MOZAMBIQUE Law and Practice Contributed by: João Afonso Fialho, Guilherme Daniel and Helna Vitoldás, VdA
for pilot projects and mining certification, and these require a simplified EIA; and • Category C activities are mining activities car - ried out under a mining pass or an explora - tion licence which do not involve mechanised methods, and require an environment man - agement plan. Although the Ministry for Land and Environment acts as the country’s environmental regulator, the Inspectorate-General of Mineral Resources and Energy is responsible for monitoring and conducting inspections of mineral activities, as well as for controlling and supervising compli - ance with the legal provisions, regulations and standards applicable to mining operations, including the technical standards applicable to environmental protection. Furthermore, according to the Environmental Regulations for Mining Activity, the Ministry of Mineral Resources and Energy may designate inspectors for a specific project, who will be responsible for ensuring compliance with the applicable environmental legislation, without prejudice to any inspection actions carried out by other ministries. 2.2 Impact of Environmentally Protected Areas on Mining The Land Law defines fully protected areas and partially protected areas. Fully protected areas are reserved for nature conservation and state military activities. The following are partially pro - tected areas: • sea and river beds; • the continental shelf; • an area of 100 m from the coastline or river banks, or both;
• an area of 250 m bordering dams and man- made lakes, as well as railway infrastructure and an area of 50 m adjacent to it; • highways and areas of 50 m adjacent to them; • a 2 km-wide band along the country’s bor - ders; • airports and an area of 100 m adjacent to them; and • military facilities and an area of 100 m adja - cent to them. No rights can be awarded over fully or partially protected areas, but special licences may be obtained for specific and limited activities. 2.3 Impact of Community Relations on Mining Projects The government has a duty to protect local com - munities where mining activities are authorised and to promote socio-economic development for their well-being. Holders of mineral rights must respect the rights of local communities and contribute to the pres - ervation of socio-cultural aspects of these com - munities. Where mining activities are to be car - ried out in a populated area, the local population should be resettled, for which a relocation plan must be prepared, and due compensation must be paid to those affected by the mining activities. Holders of mineral rights are also incentivised to hire Mozambican workers residing in the areas surrounding their mines, to promote job creation and the transfer of know-how and capabilities to local communities. There are also protective local content provi - sions in the Mining Law and the Mining Law Regulations aimed at protecting local entrepre - neurs and promoting local businesses so that
338 CHAMBERS.COM
Powered by FlippingBook