Legal framework The Constitution of the Mozambican Republic defines the right of all citizens to live in a balanced and natural environment and their obligation to protect it (Art. 90). It further states that "The state and local authorities with the cooperation of environmental protection organizations will adopt policies to protect the environment and ensure the rational use of all natural resources." The National Environmental Policy, approved by Resolution No. 5/95, dated 6 December, establishes the basis for all environmental legislation. According to Article 2.1, the main goal of this Policy is to ensure sustainable development in order to maintain an acceptable relationship between socioeconomic development and environmental protection. To reach the aforementioned goal, this Policy must ensure, among other requirements, the management of the country’s natural resources – and the environment in general – in order to preserve its functional and productive capacity for present and future generations. The Environment Law (Law No. 20/97, dated 7 October) defines the legal basis for the sound use and management of the environment as a means to safeguard sustainable development in the country. This Law applies to all activities in the public or private sectors that may directly or indirectly affect the environment. Some relevant principles of environmental management included in the National Environment Policy and Environment Law include: Environmental management should aim at improving the quality of life of citizens and protection of biodiversity and ecosystems; The recognition and appreciation of traditions and knowledge of the local community; The priority given to systems that prevent the degradation of the environment; A comprehensive and integrated perspective of the environment; The importance of public participation; The principle of polluter - payer; The importance of international cooperation. Environmental Assessment According to the Environment Law, the Environmental Impact Assessment (EIA) is an instrument that supports the decision-making process regarding the issuing of environmental licenses. The issuing of an environmental license must precede any other required legal licenses. The environmental impact assessment process is regulated by Decree No. 45/2004, (amended by Decree No. 42/2008 of 4 November), while environmental audit and environmental inspection processes are regulated by Decrees No. 32/2003 and 11/2006 respectively. Regulation of the EIA Process The regulation of the EIA process is applicable to all public and private activities and is the responsibility of the Project Proponent. ISSUE
Category A or B activities) or in the Mitigation Measures for Category C Activities (Annex 4 of the present ESMF). The environmental and social requirements will be included in the Tender Documents of the Projects or Works. Estimated costs of an Environmental Management Plan (EMP) It is estimated that the average cost per municipality of undertaking the environmental actions under an EMP would be 3% of the average cost of the works to be financed by the project. In addition to this cost, the Project Implementation Unit (PIU) will finance activities directly or indirectly related to the implementation of the EMP, such as in technical assistance, capacity building and monitoring activities. Considering that the majority of the municipalities will receive a grant of about US$150,000, the estimated EMP costs per municipality would attain about US$4,500.00. Per municipality, the estimated annual costs of the PIU technical assistance, capacity building and oversight amounts to US$50,000. The table below presents the estimated costs per municipality and in total. Estimated costs (US$) Annual (per municipality) Annual (PIU) Total per municipality (4 years) (PIU/per municipality) General Total (20 municipalities + PIU) 4,000 20,000 16,000 100,000 2,320,000