Minerals Policy Country Profile PORTUGAL

Transcrição

1 Minerals Policy Country Profile PORTUGAL

2 POLICY POLICY 2 POLICY 3 POLICY 4 POLICY 5 POLICY 6 POLICY 7 POLICY 8 POLICY 9 POLICY POLICY POLICY 2 POLICY 3 POLICY 4 POLICY 5 POLICY 6 POLICY 7 POLICY 8 POLICY 9 POLICY Minerals governance Horizontal integration Mechanisms for ministerial coordination Vertical integration Mechanisms for governmental organisation coordination Stakeholder Integration Mechanisms for stakeholder involvement Policy evaluation Mechanisms for evaluation General Legal Framework for the Discovery and Use of Geological Resources National Strategy for Geological Resources Mineral Resources Mineral Deposits Regulation Quarrying Law General Health and Safety at Work in Mines and Quarries Regulation Ordinance on fees for exploration Law on wastes from extractive industries Law on environmental rehabilitation of degraded mining areas Law on prevention and control of pollution law on licences, and the installation, operation, closure and postclosure maintenance of landfills of waste disposal Law on environmental Impact Law on noise Standards Law on water Quality Standards Law on air Quality Standards Law on industrial Licensing Civil Code Commercial Company Law Legal framework of environment Legal framework of spatial planning Law on the management of the territory and planning system Ministerial consultation procedure There are no mechanisms for coordinating different level of government. With regard to the regional implementation of the Mining Code, it is both applied to the Portugal mainland and to the 2 autonomous regions of the Madeira and Azores islands, being DGEG (mainland) and the 2 Regional Autonomous Government (Madeira and Azores) the responsible authorities for implementing it. Public consultation procedure; Regional stakeholder consultation conferences and workshops There is no official procedure for evaluation on specific mining legislation. The changes of the Mining Code finalised in 25 were due to the suggestions of the National Strategy for Mineral Resources.

3 (=relevant; =not relevant) POLICY General Legal Framework for the Discovery and Use of Geological Resources Lei quadro para os recursos geológicos General Legal Framework for the Discovery and Use of Geological Resources Year (and identification number if available) Lei 54/25 The Portuguese Government shall approve all complementary legislation within three months from the entry into force of the New Basis Geological Resources Law, notably the new mineral deposits legal framework. In the meantime, DecreeLaw 88/9, of March 6, remains in force regarding everything which is not incompatible with the new law. uridico.pdf Responsible for the design of the Ministry of the Economy Responsible for the implementation of the Ministry of the Economy Responsible person / maker at the Ministry of the Economy DGEG Standalone (or to which it is EXTRACTION (incl. Permitting) DEEP SEA MINING DATA and knowledge base 2

4 (=relevant; =not relevant) POLICY 2 National Strategy for Geological Resources Mineral Resources Estratégia Nacional para os Recursos Geológicos recursos Minerais National Strategy for Geological Resources Mineral Resources Year (and identification number if available) ENRGRM Council of Ministers Resolution 78/22 The National Strategy for Geological Resources and Mineral Resources (NSGRMR) is a comprehensive strategy for the 2322 period approved by law that establishes a framework for the promotion of the Portuguese mining industry. Its objective is to ensure the uptake of investments for exploration and exploitation of mineral resources balancing economic, social and environmental considerations and to promote the sustained growth of the mining sector. The strategy is structured around four main areas of action supported by a set of more specific measures and actions, some of them already in progress or even completed. (see file:///c:/users/user/downloads/reportcses Raw%2materialsBest%2practicecases2434.pdf) 22/EstrategiaNacionalRecursosGeologicos.pdf StrategyforGeologicalResourcesMineralResourcesResolutionoftheCouncilofMinistersNo7822.pdf Responsible for the design of the Ministry of the Economy Responsible for the implementation of the DGEG Responsible person / maker at the Ministry of the Economy DGEG Policy Strategy Standalone (or to which it is Yes EXTRACTION (incl. Permitting) DEEP SEA MINING DATA and knowledge base 3

