Peru

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EIA profile

Updated to: 25 February 2015

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EIA background

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Country contact on EIA

Contact details for the country contact on EIA.

Ministery of Environment

Central Office:
Av. Javier Prado Oeste 1440, San Isidro, Lima.
Telephone: (051)-1-6116000

E-mail: minam@minam.gob.pe

www.minam.gob.pe

History of EIA

Brief description of the history of the EIA system in the country, including when it was introduced and any major milestones in its development.

The Environment and Natural Resources Law (Legislative Decree no.613 of 1990) stipulates the procedures for the implementation of EIA for activities, projects or works that can cause environmental damage. The energy and mining sector issued specific regulations on environmental protection activities for metallurgical mining and oil and gas drilling activities in 1993. In 1994 the electricity sector established specific norms for EIA in the sector.
In 2005 the Congress approved the General Environment Law (Law no. 28611, 2005). With the creation of the Ministry of Environment in 2008 environmental management in the country was furthered. In of the first results were the environmental quality standards.
General EIA procedures were only approved in 2009 by the Law on the National System of Environmental Impact Assessment, SEIA (Law no. 27446). The passing of this Law has been important to unify and develop the EIA procedures for all sectors.
 
Key milestones:
• 1990 Law of Environment and Natural Resources
• 1993 Environmental protection regulations in the energy and mining sector
• 2005 General Environmental Law
• 2008 Establishment of the Ministry of Environment
• 2009 Law on the National System of Environmental Impact Assessment (SEIA)

Year of introduction of EIA legislation

NB: this field is only meant for the world map. It is a hidden cell that is not published on the website. If available, mention the year when detailed national EIA regulations were issued. If such regulations do not exist and if EIA practice is base

1990

Legal framework for EIA

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Year of introduction of enabling law

Year when the enabling law for EIA was issued

General environment law no. 28611  

2005

Approving authority of enabling law

Authority that approved the enabling law for EIA.

National Congress

Year of introduction of first national detailed regulation for EIA

Year when when the first national detailed regulation (procedural requirements) through which EIA was operationalized.

  • The Law on National System of Environmental Impact Assessment (SEIA, Law No. 27446) and its rules of procedure adopted in 2009. (Supreme Decree No. 019, published in the “El Peruano”)
  • The creation of the Ministry of Environment with Supreme Decree No. 1013 of 2008.
  • Regulation on Transparency, Access to information and Participation and Citizen Consultation regarding environmental issues (Supreme Decree No. 002 MINAM, 2009).

2009

Sector specific procedures or regulations on EIA

Any existing sectoral procedural or content regulations are listed here, as well as the authority that issued each.

Specified Sectoral  Reglaments/procedures:

Energy and mining sector:

  • Ministerial Resolution on the Register of Entities that are allowed to conduct EIA.
  • Regulation on the Citizen Consultation and Participation in the approval of the EIA in the Energy and mining sector  (RM 596-2002-EM/DM)
  • Regulation for environmental protection in oil and gas drilling, mining and electric energy activities        

Industrial production sector:

  • Ministerial Resolution that approves the guidelines for the prevention of contamination by the industrial production sector (R.M. No. 198-2006)

Transport sector:

  • Resolution that approves the guidelines for the elaboration of EIA for harbor projects (D. N° 012-2007-MTC).

Tourism sector:

  • Register of authorized entities that are allowed to develop environmental impact studies and are allowed to conduct other environmental management instruments applicable to the activities of the tourism sector.
  • Draft environmental rules for the development of tourism activities.

 

Guidelines

Any government issued guidelines on EIA (general, or sectoral) are listed here, as well as the authority that issued each. Describe the legal status of the guidelines.

General Directorate of environmental affairs for the Sector Energy (of the Ministry of Energy and Mining):

  • Guidelines on community relations
  • Guidelines to develop environmental impact assessment for Electrical sector
  • Environmental Guidelines for projects of exploration and production of Hydrocarbons
  • Environmental Guidelines for developing environmental impact assessment  for the Oil and Gas activities

 

Objective of EIA

The objective of EIA as stated in the above described legal basis.

The EIA is a legal instrument to prevent or minimize environmental damage caused by public and private investment.  

