Environmental Licensing of potentially polluting or environmentally degrading ventures in coastal or oceanic areas.
Atlantech aims to orient its customers in understanding the national environmental assessment system. Depending on the client’s needs, we can either provide simple guidance on how to obtain licenses from federal and state agencies, conduct part of the studies that make up an Environmental Impact Assessment (EIA), or even the entire EIA depending on the client’s needs.
The National Environmental Policy dictates the need for an Environmental Impact Study. It was established in Law 6938/81 that all activities that are effectively or potentially polluting must be submitted to environmental assessement.
Complementary Law 140 of December 8, 2011 and Decree No. 8,437 of April 22, 2015, establish which projects are regulated by the administrative procedure of the Federal Environmental Licensing (LAF) and must be submitted to Environmental Impact Assessment ( AIA), in order to avoid, minimize, repair and compensate for possible damages caused to the environment ( for physical, biotic and socioeconomic environments).
Law 6.938 / 81 also established the National Environmental System (SISNAMA), as the system composed of the organs and entities of the Union, States, Federal District, Territories and Municipalities, as well as the foundations established by the Public Power responsible for the protection and improvement of environmental quality. SISNAMA has its advisory and deliberative body called the National Council for the Environment (CONAMA), which is responsible for issuing the CONAMA Resolutions, which establish criteria and standards related to environmental protection and the sustainable use of environmental resources.
Law No. 7,735, dated February 22, 1989, created the federal agency known as Brazilian Institute for the Environment and Renewable Natural Resources (IBAMA), an agency linked to the Ministry of the Environment (MMA), whose objectives are the preservation, improvement and recovery of environmental quality, all the while ensuring economic development with the sustainable use of natural resources.
It is responsible for the execution of the National Environmental Policy, established by Law No. 6.938 / 81, as well as the attribution at federal level of granting environmental licensing of undertakings, environmental quality control, authorization of resource use (water, flora, fauna, soil, etc.), as well as environmental inspection, monitoring and control. To achieve its objectives, IBAMA was given the power of environmental police.
No, only those that are polluting or potentially polluting, or capable of generating environmental degradation, as defined by Art. 10 of Law 6938:
Article 10. The construction, installation, expansion and operation of establishments and activities that use environmental resources, effectively or potentially polluting or capable in any way of causing environmental degradation, will depend on prior environmental licensing.
It depends on the amplitude and location, or if more than one state is involved. Ibama is the body responsible for environmental licensing in the Federal sphere. In general, activities performed in oceanic areas, coastal or continental areas that involve more than one State of the Union require federal licensing. In any other case, they are subject to the licensing issued by the Environmental Foundation of each State and its legislation.
There are basically three licenses that can be issued by IBAMA: Preliminary License, Installation License and Operation License. Virtually every work is subject to these three licenses, except for some special cases, such as seismic research, mineral exploration and drilling, as well as any cases that may receive a single license for installation and operation.
1. Preliminary License (LP)
The Preliminary License (LP) issued by the Environmental Licensing Board (Dilic) certifies the environmental feasibility of projects, approving their location and design and establishing conditions to be met for the next phase.
Legislation Previous License (LP)
Law No. 6,938, dated August 31, 1981 Establishes purposes and mechanisms for formulation, application and other measures
for the National Policy on the Environment. Decree No. 99,274 of June 6, 1990 Regulates Law No. 6,902, of April 27, 1981, and Law No. 6.938, of August 31, 1981, which establishes, respectively, the creation of Ecological Stations and Protection Areas Environmental and National Environmental Policy, as well as other measures.
Conama Resolution nº 237 of December 19, 1997 Provides for the revision and complementation of the procedures and criteria used for environmental licensing
2. Installation License (LI)
The Installation License (LI) authorizes the installation of the enterprise or activity according to the specifications contained in the approved plans, programs and projects, including environmental control measures and constraints.
