Environmental Assessment
Volume A-5
Introduction
Regulatory Framework
5
REGULATORY FRAMEWORK
5.1
ENVIRONMENTAL LEGISLATION
The national legislation of Madagascar is the legal framework that protects both
individual and societal environmental and social rights in the course of
infrastructure development and other economic activities. Key relevant
legislation is listed in Appendix 4 of Volume H and summarized in this section.
The development of the Ambatovy Project (the project) cannot be carried out
without a prior environmental assessment (EA) as described in Madagascar’s
Environmental Charter of 1990 (Amended Act 90-033). An environmental
authorization is granted by the Minister of the Environment. Decree No. 99-954 of
December 1999 relating to the compatibility of investments with the environment
specifies that a mining operation such as this project be subjected to:
•
an environmental impact study;
•
obtaining an environmental authorization following a favourable
assessment of the impact study; and
•
the delivery of an environmental management plan (EMP) of the project
that includes the environmental effects of the project and a program of
implementation and follow-up measures considered by the EA to stop,
reduce and/or compensate effects to the environment.
In Madagascar, the process of the EA is managed by the National Office for the
Environment (ONE). ONE approves the EA Terms of Reference (ToR) and
manages both the technical review and the public consultation processes that are
required to approve the EA. A technical evaluation committee (CTE) is appointed
to review the technical issues of the EA (Order No. 4743/97MINENV). Decree
No. 95-377 provides general guidelines for EA preparation, while Act No. 95-016
provides mining-specific guidelines for EA preparation.
As noted in the consultation section (Volume A, Section 6), the draft ToR for the
project was subject to public consultation in early 2004, was edited after that
consultation, and the final ToR was issued by ONE in July 2004. The ToR is
provided in Volume H, Appendix 1. At the same time ONE confirmed the
composition and role of the CTE for the project. Through the inclusion of a
diverse membership, the composition of the CTE has allowed for different
members to especially facilitate review and discussions in major environmental
and social themes.
The CTE has the responsibility to determine what means will be used to consult
with the public. Interministerial order No. 6830/2001 of June 28, 2001 describes
Ambatovy Project
14
January 2006
