guide to obtain the environmental feasibility - october 2012

1

Guide to obtain the

Environmental Feasibility

The information in this Guide has been validated with the National Environmental Technical Secretariat (SETENA).

2012

Aftercare Department CINDE

October, 2012

2

October 2012. All Rights Reserved. The facts of this report are believed to be correct at the time of publication.

Please note that the contents delivered are based on information gathered in good faith from both public and

proprietary sources. As such, CINDE’s Aftercare Department can accept no liability whatsoever for loss or

damage arising as a result of the use of this report, either in its published or online format.

All the information in this Guide has been validated with the National Environmental

Technical Secretariat (SETENA).

Contents General Information on SETENA ............................................................................................... 3

Mission ................................................................................................................................... 3

Vision ..................................................................................................................................... 3

Guiding Principles .................................................................................................................. 3

Environmental Impact Assessment and Environmental Feasibility .......................................... 3

Procedure to obtain the Environmental Feasibility ...................................................................... 6

I. Initial Environmental Impact Assessment ........................................................................ 6

II. Preparation of the Environmental Impact Assessment Instrument ................................... 7

III. Control and Follow-up .................................................................................................. 7

Annex 1.....................................................................................................................................21

Classification of the activities, works or projects. .......................................................................21

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General Information on SETENA

The National Environmental Technical Secretariat (SETENA)12 was created in 1995 with the Environmental Organic Law (LOA by its abbreviation in Spanish) number 7554. It is a fully decentralized body and its primary purpose is to harmonize the environmental impact with the productive processes.

SETENA is made up of an Administrative Team, a Professional Environmental Team, and the Plenary Commission, comprised of 7 representatives from the following institutions: Ministry of the Environment and Energy, Ministry of Health, Ministry of Agriculture and Livestock, Ministry of Public Improvements and Transportation, Costa Rican Institute of Aqueducts and Sewage, Costa Rican Electric Institute, Public Universities (through the National Council of Presidents).

SETENA’s main functions within the framework of the Environmental Assessment process are to:

• Analyze the Environmental Impact Assessments (EIA). • Evaluate the actions proposed to minimize the impact on the environment. • Follow up and resolve claims on environmental damages. • Establish the amounts of environmental guarantees. • Verify compliance with the environmental commitments.

Mission

Harmonize the regulations of productive processes with the environment.

Vision

Be the leading institution that assures the general public that the productive development is carried out in harmony with the environment.

Guiding Principles

Responsibility, Leadership, Team Work, Honesty, Excellence, Citizen Services, Effectiveness, Efficiency, Quality, Justice, Integrity and Loyalty, protect institutional goods and respectfully and courteously deal with individuals.

Environmental Impact Assessment and Environmental Feasibility

The Environmental Impact Assessment (EIA) process is an administrative scientific / technical procedure that allows the identification and prediction of the effects that an activity, work or project will have on the environment, quantifying them and weighing them so as to carry out the decision making process.

The characteristics of the environment and of the project as well as their interaction are analyzed. Prior to initiation, the new projects (activities or works), must be subjected to the EIA process at SETENA. Its main objective is to determine the Environmental Feasibility of the project.

1 SETENA’s web page for more information: http://www.setena.go.cr/

2 SETENA’s contacts (emails and phone numbers): http://www.setena.go.cr/contactos.html

http://www.setena.go.cr/

http://www.setena.go.cr/contactos.html

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What does the Environmental Impact Assessment comprises?

The Environmental Assessment Department (DEA by its abbreviation in Spanish) is in charge of analyzing and solving all the requests of EIA for all the activities, works or projects submitted to the Environmental Impact Assessment process. This Department has a multidisciplinary technical team to execute the analysis of the environmental impact assessments prepared and presented by the developers of the activities, works or projects. The DEA is in charge of submitting a recommendation to the Plenary Commission to approve or reject the EIAs (based on a technical / scientific perspective) and any other consideration it deems pertinent.

To achieve the above, the DEA analyzes the initial entry documents of the Environmental Assessment, which are:

Environmental Assessment D2 document (for low environmental impact projects) Environmental Assessment D1 document (for high and midsized environmental impact

projects), complying as always with the Code of Good Environmental Practices (CBPA by its abbreviation in Spanish).

