Mining 2025

ANGOLA Law and Practice Contributed by: João Afonso Fialho, Marizeth Vicente and Lukeny Pascoal, VdA

2.3 Impact of Community Relations on Mining Projects The Mining Code expressly sets forth that min - ing policies must always consider the traditions of local communities and contribute to their sustainable economic and social development. Expressions of such principle of protection of local communities are found in several provi - sions of the Mining Code, including: • holders of mineral rights having a duty to always take into account the traditions of the communities in the areas where mineral activities are carried out; • creating consultation procedures allowing the local communities affected by mineral projects to take an active part in decisions relating to protection of their rights; • having the right of relocation whenever the communities lose their houses as a result of mineral activities; and • ensuring the employment and training of Angolan technicians and workers, with pref - erence being given to those residing in the areas of the mineral concession. There are also protective local content provi - sions in the Mining Code aimed at protecting local entrepreneurs and promoting local busi - nesses, benefiting from a statutory preferential right in procurement procedures for the provision of goods and services to the mining industry. 2.4 Prior and Informed Consultation on Mining Projects Local communities must be consulted during the preparation of the EIA and before any deci - sion is taken that may affect their living condi - tions or rights. This consultation is mandatory for projects that can potentially destroy or damage assets or cultural or historical heritage belong - ing to the local community. Holders of mineral

harmony must be subject to an environmental impact assessment (EIA). Holders of mineral rights are especially required: • to comply with the obligations deriving from the environmental impact study and the envi - ronmental management plan, on the terms established therein; • to take the measures necessary to reduce the formation and propagation of dust, waste and radiation in mining areas and surrounding areas to prevent or eliminate the contamina - tion of waters and soil, using appropriate means to that end; • not to reduce or in any other way prejudice the normal water supply to populations; • to carry out mineral operations so as to mini - mise damage to the soil; • to reduce the impact of noise and vibrations to acceptable levels as determined by the relevant authorities, when using explosives in the vicinity of settlements. • not to discharge in the sea, water currents and lagoons contaminant waste which is harmful to human health, wildlife and flora; and • to inform the authorities of any occurrence that has caused or may cause environmental damage. 2.2 Impact of Environmentally Protected Areas on Mining The government may exclude or restrict the car - rying out of geological-mineral activities within certain areas to ensure the harmonious develop - ment of the national economy and protect the national security, wildlife, flora and the environ - ment. To date, the government has not made use of such prerogative.

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