TIMOR-LESTE Law and Practice Contributed by: João Afonso Fialho, Tomás Cabral Anunciação and Teófilo de Jesus, VdA
ities if and when justified by national interest, national security, the well-being of the nearby community, environmental, cultural or religious issues, or when such mining activities are incom - patible with activities projected or being carried out in the target area. The creation of an excluded area must be declared by the Council of Ministers, under a proposal by the Ministry of Petroleum and Min - eral Resources. The Mining Code also establishes the following as protected: • areas reserved for graveyards; • areas where relevant archaeological and cul - tural heritage has been found; • areas where national monuments are located; • areas containing religious sites; • areas within 250 m of a dam or reservoir; • areas within 100 m of state buildings; • areas used for national defence or occupied by national defence entities, including the 100 m surrounding area; • areas within 100 m of an airport; • areas reserved for railway, aqueduct, oil or gas pipeline, or construction projects; • areas reserved for tree plantations or forestry projects; • areas in or within 250 m of villages, towns, municipalities or cities; • streets, roads, bridges and other public infra - structure, including a 100 m surrounding zone on each side; and • national parks. In this case, if the economic value or other benefits associated with the mineral activities clearly surpass the value and importance of the archaeological and cultural heritage, national monuments or religious sites, or any other legally
imposed off-limits areas, the development of mineral activities in such area may be approved by the Council of Ministers, if proposed by the Ministry of Petroleum and Mineral Resources, subject to consultation with the relevant munici - pal entities and government bodies. 2.3 Impact of Community Relations on Mining Projects Holders of mineral rights are required to recog - nise and respect the rights, customs and tra - ditions of local communities, and promote and contribute to the development of the host and neighbouring communities of the concession area. The Mining Code further establishes that dur - ing the planning and development of mining activities, the holders of mining rights and any third parties responsible for conducting mining activities must put in place adequate measures to consult local communities and accommodate their legitimate concerns. For that purpose, the holders of mineral rights must appoint a Community Relations Officer, who must be a Timorese national, fluent in one of the official languages (Tetum or Portuguese). This officer will be responsible for co-ordination with the local communities, particularly with the local community leaders. During the planning of any exploration and evaluation, and mining and processing activities, the Community Relations Officer and the representative of the state will consult with the local community leadership to discuss all relevant aspects of the performance of mineral activities in the concession area that may impact the local community, including but not limited to the following: • creation of jobs and training for Timorese nationals and local residents;
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