MALI Law and Practice Contributed by: Felana Ranaivoson 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 Environmental Laws and Regulations in Mali The environment in Mali is mainly governed by Law No 91-47/AN-RM, relating to environmental and liv - ing environment protection, and Law No 2021-032, dated 24 May 2021, relating to pollution and nuisance. These laws regulate, among other things, water pol - lution, air pollution and noise emission. The Mining Code of 2023 also contains environmental provisions. In fact, an applicant for a mining licence should, prior to the commencement of its activities, carry out an environmental impact assessment (EIA). In addition, the mining licence holder should comply with environ - mental regulation during mining activity. Main Features of the Environmental Licensing Process for an Exploration and Mining Project Prior to the commencement of mining activity, the applicant for a mining licence should: • carry out an EIA – the applicant contributes to the EIA’s cost; • implement an environmental and social manage - ment plan in order to mitigate or manage envi - ronmental impacts and rehabilitation of the site affected by mining activity; and • obtain approval for the EIA from the Ministry of Environment. The environmental licensing process is conducted at the national level. Strength and Efficiency of Environmental Authorities Environmental authorities play a key role in mining projects. For instance, the Ministry of Environment should approve the environmental and social impact notice, which briefly describes the project, the poten - tial environmental impacts and measures to reduce or eliminate negative impacts. This approval is a prior condition for the commencement of exploration.
1.5 Nature of Mineral Rights Mineral rights do not have any constitutional basis in Mali. The Mining Code states that natural deposits of mineral substances in the soil and subsoil of Mali automatically belong to the state. Thus, mineral rights have the status of property under mining permits or authorisations. Holders of mining permits or authori - sations have specific rights to use the resources, but these are conditional and subject to compliance with legal requirements. 1.6 Granting of Mineral Rights Mineral rights in Mali are granted by the ministry in charge of mines, which is the national-level authority responsible for managing the mining industry. There are no overlapping jurisdictions. Mineral rights are granted through an administrative act, typically in the form of permits or authorisations depending on the activity. 1.7 Mining: Security of Tenure A mining agreement entitled the “establishment agreement” is firstly concluded between the Malian state and the mining licence holder in order to set out the rights and obligations of the parties. The Mining Code of 2023 provides for two types of establishment agreements: • an establishment agreement for the research phase; and • an establishment agreement for the operation phase. The duration of each agreement varies according to the phase of the mining activity and cannot exceed the duration of the phase concerned. For instance, the duration of the establishment agreement for the research phase cannot exceed that of the research permit, which is nine years including renewal periods. Whilst the duration of the establishment agreement for the operation phase is 12 years, said agreement can be renewed for a period not exceeding ten years.
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