MOZAMBIQUE Law and Practice Contributed by: João Afonso Fialho, Guilherme Daniel and Helna Vitoldás, VdA
2. Impact of Environmental Protection and Community Relations on Mining Projects 2.1 Environmental Protection and Licensing of Mining Projects
with the request for issuance of the mining title and must include: • the location and basic description of the project; • the methods and procedures of mining opera - tions; • main impacts on the environment and mitiga - tion measures; • a monitoring programme; and • a programme for the rehabilitation of the affected area and/or closure of the mine. Level III Activities These are the mining operations involving mech - anised methods, not classified as Level I and Level II activities. Mining operations falling under this level – typically mining concessions – require an environmental impact assessment (EIA) in order to obtain an environmental licence, which is issued by the Ministry of Land and Environ - ment. The resulting EIA report, which contains the assessment findings, must also include an environment management programme, as well as an emergency and risk situation control pro - gramme. The environment management pro - gramme should contain an environment moni - toring programme and a mine decommissioning and closure programme, and is required to cover a five-year period. The Mining Law also generically classifies mining activities in three categories, each having envi - ronmental obligations as referred to under the Environmental Regulations for Mining Activity: • Category A activities are those carried out under a mining concession and require an EIA; • Category B activities are mining activities in quarries, prospecting and research activities
The environmental laws applicable to mining activities are primarily regulated by the Environ - mental Law, the Environmental Regulations for Mining Activity and the Basic Rules on Environ - mental Management for Mining Activity. Accord - ing to the Environmental Regulations for Mining Activity, mining operations are classified into three levels, as follows. Level I Activities These refer to small-scale mining operations, including prospecting and exploration using non-mechanised methods, and are subject to the Basic Rules on Environmental Management for Mineral Activities (Ministerial Order 189/2006 of 14 December) aimed at mitigating any envi - ronmental damage or socio-economic impacts possibly arising from mining activities by ensur - ing that these respect simple methods intended to prevent air, soil and water pollution, as well as damage to flora and fauna, and to protect human health. Level II Activities These refer to mining activities carried out in quarries or that involve the extraction and min - ing of other mineral resources for construc - tion, exploration and mining activities involving mechanised equipment, as well as pilot projects. Mining operations falling under Level II activi - ties must submit an environmental management plan and an emergency and risk situation control programme which may arise from the implemen - tation of a specific project. The environmental management plan must be submitted together
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