GABON Law and Practice Contributed by: Jean-Pierre Bozec, Project Lawyers
2. Impact of Environmental Protection and Community Relations on Mining Projects 2.1 Environmental Protection and Licensing of Mining Projects In Gabon, mining projects are regulated by the 2019 Mining Code and Law No 007/2014 of 2014 (the “Envi - ronmental Protection Law”). Holders of mining permits and titles must conduct all operations sustainably and responsibly, and develop and regularly update envi - ronmental and social management plans, as well as risk prevention and emergency response plans, which are submitted to the Ministry of Mines, the Ministry of Environment and local authorities for monitoring (Articles 162–164 of the Mining Code). Operators are also required to rehabilitate mining sites progressively during exploration and exploitation activities. Before any mining or exploration permit is granted, an environmental impact assessment (EIA) must be conducted and approved, ensuring that potential environmental and social impacts are identified and mitigated. Environmental licensing is managed at the national level, with the Ministry of Environment co- ordinating oversight and compliance throughout the project life cycle. 2.2 Impact of Environmentally Protected Areas on Mining Gabon has significant protected areas, governed by the Environmental Protection Law. This law estab - lishes the principles of sustainable management and conservation mechanisms that strictly regulate the use of natural spaces. Law No 003/2007 on the creation, organisation and management of national parks, which prohibits indus - trial activities in classified areas, governs national parks. When mining activity is planned in the vicinity of these spaces, it is subject to a prior environmen - tal assessment obligation in accordance with Articles 17–27 of the Environmental Protection Law, necessi - tating an environmental impact study (EIA). The Min - ing Code reinforces this constraint by requiring the development of an environmental and social manage - ment plan (see Article 164 of the Mining Code) and a rehabilitation and closure plan (see Articles 153–156
To conduct exploration, an exploration permit is necessary. Initially granted for three years, it may be renewed twice for additional three-year periods. Per - mit holders are subject to limits on the number and size of permits depending on the mineral type. Within one year of issuance, a mining convention must be signed, outlining technical, legal, fiscal, economic, environmental and financial obligations, ensuring compliance with the Mining Code. For mining operations, a mining title is required. Small- scale permits, reserved for companies with at least 35% Gabonese ownership, are granted by ministe - rial order for five years, renewable in three-year incre - ments. Large-scale permits are granted by presiden - tial decree to public limited companies registered in Gabon, with a duration of 10–20 years, renewable for 5–10-year periods depending on investment. These titles must also be accompanied by a mining conven - tion detailing operational, environmental and financial obligations. The Code allows for the progression of titles, ena - bling holders to move from a prospection permit to an exploitation permit subject to the submission of a technical and financial programme validated by the administration and to compliance with legal obliga - tions. Regarding transferability, mining titles may be assigned, leased or transferred only with the prior approval of the Minister, ensuring operational con - trol and regulatory compliance. Titles are considered secure as long as the holder fulfils fiscal, environmen - tal, social and technical obligations, including site rehabilitation (see Articles 20–23 of the Mining Code). Finally, revocation or suspension of a title is possible only in cases of non-compliance with legal obligations, following formal notification and a period to remedy deficiencies (see Article 48 of the Mining Code).
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