Legislation Installation License (LI)
Supplementary Law No. 140, dated December 8, 2011 Fixed standards, in terms of items III, VI and VII of the caput and the sole paragraph of art. 23 of the Federal Constitution, for cooperation between the Union, the States, the Federal District and the Municipalities in the administrative actions arising from the exercise of common competence regarding the protection of outstanding natural landscapes, the protection of the environment, the fight against pollution in any their forms and the preservation of forests, fauna and flora; and amends Law 6,938 of August 31, 1981.
Law No. 6,938, dated August 31, 1981 Provides for the National Policy on the Environment, its purposes and mechanisms for formulation and application, and other measures.
Decree No. 99,274 of June 6, 1990 Regulates Law No. 6,902, of April 27, 1981, and Law No. 6.938, of August 31, 1981, which establish the creation of Ecological Stations and Protection Areas Environmental and the National Environmental Policy and other measures respectively.
Conama Resolution nº 237 of December 19, 1997 Establishes the revision and complementation of the procedures and criteria used for environmental licensing.
3. Operating License (LO)
The Operation License (LO) authorizes the operation of the activity or enterprise, after verifying compliance of what is stated in the previous licenses with the environmental control measures and the conditions determined for the operation.
Legislation Operating License (LO)
Supplementary Law No. 140, dated December 8, 2011 Fixed standards, in terms of items III, VI and VII of the caput and the sole paragraph of art. 23 of the Federal Constitution, for cooperation between the Union, the States, the Federal District and the Municipalities in the administrative actions arising from the exercise of common competence regarding the protection of outstanding natural landscapes, the protection of the environment, the fight against pollution in any their forms and the preservation of forests, fauna and flora. It also amends Law 6,938 of August 31, 1981.
Law No. 6,938, dated August 31, 1981 establishes for the National Policy on the Environment, its purposes and mechanisms for formulation and application, and other measures.
Decree No. 99,274 of June 6, 1990 Regulates Law No. 6,902, of April 27, 1981, and Law No. 6.938, of August 31, 1981, which establish, respectively, the creation of Ecological Stations and Protection Areas Environmental and National Environmental Policy, and other measures.
Conama Resolution nº 237 of December 19, 1997 Determinates the revision and complementation of the procedures and criteria used for environmental licensing
4. Single environmental license for installation and operation
Authorizes the implementation and operation of the enterprise in activities related to sanitary sewage systems subject to the simplified environmental licensing of federal jurisdiction.
Legislation Seismic Survey License (LPS)
Complementary Law No. 140, dated December 8, 2011 Fixed standards, in terms of items III, VI and VII of the caput and the sole paragraph of art. 23 of the Federal Constitution, for cooperation between the Union, the States, the Federal District and the Municipalities in the administrative actions arising from the exercise of common competence regarding the protection of outstanding natural landscapes, the protection of the environment, the fight against pollution in any their forms and the preservation of forests, fauna and flora. It also amends Law 6,938 of August 31, 1981.
Law No. 6,938, dated August 31, 1981 Establishes for the National Policy on the Environment, its purposes and mechanisms for formulation and application, and other measures.
Conama Resolution No. 377, October 9, 2006 determinates simplified environmental licensing of Sanitary Sewage Systems.
5. Seismic Survey License (LPS)
The Seismic Survey License (LPS) authorizes sea seismic surveys and transition zones and establishes conditions, restrictions and environmental control measures that must be followed by the entrepreneur to carry out these activities.
Legislation Seismic Survey License (LPS)
Complementary Law No. 140, dated December 8, 2011 Fixed standards, in terms of items III, VI and VII of the caput and the sole paragraph of art. 23 of the Federal Constitution, for cooperation between the Union, the States, the Federal District and the Municipalities in the administrative actions arising from the exercise of common competence regarding the protection of outstanding natural landscapes, the protection of the environment, the fight against pollution in any their forms and the preservation of forests, fauna and flora. It also amends Law 6,938 of August 31, 1981.
Law No. 6,938, dated August 31, 1981 Establishes for the National Policy on the Environment, its purposes and mechanisms for formulation and application, and other measures.
