New Law Sets Out Guiding Principles on Industrial Activities - International Law Office

December 6 2004 saw the entry into force of the new Law on Industrial Activities in Angola. The legislation sets out the general norms and principles applicable to all industrial activities, as well as the rules for the avoidance of risks to security, public health and the environment inherent to such activities.

General Norms and Principles

The law applies to all industrial activities which are not governed by specific legislation, including waste disposal industries, as well as engineering, technological assistance and consultancy services directly connected to industrial activities.

The main norms and principles set forth in the law applicable to the above industrial activities are as follows:

• The set-up, start-up or change of industrial activities and/or facilities is subject to prior licensing from the Ministry of Industry or from other bodies holding specific powers over the relevant activity.
  
  
• Licensing authorities can only refuse to issue an industrial licence based on risks to public security, the environment, public health or public interests, or due to urban considerations.
  
  
• All industrial activities with a potential impact on the environment can only be licensed with the approval of an environmental impact study by the Ministry of Urbanism and the Environment.
  
  
• All industry operators must set quality control and product standardization systems.
  
  
• Operators that engage in industrial activities are expressly required to adopt all measures to reduce or eliminate the risks inherent to such activities.
  
  
• Operators that carry on high-risk industrial activities must take out and maintain civil liability insurance to cover damages to third parties and the environment.
  
  
• For other industrial activities, a safety plan must be drawn up and submitted for prior approval.
  
  
• All industrial activities must be registered with the Ministry of Industry's Industrial Registry.

According to the law, in order to implement the above principles, the government will enact legislation on:

• the licensing and classification of industrial activities and facilities on the basis of their environmental impact, size, number of workers, level of risk and other factors;
  
  
• high-risk industrial activities which are subject to stricter statutory requirements, such as mandatory civil liability insurance;
  
  
• the licensing and inspection fees related to industrial licensing; and
  
  
• the penalties applicable for failure to comply with the requirements applicable to industrial activities.

As follows from Article 2 of the law, the above legislation must seek, among other things, to:

• guarantee and protect the private sector's freedom to engage in industrial activities;
  
  
• modernize and promote industrial activities;
  
  
• ensure the safety and quality of those activities; and
  
  
• prevent, reduce and eliminate the risks inherent to industrial activities.

Although the law will only be fully enforceable with the approval of the above regulations which will implement its general norms and principles, existing industries are already required to register with the Industrial Registry. Registration must be made within 180 days of December 6 2004.

Comment

New legislation on the licensing and requirements applicable to industrial activities and facilities is to be enacted in the near future, in line with the principles and norms now set forth in the law. The safety and quality of industrial activities, and the prevention and reduction of the risks inherent to those activities, will likely be the cornerstones of the new legislation. In the interim, existing industries have six months to register with the Ministry of Industry.

For further information on this topic please contact Alberto Galhardo Simões at Miranda, Correia, Amendoeira & Associados' Lisbon office by telephone (+351 21 781 4800) or by fax (+351 21 781 4802) or by email (Alberto.GalhardoSimoes@mirandalawfirm.com).