08/02/2024

Angola: Mining and Oil & Gas Activities in Protected Areas

By way of Presidential Decree 51/24, of 6 February 2024, the Angolan government has adopted Regulations on mining and oil and gas activities (“Activities”) in Environmental Protected Areas. Below are the Regulations highlights:

No Activities may take place in Full Natural Reserves (as defined in Law 8/20, of 6 April 2020 and Presidential Decree 50/24, of 2 February 2024).

Activities in Protected Areas (other than Full Natural Reserves) must respect a detailed list of environmental requirements as set out in the Appendix to the Regulations. These include 37 measures, broken down between exploration, production and site abandonment activities, dealing inter alia with the following topics:

  • Seismic activities
  • Sample collection
  • Installation/dismantling of infrastructure
  • Pipeline laying
  • Water use
  • Sand removal
  • Soil contamination
  • Waste disposal
  • Noise
  • Lightning
  • Fencing
  • Vehicle speed limits
  • Protection of wildlife
  • Fauna and flora protection
  • Technical staff
  • Awareness and training
  • Site abandonment and relinquishment

In order to carry out Activities in a Protected Area (other than a Full Natural Reserve), the mineral rights holder, or the National Concessionaire (ANPG) and the respective operator, in case of oil and gas exploration, must obtain a Protected Area Access Declaration from the Ministry of Environment. Provided no legal impediment exists, the Declaration is issued within 8 business days.

The Protected Area Access Declaration is valid for a period of 5 years, renewable for equal periods of time.

The companies carrying our Activities in Protected Areas must observe the following general environmental obligations (in addition to those described above):

  • Install infrastructure and equipment in accordance with the requirements of environmental legislation;
  • Use surface and underground water also in accordance with the requirements of environmental legislation;
  • Provide financial (and other) support to programs for conservation and protection of biodiversity;
  • Protect the wellbeing and cultural heritage of local communities;
  • Implement plans to prevent and fight forest fires;
  • Carry out an environmental audit prior to relinquishing the area;
  • Bear any costs of environmental restoration of the area, including environmental impact studies, environmental licensing and audits.

Companies are subject to the general surveillance of the Ministry of Environment and the Ministry of Natural Resources, Petroleum and Gas, together with the respective Regulatory Agencies;

Companies must submit quarterly reports on mitigating environmental measures adopted to the following entities:

  • Ministry of Environment;
  • Ministry of Natural Resources, Petroleum and Gas;
  • National Institute of Biodiversity and Conservation (Instituto Nacional de Biodiversidade e Conservação);
  • National Agency for Petroleum and Gas (ANPG);
  • National Agency for Mineral Resources (Agência Nacional de Recursos Minerais);
  • Provincial Government of the exploration site.

The fees charged for environmental licensing of Activities carried out in Protected Areas are allocated as follows:

  • 40% for the Treasury;
  • 30% for the National Institute of Biodiversity and Conservation;
  • 20% for the National Environment Fund;
  • 10% for the local communities.

The fines applied for violation of the Regulations are allocated as follows:

  • 40% for the Treasury;
  • 20% for the National Institute of Biodiversity and Conservation;
  • 20% for the National Environment Fund;
  • 10% for the local communities;
  • 5% for the agent who applied the fine;
  • 5% for the person who reported the infraction (if applicable).

Rui Amendoeira, OneLegal Partner.

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