SENEGAL Law and Practice Contributed by: Hariliva Andriamahefa and Mampionona Razafimamonjy, John W Ffooks & Co
2. Impact of Environmental Protection and Community Relations on Mining Projects 2.1 Environmental Protection and Licensing of Mining Projects Environmental Laws and Regulations
Cancellation and Revocation Procedures Mining rights can only be cancelled for specific reasons, such as non-compliance with legal obli - gations, failure to meet financial commitments or environmental violations. The state must follow a formal procedure, including issuing a notice to rectify the violation and hearing the permit holder before revoking the rights. Operating Control and Marketing Permit holders retain control over mining opera - tions but must comply with regulatory frame - works governing safety, environmental protec - tion, and labour conditions. The marketing of extracted minerals is generally unrestricted, although operators must adhere to export rules and report their sales to the authorities. Transferability Mining rights are transferable, subject to prior approval from the Ministry of Mines. The Mining Code provides for the procedure, the information required from both parties and all the documents relating to the purpose of the transaction needed to carry out the transfer. In the event that the holder of the mining title waives its exploitation permit, or at the expiry of the exploration permit without any request for renewal from the permit holder, full ownership of the rights as well as the quarry will be transferred to the state. However, renunciation does not release per - mit holders from the obligations resulting from activities undertaken prior to the effective date of renunciation.
The Environmental Code provides an in-depth description of features such as strategic environ - mental assessments, initial environmental anal- yses and mandatory environmental and social impact assessments. An environmental impact assessment is a pre- condition for any development project that is likely to harm the environment, and mining pro - jects are no exception. Consequently, projects are classified into two categories based on their environmental impact: • high-risk projects require comprehensive environmental and social impact assess - ments; and • moderate-risk projects undergo initial envi - ronmental analyses. The foregoing process emphasises public par - ticipation at all stages, ensuring community involvement and transparency. Approved pro - jects receive renewable environmental compli - ance certificates that are valid for five years, with periodic environmental audits to ensure ongoing compliance. 2.2 Impact of Environmentally Protected Areas on Mining Protected Areas Protected areas in Senegal are areas where exploitations are subject to rules designed to preserve their quality. To ensure a balance between resource extraction and the protection of critical public assets and interests, the Mining
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