Mining 2026

MADAGASCAR Law and Practice Contributed by: Mialy Solofohery and Tiavina Rakotonaivo, John W Ffooks & Co

2. Impact of Environmental Protection and Community Relations on Mining Projects 2.1 Environmental Protection and Licensing of Mining Projects The regulations for environmental protection and the licensing of mining projects in Madagascar are: • Law No 2015-003, dated 20 January 2015, updat - ing the Malagasy Environment Charter; • Law No 2023-007, dated 27 July 2024, revising the Mining Code; • Decree No 2025-080 dated 28 January 2025 establishing the rules and procedures for Environ - mental and Social Assessment for the Compatibil - ity of Investments with the Environment or MECIE; and • Interministerial Order No 12032/2000, relating to environmental protection regulations in the mining sector. Exploration and mining project licensing are subject to environmental processes, as follows: • compliance with environment protection regula - tions by mining licence holders; • the obtainment of an environmental authorisation or licence prior to the commencement of any min - ing activity; • the submission of an environmental impact assess - ment document ( étude d’impact environnemen- tal et social (EIES)), approved by the relevant environmental authority (ie, Office National pour l’Environnement (ONE)), to the relevant environ - mental body of the Ministry of Mines; and • the approval from the Environmental and Social Commitment Programme ( Program d’Engagement Environnemental et Social (PREES)), the relevant environmental body of the Ministry of Mines, based on the technical opinion issued by its Environmen - tal Unit (if applicable). The relevant bodies in charge of the approval of doc - uments and the granting of environmental licences or authorisations are the Ministry of Environment (a national body) and the provincial director of the Min - istry of Mines (a provincial authority).

In the event of serious breach of any environmental requirement, the ONE is entitled to declare a suspen - sion of the Environmental Permit for a period of 30 days, followed by a formal notice to cease work or permanent withdrawal of the Environmental Permit. The Ministry of Mines/Provincial Director of the Minis - try of Mines, which issued the operating licence, may also order the temporary closure of the establishment for three months or its permanent closure. 2.2 Impact of Environmentally Protected Areas on Mining Environmentally protected areas in Madagascar are regulated by: • Law No 2015-005, dated 26 February 2015, recast - ing the Protected Areas Management Code; • Decree No 2025-778 dated 15 July 2025 setting out the terms and conditions for the implementa - tion of Law No 2015-005 dated 26 February 2015 recasting the Protected Areas Management Code; • Decree No 2017-415, dated 30 May 2017, setting the terms and conditions for the application of Law No 2015-005 of 26 February 2015, overhauling the Protected Areas Management Code; and • Law No 2023-007, dated 27 July 2024, revising the Mining Code. These key provisions provide mining licence holders and operators with protection while performing their mining activities in three domains: protected areas, reserved areas and prohibited areas. 2.3 Impact of Community Relations on Mining Projects The Mining Code addresses potential community issues arising from mining projects. It requires that relationships with landowners or occupants be gov - erned by negotiations, written agreements and fair compensation for damages. In cases where an ami - cable agreement cannot be reached, disputes are resolved through a process starting with conciliation and, if necessary, moving to amicable settlement or litigation procedures with juridical bodies.

225 CHAMBERS.COM