Terminology

Abbreviations (in national language) usedin regulations

Common abbreviations:EIA: Environmental Impact AssessmentEIS: Environmental Impact StudySEA: Strategic Environmental Assessment

LGA: General Law on the Environment (LawNo. 25,675)

Note: There are sectoral and provincial EIAregulations, but no general regulation atthe federal level

DOE: Department of the EnvironmentNEAC: National Environmental Appraisal

Committee

DIA: Environmental Impact Statement CD: Certificate of Compliance FA: Environmental FileOTB: Registered Local Grassroots

OrganizationPASA: Environmental Implementation and

Monitoring Plan

RIMA: Environmental Impact Report CSMA: High Council on the Environment

(Conselho Superior do Meio Ambiente)

DIA: Environmental Impact Statement(Declaración de Impacto Ambiental)

SEIA: Environmental Impact AssessmentSystem

AAU: Urban Environmental Authority CARs: Regional Autonomous Corporations

(includes Sustainable DevelopmentCorporations)

LA: Environmental License

SETENA: National Environmental TechnicalSecretariat

DIA: Environmental Impact Statement LA: Environmental License PMAA: Environmental Management and

Adaptation Program (Programa deManejo y Adecuación Ambiental)

SUMA: Unified System of EnvironmentalManagement

LA: Environmental LicenseFA: Environmental File (Ficha Ambiental)

FA: Environmental Form (FormularioAmbiental)

SINAMA: National System of EnvironmentalManagement

EAE: Strategic Environmental Assessment EAI: Initial Environmental Evaluation ERA: Environmental Risk Assessment SIA: Social Impact Assessment EEA: Evaluation of Cumulative Impacts

EP: Environmental Permit EISt: Environmental Impact Statement

DECA: Office of Environmental Evaluationand Oversight

MIA: Environmental Impact Assessment(Manifestación de Impacto Ambiental)

IP: Preventive Report (Informe Preventivo)

FA: Environmental Form DIA: Environmental Impact Statement

DIA: Environmental Impact Statement EP: Preliminary Study RA: Environmental Resolution AC: Responsible AuthorityAS: Sectoral Authority

DIA : Environmental Impact Statement RIMA: Environmental Impact Report

AC: Responsible Authority in each sector EIA-d: Full Environmental Impact

Assessment EIA-sd: Partial Environmental Impact

Assessment

AAP: Prior Environmental Authorization EsIA-p: Sectoral or Partial Environmental

Impact Study EsIA-c: Full Environmental Impact Study

MA: Ministry of the People’s Power for theEnvironment (Ministerio del PoderPopular para el Ambiente)

Argentina

Belize

Bolivia

Brazil

Chile

Colombia

Costa Rica

DominicanRepublic

Ecuador

El Salvador

Guatemala

Guyana

Honduras

Mexico

Nicaragua

Panama

Paraguay

Peru

Uruguay

Venezuela

Citizen Participation

Provisions for the involvement of thegeneral community or specific parts of thecommunity as well as those directlyinterested in the EIA process

LGA mandates citizen participation in EIAprocess; procedures for authorizingactivities that can generate significantnegative environmental impacts mustinclude public hearings

Public must be consulted during preparationof EIS; DOE sets procedures for publicconsultation and submission of comments;a public hearing can be held byrecommendation of the NEAC

Any individual can present observations,criticisms, and proposals through OTBduring the stages of FA review,classification, EIS review, and authorizationof the DIA

Interested parties can present observationson the RIMA within a specified period

The responsible authority can hold a publichearing if deemed necessary

CONAMA and COREMA determine specificparticipation mechanisms

Community organizations and directlyaffected individuals can submit commentson EIS within a specified period

Any individual may intervene in anadministrative procedure for environmentalpermits and licenses

Certain authorities and members of publicmay request public hearing under certainconditions

Any individual has the right to be heard bySETENA and to present comments at anystage of EIA process or operational phase

Stakeholders consulted through a hearingduring preparation of EIS

SEMARN conducts consultations and requestcomments during EIS review

SEMARN holds hearings when required

Public consultation required (meetings,workshops, hearings, information centers,and Internet) for setting priorities forstudies, criteria for TORs, and prior topresentation of EIS

