EIA Law Matrix

EIA Law: Brazilian Constitution, Art. 225 sec. 1(IV); Supplementary Law No. 140 of 2011; Federal Law 6938 of 1981, Decree 99.274/1990; Federal Law 9.985/2000, Decree 4340/2002, Federal Law 10.650/2003

EIA Regulations: Resolutions of the National Environment Council - CONAMA 01/1986; 06/1987; 09/1987; 01/1988; 237/1997; 279/2001

EIA Guidelines or Other Guidance: General and Sectoral Guides

Projects Requiring EIA: Government projects, Private projects

Abridged Assessments: Yes

Abridged Assessments Detail: The national EIA system does not allow for abridged assessments, but several states use simplified environmental studies such as: Simplified Environmental Report; Environmental Feasibility Report; Environmental Assessment Report; Environmental Control Report; and Environmental Feasibility Study.

Best Practices in Lieu of EIA: No

Who Conducts Screening: Government

Criteria for Screening: List or appendix of project or activity types, Proposed project or activity may cause significant environmental impact

Criteria for Screening Detail: "In order to ensure the effectiveness of this right [to an ecologically balanced environment], it is incumbent upon the Government to. . . demand in the manner prescribed by law, for the installation of works and activities which may potentially cause significant degradation of the environment, a prior environmental impact study, which shall be made public[.]" Federal Constitution Chapter VI, Article 225, para. 1(4). Lists and appendices of project types are located in Annex I of the National Environment Council’s (CONAMA) Resolution 237/97 and in other State’s Regulatory Instructions and Ordinances.

Who Prepares EIA: Project Proponent (with or without contractor)

Who Prepares EIA Detail: Studies required for the licensing process should be conducted by professionals legally qualified at the expense of the project proponent. Project proponents and professionals that subscribe to the studies referred shall be responsible for the information submitted, subject to administrative sanctions, civil and criminal. CONAMA Resolution 237/87, Art. 11

Who Pays for EIA: Project Proponents

Who Pays for EIA Detail: The Project Proponent is responsible for all costs and expenses related to the completion of the environmental impact assessment. CONAMA Resolution 01/86, Art. 8

EIA Contractor Qualifications: Yes

EIA Contractor Qualifications Detail: Studies required for the licensing process should be conducted by professionals legally qualified at the expense of the project proponent. Project proponents and professionals that subscribe to the studies referred shall be responsible for the information submitted, subject to administrative sanctions, civil and criminal. CONAMA Resolution 237/87, Art. 11

Conflict of Interest: No

Terms of Reference: Yes

Terms of Reference Detail: The project proponent drafts the terms of reference based on the Terms of Reference Standard for the specific type of project, posted on the website of IBAMA. The TOR must be resolved within 60 days from the start of the process. Regulatory Instruction 184, Articles 8, 11

Days for Decision Maker Review: 60+

Automatic Approval: No

Written Decision: Yes

Written Decision Detail: The Brazilian Institute on the Environment and Renewable Resources (IBAMA) will issue a Conclusive Technical Opinion on the environmental feasibility of the project and send this to the President of IBAMA. The technical opinion will be made available on the IBAMA’s website. The last step of the licensing process is the Approval or rejection of the license application, giving appropriate publicity to the decision. CONAMA Resolution 237/97, Section VII, Art. 10

Authority to Impose Conditions: Yes

Authority to Impose Conditions Detail: One of three types of licenses (preliminary, installation, operational) may be issued. In each instance, the government has authority to include conditions or environmental control measures with the decision. CONAMA Resolution 237/97, Art. 8

Expiry of Decision: Variable (depending on type of authorization)

Expiry of Decision Detail: Preliminary License (LP): maximum 5 years; Installation License (LI): maximum 6 years; Operating License (LO): 4-10 years. CONAMA Resolution 237/97, Art. 18

Financial Assurances or Bond: No

Interdisciplinary Team: Yes

Range of Alternatives: Yes

No Action Alternative: Yes

No Action Alternative Detail: Although the law requires evaluation of a no action alternative, it is not implemented well in practice.

Type(s) of Impact Analysis: Direct environmental impacts, Cumulative environmental impacts, Social impacts, Cultural impacts, Health impacts, Economic impacts, Other

Mitigation: Yes

Mitigation Detail: The environmental impact study will develop at least the following technical activities: * * * Definition of mitigation measures aimed to reduce the negative impacts, including control equipment and systems for treating sewage, evaluating the efficiency of each. CONAMA Resolution 237/97, Article 6(III)

Monitoring Plans: Yes

Monitoring Plans Detail: The EIA must include a program to monitor and track of positive and negative impacts, indicating the factors and parameters to be evaluated. CONAMA Resolution 237/97, Article 6(IV)

Public Notice of Draft EIA: Yes

Draft EIA Available: Yes

Draft EIA Locations: Internet, Library, Agency or ministry office, Local government office

Public Notice of Final EIA: N/A

Final EIA Available: Yes

Final EIA Locations: Internet, Library, Agency or ministry office, Local government office

Fee to View EIA Documents: No

Availability of Reference Studies: No

Public Notice of Final Decision: No

Public Notice of Final Decision Detail: No

Public Scopingtigation: Yes

Public Review of TOR: Yes

Public Participation Opportunities: Scoping, Terms of reference, Review of draft EIA, Public Meetings and/or public hearings, Review of final EIA

Public Meetings: Sometimes

Public Input at Meeting: Yes

Criteria to Hold Public Meeting: Ministry or agency has discretion to decide whether to hold a meeting and/or hearing, Other

Public Comments on Draft EIA: Yes

Response to Public Comments: Yes

Response to Public Comments Detail: In the decision to grant or deny the environmental permit, the environmental agency should take into consideration the observations made by the public during the process of impact assessment. There is the possibility, based on the comments made, that further studies may be required of the project proponent.

Facilitation of Public Participation: Yes

Citizen Administrative Review: No

Citizen Judicial Review: Yes

Citizen Judicial Review Detail: Generally the courts analyze formal aspects, not going into the merits of the decision.

Project Monitoring: Yes

Project Monitoring Detail: Monitoring is conducted by the environmental agency, which generally has few financial conditions and materials to implement it appropriately. Typically the environmental agency relies on information submitted by the project developer, which is a problem.

Enforceability of EIA: Yes

Enforceability of Permit: Yes

Enforceability of Permit Detail: Although the option of private enforcement of the license or the EIA requirements exists, it is costly and would likely not be effective.