5 (=relevant; =not relevant) Mineral Deposits Regulation Legislação depósitos minerais Mineral Deposits Regulation Year (and identification number if available) Decretolei 88/9 Responsible for the design of the Ministry of the Economy POLICY 3 Responsible for the implementation of the Ministry of Industry and Energy Responsible person / maker at the Ministry of the Economy DGEG Standalone (or to which it is EXTRACTION (incl. Permitting) DEEP SEA MINING DATA and knowledge base 4

6 (=relevant; =not relevant) Quarrying Law Legislação de pedreiras Quarrying Law POLICY 4 Year (and identification number if available) Decretolei 27/2 and Decretolei 34/27 Responsible for the design of the Ministry of the Economy Responsible for the implementation of the Ministry of Industry and Energy Responsible person / maker at the Ministry of the Economy DGEG Standalone (or to which it is EXTRACTION (incl. Permitting) DEEP SEA MINING DATA and knowledge base 5

7 (=relevant; =not relevant) Year (and identification number if available) Decretolei 62/9 Responsible for the design of the POLICY 5 General Health and Safety at Work in Mines and Quarries Regulation Regulamento de Sáude e Segurança nas Minas e Pedreiras General Health and Safety at Work in Mines and Quarries Regulation Regulates Health and Safety at Work in Mines and Quarries Ministry of the Economy Responsible for the implementation of the Ministry of Industry and Energy Responsible person / maker at the Ministry of the Economy DGEG Standalone (or to which it is EXTRACTION (incl. Permitting) DEEP SEA MINING DATA and knowledge base 6

8 (=relevant; =not relevant) Year (and identification number if available) Responsible for the design of the Ordinance on fees for exploration Taxas para a prospeção e pesquisa Ordinance on fees for exploration POLICY 6 Ordinance 83/28 (quarries) Ordinance 598/9 (mines) establishes the fees payable with regard to the conduct of exploration for and operation of geological resources Ministry of the Economy Responsible for the implementation of the Ministry of Industry and Energy Responsible person / maker at the Ministry of the Economy DGEG Standalone (or to which it is EXTRACTION (incl. Permitting) DEEP SEA MINING DATA and knowledge base 7

9 (=relevant; =not relevant) POLICY 7 Law on wastes from extractive industries Resíduos de indústria extrativa Law on wastes from extractive industries Year (and identification number if available) DecretoLei n.º /2 Responsible for the design of the Governs waste from extractive industries Ministry of the Economy Responsible for the implementation of the Ministry of Industry and Energy Responsible person / maker at the Ministry of the Economy DGEG Standalone (or to which it is EXTRACTION (incl. Permitting) DEEP SEA MINING DATA and knowledge base 8

10 (=relevant; =not relevant) POLICY 8 Law on environmental rehabilitation of degraded mining areas Reabilitação ambiental de áreas mineiras degradadas Law on environmental rehabilitation of degraded mining areas Year (and identification number if available) Decretolei 98A/2 and RCM 8/25 Responsible for the design of the establishes the legal framework governing the environmental rehabilitation of degraded mining areas Ministry of Environment Responsible for the implementation of the Ministry of Environment Responsible person / maker at the Ministry of the Economy DGEG Standalone (or to which it is EXTRACTION (incl. Permitting) DEEP SEA MINING DATA and knowledge base 9

11 (=relevant; =not relevant) Year (and identification number if available) Decretolei 94/2 Responsible for the design of the POLICY 9 Law on prevention and control of pollution A Prevenção e Controlo Integrados da Poluição (PCIP) Law on prevention and control of pollution transposes Council Directive 96/6/EC, of 24 September, regarding the prevention and control of pollution, into Portuguese law; Ministry of Environment Responsible for the implementation of the Ministry of Environment Responsible person / maker at the Ministry of Environment Standalone (or to which it is EXTRACTION (incl. Permitting) DEEP SEA MINING DATA and knowledge base