In addition to the initial entry documents of the Environmental Assessment, in the

regulations there are also final Environmental Assessment instruments, which will be required depending on the type of project and its impact on the environment (evaluated through the Environmental Impact Significance) or as stipulated by the regulations. These instruments are:

Sworn Statement or Affidavit on Environmental Commitments (DJCA by its abbreviation in Spanish): A statement made under oath, granted in public deed executed before a Public Notary, in which the developer of the activity, work or project, undertakes to wholly and entirely comply with the terms and conditions stipulated in the guidelines derived from the Environmental Impact Assessment process.

Forecast – Environmental Management Plan (P-PGA by its abbreviation in Spanish): Technical instrument in a pre-established format to execute the Environmental Impact Assessment, which in addition to performing a general forecast of the more relevant environmental aspects and impacts that the activity, work or project to be developed will generate, also includes: the environmental measurements, the potential costs, time

1. Initial EIA

2. EsIA and other

instruments of Environmental Assessment

3. Control and Follow Up

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frames, those responsible for the application destined to prevent, mitigate, correct, compensate or restore environmental impacts that may occur.

Environmental Impact Study (EsIA by its abbreviation in Spanish): It is a document of a technical nature or order and of an interdisciplinary nature that constitutes an environmental evaluation instrument, which the developer must submit in relation to an activity, work or project, prior to its execution. Its objective is to predict, identify, evaluate and correct the environmental impacts which certain actions could cause to the environment and define the environmental feasibility (permit) of the project, work or activity object of the study.

Note: The DEA also evaluates the Environmental Diagnostic Studies (EDA by its

abbreviation in Spanish), which consist in a voluntary instrument of an environmental evaluation, applicable to those projects that were developed without an environmental law that compelled them, at the time, to carry out any processes before SETENA (prior to the enactment of the Environmental Organic Law 7554). Projects that to this day continue under the same operation and wish to voluntarily execute the modification of the Environmental Impact Assessment, with the purpose of obtaining the Environmental Permit.

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Procedure to obtain the Environmental Feasibility

The procedure to obtain the Environmental Feasibility will depend on the classification of the activity. In this sense, a general description of the procedure is presented below and subsequently four potential scenarios will be analyzed in greater detail.

I. Initial Environmental Impact Assessment

1. Determine if the project requires the submittal of the Environmental Assessment Document D1 or D23, by consulting the General Regulations on Environmental Impact Assessment (EIA) procedures (DE-31849-MINAE-S-MOPT-MAG-MEIC) or else by directly querying SETENA. (Responsible: Developer and, if necessary, with a consultant registered at SETENA).

2. Submit D1 or D2, as applicable. (Responsible: Developer/Consultant). 3. In case a D1 must be submitted, contract an environmental Consultant who is registered

at SETENA. (Responsible: Developer). 4. Assign a number to the record and create the applicable digital record. (Responsible:

SETENA). 5. The record is transferred to the DEA, which verifies the environmental impact of the

project, assigns the classification, and determines the type of instrument of Environmental Impact Assessment that is required. (Responsible: SETENA).

General Classification

Potential Environmental Impact (IPA by its abbreviation in Spanish)

Significance of the

Environmental Impact (SIA by

its abbreviation in

Spanish)1/2/

Initial entry Environmental Assessment

document

Final Environmental Assessment

instrument (time frame stipulated for SETENA to resolve,

according to the Law)

C Low n/a D2 (10 days )

B2

Moderate-Low 3/

n/a D2 (10 days )

Moderate-Low 3/

0 – 300 points D1 DJCA (4 weeks)

Moderate-Low 3/

300-1,000 points

D1 P-PGA (4 weeks)

B1

Moderate-High 0 – 300 points D1 DJCA (4 weeks)

Moderate-High 300-1,000

points D1 P-PGA (4 weeks)

A High + 1,000 points D1 EsIA (10 weeks)

Notes:

1/If SETENA granted the Environmental Feasibility to the Zoning Plan of the Municipality of the canton where the company will be established, the SIA is recalculated with the following formula: points *0.5

3 According to the Annex 2 of the Decree number DE-31849.

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2/ If the company undertakes to voluntarily comply with the Construction Environmental Guide, the value of the SIA is reduced (points *0.75) 3/ A D2 would be considered if SETENA granted the Environmental Feasibility to the Zoning Plan of the Municipality of the canton where the company will be established, the activity is in agreement with what is established in that plan, and the INVU approves that Zoning Plan with the environmental component. Otherwise the following would apply D1+DJCA or D1+P-PGA.

