There is no national definition of waste used for the purpose of transboundary movements of waste in Mozambique.
National definition of hazardous waste used for the purpose of transboundary movements of waste exists in Mozambique.
The Environmental Law of 1997 (definitions section) defines hazardous wastes and residues as substances destined for elimination, and posing a risk to human health or the environment due to one or more of the characteristics listed in the provision. The definition is in accordance with the Annexes I, II and III of the Basel Convention.
There are no wastes defined as, or considered to be hazardous wastes by national legislation in accordance with Art. 1, para 1(b) of the Basel Convention.
In Mozambique there are no wastes other than those pursuant to Art. 1 (1)a and/or Art. 1 (1)b of the Basel Convention that require special consideration when subjected to transboundary movement.
Restrictions on Transboundary Movement
Amendment to the Basel Convention
The amendment to the Basel Convention (Decision III/1) has been implemented in Mozambique.
Restrictions on export for final disposal and for recovery
Mozambique has no restrictions on the export of hazardous wastes and other wastes for final disposal and for recovery.
Restrictions on import for final disposal and for recovery
Mozambique restricts the import of hazardous wastes and other wastes for final disposal and for recovery.
Under the Environmental Law of 1997, the importation of toxic residues or wastes is expressly prohibited for final disposal and recovery, except under the terms of that would be established under specific legislation. However, such legislation is not in existence yet.
Restrictions on transit
Mozambique has no restrictions on the transit of hazardous wastes and other wastes.
Reduction and/or Elimination of Hazardous Waste Generation
Legislation, regulations and guidelines
EIA Regulation; and Environmental Law of 1997: Based on the relevant provision of the Constitution, the Environmental Law of 1997 provides a general framework for environmental protection, including management of hazardous wastes. The purpose of the law is “to define the legal basis for the proper use and management of the environment and its elements in order to establish a system of sustainable development” in the country. The law includes several provisions addressing this issue. There is as yet no specific legal instrument on the management of hazardous wastes, or on export and import of such wastes. Work is underway to develop several regulations under the law.
The following aspects of hazardous wastes management are addressed in the Environment Law or a separate regulation: definition of hazardous wastes; licensing system for persons managing waste and disposal facilities; restriction/prohibition of export/import of hazardous wastes; and civil liability and reparation of damage.
In general terms, the Environmental Law of 1997 imposes strict liability on persons who cause material damage to the environment. The State has the right to assess the damage, fix the amount of compensation, and to take counter measures at the expense of the person causing the damage. The provision does not relate to hazardous wastes specifically.