ANGOLA Law and Practice Contributed by: João Afonso Fialho and Marizeth Vicente, VdA
or eliminate the contamination of waters and soil, using appropriate means to that end; • not reduce or in any other way prejudice the nor - mal water supply to populations; • carry out mineral operations so as to minimise damage to the soil; • reduce the impact of noise and vibrations to acceptable levels as determined by the relevant authorities, when using explosives in the vicinity of settlements; • not discharge in the sea, water currents and lagoons contaminant waste that is harmful to human health, wildlife and flora; and • inform the authorities of any occurrence that has caused or may cause environmental damage. 2.2 Impact of Environmentally Protected Areas on Mining The government may exclude or restrict the carrying out of geological-mineral activities within certain areas to ensure the harmonious development of the national economy and to protect national security, wildlife, flo - ra and the environment. To date, the government has not made use of such prerogative. 2.3 Impact of Community Relations on Mining Projects The Mining Code expressly sets forth that mining policies must always consider the traditions of local communities and contribute to their sustainable eco - nomic and social development. Expressions of such principle of protection of local communities are found in several provisions of the Mining Code, including: • holders of mineral rights having a duty to always take into account the traditions of the communities in the areas where mineral activities are carried out; • creating consultation procedures, allowing the local communities affected by mineral projects to take an active part in decisions relating to protection of their rights; • having the right of relocation whenever the com - munities lose their houses as a result of mineral activities; and • ensuring the employment and training of Angolan technicians and workers, with preference being given to those residing in the areas of the mineral concession.
There are also protective local content provisions in the Mining Code aimed at protecting local entrepre - neurs and promoting local businesses, benefiting from a statutory preferential right in procurement proce - dures for the provision of goods and services to the mining industry. 2.4 Prior and Informed Consultation on Mining Projects Local communities must be consulted during the preparation of the EIA and before any decision is tak - en that may affect their living conditions or rights. This consultation is mandatory for projects that can poten - tially destroy or damage assets or cultural or historical heritage belonging to the local community. Holders of mineral rights must relocate, at their expense, any local community that is displaced as a result of mining operations, and all traditions and practices of local communities must be considered in the resettlement process. Without prejudice to the above, in planning the mineral activities, the Executive Branch shall provide for effec - tive measures for sustainable economic development and protection of the lawful rights and interests of the local communities, as well as for the development of national human resources. There are no specially protected communities with respect to mining projects under Angolan law. The local content rules found in the Mining Code are aimed at protecting local communities at large, and shall apply to all Angolan nationals, entities or populations residing in the concession area (as applicable). 2.6 Community Development Agreement for Mining Projects Community development agreements for mining pro - jects are not mandatory by law nor are they a common practice in Angola. 2.7 ESG Guidelines and Regulations ESG guidelines and regulations are scattered in differ - ent provisions of the Mining Code, ancillary industry- specific legislation, and general laws and regulations. ESG provisions can also be found in mineral invest - 2.5 Impact of Specially Protected Communities on Mining Projects
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