Category 3 and 4 projects do not need a full EIA. EIA Regulations, Articles 15, 17. Category 3 projects only require mitigation and monitoring plan (Category 4 projects are completely exempt). The project proponent applies to the Authority for a screening decision to determine if an EIA is required. EIA Regulations, Article 39.
Best Practices in Lieu of EIA:
Who Conducts Screening Detail:
Environmental Act No. 1333, Article 27
Criteria for Screening:
List or appendix of project or activity types
Proposed project or activity may cause significant environmental impact
Criteria for Screening Detail:
During the Scoping process, project proponents must present a “Ficha Ambiental” (Environmental Factsheet) with information on the possible impacts of the project to the environment according to a specific methodology. If the authority considers that the project will cause significant environmental impact in one or more elements of the environment it will require the presentation of an EIA. The regulations list some projects that do not require a full EIA. See EIA Regulations, Articles 15, 16, 17. Article 16 offers a full list of factors to determine whether an EIA is required.
Who Prepares EIA:
Project Proponent (with or without contractor)
Who Prepares EIA Detail:
EIA Regulations, Articles 38, 51
Who Pays for EIA Detail:
EIA Regulations, Articles 38
EIA Contractor Qualifications:
EIA Contractor Qualification Detail:
There is a registration system for EIA contractors. EIA Regulations, Article 36. The National Regulations for Registration of Environmental Consultancy establishes the qualifications and registration requirements for EIA contractors. See http://jcmendo.com/doc/legislaciones/17.Reglamento%20de%20Registro%20de%20Consultoria%20Ambiental.pdf
Terms of Reference Detail:
The Terms of Reference will be established by the Competent Environmental Authority and shall define the purpose and scope of the environmental audit process. EIA Regulations Articles 111, 112.
Days for Decision Maker Review:
Automatic Approval Detail:
If the Authority does not make a decision within the time limits specified in the law, the project is deemed to have been approved. The mitigation measures proposed in the EIA will work as if they had been approved and established by the Authority. EIA Regulations, Article 79
Written Decision Detail:
The EIA Regulations do not explicitly specify whether the decisionmaker must issue a written decision (See Article 78). However, Article 83 of the EIA Regulations implies that the DIA (final decision) is a written decision.
Expiry of Decision Detail:
The 10 year validity period is established by the General Regulations on Environmental Management, Article 61. If the project is suspended for more than one year, the project proponent must present an updated study of current environmental conditions to, if it is the case, update the proposed mitigation measures before re-starting the project. EIA Regulations, Article 90
Financial Assurances or Bond: