Regulation of Peru's SEIA Law (DS 019-2009-MINAM)
The Regulation of the SEIA Law (DS N° 019-2009-MINAM) establishes the framework for Peru's National Environmental Impact Assessment System (SEIA). Its core purpose is to ensure the identification, prevention, supervision, and control of negative environmental impacts stemming from policies, plans, programs, and investment projects. It defines the roles of competent authorities, the principles guiding the system, and the mandatory procedures for obtaining environmental certification.
Key Takeaways
SEIA aims to prevent and control negative environmental impacts proactively.
The system is mandatory for all public and private projects with significant impact.
MINAM acts as the rector, directing and administering the entire SEIA framework.
Projects are classified into three categories based on the severity of their impact.
Environmental Certification is mandatory before initiating any project activities.
What are the General Provisions and Principles of the SEIA Regulation?
The General Provisions of the SEIA Regulation establish the system's core objective: to ensure the identification, prevention, supervision, and control of negative environmental impacts through the National Environmental Impact Assessment System. This system is mandatory for all national, regional, and local authorities, covering policies, plans, programs, and investment projects that may generate significant negative impacts. Key principles include indivisibility, participation, shared responsibility, and efficiency in environmental management, ensuring a comprehensive and coordinated approach across sectors.
- The SEIA's core objective is to achieve the identification, prevention, supervision, control, and anticipated correction of negative environmental impacts.
- The scope of the SEIA is mandatory for all authorities and covers policies, plans, programs, and investment projects with significant negative impact.
- Core principles guiding the system include Indivisibility (integral evaluation), Participation (informed intervention), Complementarity, Shared Responsibility, Efficacy, and Efficiency.
- The SEIA mechanism operates as a unique, coordinated system for evaluation and mitigation, serving as a critical mechanism for transectorial integration.
- Entities involved are MINAM (the system's rector and administrator), Sectorial/Regional/Local Competent Authorities, and environmental supervision and sanction bodies.
- MINAM's functions include norming, directing, and administering the SEIA, approving Strategic Environmental Assessments (SEAs), and managing the National Registry of Environmental Certifications (SINIA).
- Competent Authorities conduct the evaluation process, which involves Classification, Review, and Approval of Environmental Studies, and are responsible for issuing the final Environmental Certification.
- Key Instruments include Management Instruments (DIA, EIA-sd, EIA-d, EAE) used for environmental assessment, and Administrative Instruments (Norms, Project Lists, and Registries).
How is the Environmental Impact Assessment (EIA) Process Conducted for Investment Projects?
The Environmental Impact Assessment (EIA) process is a mandatory, participatory, technical-administrative procedure required for investment projects likely to generate significant environmental impacts. Its primary goal is to minimize, prevent, and mitigate these negative impacts before project execution. The resolution approving the EIA constitutes the mandatory Environmental Certification (CA). Competent Authorities, determined by the project's scope (national or regional/local), oversee the classification, evaluation, and approval stages, ensuring compliance with environmental standards and timely resolution of the assessment.
- General Provisions (Art. 14° & 15°) define the EIA as a participatory, technical-administrative process seeking to minimize, prevent, and mitigate negative impacts; Environmental Certification is mandatory for projects generating significant impacts.
- Classification and Terms of Reference (Art. 36° & 37°) categorize projects based on impact severity: Category I (DIA - mild), Category II (EIA-sd - moderate), and Category III (EIA-d - significant). Classification uses detailed criteria listed in Annex V.
- Projects subject to evaluation include new projects (listed in Annex II), modifications or expansions that generate greater impacts, and the reubicación (relocation) of existing projects.
- Evaluation Procedure and Certification (Art. 51° - 55°) details submission requirements (application, EIA, payment), strict evaluation deadlines (90 days for EIA-sd, 120 days for EIA-d), and mandates that the final resolution must include a summary of opinions and participation.
- The final Resolution Aprobatoria constitutes the Environmental Certification and obligates the project owner to comply with all stipulated environmental measures.
- Post-Approval Management and Obligations (Art. 26°, 30°, 31°) covers ongoing obligations such as the economic valuation of environmental impact, the requirement for an Environmental Management Strategy (for Cat. II and III), mandatory study updates every five years, and defined measures for project closure or abandonment.
- The CA loses validity after three years if works are not initiated, though an extension of two years may be granted.
What is the Purpose and Scope of the Strategic Environmental Assessment (SEA)?
The Strategic Environmental Assessment (SEA or EAE) serves as a crucial preventive management tool designed to internalize the environmental variable within high-level decision-making processes, specifically concerning policies, plans, and programs. The SEA must be approved prior to the execution of any national interest policies, plans, or programs. This ensures that environmental considerations are integrated early in the planning cycle, preventing potential conflicts and significant impacts that might otherwise arise later during project implementation, thereby promoting sustainable development.
- Purpose of the SEA (Art. 61°): The primary goal is to internalize the environmental variable into policies, plans, and programs, functioning as a preventive environmental management tool at high decision-making levels.
- Prior Nature of the SEA (Art. 62°): The SEA must be formally approved before the execution of any policies, plans, or programs deemed to be of national interest.
- Minimum Content Requirements (Art. 63°): The assessment must include an analysis of objectives and context, a thorough evaluation of general and specific goals, and a description of the current situation and the probable environmental evolution without the proposed plan.
Frequently Asked Questions
What types of activities require mandatory inclusion in the SEIA?
The SEIA is mandatory for all national, regional, and local authorities. It includes policies, plans, programs, and public or private investment projects that are likely to generate significant negative environmental impacts, requiring formal assessment.
How are investment projects classified under the EIA process?
Projects are classified into three categories based on impact severity: Category I (DIA) for mild impacts, Category II (EIA-sd) for moderate impacts, and Category III (EIA-d) for significant impacts, determining the required study level.
How long is the Environmental Certification (CA) valid if construction does not start?
The Environmental Certification loses its validity three years after approval if the project's construction or activities have not commenced. This validity period can be extended for an additional two years upon request.
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