II. Preparation of the Environmental Impact Assessment Instrument 6. Submit the final Environmental Assessment Instrument (EsIA, P-PGA, DJCA), for which

SETENA will define the time frame for its presentation4. (Responsible: Consultant). 7. Should it be necessary, a field inspection will be carried out and additional information will

be requested and must be submitted within a definite time frame. (Responsible: SETENA).

8. The additional information, if necessary, is submitted within the established time frame. (Responsible: Consultant).

9. The DEA will analyze the information presented; it will issue its technical recommendation and will send the technical report to the Plenary Commission. (Responsible: SETENA).

10. The Plenary Commission receives the technical recommendation. (Responsible: SETENA).

11. The Plenary Commission evaluates the technical recommendation; should it accept the recommendation, it will issue the resolution on the Environmental Feasibility. (Responsible: SETENA).

III. Control and Follow-up Once the Environmental Feasibility is granted and at least one month before the startup, the control and follow up instruments established by SETENA must be complied with Control and Follow-up Instruments (ICOS), such as:

Deposit the Environmental Guarantee

The record of the Environmental Log

Designation of the individual responsible for environmental matters

Periodic environmental reports, prepared by the person responsible

SETENA also has the authority to carry out surprise inspections as a means to monitor environmental matters.

4 The final Environmental Assessment Instrument can be filled at the same time as the D1 form, and SETENA’s

guidelines and timing will not be necessary.

8

Responsible:

Developer/Consultant SETENA

Scenario 1: D2

1 week

Complete the D2

document (a

consultant is

not necessary)

Immediately

Present the D2

and other

requisites 1/

at

the Service

Platform

A stamped copy of the

documentation will be

provided by the Services

Platform’s personnel

indicating the request

number and the CBPA

Additional

information is

presented at the

Services Platform

Should it be

necessary,

additional

information

will be

requested

The Environmental

Evaluation

Department analyzes

the documentation

received2/

Approved3/

Should it be

necessary, a field

inspection will be

carried out

A field

inspection

is carried

out

Approved3/

Approved3/

Approved3/

The additional

documentation is

submitted to the

Services Platform

Additional

information is

requested

The Environmental

Evaluation Department

includes the activity in

the Official Record, thus

granting the


Immediately

A list of documents

received will be prepared

on a daily basis

Corrections or

clarifications

Verify that it is effectively

entered into SETENA’s

Official Record

The

developer is

notified

The developer complies with

the control and follow up

instruments defined by

SETENA

Immediately

3 d

ays

9

Notes: 1/ The following must be provided:

1. Copy of the personal identification card, passport or any other identification document of the legal representative of the developer of the project (whether company or individual).

2. Notarial certification or registrar’s certification of the legal entity, which must contain the name of the company, corporate identification number, legal domicile, complete capacities of the legal representative. In those cases where representatives are appointed, a Notarial certification of the power of attorney must be provided.

3. Certified copy of the cadastral plan (or a copy and the original in order to compare). 4. Notarial certification or registrar’s certification of the property or building where the activity, work or project will be developed

(or a copy and the original in order to compare). If the Developer of the project is not the owner of the property, an authorization to use the property issued by the owner and his/her signature certified by an attorney must be provided.

5. The original Environmental Assessment Document (D2) signed by the Developer and certified by an attorney or compared against the personal identification card or the applicable official document (residency card, passport) must be provided to the offices of SETENA.

6. The original signed Sworn Statement or Affidavit on Environmental Commitments. 7. Original of the proof of payment covering the acquisition of the Code of Good Environmental Practices (CBPA) and the

analysis of the Evaluation Document (US $60 total). 8. Sketch, floor plan, or design of the site of the project.

2/ SETENA has 10 days to resolve Form D2, regardless of whether it carries out the inspection or not (the DEA will notify the developer when the inspection will be carried); when it is classified as D2, commonly, an inspection is not necessary. 3/ If the information is not presented right or if at the time of the inspection SETENA finds out something is not according to the documentation presented, the project can be rejected.

