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Environmental

Licenses

The National Environment System (SISNAMA), Basically, there are three licenses at the federal
which includes local, state government envi- level, which can be issued individually or in suc- GOVERNMENT JURISDICTION CONCERNING THE ENVIRONMENTAL
ronment agencies, the National Environment cession, according to the nature, characteristics BODY LICENSING PROCESS
Council (CONAMA) and IBAMA, was created to and phase of the enterprise or activity:
facilitate the licensing process. An environmental FUNAI – National Indian Foundation Analyzes the impact on native/indigenous community land
license is always required before any potentially I. The Preliminary License – valid and proposals to control and mitigate them.
damaging and polluting activities take place in for no longer than five years; Analyzes the impact on descendants of slave community (Qui-
any part of Brazil. FCP – Palmares Cultural Foundation lombola) land and proposals to control and mitigate them.
Brazil’s environmental legislation is one of II. The Installation License - valid for a
the most complete in the world, and its Policy, minimum time established in the work IPHAN – Historic and Artistic National Analyzes the existence of safeguarded cultural assets
published in 1981, was the first real breakthrough schedule, but no longer than six years; and Heritage Institute identified in the area of direct influence of the activity and
concerning environmental protection and sustain- proposals to safeguard them.
ability. The mainstay of the Policy is strict liability III. The Operating License – valid for a Analyzes the impact on risk factors for the occurrence of
for factories, which, from that moment, became minimum of four years and maximum of ten MS – Ministry of Health malaria cases if the activity or enterprise is located in areas
accountable for the pollution they cause. Soon af- years. where malaria is endemic.
ter, laws were introduced authorizing public pros-
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ecutors and NGOs to act in defense of the environ- The Preliminary License (LP ) certifies the envi- Determines and grants an authorization for use of water ac-
ment. ronmental feasibility of the business, based on three ANA – National Water Agency cording to surface distribution and mediates its multiple uses
More recently, many improvements have aspects: the activity, the location and the impact. (water for drinking, irrigation, industry demands, etc).
been made by the Federal Government. A new It is important to mention that the LP does
Forest Code and a number of regulations regard- not authorize the installation or operation of the
ing environmental licensing proceedings covering enterprise; its purpose is to authorize the location
transmission lines, roads, ports and terminals, as and design of the project, attest to its environ-
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well as oil and gas exploration and production, mental viability and set forth the basic require- Following submission of the EIA/RIMA to Finally, the Operating License (LO ) must be
were put into force. ments and standards to be met in the next phases IBAMA, with the corresponding authorization for applied before initiating the proposed activity. In
The Ministry of the Environment has issued of the licensing process, taking into account the the enterprise and a public hearing, the applicant order to get it, a number of reports are required,
new rules to decrease the complexity of environ- different project alternatives and proposals sub- may obtain a Preliminary License. describing environmental mitigation measures,
mental licensing proceedings at the federal level, mitted by applicants. For enterprises and activities without signif- including those which were not mentioned or
as well as to the process up, as well as to assure During the LP phase, the proposal for the Term icant environmental impact, IBAMA may cancel were not accurately detailed during the Installa-
the interpretation of the law to mitigate risk for of Reference (TR ) should be forwarded to IBAMA the Previous License phase and require instead a tion License process. Inspection visits may occur
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investors. For instance, these rules establish for preparation of environmental studies. Once Simplified Environmental Study (EAS) and an En- at this stage.
deadlines for the Brazilian Institute of Environ- the TR is approved, the applicant should then pre- vironmental Control Plan (RAP).
ment and Renewable Natural Resources (IBAMA) pare the Environmental Impact Study (EIA) and As the second phase of the environmental li-
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to issue environmental licenses, and also to lim- the Environmental Impact Report (RIMA). censing process, the Installation Permit (LI ) au-
it the number of times that agency may request Although the documents are submitted to thorizes the installation of the enterprise/activity
additional information and/or studies from en- IBAMA for analysis, if necessary, other govern- and the start of construction work in accordance
trepreneurs in order to complement the environ- ment bodies may also contribute to the evalua- with the specifications contained in previously
mental licensing proceedings. tion, for example: approved plans, programs and projects.

16 Acronym in Portuguese. 18 Acronym in Portuguese. 19 Acronym in Portuguese.
17 Acronym in Portuguese.
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