Scope of EIA application

Describes which types of activities require EIA (public and/or private activities; national and/or foreign initiated project; or all such projects)

EIA is applied prior to the projects, activities or works that may cause significant negative environmental impacts. Public, private and mixed investment projects are subject to EIA.

Exemptions from EIA application

Describes any (groups of) activities identified in the regulation that are exempted from the requirement to do EIA (e.g. military or emergency activities).

Law of environmental impact assessment (Law No. 27446) establishes rules for exemptions. In a state of emergency due to catastrophic events the government may declare exceptions to the EIA law. 

Institutional setting for EIA

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Central EIA authority

Is there a central authority in charge of implementing EIA? Is it independent or linked to a higher body (e.g ministry)? What are its tasks related to EIA?

There is no central environmental authority in EIA. The competent environmental authority for EIA is the corresponding sectoral authority. The Ministry of the Environment establishes the rules and procedures relating to the EIA, coordinates their implementation, monitors its correct functioning according to the legislation, renders its technical opinion if required, and manages registration of the entities authorized for processing of EIA, and the environmental certification system

Other key (governmental) parties involved in EIA, and their roles

Lists other key parties (e.g. a review commission, knowledge institute) that have a role in many or all EIAs.

The sectoral ministries play a major role in decision making and in the EIA process. Sectors should develop detailed EIA procedures, detailed procedures of citizen participation, elaboration of EIA guidelines and terms of references etc. Sectors are authorized to take decision on environmental certification (including the EIA if the screening process requires the elaboration).
Important sectoral ministries for EIA are:

  •  Ministry of Energy and Mining (MINEM) with its General Directorates of Environmental Affairs for  Mining Activities and Environmental Affairs of the Energy Sector
  • Ministry of Production (Produce) and its General Directorate of Environmental Affairs for Industrial Activities
  • Ministry of Transportation and Communication (MTC)
  • Ministry of Housing, Construction and Sanitation (Vivienda, Construccion y Saneamiento)
  • Ministry of Health (MINSA)

(De)centralisation of EIA mandates

Describes if EIA mandates are (de)centralised. Vertical decentralization refers to the extent to which the responsibility for EIA processes are delegated by the central government to the provincial or local authorities. Sectoral or horizontal decen

The sectoral ministries delegate their functions of relative small local and regional EIAs to their Regional Directorates.

EIA procedure

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Screening

Screening requirement and authority

Describes if a formal screening decision required, and if so, which authority is responsible for this decision. Is this decision published?

The SEIA Law and its regulations dictate an inclusive list of investment projects subject to environmental assessment. The Ministry of Environment in coordination with sectoral authorities reviews and complements the inclusive list. The list can be modified with a ministerial resolution

Reglamento del Ley SEIA art. 21

Screening process

Describes the screening process: steps in screening, the stakeholders involved and outcomes of the process, status of screening advice of different stakeholders, etc. Also describes any prescribed methods for screening. If preliminary EIA's / light EIA's / Initial Environmental Evaluations (IEE) are done in this country and which criteria determine whether a preliminary or a full EIA is requested

The proponent emits a request for environmental certification to the competent authority. The competent environmental authority reviews the request of the proponent. The first step is to apply the inclusive list of annex II of the SEIA Law. If the project, work or activity is mentioned in the inclusive list the proponent has to prepare a preliminary assessment. The competent authority reviews documentation and makes a classification decision.

The screening of the proposal is according to the criteria of environmental protection. The criteria are mentioned in the SEIA Law: protection of human health, environmental quality protection, natural resources protection, conservation of protected natural areas, protection of life of communities, protection of ecosystems and valuable landscape, archaeology, and protection of biodiversity.

Category I Environmental Impact Declaration: includes activities, projects or works whose execution causes low negative environmental impacts
Category II Semi-detailed Environmental Impact Assessment: includes projects, activities, or works whose implementation can cause moderate environmental impacts and whose negative environmental impacts can be eliminated or minimized through easily applied measures.
Category III Detailed Environmental Impact Assessment: includes projects, activities or works whose implementation can cause significant negative environmental impacts. These projects require an in depth analysis to review their impacts and propose environmental management plan.
 

Provision for sensitive areas

Are specific requirements formulated for environmentally sensitive areas? (e.g. no minimum thresholds, full EIA instead of partial EIA)

For activities, projects or works in protected areas a consultation with the National State institute of Protected Areas (SERNANP) is required. The SERNANP emit its technical opinion. The technical opinion of the National Water Authority (ANA) should be requested in the case of the use of water resources.

