Environmental Assessment
Volume A-5
Introduction
Regulatory Framework
voluntary re-forestation. Re-vegetation, including re-forestation, of the mine is
discussed in Volume B, Section 6.
The definition and delimitation of sensitive areas is covered under Interministerial
Order No. 4355/97. Sensitivity can be related to various physical, biological and
cultural factors. Such considerations have been used throughout this EA. In terms
of marine topics, Act No. 99-028, consolidated the Maritime Code and includes
aims to reduce and manage pollution at sea. Relevant legislation also includes
Madagascar’s commitments to various international treaties, including Act No. 95-
013, which ratified the adoption of the International Convention on Biological
Diversity. Special attention has been paid to mitigation with respect to biodiversity,
as detailed in biodiversity sections in Volumes B to G.
Much additional Malagasy legislation is relevant to mine development and
permitting, both before, but especially after, an EA is approved. Act No. 99-022
of August 1999, referred to as the Mining Code, specifies that mining exploration
requires a permit type “R”. This permit allows the right to explore and prospect
an ore deposit for a period of 10 years, renewable for an additional period of 5
years (Art. 37). The completion of the EA is one main requirement before the
permit can be transformed into an exploitation permit for production. A revision
to the mining code has recently been enacted, Law 2005-021 of October, 2005.
Act No. 2001-031, the Large Mining Investment Act (LGIM), establishes special
rules for large investments in the Madagascar mining sector and applies to
holders of mining permits that satisfy criteria specified in Art. 157 of the Mining
Code. Proponents can benefit from certain investment incentives, once a project
is certified under the LGIM. Certification of a project under LGIM requires
completion of environmental studies, issuance of mining or exploration permits,
and certification by the Malagasy government of the investment plan, which must
exceed 1 trillion Malagasy Francs. The LGIM also guarantees that permit
conditions, including environmental permits, will not be changed once granted. A
revision to the LGIM has recently been enacted, Law 2005-022 of October, 2005.
In addition to these acts and decrees, the construction, operation, and closure of
the project will result in many types of works and activities. Prior to proceeding,
different authorizations, permits, licenses and agreements will have to be
obtained. A new decree gives power to the ONE only to deliver the environmental
permit. Decree No 2000-170 defines the environmental authorizations that the
project must obtain before beginning construction. For large projects of this
nature, authorizations or agreements are managed by many jurisdictions at
national, regional and local levels. The Ministries of Environment, Water and
Forests, Energy and Mines, Transport and Public Works, Economy and Finance,
and the Prime Minister’s Office are those most heavily implicated in project
permitting.
Ambatovy Project
16
January 2006
