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Overcoming biodiversity-protection challenges in Mozambique

Module 4

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Outline

    • Introduction
    • Legislation for the protection, conservation and sustainable use of biodiversity
    • Regulation on EIA procedures
    • Verification form
    • Biodiversity in Mozambique and the challenges of conservation
    • Conclusion

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1. Introduction�

Photo credits: Ton Rulkens

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    • In Mozambique, there has been a gradual evolution of the legal and institutional framework contributing to the conservation and sustainable use of biodiversity.

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2. Legislation for the Protection, Conservation and Sustainable Use of Biodiversity�

Photo credits: Ton Rulkens

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Framework law on the environment

    • Chapter IV: Special Measures for the Protection of the Environment, Protection of Biodiversity. All activities that threaten the conservation, reproduction, quality and quantity of biological resources, especially those threatened with extinction, are prohibited (Article 12).

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Laws on regulation

Regulation of the Law on the Protection, Conservation and Sustainable Use of Biological Diversity, (Decree no. 89/2017, of 29 December)

Regulation on the Protection, Conservation and Sustainable Use of Avifauna (Decree no. 51/2021, of 19 July)

Regulation of Hunter-Guide (Decree No. 52/2021 of 27 July)

Regulation on International Trade in Endangered Species of Wild Fauna and Flora (Decree No 34/2016 of 24 August)

Hunting Regulation (Decree no. 82/2017 of 29 December)

Law on the Protection, Conservation and Sustainable Use of Biological Diversity (Law No. 5/2017, of 11 May)

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3. Regulation on the Environmental Impact Assessment Process Decree no. 54/2015, of 31 December�

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    • Category A+ - Includes projects that require broad social and environmental control.
    • 1. b). Location in areas of high biodiversity value)

Article 4: Categorisation

    • The terms and conditions for the assessment of the need to offset the biodiversity affected shall be governed by specific regulations

Article 8: Paragraph 4

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    • In the process of identification, environmental impact assessment, and design of mitigation measures, the environmental quality standards adopted in Mozambique should be observed in order to ensure an adequate hierarchy of mitigation.

Article 9: Paragraph 2

    • Methodology for the identification and evaluation of impacts on the climate and on biodiversity

Article 10, paragraph 5, point (d)

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Article 11 - Environmental Impact Assessment (EIA)

2. (h) Characterising the reference point for environmental and social baselines, including the qualitative assessment of ecosystem services and the identification of vulnerability to the effects of climate change

l) Identification and evaluation of direct, indirect, residual and cumulative impacts, and their mitigation, enhancement and/or compensation measures

o) Balance Sheet Management Plan, when necessary

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Preparing the Environmental Impact Assessment on Biodiversity

  • Mitigation measures
    • Avoid
    • Minimize
    • Restore
    • Residual impacts
    • Are these acceptable or not?
    • Need for offsets
    • Biodiversity offsets
    • Environmental monitoring
  • Character reference situation (biodiversity)
    • Status
    • Sensitivity
  • Project Description
    • Analysis of alternatives
    • Other projects
  • Project impacts
    • Duration
    • Significance

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Biodiversity offsets directive

    • Establishes the principles, methodologies and procedures for the correct implementation of biodiversity offsets integrated in the EIA process.
    • Biodiversity offsets must be designed to achieve net gain or no net loss whenever significant negative residual impacts of the project in its direct or indirect area of influence occur in:

a) Key biodiversity areas, provided they are not considered fatal issues under the RAIA;

b) Critical habitats according to IFC criteria or High Conservation Value Areas according to the Forest Stewardship Council;

(c) In areas of threatened species or ecosystems.

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4. Verification sheet�

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  • Checklist for the application of guidelines to properly implement the mitigation hierarchy in accordance with EIA legislation.
  • Environmental Licensing Management System Platform in Mozambique, a product of the CONNET Project
  • This checklist guides the environmental authority in verifying information on protection, conservation and sustainable use of biodiversity is included in the OER.

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5. Biodiversity in Mozambique and the challenges of conservation�

Photo credits: Ton Rulkens

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Conservation Areas

    • 26% of the national territory of protected areas (national parks, national reserves, environmental protection areas, preserves, wild farms and forest reserves)

    • Under public management of ANAC, delegated and co-managed with conservation partners

    • BIOFUND supports more than 60% of these CAs through its various programs and projects.

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Key biodiversity areas

    • The 29 KBAs were mapped in Mozambique, with 180 species, mostly consisting of plant species (57%)

    • The 29 KBAs identified will guide the preparation of development and land use plans (land and marine) at the national level and red lists of species and ecosystems

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The challenge of biodiversity conservation

    • Biodiversity is constantly under great pressures and threats
    • One of the main threats of biodiversity are humans, as they use natural resources
    • Mozambican is home to about 30 million people
    • About 58% people living below the poverty line
    • About 70% depend directly on ecosystem goods and services

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How to reconcile development with conservation?

    • Avoid, as far as possible, negatively impacting biodiversity
    • Minimize impacts that cannot be avoided
    • Restore after unavoidable impacts have occurred
    • Offset any residual impacts

Follow the 'Mitigation Hierarchy' and plan for 'No Net Loss' or 'Net Gain'

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Residual impacts, where to counterbalance?

    • In the 29 KBAs identified and mapped;

    • In the extension of existing conservation areas;

    • In the creation of new conservation areas (marine and terrestrial);

    • In the areas of wetlands of international importance; and so on.

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6. Conclusion�

Photo credits: Ton Rulkens

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The legal framework of biodiversity

    • Supports the EIA process

    • It was recently developed and is robust

    • Provides better control the sustainable use of biodiversity

    • Contributes to the protection, conservation and use of biodiversity

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Thank you

UNEP-Norway Partnership

United Nations Avenue, Gigiri

PO Box 30552 – 00100 GPO Nairobi, Kenya

www.unep.org