Whoever feels affected can express anopinion or submit comments; in specialcases there must be a public hearing in themunicipalities where the activity will takeplace

Proponent must consult population duringpreparation of SIA; public can presentcomments and opinions during evaluationof SIA

Public can participate in scoping process,preparation and evaluation of EIS, andcommentary to EPA

EAB can determine if public hearing isrequired before issuing recommendation

EIS is made available to the public so thatcomments can be submitted

File available to public; SEMARNAT canconduct public consultations if requestedby member of affected community; inspecial cases public meetings held forinformation and feedback

Any party can present opinions orsuggestions on the environmental impactdocument, through procedures establishedby MARENA

Proponent must involve public duringpreparation of EIS; ANAM consultscommunity and gathers comments duringevaluation of EIS

In some cases, a public hearing is required

SEAM sets rules for community participationand consultation in project area; can holdhearings to get community feedback

Proponent must consult population duringpreparation of EIS

Responsible authority conducts formalconsultation for EIA-d or EIA-sd

Public hearings mandatory for EIA-d, optionalfor EIA-sd; public can comment

Interested parties can express opinionsduring evaluation; public hearings held inspecial cases

MA can order a review process and publichearing for EIS

Dissemination

Public notification and dissemination ofinformation generated in the EIA process

Authorities must allow public access to anynonclassified environmental informationthat they manage

After EIS has been presented it must beannounced through the media and madeavailable to the public

Proponent must present an EIS summary

Summary of EIS required; synthesis of DIApublished in MSD Bulletin

Public can access information onclassification and execution of EIS,except when it is legally protected

EIA and EIS forms available to public

The information in the RIMA must becomprehensible

The public must have access to the RIMAin locations determined by regulation

The license request must be published

A summary of the EIS must be submittedAn abstract must be publishedThe EIS file is open to the public, except

for legally protected information

Responsible authority must publish actinitiating EIA procedure, and itsdecision, in official Bulletin

Anyone can request to be notified ofdecision; information is publicthroughout process

EIA file is public and must be made availableto any individual or organization

SETENA must disseminate list of studies ithas received and send EIS abstracts tomunicipalities

Proponent must inform public, throughmedia, of intention to carry out projectand provide pertinent information on it

The EIS must be available to the publiconce it has been submitted

Executive summary of the EIS must bepresented

AAN maintains a national public registry ofenvironmental files and licenses

EIS is publicly disclosed throughpublication in print media with nationalcirculation in a format designated by theMinistry

DGGARN orders publication ofannouncement or decree, with basicinformation about project, industry,works, or activity, in a daily newspaperwith nationwide circulation

Existence of project is announced in adaily newspaper

EIS and EISt (summary of EIS) areavailable to public

Once project has been registered, thepublic must be notified; all informationfrom the EIA process is public

SEMARNAT publishes weekly list of IPs andMIAs; files of MIA assessments availableto public; any citizen can request publichearing

MARENA publishes notice in nationalperiodical of public availability of DIA,including hours and locations where itmay be consulted

ANAM discloses and makes EISpresentation available to public

Proponent publishes abstract andfacilitates public access to EIS and otherdocuments

EIA must be available to the public inparts of the country

EIS available to public and must includebrief summary

EsIA-d and EsIA-sd available in regionaloffice of the sectoral agency

Project summary available to public for setperiod; advance project informationpublished in Diario Official and othernewspapers

Approved EIS will remain available to thepublic at MA

Reports

Provisions regarding the informationthat those undertaking an activityhave to submit to the authority orto the public throughout theactivity’s development

LGA requires that all parties submitinformation on the environmentalquality of activities they undertake,with the exception of legallyprotected information

No provisions in the law

PASA must include presentation ofannual technical reports

No provisions

The follow-up plan determines theperiod and frequency of submissionof reports to the responsibleauthority

Reports can be requested during theoversight and monitoring process

Person responsible for project’s environ-mental aspects must keep writtenrecord on implementation of EMPand present periodic progress reports

For permit or license to remain valid,periodic reports are required onself-monitoring compliance, as wellas Report on EnvironmentalMonitoring to Obtain a ComplianceCertificate

