Mozambique

This Chapter shows how the regulatory framework governing the mineral rights and licensing process of Mozambique is influenced by the institutional framework under which it operates. Although the ownership of mineral resources is vested in the State, the development and exploitation of the mineral reserves are assured mainly by private investors. Throughout the Chapter, it is shown how the role of the State changes towards the exercise of mining activities, following the changes, which occurred in economic policy, from direct intervention to greater private participation in mining. This was in line with State-led policies, as well as with the level of intervention in the economic sectors, at a given time. To that effect, a quick assessment is made of the constitutional provisions regarding the role of the State in the economy. The Chapter also discusses attempts to align the mining legislation with other legal norms; namely, the land legislation and the legislation aiming at protecting the environment. It also shows that no matter the role played by the State in the economy, there will always be need for the overseeing of mining activities in order to cater to public interest, namely, balancing development needs and that of protecting the environment.