In brief
On 27 July 2024, Supreme Decree No. 014-2024-EM (“Supreme Decree“) was published. It establishes a new exceptional and non-extendable deadline for submitting the Detailed Environmental Plan (PAD). Owners of mining activities that have an environmental management instrument (IGA) in force and have built components or made modifications to the project can adapt their activities without previously having the IGA modified. Likewise, the procedure for evaluating mine closure plans has been optimized.
The main provisions of the Supreme Decree include the following:
1. Acceptance of the PAD
Owners of mining activities must communicate to the General Directorate of Mining Environmental Affairs of the Ministry of Energy and Mines (DGAAM) and to the Environmental Evaluation and Oversight Agency (OEFA) any component or modification they wish to regularize, within a maximum period of 90 working days from the publication of the Supreme Decree.
The communication must contain the following information:
- Detailed description of the components built or modifications made
- Location of the components or modifications in UTM coordinates (WGS 84)
- Dated photographic records that provide evidence of the level of implementation of the components or modifications
- Optionally, minutes, reports or resolutions of administrative measures issued by the OEFA or other documentation can be submitted to demonstrate the existence of the components or modifications that require adaptation.
2. Presentation and evaluation of the PAD
Once the initial period of 90 working days has expired, the mining activity owners have an additional 180 working days to submit the PAD to the DGAAM. It should be noted that, to evaluate the PAD, the DGAAM must verify whether the mining activity owner previously communicated its acceptance of the PAD.
In addition, we highlight the following considerations:
- Approval of the PAD implies the culmination of the adequacy process, without prejudice to the obligation of the mining activity owner to incorporate all the components approved in the PAD, in the next modification or update to the Environmental Impact Study and Mine Closure Plan.
- Approval of the PAD is equivalent to granting environmental viability to the evaluated component. However, it does not exempt the mining company from the corresponding sanctions imposed by the competent authorities for not having the required environmental certification and permits.
- Approval of the PAD entitles the mining activity owner to submit the corresponding authorizations to the General Mining Directorate the National Water Authority or any other entity whose authorization is required.
- The PAD is not applicable for components or modifications that are in the process of being evaluated or that have been previously evaluated or rejected by the DGAAM or SENACE.
3. Evaluation of closure plans
The approval procedure for Mine Closure Plans1 has been reduced from 160 working days to 60 working days, without affecting citizen participation mechanisms. This procedure also applies to modifications and/or updates to the Mine Closure Plan.
4. Auxiliary components prior to Supreme Decree No. 040-2014-EM and implemented by resolutions of administrative measures issued by the OEFA
The mining activity owner that has environmental impact assessments approved prior to Supreme Decree No. 040-2014- EM2, which does not specify the characteristics of auxiliary components or other information about the auxiliary components, or have resolutions of administrative measures issued by the OEFA, may incorporate the auxiliary components built in the modification or update to the environmental study that the mining unit has.
To do so, the modification or update must contain the following:
- Description of the auxiliary component as part of the background and/or description of the project, indicating the authorization or environmental study where it is included and/or that supports its execution and/or resolutions of administrative measures issued by the OEFA that support the existence of the component
- Information on the environmental management measures corresponding to the component
We hope that this information will be useful to you and your company. Please do not hesitate to contact us if you require any advice in this regard.
Click here to read the Spanish version.
1 Articles 13 and 71 of the Mine Closure Regulation, approved by Supreme Decree No. 033-2005-EM, have been amended.
2 Environmental Protection and Management Regulations for mining, processing, general labor, transportation and storage activities.
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