10

Scenario 2: D1 + DJCA

Hire an

environmental

consultant,

registered

before

SETENA

Immediately 10 weeks

Work with a

consultant to

complete the D1

Immediately

Present the D1

and other

requisites1/2/

at

the Services

Platform


documentation and the

number assigned to the record

will be provided by the

Services Platform’s personnel

Imm

ed

iate

ly

The Environmental

Evaluation

Department analyzes

the documentation

received3/

Responsible:


Additional

documentation is

delivered to the

Services Platform

Should it be

necessary,

additional

information is

requested

The

Technical

Report is

issued

Should it be

necessary, a field

inspection is carried

out

A field

inspection

is carried

out

Additional

documentation is

delivered to the

Service Platform

Additional

information is

requested

The

Technical

Report is

issued

The

Technical

Report is

issued

The Technical

Report is

issued

11

The Environmental

Evaluation

Department issues

the Technical Report

for the Plenary

Commission4/

The

developer is

notified

The Commission

accepts the Technical

Report and approves

the Environmental

Feasibility

The developer withdraws

the certificate that grants the





SETENA

Additional

documentation

is delivered to

the Service

Platform

Additional

information

is requested

A field inspection is

carried out

A field

inspection

is carried

out

Additional

documentation

is delivered to

the Service

Platform

Additional

information is

requested

1 week

The record is

filed

The Environmental

Feasibility is granted

by SETENA

The record is

filed

The

Environmental

Feasibility is

granted by

SETENA The record is

filed

The Environmental


Responsible:


1 week

12

Notes: 1/ The D1 and the rest of the requisites can be summited at once or the D1 can be submitted alone, and a waiting period of 3 weeks is established for the terms of reference from SETENA. 2/ The following must be submitted:


2. Notarial certification or registrar’s certification of the legal entity, which must contain the name of the company, corporate identification number, legal domicile, complete capacities of the legal representative. In those cases where representatives are appointed, a Notarial certification of the power must be provided.

3. Certified copy of the cadastral plan (or a copy and the original to compare against). 4. Notarial certification or registrar’s certification of the property or building were the activity, work or project will be developed (or

a copy and the original to compare against). If the Developer of the project is not the owner of the property, an authorization to use the property issued by the owner and his/her signature certified by an attorney must be provided.

5. Original and one copy of the D1 submitted in original form, completely filled out and signed both by the Developer and by the environmental Consultant (the signatures must be authenticated by an attorney).

6. Digital version of the D1 Document (in Excel). 7. Original and one copy of the DJCA and the specific requisites that may have been requested in the administrative resolution

concerning the D1. 8. Deposit slip covering the payment of the technical analysis (US $200). In case it adheres to the Construction Guide, the total

amount would be US $250. 9. Cartographic sheet showing the location of the project. 10. Georeferencing in accordance with the resolution No. 2654-2008- SETENA in digital format. 11. Basic identification matrix of the environmental impacts. 12. Environmental measures. 13. Matrix of the cumulative and synergistic effects. 14. Weighing parameters. 15. Detailed description of the project. 16. Design of the site of the activity, work or project (these are not the construction plans). Include the preliminary location of the

waste water treatment plant in the design of the site, should it be necessary. 17. Basic engineering study of the land, according to the protocol (geotechnical, hydrological, anthropic risks). 18. Study of the basic geology of the land, in accordance to the protocol (geology of the AP, hydrogeology and natural hazards). If

a waste water treatment system through absorption systems is used or when it relates to storage or commercialization of hydrocarbon substances, this study must include an analysis of transit time of contaminants.

19. Brief archeological report of the land.

13

20. Brief biological study if located in a fragile area (Refer to Annex 3 of the Regulations). 21. Certification issued by a Certified Public Accountant or Appraisal by the CFIA on the amount of the total investment of the

activity, work or project. 22. Correct Land Use certification issued by the applicable municipality. 23. Note on the availability of drinking water (potable). 24. Note on the availability of collection of solid waste. 25. Note on the availability of electric energy. 26. Municipal approval for the storm water vent. 27. DJCA with the revenue stamps required by Law.

3/ SETENA will have 3 weeks to resolve the D1 and 1 week to resolve the DJCA, regardless of whether the inspection is carried out or not (the DEA will notify the developer when the inspection will be carried). 4/ The Commission will have 1 week to issue the administrative resolution.

14

Scenario 3: D1 + P-PGA

Hire an

environmental

consultant,

registered

before

SETENA

Immediately

10 weeks Work with a

consultant to

complete the D1

Immediately

Present the D1

and other

requisites 1/2/

at

the Services

Platform



number assigned to the

record will be provided at

the Services Platform

Responsible:


The Environmental

Evaluation

Department analyzes

the documentation

received3/

Additional

documentation is

delivered to the

Services Platform

Should it be

necessary,

additional

information is

requested

The

Technical

Report is

issued

A field

inspection is

carried out

A field

inspection

is carried

out

The

Technical

Report is

issued

Imm

ed

iate

ly

15

Responsible:


