SENEGAL Law and Practice Contributed by: Mampionona Razafimamonjy 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 The Environmental Code provides an in-depth description of features such as strategic environmen - tal assessments, initial environmental analyses and mandatory environmental and social impact assess - ments. An environmental impact assessment is a pre-condi - tion for any development project that is likely to harm the environment, and mining projects are no excep - tion. Consequently, projects are classified into two categories based on their environmental impact: • high-risk projects require comprehensive environ - mental and social impact assessments; and • moderate-risk projects undergo initial environmen - tal analyses. The foregoing process emphasises public participa - tion at all stages, ensuring community involvement and transparency. Approved projects receive renew - able environmental compliance certificates that are valid for five years, with periodic environmental audits to ensure ongoing compliance. 2.2 Impact of Environmentally Protected Areas on Mining Protected Areas Protected areas in Senegal are areas where exploita - tions are subject to rules designed to preserve their quality. To ensure a balance between resource extrac - tion and the protection of critical public assets and interests, the Mining Code establishes the possibility for the Ministry of Mines to designate protected areas where mining activities such as prospecting, explora - tion and exploitation are strictly prohibited. Additional - ly, protected areas may be created wherever deemed necessary by the Ministry, such as for preserving eco - logical integrity, public safety or cultural heritage. While this safeguards critical assets and promotes sustainable development, it also restricts mining
permit over the area covered by their exploration activities. This will guarantee a smooth transition from exploration to mining, provided all legal and technical conditions are met. Maintenance Requirements To maintain their rights, permit holders must comply with obligations such as paying annual surface rents and mining fees, submitting regular activity reports and commencement of work within legal deadlines. Failure to fulfil these obligations may result in fines or the suspension or cancellation of permits. Cancellation and Revocation Procedures Mining rights can only be cancelled for specific rea - sons, such as non-compliance with legal obligations, failure to meet financial commitments or environmen - tal violations. The state must follow a formal proce - dure, including issuing a notice to rectify the violation and hearing the permit holder before revoking the rights. Operating Control and Marketing Permit holders retain control over mining operations but must comply with regulatory frameworks govern - ing safety, environmental protection, and labour con - ditions. The marketing of extracted minerals is gener - ally unrestricted, although operators must adhere to export rules and report their sales to the authorities. Transferability Mining rights are transferable, subject to prior approval from the Ministry of Mines. The Mining Code provides for the procedure, the information required from both parties and all the documents relating to the purpose of the transaction needed to carry out the transfer. In the event that the holder of the mining title waives its exploitation permit, or at the expiry of the explora - tion permit without any request for renewal from the permit holder, full ownership of the rights as well as the quarry will be transferred to the state. However, renunciation does not release permit holders from the obligations resulting from activities undertak - en prior to the effective date of renunciation.
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