GUINEA Law and Practice Contributed by: Kanto Andrianjakamanantsoa and Tiavina Rakotonaivo, John W Ffooks & Co
• a description of the project (in this case, a mining project); • an analysis of the initial state of the site and its environment; • an assessment of the foreseeable conse - quences of implementing the mining project on the site, including for the natural and human environment; • a statement and description of the measures planned to avoid, reduce if possible or com - pensate for the harmful consequences of the mining project on the environment, including the residual impacts; • a presentation of possible alternative solu - tions; and • an estimation of the corresponding costs. The preparation of an environmental impact notice for an exploration permit is also subject to the requirements set out in the foregoing. The environmental impact notice or the detailed environmental and social impact study is carried out at the national level, albeit in accordance with internationally accepted standards. Non-com - pliance with the environmental requirements set out in the Mining Code and the Environmental Code may lead the environmental authorities to impose administrative and/or criminal sanctions. 2.2 Impact of Environmentally Protected Areas on Mining Under the Environmental Code, an environmen - tally protected area is a clearly defined geo - graphical area that is recognised, dedicated and managed by any effective means, legal or otherwise, to ensure the long-term conservation of nature and ecosystem services as well as the associated cultural values.
The Mining Code also contains provisions relat - ing to (i) closed zones and (ii) protected or pro - hibited zones. For reasons of public order, the President of the Republic may classify certain zones as closed zones for a limited period and suspend the grant - ing of an exploration permit, exploitation permit or mining concession for some or all mining sub - stances. As regards protected and prohibited zones, it is provided that perimeters of any size may be established within which the exploration and exploitation of mining substances are sub - ject to certain conditions or simply prohibited. Such restrictions may be implemented anywhere it is deemed necessary for the public interest and, in particular, for the purposes of protecting buildings and agglomerations, cultural or burial sites, waterholes, coastal areas, communication channels, works of art and works of public utility, without the holder having any claim whatsoever for compensation in this regard. 2.3 Impact of Community Relations on Mining Projects Under the Mining Code, any holder of a mining exploitation permit must enter into a local devel - opment agreement (LDA) with the local commu - nity residing on or in the immediate vicinity of the mining title. The purpose of the LDA is to: • create the conditions for efficient and trans - parent management of the local development contribution, which is paid by the holder of the mining exploitation permit; and • strengthen the capacity of the local commu - nity to plan and implement the community development programme.
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