MADAGASCAR Law and Practice Contributed by: Herisoa Raharimamonjy and Mialy Solofohery, John W Ffooks & Co
• compliance with environment protection regu - lations by mining licence holders; • the obtainment of an environmental authori- sation or licence prior to the commencement of any mining activity; • the submission of an environmental impact assessment document ( étude d’impact envi- ronnemental (EIE)) approved by the relevant environmental authority (ie, Office National pour l’Environnement (ONE)) to the relevant environmental body of the Ministry of Mines; and • approval from the Environmental Commit - ment Programme ( Program d’Engagement Environnemental (PEE)), the relevant environ - mental body of the Ministry of Mines. The relevant bodies in charge of the approval of documents and the granting of environmen - tal licences or authorisations are the Ministry of Environment (a national body) and the provin - cial director of the Ministry of Mines (a provincial authority). In the event of breach of any environmental requirement, the environmental authority is enti - tled to make a request to the Ministry of Mines/ Provincial Director of the Ministry of Mines for the suspension of activities. 2.2 Impact of Environmentally Protected Areas on Mining Environmentally protected areas in Madagascar are regulated by: • Law No 2015-005, dated 26 February 2015, recasting the Protected Areas Management Code; • Decree No 2017-415, dated 30 May 2017, setting the terms and conditions for the application of Law No 2015-005 of 26 Febru -
ary 2015, overhauling the Protected Areas Management Code; and • Law No 2023-007, dated 27 July 2024, revis - ing the Mining Code. These key provisions provide mining licence holders and operators with protection while per - forming their mining activities in three domains: protected areas, reserved areas and prohibited areas. 2.3 Impact of Community Relations on Mining Projects The Mining Code addresses potential com - munity issues arising from mining projects. It requires that relationships with landowners or occupants be governed by negotiations, written agreements and fair compensation for damages. In cases where an amicable agreement cannot be reached, disputes are resolved through a pro - cess starting with conciliation and, if necessary, moving to amicable settlement or litigation pro - cedures with juridical bodies. 2.4 Prior and Informed Consultation on Mining Projects In Madagascar, prior and informed consulta - tion is mandatory for mining projects, particu - larly when they involve local communities. This process is typically led by the investor but must comply with legal frameworks that ensure the consultation is transparent and inclusive. The objective is to ensure that communities affected by the mining project are informed about poten - tial impacts, and that their consent is sought. The consultation involves the participation of local populations, affected parties and, where applicable, governmental bodies. The investor is responsible for initiating the consultation pro - cess, which should include environmental and
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