAEA Roadmap On 19 Key Steps for Acquisition of Nuclear Energy

Tanzania is actively progressing towards the adoption of nuclear energy for electricity generation, meticulously following the International Atomic Energy Agency (IAEA) Milestones Approach. This comprehensive framework outlines 19 key infrastructure issues across three phases, guiding countries in establishing a safe, secure, and sustainable nuclear power program. While Tanzania has a robust domestic legal framework, primarily the Atomic Energy Act No. 7 of 2003, and is a signatory to several international nuclear treaties, notable gaps exist in its ratification of key conventions such as the Convention on Nuclear Safety and the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management. This article examines Tanzania's legal and regulatory preparedness, highlighting the opportunities and challenges for legal professionals in this evolving sector.

Tanzania has embarked on an ambitious journey to integrate nuclear energy into its national power grid, a strategic move aimed at addressing growing energy demands and fostering sustainable development. This endeavor is being guided by the rigorous Milestones Approach developed by the International Atomic Energy Agency (IAEA), which mandates the fulfillment of 19 critical infrastructure issues across three distinct phases before a country can safely and effectively launch a nuclear power program. The recent announcement of Tanzania's progress along this roadmap signals a significant step forward, underscoring the nation's commitment to diversifying its energy mix and enhancing energy security. [5, 13]

The pursuit of nuclear energy necessitates a robust legal and regulatory framework, both domestically and internationally. For legal practitioners, this development opens up a complex landscape of opportunities and challenges, ranging from statutory compliance and regulatory oversight to international obligations and project financing. Understanding the intricacies of the IAEA framework, Tanzania's existing legal infrastructure, and its international commitments is paramount for attorneys advising stakeholders in this nascent but rapidly evolving sector. This article will delve into these legal dimensions, providing an overview of the current status, identifying key areas for legal engagement, and outlining future considerations.

The foundation of Tanzania's nuclear regulatory regime is the Atomic Energy Act No. 7 of 2003, codified as Chapter 188 of the Laws of Tanzania. [1, 2, 4, 6, 16, 17] This pivotal legislation established the Tanzania Atomic Energy Commission (TAEC) as the principal statutory body responsible for regulating, promoting, and ensuring the safe and peaceful application of atomic energy and nuclear technology within the country. [1, 2, 3, 7, 9] The Act repealed the earlier Protection from Radiation Act of 1983, modernizing the legal framework to encompass a broader scope of nuclear activities, including the control of ionizing and non-ionizing radiation sources, and the promotion of nuclear science for beneficial purposes. [2, 3, 4, 10]

TAEC's mandate, as outlined in Section 6 of the Atomic Energy Act, extends to advisory, regulatory, promotional, and developmental roles. [1, 2] This includes licensing and inspecting activities involving radiation sources, managing radioactive waste, enforcing emergency preparedness plans, and advising the government on international nuclear agreements. [1, 4, 17, 18] Subsidiary regulations, such as the Atomic Energy (Protection from Ionizing and Non-Ionizing Radiation) Regulations, 2023 (Government Notice No. 840 of November 17, 2023), and the Radioactive Waste Management for the Protection of Human Health and Environment Regulations, 1999, further detail specific measures for radiation protection, licensing requirements, and waste management protocols. [2, 14, 18, 22] These instruments collectively form the domestic legal backbone for Tanzania's nuclear energy aspirations.

Tanzania's engagement with the IAEA Milestones Approach is a structured, three-phase process designed to ensure a comprehensive and safe introduction of nuclear power. The 19 key infrastructure issues addressed by this approach span critical areas such as national policy, legal and regulatory frameworks, human resource development, site selection, environmental protection, nuclear safety and security, and radioactive waste management. [5, 13, 19, 20] Tanzania has completed preliminary preparations and has invited the IAEA to conduct a readiness assessment, a crucial step before formally entering Phase I of the framework. [11]

Internationally, Tanzania has demonstrated its commitment to nuclear non-proliferation and safety by acceding to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) in 1991 and ratifying the Comprehensive Nuclear-Test-Ban Treaty (CTBT) in 2004. [11, 12, 15, 21] It is also a party to the African Nuclear-Weapon-Free Zone Treaty (Pelindaba Treaty), ratified in 1998. [10, 12, 21] Furthermore, Tanzania has acceded to the Convention on Early Notification of a Nuclear Accident and the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency in 2005. [27, 29] The country has also politically committed to the IAEA Code of Conduct on the Safety and Security of Radioactive Sources. [27]

However, a significant legal gap exists in Tanzania's international commitments: it is not yet a party to the Convention on Nuclear Safety (CNS) or the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management. [27, 28, 29] The CNS aims to commit contracting parties operating land-based civil nuclear power plants to maintain a high level of safety through peer reviews and established safety principles. [28] Similarly, the Joint Convention provides a framework for the safe management of spent fuel and radioactive waste. Non-ratification of these conventions could present challenges in demonstrating full adherence to international best practices and could impact international cooperation and public confidence in a future nuclear power program. Addressing these omissions will be critical for Tanzania as it progresses through the IAEA milestones.

The existing domestic legal framework, particularly the Atomic Energy Act and its subsidiary regulations, provides a solid foundation for regulatory oversight. Part V of the Act specifically addresses radiation protection, physical protection, nuclear safety, radioactive waste management, and emergency preparedness, outlining duties to ensure safety, manage waste, and establish dose limits. [4, 17] The TAEC's role in licensing, inspection, and enforcement is well-defined, and the commission has been actively involved in capacity building and training programs with IAEA support. [1, 2, 7, 18] The National Nuclear Technology Policy further reinforces the government's commitment to the safe and peaceful use of nuclear technology, aligning with international standards. [10]

Tanzania's methodical approach to nuclear energy development, guided by the IAEA Milestones Approach and underpinned by its domestic Atomic Energy Act, demonstrates a serious commitment to a safe and sustainable nuclear power program. The existing legal and regulatory infrastructure, coupled with international treaty commitments on non-proliferation and emergency response, provides a strong starting point. However, the absence of ratification for the Convention on Nuclear Safety and the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management represents a critical area requiring immediate attention.

For legal practitioners, this journey presents a multifaceted landscape. Opportunities abound in advising on regulatory compliance, environmental impact assessments, international contracting for technology and fuel, project finance, nuclear liability and insurance, and the development of further subsidiary legislation. Attorneys will play a crucial role in navigating the complexities of international nuclear law, ensuring adherence to global safety and security standards, and facilitating the necessary legal reforms to support the country's nuclear ambitions. Monitoring Tanzania's progress in ratifying outstanding international conventions and the evolution of its domestic regulatory framework will be key for all legal professionals engaged in the energy and infrastructure sectors.