Environmental Assessment
Volume A-6
Introduction
Consultation
6.2
REGULATORY REQUIREMENTS
The public consultation and information disclosure activities undertaken to date
are in compliance with relevant national legislation as well as with international
policies and best practice guidelines as described in International Finance
Corporation (IFC) documentation. Additional information on regulatory
requirements for the EA is provided in Volume A, Section 5.
6.2.1
Government of Madagascar
The national environmental 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. The laws and
precedents relevant to public consultation and information disclosure regarding a
project such as this include:
•
Decret No 99-954 relatif a la mise en compatibilité des investissements
avec l’environnement:
This Decree accords to the National Office for
the Environment (ONE) the responsibility to produce the EA terms of
reference, taking into account the views of government, any interested
parties and the project proponent.
•
A project-specific Technical Evaluation Committee (CTE) is appointed
to review the EA. In addition to the technical review by the CTE, the
review process includes public consultation as the EA is being
conducted. ONE and the CTE have the responsibility to determine what
means will be used to consult the public, including after final EA
submission.
•
Loi No 2001-031 établissant Régime Spécial pour les Grands
Investissements dans le Secteur Minier Malagasy:
This provides for
agreement between a project proponent and ONE on the conduct of an
EA. Expectations are that projects the size of the Ambatovy Project
require extensive public consultation.
•
Le Project Ilmenite Etude d’Impact Social et Environmental (QMM):
QMM’s consultations for their project were largely consistent with
international best practice, and represent the single precedent of an
approved EA in Madagascar for a project similar in scope to that of the
project. QMM engaged in extensive consultation with implicated
government agencies, civil society and potentially affected populations
at all levels from the national to the local level in order to finalize EA
terms of reference and subsequently to develop mitigation for potential
social and environmental impacts.
Ambatovy Project
21
January 2006
