Amendments to the regulation of environmental evaluation, control and monitoring

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On September 26, 2024, Governmental Agreement Number 148-2024 of the Ministry of Environment and Natural Resources was published in the Official Gazette to comply with and enforce the regime concerning the conservation, protection, sustainability and improvement of the environment and natural resources in the country.

A brief summary is presented below:

Environmental Instruments and Registration Activities must contain all information pertinent to the project, work, industry or activity in question, complying with the requirements and documentation established for each category of Environmental Instruments and Registration Activities. These documents must be physically submitted to the Directorate of Environmental Management and Natural Resources (DIGARN) or to the departmental delegations of the Ministry of Environment and Natural Resources (MARN), according to the category and departmental jurisdiction where the project is located or is intended to be developed. Alternatively, the presentation may be made through the digital platform developed by the MARN.

In case of physical filing, the file must be duly foliated, accompanied by a digital copy in PDF format, stored in a compact disk. This single file must include the complete documentation; when applicable, the corresponding scanned edicts must be added in another PDF file. Subsequently, the environmental evaluation will proceed according to the assigned category: high environmental impact projects (Category A), moderate to high impact (Category B) and low impact (Category C).

For the evaluation of each category, DIGARN or the Departmental Delegation will review the requirements, legal and technical documents submitted, verifying that the activity is correctly listed and complies with the requirements established for that category. This process must be completed within a maximum period of five (5) working days, starting from the assignment of the file to the corresponding assessor.

The proponent must request the issuance of the environmental license within a term not to exceed fifteen (15) working days, counted from the notification of the resolution approving the Environmental Instrument. In case a renewal or replacement of the license is required, it must be requested within thirty (30) days prior to its expiration.

 

The Agreement becomes effective on September 26, 2024.

For further information please contact our offices.

 

Mario Salazar                        mario.salazar@gt.Andersen.com

Mauro Hernández                mauro.hernandez@gt.Andersen.com

Evelyn Guerra                       evelyn.guerra@gt.Andersen.com