Category I projects do not require an EIA. Category II projects are those with moderate impacts that can be mitigated with relatively simple measures. For these projects, a "semi-detailed" EIA is required (EIA-sd). Law No. 27446, Art. 4
Best Practices in Lieu of EIA:
Who Conducts Screening Detail:
Law No. 27446, Arts. 2, 4, 5
Criteria for Screening:
Proposed project or activity may cause significant environmental impact
Criteria for Screening Detail:
In determining whether an EIA is required, the environmental authority must consider environmental criteria, including protection of public health, natural resources, protected areas, flora and fauna, biological diversity, and cultural/architectural resources. Law No. 27446, Art. 5
Who Prepares EIA:
Project Proponent (with or without contractor)
Who Prepares EIA Detail:
"Environmental studies, schedules and other documents, must be signed by the owner and the professionals responsible for their preparation, also the environmental study must be signed by the representatives of the consultant in charge of processing. All documents submitted as part of the SEIA is an affidavit for all legal purposes, so that the owner, representatives of the consulting that makes it, and the other professionals that subscribe are responsible for the veracity of their content." Supreme Decree No 019-2009-MINAM, Art. 50
EIA Contractor Qualifications:
EIA Contractor Qualification Detail:
General regulations concerning contractor qualifications and registry are in Title V of Decreto Supremo No 019-2009-MINAM (Arts. 72-74). Where specific qualifications for EIA contractors are established, it is the responsibility of the ministry that oversees the particular sector. For example in the mining sector there is the "Register of Entities Authorized to conduct environmental impact studies" approved by Ministerial Resolution No. 580-98-EM/VMM.
Terms of Reference Detail:
Law No. 27446, Art. 8. The project proponent submits a draft terms of reference for the EIA with the licensing application.
Days for Decision Maker Review:
Automatic Approval Detail:
See Ley N° 29060- Ley del Silencio Admirativo Negativ
Written Decision Detail:
The authority must issue a written resolution approving or rejecting the project. Law No. 27446, Art. 54
Authority to Impose Conditions:
Authority to Impose Conditions Details:
The resolution may contain conditions. Law No. 27446, Art. 12(1)
Expiry of Decision Detail:
If the project proponent does not start activities within three years, it may request a 2 year extension.
Financial Assurances or Bond:
Financial Assurances Detail:
The project proponent, according to the general regulations on EIA, does not provide a financial guarantee except to cover implementation of the closure plan However, the mining sector is the only area where the criteria for financial guarantees is addressed in any detail.