NORTH MACEDONIA Law and Practice Contributed by: Ana Tosic Chubrinovski, Ivica Jevtic, Ljupka Naumoska Gjorgjievska and Marija Boceska, JPM Partners North Macedonia
The environmental permitting process for exploration and mining projects is multi-phase and integrated, involving several types of permits and approvals that are mutually interdependent. The first and mandatory phase is the EIA; the sec - ond phase is obtaining the integrated environmental permit. However, in addition to these environmental permits, the concessionaire must also have a Waste Management Plan for mineral resources, a financial guarantee sufficient to cover the costs for eliminating harmful environmental effects and for land remedia - tion, and a programme for the prevention of significant hazards. The competences for environmental permitting are divided between the national and local levels depend - ing on the scale, meaning that the Ministry of Environ - ment and Physical Planning is responsible for larger and more complex industrial installations, whereas the mayors of municipalities are responsible for smaller projects. The legal framework provides authorities with strong and efficient instruments for monitoring and sanction - ing polluters, including the complete suspension of mining projects that do not comply with environmental regulations. 2.2 Impact of Environmentally Protected Areas on Mining Protected areas certainly exist, and these include national parks, nature reserves, and the lakes Ohrid, Prespa and Dojran. The existence of protected areas has a direct and significant impact on the activities of exploration, development and exploitation of mineral resources, an impact that is manifested through general and specific prohibitions, strict procedural requirements, and pro - tection regimes that vary depending on the category and zoning of the protected area. Any potential mining project within or in the vicinity of a protected area must undergo rigorous impact assessment procedures and obtain consent from the environmental protection authorities, which repre -
sents a significant legal, administrative and financial obstacle. The legislation clearly prioritises the protection of nature over economic exploitation in these areas. 2.3 Impact of Community Relations on Mining Projects North Macedonia’s legislation provides and establish - es a framework for managing community relations in a manner that requires: • mandatory public participation in environmental procedures, particularly by the affected local com - munity; • a key role of local self-government as the repre - sentative of the community – ie the mandatory opinion of the municipality for any project intended to be implemented on its territory; • strong protection of private property; and • specific mechanisms for the protection of minority communities. This creates conditions under which no mining pro - ject can be implemented without a significant level of consultation and consent from the local community. 2.4 Prior and Informed Consultation on Mining Projects Prior and informed consultation is unequivocally man - datory. It is systemically embedded in the legal frame - work and is implemented as a shared responsibility of the state and the investor. The state sets the framework, conducts the formal procedures and renders the final decisions, while the investor is responsible for providing detailed informa - tion, directly negotiating with property owners and financing the transparency process. The legislation establishes several mechanisms ensur - ing that the public, and especially the local communi - ty, is informed in a timely manner and actively involved in the decision-making process. This obligation is not merely a formality, but is integrat - ed into the key phases of licensing, from environmen - tal assessments to the granting of concessions. The
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