Conama Resolution No. 350, July 6, 2014 Determinates the specific environmental licensing of seismic data acquisition activities at sea and in transition zones.
6. Prior License for Drilling
Authorizes the drilling activity in activities related to the exploration and mining of deposits of liquid fuels and natural gas.
Legislation Preliminary License for Drilling
Supplementary Law No. 140, dated December 8, 2011 Fixed standards, in terms of items III, VI and VII of the caput and the sole paragraph of art. 23 of the Federal Constitution, for cooperation between the Union, the States, the Federal District and the Municipalities in the administrative actions arising from the exercise of common competence regarding the protection of outstanding natural landscapes, the protection of the environment, the fight against pollution in any their forms and the preservation of forests, fauna and flora. It also amends Law 6,938 of August 31, 1981.
Law No. 6,938, dated August 31, 1981 Establishes for the National Policy on the Environment, its purposes and mechanisms for formulation and application, and other measures.
Decree No. 99,274 of June 6, 1990 Regulates Law No. 6,902, of April 27, 1981, and Law No. 6.938, of August 31, 1981, which establish, respectively, the creation of Ecological Stations and Protection Areas Environmental and National Environmental Policy, and other measures.
Conama Resolution nº 237 of December 19, 1997 Determinates the revision and complementation of the procedures and criteria used for environmental licensing
Conama Resolution No. 23 of December 7, 1994 Establishes specific procedures for the licensing of activities related to the exploration and mining of deposits, liquid fuels and natural gas.
Conama Resolution nº 237 of December 19, 1997 Determinates the revision and complementation of the procedures and criteria used for environmental licensing.
Amongst the most important CONAMA Resolutions for developments in coastal or oceanic areas, we have listed below those that we consider essential. In addition to the CONAMAS, some states issue their own resolutions, such as the state of Rio de Janeiro, whose Secretary of State for the Environment is responsible for the preparation of CONEMAS.
CONAMA Resolution No. 237/1997 – “Regulates the aspects of environmental licensing established in the National Environmental Policy” – Date of legislation: 22/12/1997 – DOU Publication No. 247, of 22/12/1997, pp. 30.841-30.843
CONAMA Resolution No. 269/2000 – “Regulates the use of chemical dispersants in oil spills at sea.” – Date of the legislation: 14/09/2000 – Publication DOU nº 009, of 12/01/2001, pp. 58-61 – Repealed by CONAMA Resolution No. 472, of November 27, 2015.
CONAMA Resolution No. 472/2015 – “Determinates the use of chemical dispersants in incidents of oil pollution at sea.” – Date of the legislation: 27/11/2015 – DOU Publication, 09/12/2015, pages 117-119 – Repeals CONAMA Resolution No. 269 of September 14, 2000.
CONAMA Resolution No. 274/2000 – “Revises the criteria for Balneability in Brazilian Waters” – Date of legislation: 29/11/2000 – DOU Publication No. 018, of 08/01/2001, pp. 70-71
CONAMA Resolution No. 293/2001 – “Establishes the minimum content of the Individual Emergency Plan for incidents of oil pollution originating in organized ports, port facilities or terminals, pipelines, platforms, and their respective support facilities, and guides their elaboration”. – Date of the legislation: 12/12/2001 – Publication DOU nº 081, of 29/04/2002, pp. 170-174 – Repealed by Resolution 398, of 2008.
CONAMA Resolution No. 398/2008 – “Establishes the minimum content of the Individual Emergency Plan for oil pollution incidents in waters under national jurisdiction originating in organized ports, port facilities, terminals, pipelines, land probes, platforms and their support facilities, refineries, shipyards, marinas, nautical clubs and similar facilities, and guides their preparation. ” – Date of legislation: 11/06/2008 – Publication DOU nº 111, of 12/06/2008, pp. 101-104.