The Environmental

Evaluation Department

issues the Technical

Report for the Plenary

Commission4/

The

developer is

notified

The Commission

accepts the Technical

Report and approves

the Environmental

Feasibility







SETENA


carried out

Additional

documentation

is delivered to

the Services

Platform

Additional

information is

requested

The record is

filed

The Environmental


The record is

filed

The Environmental


2 weeks

Additional

documentation

is delivered to

the Services

Platform

Additional

information

is requested

A field

inspection

is carried

out

The record is

filed

The

Environmental

Feasibility is

granted

2 weeks

16

Notes: 1/ The D1 can be delivered and a wait period 2 weeks is established for the terms of reference of SETENA or the D1 and the remaining requisites can be submitted all at once. 2/The following must be submitted:


2. Notarial certification or registrar’s certification of the legal entity, which must contain the name of the company, corporate identification number, legal domicile, complete capacities of the legal representative. In those cases where representatives are appointed, a Notarial certification of the power must be provided.

3. Certified copy of the cadastral plan (or a copy and the original to compare against). 4. Notarial certification or registrar’s certification of the property or building where the activity, work or project will be developed

(or a copy and the original to compare). If the Developer of the project is not the owner of the property, an authorization to use the property issued by the owner and his/her signature certified by an attorney must be provided.

5. Original and one copy of the D1 submitted in original form, filled out completely and signed both by the Developer and by the environmental Consultant (the signatures must be authenticated by an attorney).

6. Digital version of the D1 Document (in Excel). 7. Original and one copy of the P-PGA. 8. Original and one copy of the deposit slip covering the payment of the technical analysis (US $500). 9. Cartographic sheet showing the location of the project 10. If the developer of the Project is not the owner of the property, an authorization issued by the owner must be submitted duly

authenticated by an attorney. 11. Georeferencing in accordance with resolution No. 2654-2008- SETENA in digital format. 12. Basic engineering study of the land, according to the protocol (geotechnical, hydrological, anthropic risks). 13. Basic geological study of the land according to the protocol (geology of the AP, hydrogeology and natural hazards). If a

residual water treatment system through absorption systems is used or when it deals with the storage and commercialization of hydrocarbon substances, this study must include an analysis of transit time of contaminants.

14. Brief Archeological report of the land. 15. Certification issued by a Certified Public Accountant or Appraisal by the CFIA on the amount of the total investment of the

activity, work or project. 16. Correct Land Use certification issued by the applicable municipality. 17. DJCA with the revenue stamps required by Law. 18. Notes on the availability of public services. 19. Design of the site of the Project.

17

3/ SETENA will have 3 weeks to resolve the D1 and 4 weeks to resolve the P-PGA, regardless of whether the inspection is carried out or not (the DEA will notify the developer when the inspection will be carried). 4/ The Commission will have 1 week to issue the administrative resolution.

18

Scenario 4: D1 + EsIA

Hire an

environmental

consultant,

registered

before

SETENA

Immediately

10 weeks Work with a

consultant to

complete the D1

Immediately

Present the D1 and

other requisites1/2/

at the Services

Platform (including

a copy of the

publication)



number assigned to the

record will be provided at

the Service Platform

Responsible:


The Environmental

Evaluation

Department analyzes

the documentation

received3

Additional

documentation is

delivered to the

Services Platform

Should it be

necessary,

additional

information is

requested

The

Technical

Report is

issued

A field

inspection is

carried out

A field

inspection

is carried

out

The

Technical

Report is

issued

Imm

ed

iate

ly

19

Responsible:


The

Environmental

Evaluation

Department issues

the Technical

Report for the

Plenary

Commission

The

developer is

notified

The Commission

accepts the

Technical Report

and approves the

Environmental

Feasibility







SETENA


carried out

Additional

documentation

is delivered to

the Services

Platform

Additional

information is

requested

The record is

filed

The Environmental


The record is

filed

The Environmental


Additional

documentation

is delivered to

the Services

Platform

Additional

information

is requested

A field

inspection

is carried

out

The record is

filed

The

Environmental

Feasibility is

granted

5 weeks

5 weeks

20

Notes: 1/ The D1 can be delivered and a waiting period of 3 weeks is established for the terms of reference of SETENA or the D1 and the remaining requisites can be submitted all at once. 1/ The following must be submitted:


2. Notarial certification or registrar’s certification of the legal entity, which must contain the name of the company, corporate identification number, legal domicile, complete capacities of the legal representative. In those cases where representatives are appointed, a Notarial certification of the power of attorney must be provided.