Contents of the starting document

Describes the required content of the starting document (if any) that the proponent should submit to the competent authority for EIA screening. Mentions if the starting document is published.

For proposed projects, works or activities on the inclusive list (annex II Act SEIA) the proponent shall prepare a document to request environmental certification. The document includes a preliminary assessment.
The document should contain the following information:

  • Description of project, work or activity which will be implemented in stages of planning, construction, operation, maintenance, and closing
  • Legal documents
  • Environmental and socio-economic aspects of the area of influence
  • Description of potential environmental impacts
  • Measures of prevention, mitigation or correction
  • Citizen participation plan
  • Monitoring and control plan
  • Closure/Abandonment plan
  • Timeline
  • Budget of the project 
Timeline Screening

Maximum number of (working) days allowed between submission of the starting document and the screening decision.

Within a period of 20 working days the competent authority will evaluate the contents of the request and classifies the investment. If additional information is required the proponent should submit this information within 10 working days, or if more time is requested, the maxim period can be up to 20 working days.

Scoping

Scoping requirement

Is a formal scoping step required as part of the EIA process?

For investments in categories II and III it is an obligation to elaborate an environmental impact assessment. The proponent has to prepare the Terms of Reference. The competent authority reviews the terms of reference and approves the ToR; if not approved the proponent has to correct the ToR according to the comments of the authority.

Scoping process

Describes who carries main responsibility to undertake scoping and what the roles and responsibilities of the involved parties during the process are. Specifically, is there independent formulation and/or review of the scoping document, approval of the scoping document? Are any methods prescribed, e.g. participation, checklists. What guidance is provided?

For investments in categories II and III it is an obligation to elaborate an environmental impact assessment. The proponent has to prepare the Terms of Reference. The competent authority reviews the terms of reference and approves the ToR; if not approved the proponent has to correct the ToR according to the comments of the authority.

Contents of the scoping document

Explains if there are there specific requirements for the content of the scoping document, and if so, what these are.

Terms of Reference for the environmental impact assessment. Annexes III and IV of the environmental regulation lays down general criteria for Terms of Reference. The Ministry of Energy and Mining establishes supplementary rules for the Terms of Reference for the activities in the sector.

Assessment and reporting

Assessment process

Steps and roles of stakeholders in the assessment and status of the input of the stakeholders. Also sets out methods for assessment of the environmental impacts of the activity, if prescribed, and whether the assessment covers environmental, social, economic and/or transboundary effects.

The proponent prepares an environmental impact assessment, including physical, biological, archaeological, social and economic impacts. The EIA also includes an environmental management strategy. For category III economic valuation of environmental impact is compulsory.

The proponent elaborates a participation plan in the EIA study and executes its plan to involve the local and/or regional actors. The EIA takes into account public consultations.

The proponent presents the EIA with additional documents to the competent environmental authority.

In the case of projects, activities or works of category III, a public hearing is organized after the presentation and publication of the EIA.

Contents of the EIA report

Explains what should be contained in the EIA report. Specifies if a potential Environmental Management Plan is part of the EIA report or if it is a separate document that contributes to the EIA process.

The SEIA Law defines a mandatory content of environmental impacts assessment (EIA) studies.

  • Summary
  • Description of the proposed action
  • Base line study
  • Identification and characterization of the environmental impacts throughout the project cycle
  • Environmental management plan
  • Contingency plan
  • Plan of closure
  • Public participation plan
  • Monitoring and control plan
  • Schedule and budget
  • Economic recovery; only for the Detailed EIA
  • Community relations plan; only for the Detailed EIA.

Sectors can establish additional requirements. For example, the Ministry of Energy and Mining requires also a list of local authorities and documentation of participatory workshops.

Review

Review process

Overview of the review process, including: steps in the process and roles of the stakeholders, status of the input of the stakeholders. Is the process open to public? Review method: internal review, external review, panel/commission (permanent or temporary), are the review results documented? Are the review criteria general or case by case? Are the review results documented? Is a potential review

For projects, activities or works of category I the preliminary assessment document (screening document) is reviewed to obtain environmental certification. If the competent authority approves the preliminary assessment environmental certification is issued.

