EIA Law Matrix

EIA Law: Ley Orgánica del Ambiente de 2006, No. 5.833 Extraordinario

EIA Regulations: Decree No. 1.257 (Normas sobre Evaluación Ambiental de Actividades Susceptibles de Degradar el Ambiente)

Projects Requiring EIA: Government projects, Private projects

Abridged Assessments: Yes

Abridged Assessments Detail: There are two other levels of assessment. The first requires the presentation of a “Specific Environmental Assessment.” This assessment is used in cases of re-opening, closure, or transformation of an activity or project that would require a full EIA. It is also used in cases where the proposed project should not present a full EIA but the authority considers that there should be some environmental evaluation. The environmental authority will set-out the scope of this evaluation on a case by case basis. The second level is for projects or programs that do not require a full EIA or a Specific Assessment because of their low environmental impacts. In these cases, the Ministry, through a resolution, establishes a list of required documents for certain kinds of activities and/or projects. Decree 1.257, Articles 8, 9

Best Practices in Lieu of EIA: No

Who Conducts Screening: Government

Who Conducts Screening Detail: Decree 1.257, Article 4

Criteria for Screening: List or appendix of project or activity types, Other

Criteria for Screening Detail: In addition to the list of projects, the authority may required an EIA based on project characteristics, potential effects, and the conditions of the area to be affected by the project/activity. Decree 1.257, Article 5

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

Who Prepares EIA Detail: Decree 1.257, Article 10

Who Pays for EIA: Project Proponents

Who Pays for EIA Detail: This is not specifically addressed in the law or regulations, but presumed from the fact that the project proponent is responsible for preparing the EIA. See Decree 1.257, Article 10

EIA Contractor Qualifications: N/A

EIA Contractor Qualifications Detail: Contractors must register with the Ministry for the Environment. Decree 1.257, Article 34

Conflict of Interest: No

Terms of Reference: Yes

Terms of Reference Detail: The project proponent prepares the TOR for review and approval by the Ministry. Decree 1.257, Article 7

Days for Decision Maker Review: Not specified

Automatic Approval: N/A

Written Decision: N/A

Authority to Impose Conditions: N/A

Financial Assurances or Bond: N/A

Interdisciplinary Team: Yes

Interdisciplinary Team Detail: Decree 1.257, Article 7

Range of Alternatives: Yes

Range of Alternatives Detail: Decree 1.257, Article 7

No Action Alternative: No

Type(s) of Impact Analysis: Direct environmental impacts

Mitigation: N/A

Monitoring Plans: N/A

Public Notice of Draft EIA: Yes

Draft EIA Available: Yes

Public Notice of Final EIA: No

Final EIA Available: Yes

Final EIA Available Detail: Approved EIAs are available to the public at the offices of the Ministry for the Environment. Decree 1.257, Article 27.

Final EIA Locations: Agency or ministry office

Fee to View EIA Documents: N/A

Availability of Reference Studies: N/A

Public Notice of Final Decision: N/A

Public Notice of Final Decision Detail: N/A

Public Scopingtigation: N/A

Public Review of TOR: N/A

Public Participation Opportunities: Review of draft EIA, Public Meetings and/or public hearings

Public Meetings: Sometimes

Public Input at Meeting: Yes

Public Input at Meeting Detail: Decree 1.257, Article 26

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

Public Comments on Draft EIA: N/A

Response to Public Comments: N/A

Facilitation of Public Participation: N/A

Citizen Administrative Review: N/A

Citizen Judicial Review: N/A

Project Monitoring: N/A

Enforceability of EIA: N/A

Enforceability of Permit: N/A