12 (=relevant; =not relevant) POLICY law on licences, and the installation, operation, closure and postclosure maintenance of landfills of waste disposal Licenciamento, construção, exploração encerramento e pósencerramento de aterros law on licences, and the installation, operation, closure and postclosure maintenance of landfills of waste disposal Year (and identification number if available) Decretolei 83/29 Responsible for the design of the Responsible for the implementation of the establishes the legal framework governing the issue of licences, and the installation, operation, closure and postclosure maintenance of landfills of waste disposal, and which transposes Council Directive 999/3/EC, of 26 April, regarding the deposit of waste in landfills, into Portuguese law Ministry of Environment Ministry of Environment Responsible person / maker at the ministerial Ministry of Environment Ministry of Economy level Standalone (or to which it is EXTRACTION (incl. Permitting) DEEP SEA MINING DATA and knowledge base

13 (=relevant; =not relevant) POLICY POLICY 2 POLICY 3 Law on environmental Impact Law on noise Standards Law on water Quality Standards Avaliação de impacte ambiental Rúido ambiente Qualidade da água Law on environmental Impact Law on noise Standards Law on water Quality Standards Year (and identification number if available) Decretolei 5B/23, Decretolei 47/24, Decretolei 79/25, DecretoLei 9/27 and Lei 58/25 and Decretolei Portaria 395/25 DecretoLei 278/27 236/98 Environmental Impact assessment General Noise regulation Water act framework for sustainable water management Responsible for the design of the Ministry of Environment Ministry of Environment Ministry of Environment Responsible for the implementation of the Responsible person / maker at the Agência Portuguesa do Ambiente Agência Portuguesa do Ambiente Agência Portuguesa do Ambiente Standalone (or to which it is EXTRACTION (incl. Permitting) management (incl. Permitting) DEEP SEA MINING DATA and knowledge base 2

14 (=relevant; =not relevant) POLICY 4 POLICY 5 POLICY 6 Law on air Quality Standards Law on industrial Licensing Civil Code Qualidade do ar SIR Sistema da Indústria responsável Código Civil Law on air Quality Standards Law on industrial Licensing Civil Code Year (and identification number if available) DecretoLei 276/99 and DecretoLei 78/24 Decretolei 69/22, Decretolei 73/25 and Ordinance 278/25 Framework of prevention and control of Framework for the Industry Responsible System. pollutents into the atmosphere (document name providing information on the Responsible for the design of the Ministry of Environment Ministry of Economy Responsible for the implementation of the Responsible person / maker at the Agência Portuguesa do Ambiente IAPMEI Standalone (or to which it is EXTRACTION (incl. Permitting) DEEP SEA MINING DATA and knowledge base 3

15 (=relevant; =not relevant) POLICY 7 POLICY 8 POLICY 9 POLICY Commercial Company Law Legal framework of environment Legal framework of spatial planning Law on the management of the territory and planning system Lei de bases do Lei quadro do ordenamento do Regime jurídico de Ordenamento do território ambiente Território Commercial Legal framework of Legal framework of spatial Law on the management of the territory and Company Law environment planning planning system Year (and identification number if available) Lei 9/24 Lei 3/24 and DecretoLei DecretoLei 5/25 8/25 Environmental Act Act of on soils, land use planning and urban planning. Framework establishes the criteria for calssification and reclassification of the soil and the qualification criteria and cathegories of rustic land and urban land due to the dominant use, applicable to the entire national territory. Responsible for the design of the Responsible for the implementation of the Ministry of Ministry of Environment Ministry of Environment Environment Agência Portuguesa Agência Portuguesa do Ambiente Agência Portuguesa do Ambiente and Direção Responsible person / maker at the do Ambiente and and Direção Geral do território Geral do território Direção Geral do território Standalone (or to which it is subordinate or ancillary) EXTRACTION (incl. Permitting) PROCESSING (incl. Permitting) management (incl. Permitting) DEEP SEA MINING DATA and knowledge base 4

