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EIA profile

Updated to: 25 February 2015

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Background

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Country contact

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 ESIA

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)

Legal framework

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Framework/Enabling law

General Environment Law (Law no. 28611, 2005).

National detailed regulation for ESIA

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”)

Regulation on Transparency, Access to information and Participation and Citizen Consultation regarding environmental issues (Supreme Decree No. 002 MINAM, 2009).

Sector specific procedures or regulations on EIA

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

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 

Scope of ESIA application

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 ESIA application

In a state of emergency due to catastrophic events the government may declare exceptions to the EIA law. 

Institutional setting

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Central ESIA authority

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 ESIA, and their roles

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 ESIA mandates

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

Payment system

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. 

ESIA procedure - overview

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Screening

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Screening process

Screeing is a required step.

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.

Sensitive areas

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.

 

Reglamento del Ley SEIA art. 21

Contents of the starting document

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

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

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Scoping 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.

Contents of the scoping document

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

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Assessment process

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

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.

Accreditation of consultants

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.

Review

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Review process

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

  • 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

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Integration of ESIA into decision-making

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.

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

The competent environmental authority provides the technical and legal considerations that underlie the decision. The resolution of environmental certification is published. The published information includes the motivation for the decision taken.

Timeline decision-making

20 working days

Follow up

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Compliance monitoring

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

Stakeholder engagement

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Public participation requirements for ESIA process stages

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)

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

Timeline for public comments

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.

Access to information

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.

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.

Appeal

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Possibilities for appeal

It is possible to file an appeal against the decision on the screening and the decision of approval of an EIA. You may appeal before the administrative authority.

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.

ESIA practice

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Central ESIA database

Each sector has its administration of environmental certifications and assessments.

Relevant links

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)