PORTUGAL Law and Practice Contributed by: Manuel Protásio and Catarina Coimbra, VdA
pal plan may not be completely updated in relation to special zoning plans approved by the government determining legal restrictions for environmental pur - poses, and these plans and restrictions must be taken into account. 2.3 Impact of Community Relations on Mining Projects In Portugal, managing community relations in min - ing projects involves a well-structured and inclusive approach that prioritises transparency, consultation and safeguarding local community interests. Sig - nificant mining projects are required to hold public consultations under the EIA process, which give local residents an opportunity to voice their concerns, ask questions and contribute feedback on the proposed activities. This process ensures that the community’s perspec - tive is taken into account during decision-making. Furthermore, the EIA process evaluates both envi - ronmental and social impacts, considering how min - ing operations will influence the health, livelihood and overall well-being of local communities. 2.4 Prior and Informed Consultation on Mining Projects Prior and informed consultation is mandatory under the EIA legislation. Generally, State authorities organise and oversee the public consultation process to ensure compliance with legal requirements. The investor or project developer typically provides the necessary information and doc - umentation for the consultations. This ensures that transparency is maintained and that the local com - munity’s feedback is appropriately considered. 2.5 Impact of Specially Protected Communities on Mining Projects There are no specially protected communities in Por - tugal. 2.6 Community Development Agreement for Mining Projects In Portugal, community development agreements are generally not mandated by law for mining projects or other industrial activities. Legal requirements focus
primarily on public consultations under the EIA pro - cedure to ensure community involvement and address environmental and social effects. While not mandatory, some project developers may choose to enter into voluntary agreements with local communities to foster positive relationships and mutual benefits. However, these agreements are not a common legal requirement, and are not enforced under the current legislative framework. 2.7 ESG Guidelines and Regulations As a member state of the EU, Portugal is subject to EU legislation, including environmental, social and governance (ESG) guidelines and regulations. While comprehensive sector-specific ESG regulations may still be evolving, several legislative and policy meas - ures incorporate ESG principles. Additionally, companies operating in Portugal are encouraged to implement Corporate Social Respon - sibility (CSR) practices aligned with ESG principles to promote sustainable development and ethical busi - ness practices. Portugal is also subject to EU Regulations and Direc - tives emphasising ESG features, such as the EU Tax - onomy Regulation and the Non-Financial Reporting Directive (NFRD), which require companies to disclose relevant ESG information. The EU’s Corporate Sus - tainability Reporting Directive (CSRD) further man - dates that large companies report on sustainability, including ESG factors, affecting businesses in the mineral sector. 2.8 Illegal Mining Illegal mining is not a significant or widespread issue in Portugal compared to some other regions or coun - tries. Portugal has a well-regulated mineral sector, with stringent laws and frameworks in place to man - age mining activities. Consequently, illegal mining’s impact on legal industrial mineral production in Por - tugal is minimal.
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