MALI Law and Practice Contributed by: Fabiola Andriamalala and Felana Ranaivoson, John W Ffooks & Co
Main Features of the Environmental Licensing Process for an Exploration and Mining Project Prior to the commencement of mining activity, the applicant for a mining licence should: • carry out an EIA – the applicant contributes to the EIA’s cost; • implement an environmental and social man - agement plan in order to mitigate or manage environmental impacts and rehabilitation of the site affected by mining activity; and • obtain approval for the EIA from the Ministry of Environment. The environmental licensing process is conduct - ed at the national level. Strength and Efficiency of Environmental Authorities Environmental authorities play a key role in min - ing projects. For instance, the Ministry of Envi - ronment should approve the environmental and social impact notice, which briefly describes the project, the potential environmental impacts and measures to reduce or eliminate negative impacts. This approval is a prior condition for the commencement of exploration. Furthermore, the mining administration collabo - rates with the Ministry of Environment in moni - toring the site and surrounding area in relation to mining activity. 2.2 Impact of Environmentally Protected Areas on Mining Mali has environmentally protected areas that can be classified into natural integral reserves, national parks, faunal reserve, etc, according to Law No 95-31 dated 20 March 1995, which sets out the management conditions for wildlife and habitat. All categories of protected areas are
• an establishment agreement for the research phase; and • an establishment agreement for the operation phase. The duration of each agreement varies accord - ing to the phase of the mining activity and can - not exceed the duration of the phase concerned. For instance, the duration of the establishment agreement for the research phase cannot exceed that of the research permit, which is nine years including renewal periods. Whilst the duration of the establishment agree - ment for the operation phase is 12 years, said agreement can be renewed for a period not exceeding ten years.
2. Impact of Environmental Protection and Community Relations on Mining Projects 2.1 Environmental Protection and Licensing of Mining Projects
Environmental Laws and Regulations in Mali The environment in Mali is mainly governed by Law No 91-47/AN-RM, relating to environmental and living environment protection, and Law No 2021-032, dated 24 May 2021, relating to pollu - tion and nuisance. These laws regulate, among other things, water pollution, air pollution and noise emission. The Mining Code of 2023 also contains environmental provisions. In fact, an applicant for a mining licence should, prior to the commencement of its activities, carry out an environmental impact assessment (EIA). In addition, the mining licence holder should com - ply with environmental regulation during mining activity.
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