PORTUGAL Law and Practice Contributed by: Manuel Protásio and Catarina Coimbra, VdA
This process ensures that the community’s per - spective is taken into account during decision- making. Furthermore, the EIA process evaluates both environmental and social impacts, consid - ering how mining operations will influence the health, livelihoods, and overall wellbeing of local communities. 2.4 Prior and Informed Consultation on Mining Projects Prior and informed consultation is mandatory under the EIA legislation. Generally, state authorities organise and oversee the public consultation process to ensure com - pliance with legal requirements. The investor or project developer typically provides the nec - essary information and documentation for the consultations. This ensures that transparency is maintained and that the local community’s feed - back is appropriately considered. 2.5 Impact of Specially Protected Communities on Mining Projects There are no specially protected communities in Portugal. 2.6 Community Development Agreement for Mining Projects In Portugal, community development agree - ments are generally not mandated by law for mining projects or other industrial activities. Legal requirements focus primarily on public consultations under the EIA procedure to ensure community involvement and address environ - mental and social effects. While not mandatory, some project developers may choose to enter into voluntary agreements with local communities to foster positive rela - tionships and mutual benefits. However, these agreements are not a common legal require -
ment, and are not enforced under the current legislative framework. 2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations As a member state of the EU, Portugal is subject to European legislation, including Environmen - tal, Social, and Governance (ESG) guidelines and regulations. While comprehensive sector- specific ESG regulations may still be evolving, several legislative and policy measures incorpo - rate ESG principles. Additionally, companies operating in Portugal are encouraged to implement Corporate Social Responsibility (CSR) practices aligned with ESG principles to promote sustainable development and ethical business practices. Portugal is also subject to EU regulations and directives emphasising ESG features, such as the EU Taxonomy Regulation and the Non- Financial Reporting Directive (NFRD), which require companies to disclose relevant ESG information. The EU’s Corporate Sustainability Reporting Directive (CSRD) further mandates that large companies report on sustainability, including ESG factors, affecting businesses in Illegal mining is not a significant or widespread issue in Portugal compared to some other regions or countries. Portugal has a well-reg - ulated mineral sector, with stringent laws and frameworks in place to manage mining activi - ties. Consequently, illegal mining’s impact on legal industrial mineral production in Portugal is minimal. the mineral sector. 2.8 Illegal Mining
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