Environmental Licensing is a mandatory administrative procedure that precedes the installation, expansion and operation of any enterprise or activity considered effectivelly or potentially polluting or that may, in any way, cause environmental degradation (Art. 1º, Item I, CONAMA Resolution No. 237 of 12/19/1997). The main guidelines for the implementation of environmental licensing in Brazil are expressed in Law No. 6,938/1981 and CONAMA Resolutions No. 001/1986 and No. 237/1997.
Through environmental licensing, the competent body, which could be at the municipal, state or federal levels, establishes the conditions, restrictions and environmental control measures that must be addressed throughout the implementation and operation of the venture. At the federal level, environmental licensing is the attribution of the Brazilian Institute of the Environment and Renewable Natural Resources (IBAMA) (Art. 10 of Law 6,938 of 08/31/1981 c/c Art. 4th of CONAMA Resolution No. 237 of 12/19/1997).
According to current legislation, the environmental licensing process consists of 03 (three) main steps, resulting in issuing the following environmental licenses: Prior (LP), Installation License (LI) and Operating License (LO).
To apply for each license, the competent environmental agency defines the appropriate environmental studies and documents, which must be submitted in advance by the entrepreneur. The studies required for the environmental licensing process should be carried out by legally qualified professionals, at the expense of the entrepreneur.
Based on this information, the agency establishes conditions, specific to each stage of environmental licensing and that must be properly met before the applying for the next environmental license, and so on. Thus, it is correct to state that environmental licenses may be issued in isolation or successively, according to the nature, characteristics and phase of the venture or activity (Art. 8, § single, of CONAMA Resolution No. 237 of 19/12/1997).
Represent the first stage of the environmental licensing process and should be requested from IBAMA (or the competent environmental agency) in the planning phase of the implementation, alteration, or expansion of the venture. This license aims to approve the venture’s location and design, attesting to its environmental viability and establishing the basic and conditioning requirements to be met in the next stages of licensing, considering the different design alternatives and proposals presented by stakeholders.
At this stage, the proposal of the Term of Reference (TR) is due to the licensing body for the preparation of environmental studies. Once the TR is completed and approved, the entrepreneur must then prepare the Environmental Impact Study and the Environmental Impact Report (EIA/RIMA). After the presentation of the EIA/RIMA to the environmental agency, with the respective approval of the venture and holding a public hearing, the entrepreneur can obtain the LP.
For projects and activities without significant environmental impact, the environmental agency to suppress may be the stage of the Prior License (LP) and require the Simplified Environmental Study and Environmental Control Plan (Art. 38 of Normative Instruction No. 184, of July 17, 2008).
As a second stage of the environmental licensing process, this license authorizes the installation of the venture/activity, enabling the start of the works, according to the specifications contained in the plans, programs and projects approved, including environmental control measures and other conditions, detailed in the Basic Environmental Project (PBA).
Continuing the process, the third and final stage is started, which authorizes the operation of the activity or venture, after verifying the effective compliance with the current environmental licenses, including the environmental control measures established in the PBA.
At this time, the Final Environmental Program Implementation Report contained in the PBA and the Plan for The Use of the Reservoir Environment (PACUERA), in the case of Hydroelectric Power Plants (HPP) and Small Hydroelectric Plants (SHP), according to Normative Instruction No. 065/2005, issued by IBAMA must be presented. If these are approved by the competent environmental agency, the LO is issued.
Source: IBAMA Website - Environmental Licensing; Law No. 6,938 of 08/31/1981; CONAMA Resolution No. 237/97; CONAMA Resolution No. 001/86; Normative Instruction No. 184/08; Normative Instruction No. 065/05, as the last two expeditions by IBAMA.
Jirau Energia invests in a number of initiatives and projects with the aim of minimizing the effects of energy generation activity on nature and ensuring environmental preservation, learn more.
