Peru

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SEA profile

Updated to: 27 June 2011

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SEA background

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Country contact on SEA

Contact details for the country contact on SEA.

Ministery of Environment

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

E-mail: minam@minam.gob.pe

www.minam.gob.pe

Country's planning system

Brief description of planning practice, specifically whether it take place more often at centralised or decentralised level, what kind of national level planning and sectoral planning takes place, etc.

In 2005 the Peruvian government set up the CEPLAN national planning procedure. However, in 2008 government restricted the procedure. At the level of the Regional Governments (Gobiernos Regionales) the CEPLAR procedure sets the rules of regional planning. Neither CEPLAN nor CEPLAR explicitly require environmental evaluation of the plans.

The National Government prepares its national plan at the beginning of their period of management.
Sectors make their plans and programs for a 4 or 10 year period. For example the Ministry of environment made its national environmental action plan for the period 2010-2021.
Local district and provincial municipalities develop their development plans for a period of 4 years.

History of SEA

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

Major milestones

  • 2003: elaboration of SEA for the urban transportation program in Lima
  • 2005: approval of the environmental Law no. 28611: "every human activity involving buildings, works, services and other activities, as well as the policies, plans and public programs which can cause significant, environmental impacts is subject, according to law, to the national system of environmental impact assessment (SEIA), which is administered by the national environmental authority”.
  • 2009: approval of the (Environmental Impact Assessment System) SEIA Law. This law regulates the procedures of SEA.

Legal framework for SEA

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Framework/Enabling law

Name of first enabling legislation that sets the framework for SEA.

The legal framework for environmental management is the Environmental Law (Law No. 28611).

Approving authority of enabling law

The authority that approved the enabling law for SEA.

National Congress

First national detailed SEA regulation

First national detailed regulation (procedural requirements) for SEA, through which SEA was operationalized.

The Law of the National System of Environmental Impact Assessment (SEIA) and his regulations were approved in 2009 (Law no. 27446). This law mentions the SEA as a preventive tool of environmental management at decision-making levels. 

Objective SEA

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

The implementation of SEA has as objective to internalize environmental issues in proposals of plans, programs and policies of the State. The SEA should prevent significant negative environmental impacts.

Scope of SEA application

Describes for which planning processes (at policy, programme and plan level) SEA is required.

SEA is applied at national, regional and local level plans, policies, and programs which can cause significant environmental impacts.

SEA approach

Describes the current overall SEA approach. Specifically: Has the country's SEA procedure been modeled on the existing EIA approach? Or has a separate SEA approach been developed?

The methodology of the SEA procedures are based on the EIA procedures and regulations.

Institutional setting for SEA

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Central SEA authority

Is there a central authority in charge of the SEA system as a whole, responsible for issuing guidelines etc? If so, is it independent or linked to a higher body (e.g. ministry)?

The Ministry of Environment promotes, evaluates and approves the SEA.

SEA procedure

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Establishing context

Implementing the SEA

Scoping process

Is there a distinct scoping process? Who is responsible? Who is involved? What methods (if any) are prescribed (overlays, matrices, etc)?

Define the scope of SEA.

Content of SEA report

If documentation is required, what should be contained in the SEA report?

  • Analyses of the objectives of the plan, program or policy
  • Description of the current environmental situation related to the plan, program or policy
  • Methodology of the SEA
  • Identification of potential environmental impacts
  • Assessment of environmental impacts
  • Indicators for evaluation, monitoring and control
  • Selection of alternatives
  • Measures to prevent, reduce and mitigate impacts
  • Mechanisms for citizen participation
  • Strategy of compliance with the measures included in the SEA
  • Summary

Reglament of the Law SEIA of 2009 art. no. 63

Informing and influencing decision-making

SEA and planning decision-making

What is the formal role of SEA in decision-making on the plan? Is SEA approval needed before a planning decision can be made?

The SEA must be approved prior to the implementation of policies, plans and public programs 

Recommendations for decision-making

How are the results of the SEA and participation translated into recommendations for decision-making on the plan?

The SEA report includes recommendations.

Monitoring

Monitoring requirement

Is there a requirement for implementation of decisions to be monitored? What is the role of SEA outcomes in this monitoring? What provisions exits for action to be undertaken if environmental problems occur?

The Environmental Evaluation and Monitoring Agency (Organismo de Evaluación y Fiscalización Ambiental, OEFA) is responsible for monitoring the implementation of the recommendations of the SEA report.

www.oefa.gob.pe

SEA practice

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Case studies

SEA case studies on which information is available are listed here, including a link to case documentation, if available.

  • Strategic Environmental Assessment (SEA) of the megaproject of the corridor North Amazon road developed by Proinversion in coordination with the Ministry of Transport and Communications (MTC) with support of USAID in 2005
  • Strategic Environmental Assessment, of the urban transportation program of Metropolitan Lima, developed by Protransporte, agency of the municipality of Metropolitan Lima in 2003
  • Strategic Environmental Assessment of the development program of gas production in the Lower Urubamba, developed by CONAM (now the Ministry of Environment). Was promoted as part of the 21 commitments assumed by the Peruvian Government on the Camisea Project, completed in 2007

 

www.mtc.gob.pe, http://www.dar.org.pe/eae_antecedentes2.html

Capacity development

Sets out any ongoing training programmes (including professional and academic training) and major training events held in the past (with focus on recent events).

  • ”International workshop on SEA as planning tool” organized by DAR, WWF, Ministry of Environment and the Ministry of Energy and Mining in February 2009

Non-governmental SEA guidance

Lists any SEA manuals and good practice publications (including checklists, case studies) that have been published by parties other than government.

  • “Strategic environmental assessment in the Peru”; proposals for the design of this tool by A. Barandiarán Gómez, Organization of Law, Environment and Natural Resources (DAR) and World Wildlife Fund. Inc.
    Lima, 2008

Hecho el Depósito Legal en la Biblioteca Nacional del Perú N° 2008 - 15253 ISBN: 978-603-45003-3-4

SEA links

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Other relevant links on SEA

Other relevant links on SEA in the country are given here.

Law, Environment and Natural Resources (Derecho, Ambiente y Recursos Naturales, DAR)