Mining and environmental law: lessons to be learnt from practices of environmental protection laws in Australia and Mozambique

Mining is one of the central activities and a key contributor to the national economy and employment of Australia. Moreover, significant developments in the area of Coal Seam Gas are occurring, being that this industry is regarded as an exceptional opportunity for employment, with 18,000 jobs projected to be created by the sector. Mozambique, as well, has significant deposits of coal and other minerals,' considered one of the biggest reserves in the world, calculated at more than twenty three billion tons of coal. In Mozambique though, exploitation of these resources has started recently. Notwithstanding the economic significance of the sector, mining has large negative impacts on the environment, and may be one of the main environmental concerns when it comes to greenhouse gas emissions and climate change. It is therefore vital, that mining is conducted within a legal system that adopts the best environmental practices available. This research identifies similarities and differences in legislation on environmental protection regarding coal mining and Coal Seam Gas projects in Australia and Mozambique. More particularly, the paper provides a comparison of the essential aspects of the legal environmental, discussing key legislation and the main environmental impacts from activities. An analysis of the mining closure legal framework is provided, with discussion of possible policy reform for Mozambique. Important lessons are delivered in relation to public participation on EIA processes, stakeholders' participation and relocation proces