This decree establishes rules and procedures for the environmental impact assessment of public and private projects and the environmental licensing procedure for activities that are likely to cause significant environmental and social impact, as well as applicable fees and fines for noncompliance.
Licenses that authorise the operation of undertakings must include:
a) Reference documents on the best methods and techniques applicable to the licensed activity, including all measures necessary to comply with the protection of the environment;
b) Emission limits for polluting substances that may be emitted during the activity;
c) Measures that guarantee the adequate protection of the soil and groundwater, the control of noise and the management of the waste;
d) Emissions monitoring procedures, including applicable methodology, frequencies and measurement plans.
The Presidential Decree is divided as follows: General provisions (Chap. I); Environmental Impact Assessment (Chap. II); Environmental licensing (Chap. III); Inspection, Fines and Fees (Chap. IV); Final provisions (Chap. V). Annexes specify activities of different categories and requirements to be satisfied to perform such activity.
Undertakings of Category A – including the extraction and processing of ores, processing and production of hydrocarbons – are subject not only to an Environmental Impact Assessment but also to an Environmental Pre-Feasibility and Scope Definition Study. They shall likewise be supervised by independent specialists with proven experience on the subject matter.