The regularization of land occupations is the process of acquiring the right to use and benefit the land by occupants in good faith and by customary norms and practices.
Regularization of Land Occupations
The process comprises the identification of the areas covered, contracting service providers, communication, awareness and dissemination of land legislation through public meeting campaigns, field data collection, Data insertion in SiGIT, quality control verification, generation edicts, generation of PDFs of titles, printing of titles and delivering them to beneficiaries.
For the observance of the RDUAT process, the legal instruments are Law nº 19/97 of October 1st, Decree nº 66/98 of December 8th, Technical Annex – Ministerial Diploma nº 29-A/2000 of March 17th and the DELCOM-RDUAT Methodology.
Consulting Companies or Consultants Consortium:
National, legal and local people, men and women, as well as local communities, nationals who possess joint ownership (Article 10) Land Law may be subject to the right to use and benefit from land.
Foreign natural and legal individuals may also have the Right to Use and Enjoy the Land, provided they have a duly approved investment project and comply with the following conditions:
- a) Being a legal person provided they have resided for at least 5 years in the Republic of Mozambique;
- b) Being legal persons as long as they are incorporated or registered in the Republic of Mozambique (Article 11 of the Land Law).
Registration of IOT Consultants
Ministerial Diploma No. 63/2016 of 26 September establishes the mandatory registration of Consultants for the preparation of territorial planning instruments.
Article 89(8) of the RLOT sets out the procedures for registration. The registration of individual consultants or society is done through an application addressed to the Minister who oversees the activity of spatial planning.
Individual consultants, medium and senior technicians trained in one of the following areas can apply: Physical Planning, Geography, Architecture, Ecology and other related areas of specialization.
Candidates for individual consultancy must have 5 years of proven experience in the activity of drawing up territorial planning instruments.
Territorial Planning Technician
- Application addressed to the Minister who oversees the activity of spatial planning;
- National Tax identification number (NUIT) of the natural person;
- Certificate of qualifications or technical qualifications;
- Curriculum vitae;
- Personal Identification Document.
Individual Consultants
- Application addressed to the Minister who oversees the activity of Spatial Planning;
- National tax identification number (NUIT) for individuals;
- Certificate of qualifications or technical qualifications;
- Curriculum Vitae;
- Personal Identification Document;
- Riding certificate.
Consulting Companies or Consultants Consortium
- Application addressed to the Minister who oversees the activity of spatial planning;
- Presentation of the Permit (according to the activity you carry out);
- Presentation of the national tax identification number (NUIT) of the national or legal entity (legal company);
- Presentation of the deed of incorporation of the company (only for companies);
- Presentation of the company’s commercial registration certificate;
- Presentation of the map of the permanent technical staff;
- Presentation of the consultants’ work contracts;
- Presentation of the list of equipment (updated);
- Presentation of the list of activities carried out in terms of territorial planning;
- Certificates of academic or technical qualifications and CVs of Members of the society or consortium of societies;
- Proof of professional insurance;
- Company representative personal identification (name, age, nationality, place of birth, identification document number (ID, passport;
- Presentation of the list of equipment (updated);
- Presentation of the list of activities carried out in terms of territorial planning;
- Certificates of academic or technical qualifications and CVs of Members of the society or consortium of societies;
- Proof of professional insurance;
- Personal identification representing the company (name, age, nationality, place of birth, identification document number (ID, passport).
- Registration of territorial planning technicians – 1,000.00 meticais;
- Registration of individual consultants – 10,000.00 meticais;
- Registration of consulting companies – 30,000.00 meticais.
Forestry Licensing
Forest licensing is a process that takes place every year and involves, in addition to those interested, many entities, especially the Government, SPFFB, Districts, leaders and local communities.
For the granting of the forest exploitation license, the operator, among several prerequisites, must:
- not having interrupted activity for more than 2 consecutive years;
- have the fines regularized;
- have an approved and updated management plan;
- have technical capacity for slaughter, hauling, transport and processing and;
- comply with the tax obligations, INE, INSS and social commitments assumed with the local communities. To fulfil these prerequisites, actors in the process must be organized, articulated, efficient and use ICT throughout this process
Forest exploration in the country is carried out under three (3) regimes:
1. EXPLORATION FOR OWN CONSUMPTION
This scheme is aimed at local communities that, at any time of the year, can extract the forest resources necessary for their consumption, exempt from payment of a forest exploitation fee.
Requirements
Application accompanied by proof of national citizenship identification or constitutive statutes published in the Boletim da República and valid commercial registration.
