A ineficácia do licenciamento ambiental na prevenção de danos: análise do processo de AIA e da fiscalização pós licença no projecto de petróleo de Inhassoro - Moçambique

Abstract

This thesis investigates the effectiveness of environmental licensing as a preventive instrument against ecological damage in Mozambique's petroleum industry, focusing on the Inhassoro oil project case study, operated by SASOL in partnership with ENH. Thro ugh a dialectical methodology that confronts legal normativity with administrative praxis, the research analyzes the legal framework (Law No. 20/97, Decree No. 54/2015, Decree No. 56/2010), the Environmental Impact Assessment process conducted, and post- license monitoring. Findings reveal a fundamental paradox: the coexistence of advanced legislation aligned with international standards and deficient operationalization characterized by weaknesses in technical assessment of heavy oil-specific risks, public consultations with information asymmetries, and chronically weak state oversight dependent on operator- provided data. The study documents environmental incidents and socio-environmental conflicts evidencing the materialization of risks that should have been prevented. It concludes that environmental licensing in Mozambique possesses formal effectiveness but lacks material effectiveness, functioning more as an administrative authorization to operate than as a living risk management instrument. Recommendations include strengthening institutional monitoring capacity, creating independent oversight mechanisms, revising petroleum recovery factors, and effectively including production-sharing clauses according to current legislation, aiming to ensure that extractive development does not compromise ecological sustainability and local community well-being