PORTUGAL Law and Practice Contributed by: Manuel Protásio and Catarina Coimbra, VdA
2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects The Neves-Corvo polymetallic mine developed by Sociedade Mineira de Neves-Corvo, SA (or Somi - cor) and located in the Iberian Pyrite Belt in the Baixo Alentejo region in the south of Portugal is a good example of environmental and community relations around mining projects in Portugal. Neves-Corvo is one of the EU’s largest underground copper and zinc mines, and started operating in 1988. It directly employs around 2,000 workers, and there - fore has a significant impact on the social and eco - nomic development of the region. It is located in the Natura 2000 area within the Special Protected Areas (SPAs) of Castro Verde and the Guadiana Site of Com - munity Interest (SCI). There is also a protection area for wild birds and several habitats, according to the Habitats Directive No 92/43/CEE. The mining project has been subject to the EIA pro - cedure, and was approved with constraints due to the Nature Conservation Area. The mining company has met and gone far beyond all of its obligations. It has created multiple programmes and enhanced its CSR drive by initiating actions to support local communities. The government is back - ing this initiative by permitting a share of the royalties that the company is required to pay to the State to be used for regional development activities. These efforts aim to improve the quality of life for local communities, boost public awareness, and foster acceptance and trust in the mining sector. The recent surge in lithium exploration, with numer - ous mining projects under way, has sparked opposi - tion from local communities, with resistance primarily attributable to the projects involving open-cast mining (requiring the removal of large quantities of earth to access valuable minerals), which could trigger signifi - cant environmental damage. Open-cast mining has often met with opposition from local communities, with residents living close to mining sites frequently expressing concerns over the deterioration in their liv - ing conditions, a loss of biodiversity, and the potential health risks associated with air and water pollution.
Dust and noise pollution from mining operations have also been flagged by the local populations as factors that will negatively impact their quality of life. The new Barroso Mine, developed by Savannah Resources, has come up against significant criticism from local populations. Although the APA gave its pre - liminary approval for the EIA of the Barroso mine pro - ject at the end of May 2023, many residents think the mine should not be built, and have founded Unidos em Defesa de Covas do Barroso (UDCB), an asso - ciation that organises demonstrations, assemblies, protest camps and legal action. 3. Climate Change, Energy Transition and Sustainable Development in Mining 3.1 Climate Change Effects Climate change legislation in Portugal is affecting the mining industry by driving the integration of renewable energy sources, adoption of cleaner technologies, and compliance with stringent environmental regulations. Financially, these regulations incur additional costs, but they also attract investment for companies prior - itising ESG criteria. Participation in the EU Emissions Trading System (ETS) requires emissions manage - ment and reporting. EIAs mandate rigorous evalua - tions, promoting sustainable practices and fostering transparent community engagement. Strategically, mining companies are aligning with national climate adaptation plans, supporting broader climate goals and driving innovation in sustainable technologies. 3.2 Climate Change Legislation and Proposals Related to Mining In Portugal, while there are comprehensive climate change and environmental regulations that impact the mining sector, there is no specific climate change legislation that exclusively targets the mining industry. 3.3 Sustainable Development Initiatives Related to Mining As an EU member state, Portugal actively follows EU initiatives on sustainable development. However, the country also has its own distinctive sustainable development measures, primarily driven by the Cli -
307 CHAMBERS.COM
Powered by FlippingBook