16 Horizontal integration Mechanisms for ministerial coordination Ministerial consultation procedure MECHANISM. Status ongoing.2 Number of ministries involved all ministries.3 Ministries involved.4 Practical implications of the process.4. Purpose and objective of the mechanism Ministerial consultation procedure.4.2 Representatives participating public administrator experts The purpose of the ministerial consultation procedure is to check whether the draft has an impact on other legal instruments and receive the contributions from other ministries due to some specific issues..4.3 Regularity of meetings ondemand The Ministry of Economy has headed the revision/drafting process of a (ie. the Mining Code(Law nº54/25) with the support of DireçãoGeral de Energia e Geologia (DGEG public administrators in that sense DGEG is the Portuguese Mining Authority acting as a consultative body within the Ministry of Economy as regards mining. The Procedure for the framework Mining Code is: )The first draft is sent for written feedback to all other ministries. 2)In second step experts and public administrators (secretary of state, legal experts) in the Ministry of Economy decide on the inclusion of the received feedback and draft a final text. In case there exists a crucial link or crosscutting issues found in other legislation, it might need several feedback loops with other ministries. The final documents needs to be approved by the Council of Ministers (including all ministers) and then they are send to the parliament for approval and launching of the Law. Now the Government is working on the procedural conduct that will regulate the Mining Code,i.e. the legislative regulations for the mineral deposits (mines), and for the hydrogeological and geothermal resources. For the masses deposits (quarries) it has already been published before. These regulations are approved by the Government, and the Ministry.4.4 Process description of Economy also consults all other ministries. The ministerial consultation procedures proved to be an effective to tool to exante find out whether the draft (ie.. Mining Code) has an impact on other legislation (ie. does.4.5 Effectiveness and Outcomes not conflict with other legal instruments) Vertical integration Mechanisms for governmental organisation coordination There are no mechanisms for coordinating different level of government. With regard to the regional implementation of the Mining Code, it is both applied to the Portugal mainland and to the 2 autonomous regions of the Madeira and Azores islands, being DGEG (mainland) and the 2 Regional Autonomous Government (Madeira and Azores) the responsible authorities for implementing it. 5

17 Stakeholder Integration Mechanisms for stakeholder involvement Public consultation procedure; Regional stakeholder consultation conferences and workshops MECHANISM 3. Status ongoing Public consultation procedure 3.2 Number of stakeholders involved open to anyone 3.3 Type of stakeholders involved 3.4 Detailed description and practical implications 3.4. Purpose and objective of the mechanism Representatives participating open to anyone The aim of the public consultation procedure is to ensure that the opinions of stakeholders are taken into account. The results of the consultation may be taken up by the Ministry of Economy Regularity of meetings ondemand Stakeholders provide feedback on the draft text, which may be taken up by the Ministry of Economy and DGEG in the revision Process description process of the respective Effectiveness and Outcomes MECHANISM 2 3. Status nonactive Regional stakeholder consultation conferences and workshops 3.2 Number of stakeholders involved open to anyone Environmental NGOs, land use planning regulators, individual 3.3 Type of stakeholders involved industry and associations 3.4 Detailed description and practical implications 3.4. Purpose and objective of the mechanism Representatives participating open to anyone The purpose of these conferences and workshops to go beyond legal compliance for stakeholder involvement and to explain the meaning of the legislation to stakeholders, i.e. exante (before legislation becomes active) clarify stakeholder concerns Regularity of meetings ondemand When a new legislation has been finalized, DGEG organises workshops and conferences in different regions which offered Q&A sessions on the legislation for interested stakeholders. The ministry organized these meetings in different cities all over the country in order to ensure the participation of relevant stakeholders and regions with different circumstances affected by mining activities, which could otherwise not attend Process description faraway meetings Effectiveness and Outcomes Policy evaluation Mechanisms for evaluation There is no official procedure for evaluation on specific mining legislation. The changes of the Mining Code finalised in 25 were due to the suggestions of the National Strategy for Mineral Resources. 6