For projects in category II and III the competent environmental authority reviews the EIA study, the information of the public hearing, the information concerning the participation plan (surveys and/or participatory workshops) and public comments. During the review process the competent authority can request the opinion of other public bodies and institutions.

For detailed environmental impact assessment studies (category III), the competent authority may establish a mechanism of review involving the authorities of other sectors and/or regional and/or local organization that are involved.

Timeline Review

Number of (working) days for review of the EIA by the competent authority.

  • 40 working days for the process of evaluation and review by the competent authority for category II ,
  • 70 working days for category III
    The competent authority may extend the timeline once with a maximum of 30 working days

Decision-making

Integration of EIA into decision-making

Describes what kind of decision-making processes the EIA is intended to support. We look specifically at the decision on EIA approval, and how this relates to envirionmental approval for the project, and other project approval decisions (permits) needed before a project can proceed. This category describes which decisions are influenced by EIA and how they are linked to each other.

Environmental certification is required prior to the execution of the project, activity or work. The elaboration of EIA is required in the case of investments that can cause moderate or significant negative environmental impacts.

Competent authority

Describes which authority/authorities is/are responsible for each of the main decision-making processes on EIA (EIA approval, environmental approval and/or project approval). It is explained if those decisions are taken by the same or different authorities.

The competent authority that makes a decision on the environmental certification is the corresponding sectoral authority. For example the Ministry of Health provides environmental certification for hospitals and the Ministry of Production grants environmental certification for industrial fishing activities

Decision justification

Sets out requirements for justification of the consideration of the EIA information in decision-making (on EIA approval, environmental approval and/or project approval).

The competent environmental authority provides the technical and legal considerations that underlie the decision.

Decision publication

Does the decision (on EIA approval, environmental approval and/or project approval) have to be published? Also, is the decision justification published as well?

The resolution of environmental certification is published. The published information includes the motivation for the decision taken.

Timeline decision-making

Maximum number of (working) days available to the competent authority to make the EIA based decision (EIA approval, environmental clearance and/or project approval).

20 working days

Monitoring, Compliance and Enforcement

Compliance monitoring

Is compliance monitoring required to check if the project is implemented as described in the EIA documents and/or if mitigation of environmental impacts complies with applicable standards and other measures set out in the EIA documents? Who is responsible for ensuring compliance? How does this authority ensure compliance (for example, through inspections)? And what requirements are there for the p

The environmental impact assessment study should include a Monitoring and Supervision Plan.

EIA evaluation

Are there any requirements to monitor if the impacts in reality are as they were predicted in the EIA, with the purpose of evaluating the EIA itself and improving future EIA practice?

The proponent develops a strategy for environmental management including a monitoring, surveillance and control plan. The proponent emits frequent reports of environmental monitoring to the competent authority.

Payment system

Is the proponent required to pay a fee when applying for an EIA? Is this fee linked to a permitting fee, or separate? If yes, when is this paid and to whom (to the agency that issues the license or to a central agency)?

The proponent pays a fee. The procedure for payment is in agreement with the regulation for administrative procedures (TUPA). The payment is canceled at the National Bank. 

Public participation

Public participation requirements for EIA process stages

Describes for which of the EIA process stages public participation is required.

According to the SEIA Law and its regulations the EIA process is a participatory process. From the start of the process the proponent involves the various actors in the area of influence. The proponent has the obligation to draw up a public participation plan and execute it during the EIA process. The competent authority approves and monitors.
In the review process, a public hearing is mandatory for projects, works and activities of category III. Regarding the investment category II, the competent authority may require a public hearing.

The regulations on transparency, access to the public environmental information and consultation and participation of citizen in environmental matters define the access to information and participation of citizens in the EIA process. The Ministry of Energy and Mining provides complementary standards on citizen participation.

To comply with the International Labor Organization (ILO) Convention no. 169 on the rights of indigenous peoples, the Peruvian National Congress debated in 2010 the law on consultation of indigenous peoples. This law establishes the right to prior consultation for indigenous peoples with regard to activities that directly affect them.
(The Law is still in discussion)

Public participation guidance

Has any guidance on participation been provided?

The Ministery of Energy and Mining published a guidelines  for relations with communities. This guidelines explains different tools for participation of the community where the project, works or activities takes place. 

