MADAGASCAR Law and Practice Contributed by: Herisoa Raharimamonjy and Mialy Solofohery, John W Ffooks & Co
3. Climate Change, Energy Transition and Sustainable Development in Mining 3.1 Climate Change Effects
2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects The following list provides good examples of environmental and community relations/consul - tation around mining projects in Madagascar: • establishment of a written agreement entered into between the mining licence holders and landowners/occupants regarding their respective rights and obligations; • obtainment of explicit authorisation, from the landowner by the mining licence holder, against adequate compensation, with respect to wood-cutting works within the mining perimeter; and • settling disputes through non-litigious pro - cedures prior to any referral to the relevant courts. Bad examples of environmental and community relations/consultation around mining projects include the following: • the mining licence holder fails to inform the landowner of the rights of the licence holder to occupy the plots covered by its mining licence; • the mining licence holder proceeds with relocation prior to completing the payment of compensation to landowners/occupants subject to forced relocation; and • the mining licence holder fails to repair dam - age to private or public areas, as well as to the environment, caused by its activities.
The Malagasy legislation approaches climate change from the standpoint of environmen - tal protection. Initiatives affecting the mining industry in Madagascar, which must comply with environmental protection measures, include the following: • mining licence holders are required to comply with environmental protection regulations; • mining licence delivery is subject to the obtainment of an environmental licence/ authorisation; • eventually, new research requiring an explora - tion licence will also require an EIE; and • the approval of the PEE will be required for the granting of research and mining licences. 3.2 Climate Change Legislation and Proposals Related to Mining The authors are not aware of any specific key provisions focusing solely on climate change in Madagascar. 3.3 Sustainable Development Initiatives Related to Mining Law No 2015-003, dated 20 January 2015 and updating the Malagasy Environment Charter, mainly establishes sustainable development initiatives. Sustainable development initiatives focus on: • socio-economic development; • sustainable management of the environment; and • good environmental governance.
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