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Nicole Freire

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Nicole Freire is an experienced lawyer specializing in environmental, climate change and ESG matters. With over a decade of expertise, she has provided valuable counsel to both local and international companies in various sectors such as mining, hydrocarbons, electricity, and industrial and commercial fields. Nicole is well-versed in navigating the complexities of ongoing business development, administrative sanction proceedings, carbon markets and formulating strategic plans to secure environmental permits. Nicole has been recognized by The Legal 500 in its 2023 edition for Latin America, where she was honored as a "Rising Star" in Environmental Law.
Estudio Echecopar is a member firm of Baker & McKenzie International, a Swiss Verein

On 5 September 2024, Head Resolution No. 0357-2024-ANA was published, whereby the Regulation of Administrative Procedures for the Granting of Water Use Rights and Authorization for the Execution of Works in Natural Water Sources, approved by Head Resolution No. 007-2015-ANA, is amended. This amendment seeks to simplify the procedures for obtaining water use rights.

On 5 August 2024, Ministerial Resolution No. 435-2024-MTC/01.02 was published, approving the new Regulations on Aeronautical Infractions and Sanctions. The Regulations establish the classification of infractions related to Law No. 27,261, the Peruvian Civil Aeronautics Law. The Regulations incorporate Subchapter XV of the Peruvian Aeronautical Regulation on violations of environmental protection, aircraft noise reduction and the Carbon Offset and Reduction Scheme for International Aviation.

On 27 July 2024, Supreme Decree No. 014-2024-EM was published. It establishes a new exceptional and non-extendable deadline for submitting the Detailed Environmental Plan. 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.

On 20 August 2024, Head Resolution No. 0323-2024-ANA was published. Through it, the Regulation for the Granting of Authorizations for Discharge and Reuse of Treated Wastewater, approved by Head Resolution No. 224-2013-ANA, was amended. It aims to optimize the evaluation of the procedures for renewing authorizations to discharge and reuse treated wastewater.

On 26 July 2024, Supreme Decree No. 013-2024-EM was published, establishing a new exceptional and non-extendable deadline to submit the Detailed Environmental Plan and the Abandonment Plan, so that hydrocarbon sector companies in progress that do not have an environmental management instrument (IGA) in force and have built components or made modifications to the project without previously modifying the IGA may adapt their activities.

On 3 June 2024, the Regulations on hazardous substances for domestic, industrial and/or public health use (Supreme Decree No. 031-2023-SA) became effective. The purpose of the Regulations is to regulate and supervise the sanitary control of hazardous substances for domestic, industrial and/or public health use established in Chapter VI of Title II of Law No. 26842, General Health Law. The Regulations will be enforced by the General Directorate of Environmental Health and Food Safety (DIGESA) of the Ministry of Health.

On 3 May 2024, Supreme Decree No. 004-2024-MINAM was published, amending the Regulations of Law No. 27446 (Law of the National Environmental Impact Assessment System (SEIA)). Its purpose is to standardize criteria for processing environmental certification requests and to promote the environmental impact assessment (EIA) procedure when binding technical opinions and observations are delayed.