PORTUGAL Law and Practice Contributed by: Manuel Protásio and Catarina Coimbra, VdA
Rights to conduct the reconnaissance may not be transferred. In accordance with the Geological Resources Law, the creation of mortgages is only author - ised over rights arising from a concession for exploitation – and over the physical facilities cre - ated for support of mining activities – as security for credits/loans for the exploitation work, and must be previously communicated to the DGEG. The enforcement of the mortgage must follow the rules of the Code of Tax Procedure and Pro - ceedings and of the Civil Procedure Code until the moment of auction, which must be carried out by the DGEG through a public tender. From an environmental standpoint, mining activ - ity is assessed on a global basis but still tends to be quite compartmentalised because applica - ble permits and legal frameworks are intrinsically connected to the specific components and char - acteristics of a project (ie, its location, capacity and specific features). Accordingly, from a broad perspective, and con - sidering the activities and infrastructures in prin - ciple required for mining activity, the following legal frameworks should be considered. • Environmental Impact Assessment. • Integrated Prevention and Control of Pollu - tion. • Responsible Industry System. 2. Impact of Environmental Protection and Community Relations on Mining Projects 2.1 Environmental Protection and Licensing of Mining Projects
• Management of Waste from the Exploitation of Mineral Deposits and Mineral Masses. • Use of Water Resources. • Prevention of Major Accidents (involving dan - gerous substances). • Environmental Liability. Although the above legal frameworks involve specific licensing procedures, such permits are all included in a Single Environmental Title (TUA), which aggregates and registers all environmen - tal licensing decisions, condensing all informa - tion on environmental requirements applicable to an establishment, activity or project. 2.2 Impact of Environmentally Protected Areas on Mining Mining operations may only be carried out in areas designated for these activities in the applicable municipal zoning plans, or in areas where mining is considered compatible with the use anticipated for the municipal zoning plan. In some cases, the municipal plan may not be completely updated in relation to special zoning plans approved by the government determining legal restrictions for environmental purposes, and these plans and restrictions must be taken into account. 2.3 Impact of Community Relations on Mining Projects In Portugal, managing community relations in mining projects involves a well-structured and inclusive approach that prioritises transparency, consultation, and safeguarding local community interests. Significant mining projects are required to hold public consultations under the Environ - mental Impact Assessment (EIA) process, which give local residents an opportunity to voice their concerns, ask questions, and contribute feed - back on the proposed activities.
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