GUINEA Law and Practice Contributed by: Sarah Razafindrafito and Tiavina Rakotonaivo, John W Ffooks & Co
title must include an environmental and social impact study, in accordance with the Environmental Code and its implementing regulations. Requirements in this regard are modulated according to the scope of the work planned, ranging from a simple environmental impact notice for an exploration permit to a detailed environmental and social impact study for an exploita - tion permit or a mining concession. The detailed environmental and social impact study must include the following elements: • a description of the project (in this case, a mining project); • an analysis of the initial state of the site and its environment; • an assessment of the foreseeable consequences of implementing the mining project on the site, includ - ing for the natural and human environment; • a statement and description of the measures planned to avoid, reduce if possible or compensate for the harmful consequences of the mining project on the environment, including the residual impacts; • a presentation of possible alternative solutions; and • an estimation of the corresponding costs. This is in accordance with Article 29 of the Environ - mental Code. The preparation of an environmental impact notice for an exploration permit is also subject to the require - ments set out in the foregoing. The environmental impact notice, or the detailed envi - ronmental and social impact study, is carried out at the national level, albeit in accordance with interna - tionally accepted standards. Non-compliance with the environmental requirements set out in the Mining Code and the Environmental Code may lead the envi - ronmental authorities to impose administrative and/or criminal sanctions. 2.2 Impact of Environmentally Protected Areas on Mining Under the Environmental Code, an environmentally protected area is a clearly defined geographical area that is recognised, dedicated and managed by any effective means, legal or otherwise, to ensure the
long-term conservation of nature and ecosystem ser - vices as well as the associated cultural values. The Mining Code also contains provisions relating to (i) closed zones (Article 110) and (ii) protected or pro - hibited zones (Article 111). For reasons of public order, the President of the Republic may classify certain zones as closed zones for a limited period and suspend the granting of an exploration permit, exploitation permit or mining con - cession for some or all mining substances (Article 110 of the Mining Code). As regards protected and prohibited zones, it is pro - vided that perimeters of any size may be established within which the exploration and exploitation of mining substances are subject to certain conditions or sim - ply prohibited. Such restrictions may be implemented anywhere it is deemed necessary for the public inter - est and, in particular, for the purposes of protecting buildings and agglomerations, cultural or burial sites, water holes, coastal areas, communication channels, works of art and works of public utility, without the holder having any claim whatsoever for compensation in this regard (Article 111 of the Mining Code). 2.3 Impact of Community Relations on Mining Projects Under the Mining Code, any holder of a mining exploi - tation permit must enter into a local development agreement (LDA) with the local community residing on or in the immediate vicinity of the mining title. Accord - ing to Article 130 of the Mining Code, the purpose of the LDA is to: • create the conditions for efficient and transparent management of the local development contribu - tion, which is paid by the holder of the mining exploitation permit; and • strengthen the capacity of the local community to plan and implement the community development programme. 2.4 Prior and Informed Consultation on Mining Projects Any opening or closure of exploration and/or exploita - tion of mines or quarries is subject to a prior declara -
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