Access to information

Which of the information that is generated in the EIA process is available to the public? Specifically, which reports and decision statements?

All documentation on the environmental impact assessment is accessible to the public, unless declared as secret, confidential or reserved information. Under no circumstances this may limit the right of access to public information regarding documentation related to impacts involving hazards and/or affects to human health or the environment. Access to information for the citizen is regulated in the Law on Transparency and Access to Information.
The citizens can make request for information to the environmental authority in writing with their name, ID and address.

Information dissemination

How can the public receive the information that is publicly available? Are there public announcement on the proceedings? How/where are these published? Is information made available locally? Is information sent on request? etc.

In general, a summary of the environmental impact study is presented to the public at the headquarters of the corresponding sectoral Regional Directorate, and at the headquarters of the district or provincial municipality. Furthermore, the environmental resolution is published in newspapers. The competent authority may require the summary to be written in the local language.

Timeline for public comments

The number of (working) days available for the public to make comments on the EIA decision document.

The Ministry of Energy and Mining sets timelines for the citizen participation process. After the environmental impact study is completed and the conformity declared, a notice is published within 7 days in the national and regional media. Within 40 calendar days the public hearing is held. After the public hearing 30 calendar days calendar are schedules to receive comments and observations and 20 calendar days to hold additional workshops.

Public comments

What options do the public have to provide their comments. Should comments be written, or may they also be verbal? To which agency should they provide their submissions?

Environmental impact studies are made available to the public, for observations and comments at regional headquarters in the respective sector. The EIA approval is published in the media. The Ministry of Energy and Mining provides detailed publication rules (in which medium, content of the notice and the timelines).

Public comments in decision-making

Do the EIA and/or project approval decisions have to be justified on the basis of public participation results? Do legal texts indicate how public participation results should be used and to which decision-making processses they should contribute?

The competent authority shall take into account the observations of the citizens in the EIA approval.

Legal recourse

Possibilities for appeal

What are the legal recourse options to challenge EIA decisions are provided for within the legal framework?

You may appeal before the administrative authority. 

Decisions that can be appealed

Which EIA decisions can be appealed?

It is possible to file an appeal against the decision on the screening and the decision of approval of an EIA.

Who can appeal

Who can make an appeal (in other words, has legal standing)?

 Every citizen, public and private organizations, and the proponent may appeal against the decision of approval or rejection of the environmental impact assessment study or environmental license via administrative procedures of appeal. Also municipalities may appeal against decisions of environmental certifications in their jurisdiction.

 

The Court of Auditors (Controlaria General) and the Ombudsman of the Environment (Defensoria del Pueblo, Adjuntia de Medio Ambiente) guard state activities related to human rights, human health and the environment. They monitor environmental licensing by the state in the case the project, works or activity cause environmental damage or damage to health of citizens.

EIA practice

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Central EIA database

Is there a central database or library where information on EIAs is kept (i.e. where all EIAs are registered and/or copies are archived). If so, what is kept there and is this information publicly accessible?

Each sector has its administration of environmental certifications and assessments.

Accreditation of consultants

Is there and accreditation system operational in the country to certify consultants to do EIAs?

Each sector manages a registry of approved EIA studies. The Ministry of Environment is starting the implementation of a central register of authorized entities to conduct environmental studies.

Capacity development

Ongoing training programmes (including professional and academic training) and major training events held in the past (with focus on recent events) are mentioned here.

Universities offer courses on environmental management and/or preparation of environmental impact assessment and procedures.
The Peruvian Institute for the Environment and Sustainable Development (IPMADES) provides a professional course of environmental impact assessment studies.

EIA links

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Links to laws/regulation

Any relevant links to laws or regulations are included here.

The Official Gazette El Peruano is the official government diary of the Peruvian government: El diario oficial El Peruano

The Ministry of Environment, environmental legislation (El Ministerio Ambiente)

The Ministry of Energy and Mining, environmental affairs (El Ministerio de Energía y Minas)

Other relevant links on EIA

Any other relevant links (for example to country specific guidance documents) are included here.

Peruvian Society for Environmental Law (Sociedad Peruana de Derecho Ambiental, SPDA) 

www.actualidadambiental.pe

Peruvian Institute for Environment and Sustainable Development (Instituto Peruano de Medio Ambiente y Desarrollo Sostenible)