2. SIMPLE LICENSE
It is subject to limited quantities and terms and is carried out exclusively by national operators and by local communities in productive forests and in areas of multiple use, for commercial, industrial and energy purposes, in compliance with the previously approved management plan.
Requirements
The application for a Simple License is approved by the Secretary of State upon presentation of:
Application accompanied by proof of national citizenship identification or constitutive statutes published in the Boletim da República and valid commercial registration;
- Topographic map at a scale of 1:250,000, containing cartographic elements;
- Descriptive memory of the area;
- Community consultation minutes with the opinion of the District Administrator;
- Declaration by the applicant of not having made another application for a simple license, throughout the national territory, within the required period;
- Proof of technical capacity for the implementation of the management plan and means of felling, hauling and transporting forest products, through employment contracts signed with technicians and registration titles of ownership of the respective means
3. FORESTRY CONCESSIONS
It is a delimited area in the public domain, granted to any natural or legal person, national or foreign, through a concession contract valid for 50 renewable years, intended for forestry exploitation to supply the industry, through a previously approved management plan
Requirements
Depending on the Forest Concession area, it may be approved by::
- Secretary of State, in areas up to the maximum limit of 20,000 hectares;
- Minister who oversees the area of forests, in areas between 000 and 100,000 hectares;
- Council of Ministers, in areas greater than 100,000 hectares.
Process
The stages of the process to obtain the forest concession include:
- Submission of a concession request in the Provincial Environmental Services (SPA), consisting of: Completed form; Topographic map; Descriptive memory of the area; Wood processing industry project; Third party rights;
- Proof of local acceptance of the project; use of waste;
- Preliminary analysis of the application by the following institutions: DINAF; Provincial Environment Service; Central Geography and Registration Services; Ministry that oversees the Environment area; Provincial Geography and Registration Services;
- Detailed analysis of the data presented and recognition of the desired area, in order to assess:
- Preliminary order assigned by the Secretary of State with the opinion of the SPA and addressed to the entity that has legal competence to allocate the desired area;
- Communication of the order to the applicant and adherence to the operating conditions;
- Presentation of the Forest Management Plan – After provisional authorization, the applicant has 180 days to submit the management plan and the detailed forest inventory, on which definitive approval depends.
- Signing of the concession contract and Publication in the Boletim da República (BR).
- Licensing for forestry exploitation.
To obtain the licenses, the following fees are payable:
- Precious: 3000 meticais
- 1st class: 1500 meticais
- 2nd class: 1000 meticais
- 3rd class: 500 meticais
- 4th class: 300 meticais
- Wood fuel: 60 meticais/ester
- Non-forest products: 200 meticais/ton.
Environmental Licensing
The Environmental Licensing Process starts at the Provincial Environment Service, where the project will be implemented, or at the National Directorate for the Environment, when the project covers more than one province, with the submission by the activity proponent of the Process Instruction in accordance with Article 7 of the Regulation on the Environmental Impact Assessment Process, approved by Decree 54/2015, of 31 December.
Categories
- Category A+: Conduct an Environmental Impact Study (EIA) and supervision by independent expert reviewers.
- Category A: Conduct an Environmental Impact Study (EIA).
- Category B: Carry out a Simplified Environmental Study (EAS).
- Category C: Procedures for Good Environmental Management Practices prepared In order to safeguard the environment and human health, all public or private activities that may directly or indirectly influence environmental components are subject to the Environmental Licensing Process.
Provisional Environmental License
- Issued after EPDA approval and ToR proposal for EIA.
- Valid for 2 non-renewable years.
- It serves to mobilize investment.
Installation Environmental License
- Resettlement Plan – PR (if there is a need for resettlement).
- Valid for 2 years, renewable upon justification.
Environmental Operating License
- Issued after verification of compliance with the REIA, the project built and implementation of the PR.
- Valid for 5 years renewable.
The submission of the process instruction requires payment of a fee of 1.000.00 meticais and 10.000.00 meticais for Hydrocarbon projects.
