TIMOR-LESTE Law and Practice Contributed by: João Afonso Fialho, Tomás Cabral Anunciação and Teófilo de Jesus, VdA
3.2 Climate Change Legislation and Proposals Related to Mining No climate change legislation relating to the min - ing sector has been passed or is currently being discussed in Timor-Leste. It is nevertheless worth noting that Timor-Leste is a party to the Paris Agreement, and also approved, in 2011, the National Adaptation Programme of Action on climate change, which considers the environmental sector to be an essential and indispensable vector in the coun - try’s sustainable development strategy and in the promotion of the quality of life of Timorese citizens. More recently, the Timorese government issued Government Resolution 8/2022, of 1 March, which approved the National Climate Change Policy, aimed at strengthening co-operation between the relevant ministries and avoiding the duplication of measures and the implementation of outdated policies. The guiding principles of the policy, addressing the complex challenges created by climate change through mitigation and adaptation to its effects, and compensation of losses and damages, are the following: • equity and social inclusion; • inclusion of climate change in sectorial plans and policies; • informed and active participation; • commitment to sustainable development; • long-term capacity building; and • science and technology-based policy and action. In compliance with Timor-Leste’s commitments under the Kyoto Protocol, the government has also created the Designated National Authority for the Fight Against Climate Change, with the mission to approve the participation of public
which usually enclose guidelines and principles on environment protection/preservation, human resources and business ethics. 2.8 Illegal Mining Illegal mining does not constitute a significant disruptive issue in Timor-Leste mineral pro - duction. Notwithstanding this, pursuant to the Mining Code, illegally extracted minerals are the property of the Timorese State, and carry - ing out mining activities without a valid mining right is considered a very serious administrative offence, subject to financial penalties and ancil - lary sanctions, such as the confiscation of the minerals resulting from the illegal practice. 2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects There are no relevant examples to cite. However, the following is worthy of note – the efforts of the National Authority of Mineral Resources to ensure that the development of mineral activities in the country does not disturb or negatively affect the rights of local communi - ties, and to ensure that these mineral activities ultimately contribute to the sustainable develop - ment of the Timorese people.
3. Climate Change, Energy Transition and Sustainable Development in Mining 3.1 Climate Change Effects
Climate change is on the agenda of the Timorese government but has not yet (directly) impacted the mining industry.
498 CHAMBERS.COM
Powered by FlippingBook