CONAMA Resolution No. 344/2004 – “Establishes the general guidelines and minimum procedures for the evaluation of the material to be dredged in Brazilian jurisdictional waters, and provides other measures”. – Date of the legislation: 25/03/2004 – Publication DOU nº 087, of 07/05/2004, pp. 56-57 – Amended by Resolution 421 of 2010. Repealed by Resolution 454 of 2012.
CONAMA Resolution No. 421/2010 – “Provides for revision and updating of CONAMA Resolution No. 344, dated March 25, 2004.” – Date of the legislation: 03/02/2010 – Publication DOU nº 24, of 04/02/2010, p. 74 – Revoked by Resolution 454 of 2012.
CONAMA Resolution Nº 454/2012 – “Establishes the general guidelines and referential procedures for the management of the material to be dredged in waters under national jurisdiction.” – Date of the legislation: 01/11/2012 – DOU Publication, of 08/11/2012, Section 1, p. 66 – Revokes Resolutions 344 of 2004 and 421 of 2010.
CONAMA Resolution No. 350/2004 – “Provides for the specific environmental licensing of seismic data acquisition activities at sea and in transition zones.” – Date of the legislation: 06/07/2004 – Publication DOU nº 161, of 20/08/2004, pp. 80-81.
CONAMA Resolution No. 357/2005 – “Provides for the classification of water bodies and environmental guidelines for their classification, as well as establishing the conditions and standards for effluent discharge, and other measures.” – Date of the legislation: 17/03/2005 – Publication DOU nº 053, of 18/03/2005, pp. 58-63 – Amended by Resolutions 370, 2006, 397, 2008, 410, 2009 and 430, 2011. Supplemented by Resolution 393 of 2009.
CONAMA Resolution No. 397/2008 – “Amend insection II of 4th § and table X of § 5th, both contained in article 34 of the Resolution of the National Environmental Council-CONAMA No. 357 of 2005, which determinates the classification of bodies of water and environmental guidelines for their setting, as well as establishing the conditions and standards for the discharge of effluents. ” – Date of the legislation: 03/04/2008 – Publication DOU nº 66, of 07/04/2008, pp. 68-69 – Amended by Resolution 410 of 2009.
CONAMA Resolution No. 410/2009 – “Extends the deadline for completing the conditions and standards for the discharge of effluents, provided for in Article 44 of Resolution 357 of March 17, 2005, and in Article 3 of Resolution No. 397 of April 3, 2008. ” – Date of the legislation: 04/05/2009 – Publication DOU nº 83, of 05/05/2009, p. 106.
CONAMA Resolution No. 370/2006 – “Extends the deadline for completing the conditions and standards for the discharge of effluents, provided for in Article 44 of Resolution 357 of March 17, 2005” – Date of legislation: 06/04/2006 – Publication DOU nº 068, of 07/04/2006, p. 235 – Purpose Fulfilled.
CONAMA Resolution No. 377/2006 – “Establishes the simplified environmental licensing of Sanitary Sewage Systems” – Date of legislation: 09/10/2006 – Publication DOU nº 195, of 10/10/2006, p. 56.
CONAMA Resolution No. 393/2007 – “Provides for the continuous disposal of process or production water on offshore oil and natural gas platforms, and makes other provisions” – Date of legislation: 08/08/2007 – Publication DOU no. 153, of 09/08/2007, p. 72-73
CONAMA Resolution No. 430/2011 – “Provides conditions and standards for the discharge of effluents, complements and amends Resolution No. 357 of March 17, 2005, of the National Council for the Environment – CONAMA.” – Date of the legislation: 13/05/2011 – Publication DOU nº 92, of 16/02/2011, p. 89.
Links:
Law 6938: http://www.planalto.gov.br/ccivil_03/leis/L6938.htm
law compl 140: http://www.planalto.gov.br/ccivil_03/leis/LCP/Lcp140.htm
Decree 8.437: http://www.planalto.gov.br/ccivil_03/_ato2015-2018/2015/decreto/d8437.htm
CONAMA: http://www.mma.gov.br/port/conama/