118/119 Biodiversity and Tropical Forest Assessment for Angola

The Land Law contains a number of environment-related articles and clauses:• Article 10 states that all natural resources are state property and that the state’srights over the land are not transmissible.• Article 14(b) establishes that the state can intervene in the management andconcession of the land affected by the present Act. Two important objectives are theprotection of the environment, and economically efficient and sustainable use of theland.• Article 16 affirms that the occupation and use of the land depends on norms andstandards for environmental protection, particularly relating to the protection oflandscape, flora and fauna, the preservation of ecological equilibrium, and the rightof citizens to a healthy and non-polluted environment. It further states that theoccupation and use of the land shall not compromise its regenerative capacity or itsability to produce.• Article 19 presents land classification for administrative purposes and affirms theright of the government to establish marine and terrestrial protected areas.• Clause 70/1(a) recognizes that environmental organizations can play an importantrole in environmental protection.B3i. Law on Geologic and Mining Activities (No. 1/92)From an environmental perspective the Law on Geologic and Mining Activities isimportant, in that it states in Article 13/03 that the competent authority may authorize“suspension of the activity when justified technically, economically, or in case ofsituations that are harmful to the environment.” The law further stipulates that mininglicense/concession holders must protect the environment, including “human health,vegetation, animals, soil, superficial and subterranean water, and other naturalelements.” Unfortunately, this legal provision is largely ignored by diamond concessionholders.B3j. Legal Framework Pertaining to Petroleum Exploration and ExtractionThe Angolan National Oil Company (SONANGOL) is responsible for signingproduction sharing agreements with the oil companies. Government decree mandatesthat these agreements include a clause obligating the holder to “control and combatpollution situations caused by petroleum operations.” Furthermore, Decree No. 39/00requires concession holders to elaborate environmental impact assessments of newinstallations, develop “spill response” and waste management plans, and stipulates thatthe concession holder must either remediate environmental impacts or compensate thestate for damage.B3k. Summary and Conclusions on Legal FrameworkBecause the environment is cross-cutting, a number of different legal instrumentsimpinge on it. A comprehensive treatise is out of scope for this document. Nonetheless,a few conclusions can be derived from this abbreviated analysis:• The Angolan constitution recognizes the importance of the environment to thequality of life.118/119 BIODIVERSITY AND TROPICAL FOREST ASSESSMENT FOR ANGOLA 19