3. Certified copy of the cadastral plan (or a copy and the original to compare against). 4. Notarial certification or registrar’s certification of the property or building where the activity, work or project will be developed

(or a copy and the original to compare against). If the Developer of the project is not the owner of the property, an authorization to use the property issued by the owner and his/her signature certified by an attorney.

5. Original and one copy of the D1 submitted in original form, filled out completely and signed both by the Developer and by the environmental Consultant (the signatures must be authenticated by an attorney).

6. Digital version of the D1 Document (in Excel). 7. Other basic technical studies prepared on the site where the activity, work or project will be developed. 8. Deposit slip covering the payment of the technical analysis (US $1,500 if it is not a Megaproject, US $3,000 if it is a

Megaproject: US$ 1,400 only for the EsIA – without including the D1- if it is not a Megaproject and US $2,900 only for the EsIA – without including the D1- if it is a Megaproject).

Megaproject: A group of activities that imply the development of works whose direct impacts of an environmental, economic, social and cultural nature have a nationwide reach; being its main characteristic that they are divided into components whose dimensions are normally similar to the activities, works or projects that the EIA process carries out individually.

9. Original and three copies (one in digital format) of the EsIA that must include the Environmental Impact Declaration (DIA) of the EsIA with the stamp of the Municipality of the canton where the activity, work or project is located.

10. A stamped delivery receipt of the EsIA issued by the SINAC. 11. Inclusion of the approved land use issued by the Municipality or the INVU, as applicable. 12. Address and fax for notifications.

3/ SETENA will be given 3 weeks to resolve the D1 and 10 weeks to resolve the EsIA; regardless of whether the inspections are carried out or not (the DEA will notify the developer when the inspection will be carried). 4/ The Commission will have 1 week to issue the administrative resolution.

21

Annex 1

Classification of the activities, works or projects.

The new activities, works or projects (OAP by its abbreviation in Spanish) that are subject to the process to obtain the environmental feasibility (permit) before SETENA, according to article 17 of the Environmental Organic Law, are divided as follows5:

i. Those activities, works or projects for which a specific law exists and which mandates compliance with the process listed in Annex No. 1 of the General Regulations on the procedures for the Environmental Impact Assessment (EIA). In other words, OAP (activities, works or projects) that already have a particular legislation that mandates compliance with the Environmental Impact Study (EIA) process.

ii. The remaining activities, works or projects that are not included in Annex No. 1 of the previous paragraph, appear listed in the general classification that is presented in Annex No. 2 of these same regulations. General classification is executed according to the type of process and the associated environmental risk, expert technical criteria, dimension, size, surface to be used.

With the objective of having the Developer be aware, in a preliminary manner, of the potential environmental impact of his/her activities, works or projects, and to identify the route to be followed within the Environmental Impact Evaluation process, SETENA has two complementary evaluation criteria: the general classification and the initial environmental qualification of the activities, works or projects.6

i. The general classification of the activities, works or projects according to their IAP is provided in terms of the nature of its productive process, and of its combined, accumulated or individual environmental effects. The categories shall be as follows:

Category A: High Potential Environmental Impact. Category B: Moderate Potential Environmental Impact. This category is, at the same time sub-divided into two lesser categories, that is:

Sub-category B1: Moderate – High Potential Environmental Impact, and Sub-category B2: Moderate – Low Potential Environmental Impact.

Category C: Low Potential Environmental Impact.

It should be pointed out that the activities listed in Annex 3 of the General Regulations on the procedures for the Environmental Impact Assessment (EIA) – Executive Decree number 31849– are dealt with differently. According to said Regulations the areas considered environmentally fragile, are the following:

National Parks, Wildlife Refuges, Wetlands, Biological Reserves, Forest Reserves, Protected Areas, Natural monuments, Natural, superficial and permanent bodies and water courses (mirrors of water), Protection areas for water courses, natural bodies of water, springs and water sources, according to the Forestry Law. Shoreline area, Areas with natural forest cover, Aquifer recharge areas formally defined by the applicable authorities. Areas where archeological, architectural, scientific or cultural resources exist and are officially considered national wealth by the State; areas considered high or very highly susceptible to natural hazards, by the National Emergency Committee are also included in this list.

5Article 4°. – Activities, works or projects subject to the EIA.

6Article 5°. – The environmental evaluation criteria of activities, works or projects.

guide to obtain the environmental feasibility - october 2012

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