Category | Document Type | Deadlines for submission to the MTA | Deadlines for Communication of Decisions |
A+ | EPDA & TdR after IP approval of REIA after EPDA & TdR approval | up to 270 days up to 360 days | 45 working days Up to 60 business days |
A | REIA after EPDA & TdR approval | up to 270 days | 45 working days |
B | REAS after approval of ToRs | Up to 180 business days | 30 business days |
A+, A e B | Environmental Management Plan | up to 90 days after your request | 30 business days |
Category | Requirements |
A+ | Updated EMP and/or Biodiversity Offset Management Plan; Recent External Environmental Audit Reports; Report on basic changes to the activity; and Site visit at Bidder’s expense. |
A e B | Updated Environmental Management Plan; Recent External Environmental Audit Reports; Report on basic changes to the activity; and Site visit at Bidder’s expense. |
C | Environmental Performance Report under the conditions provided for in the environmental licensing of the activity; Recent External Environmental Audit Report; Report on basic changes to the activity; and Site visit at Bidder’s expense. |
Wildlife Licensing
Hunting License
It is a document that enables the hunter to practice sport hunting in a certain area (official coutada, hunting blocks of the Niassa Reserve, wild farm and community programs Tchuma Tchatu and Chipanji Chetu), at a certain hunting season.
Upon presentation of a letter from the coutada concession company, hunting block, community program or wild farms, where the tourist is going to hunt, addressed to the competent entity. The letter must contain information regarding the period and duration of the hunting safari, origin of the tourist, probable date of arrival and departure, species and number of animals to be hunted.
- Be over 18 years old.
- Have a license to use and carry a weapon.
- Have a kill quota in the hunting area.
- 2 passport photography.
- Photocopy of ID card for nationals or photocopy of passport for foreigners.
- Letter from the concessionaire company of the coutada, hunting block, community program or wild farms, where the tourist is going to hunt, addressed to the competent entity. The letter must contain information regarding the period and duration of the hunting safari, origin of the tourist, probable date of arrival and departure, species and number of animals to be hunted.
- Present the receipt for the deposit of the license amount and additional passwords to be acquired upon entry.
- National Administration of Conservation Areas (ANAC), Maputo City.
- Provincial Environmental Services in Tete (Tchuma Tchatu Programme).
5 working days from the date of submission.
The validity of the sport hunting license coincides with the hunting period from April 1st to November 30th, unless otherwise indicated in the Diploma that publishes the annual slaughter quota for the respective hunting season.
Hunter Guide Certificate
It is a document issued by ANAC or by the Provincial Environmental Service in Tete (for the Tchuma Tchatu Programme), which entitles the user to conduct a safari expedition.
Through a letter from the concessionaire company of the coutada, block, community program or wild farms, where the tourist goes hunting, addressed to the Director General of the National Administration of Conservation Areas or the Director of the Provincial Environmental Service in Tete (for the Program Tchuma Tchatu) requesting the issuance of the certificate.
- 2 passport photographs.
- Photocopy of ID card for nationals or photocopy of passport for foreigners.
- Letter from the concessionaire company of the coutada, block, community program or farm in Bravio, where the tourist is going to hunt, addressed to the Director General of the National Administration of Conservation Areas or to the Provincial Environmental Service in Tete (for the Tchuma Tchatu Program) requesting the issuance of the certificate.
- Present the deposit slip upon entry.
- Professional hunter certificate issued by a recognized institution.
- After registering the application, the applicant may withdraw the certificate after 5 working days.
- National Administration of Conservation Areas (ANAC), Maputo City.
- Provincial Environment Service in Tete (Tchuma Tchatu Programme).
5 working days from the date of submission.
The validity of the Hunter Guide Certificate coincides with the hunting period which runs from April 1st to November 30th, unless otherwise stated in the Diploma that publishes the annual slaughter quota for the respective season.
CITES certificate
It is an official document used to authorize the import, export, re-export or introduction of species listed by CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora). This document must comply with the requirements of CITES and the Resolutions of the Conference of the Parties, otherwise it will be considered invalid.
The CITES license application can be submitted by any person, natural or legal, national or foreign, with or without residence in Mozambique.
- Form duly completed.
- Characteristics of the species that originates the request.
- Purpose, provenance and destination.
- Copy of license that is legitimate to obtain.
- License or certificate from the competent veterinary services.
- Import license, in the case of CITES Appendix I species.
- Other licenses and certificates provided for by the CITES Convention.
- Headquarters of the National Administration of Conservation Areas in physical or electronic format.
7 working days from the date of submission.
- Export and re-export licenses are valid for a period of 6 months from the date of issue.
- Import licenses for types of species included in Appendix I are valid for a period of 12 months from the date of issue.
For the issuance of licenses for export, re-export and introduction of species listed in the CITES appendices, fees are charged:
- Issuance of the above documents – 10,000 MZN
- License or certificate renewal – 7,500 MZN
- Second Copy – 10,000 MZN