Proponent must send reports tocorresponding AAA with results ofthe EMP and all othercommitments, with a frequency anddetails established in the LA

Monitoring component in theEnvironmental Management Programmust include parameters forverification and reporting

Complementary instruments (ICOs)guarantee maintenance of anefficient and effective informationsystem for the environmentalauthority

No provision for reports

No provisions in the law

SEMARNAT can require responsibleparties to present information oncompliance with environmentalprovisions

No provisions in law or regulations

Proponent must submit reports toANAM on results of compliancewith EMP and environmentalmonitoring

No provisions

No provisions for submission ofreports

No provisions

Responsible parties, or theirconsultant, must present reports inaccordance with EnvironmentalSupervision Plan

Monitoring

Monitoring and supervision that publicauthorities conduct regarding fulfillment ofthe requirements placed on thoseundertaking an activity subject to EIA

No provisions at the federal level

The DOE has jurisdiction over investigationsand inspections to ensure compliance withregulations established by law

PASA establishes methods and times ofinspection and supervision

Authorities monitor, supervise, and overseeapproved mitigation measures and PASA

Environmental audits can be required

EIS includes preparation of a Support andMonitoring Program that also defines theparameters that must be considered

Agencies of SEIA enforce the rules andconditions that have been established;there is a monitoring plan

Environmental authorities are responsiblefor supervision and monitoring at allstages

MAVDT establishes relevant criteria in theSupervision Manual

SETENA established procedures forsupervision and oversight, and isresponsible for monitoring and enforcingcompliance with EIA requirements

PMAA must include an oversight subprogramand self-monitoring program

SEMARN conducts inspections andenvironmental audits

Internal monitoring by proponent,environmental control by AAA, andenvironmental auditing and supervision bycommunity; General Accounting Office canaudit directly or through contractors

Environmental Management Programincludes a monitoring component, whichhas to be applied during all stages

Monitoring and supervision; informationgathered to determine compliance andidentify the amounts of pollution;environmental audits, systematic anddocumented verification

Self-monitoringEPA and regulatory agencies conduct

inspections

DECA is in charge of monitoring andoversight

SEMARNAT must inspect and monitorcompliance with regulations and therequirements that are based on them

Environmental license sets monitoringrequirements and specifies howmonitoring and compliance with itsprovisions must be carried out

Proponent conducts monitoring and submitsreports to ANAM according to set schedule

ANAM certifies environmental auditors toevaluate and support monitoring andoversight programs

SEAM conducts follow-up and monitorscompliance with DIA

Responsible authority does follow-up,evaluation, and oversight, either directlyor through qualified and registered firmsand institutions

Monitoring plan for follow-up, supervision,and auditing of relevant environmentalfactors must be included in EIS

Environmental Supervision Plan

Environmental Authorities

Entities and authorities with responsibility forenvironmental issues, particularly regardingEIA

Secretary of Environment and SustainableDevelopment

Minister of Natural ResourcesLocal governmentsDOENEAC

MDS: Ministry of Sustainable Development Vice Ministry of Natural Resources and

EnvironmentDepartmental governmentsMunicipal governments

CSMACONAMA: National Environmental Council IBAMA: Brazilian Institute for the

Environment and Renewable NaturalResources

SISNAMA: National Environmental System

CONAMA: National EnvironmentalCommission

COREMA: Regional EnvironmentalCommission

Agencies with environmental and sectoralresponsibilities

MAVDT: Ministry of the Environment,Housing, and Territorial Development

CARsAAUs (in cities larger than 1 million and in

historic and tourist districts)

SETENA

SEMARN: Ministry of Environment andNatural Resources

AAN: National Environmental Authority AAA: Environmental Enforcement Authority AAAr: Responsible AAAAAAc: Cooperating AAA

MARN: Ministry of Environment and NaturalResources

DGGARN: General Office of Environmentaland Natural Resources Management

MARN: Ministry of Environment and NaturalResources and its local offices

EPA: Environmental Protection Agency EAB: Environmental Assessment Board Sectoral agencies

DECA

SEMARNAT: Ministry of Environment andNatural Resources

MARENA: Ministry of Environment andNatural Resources

ANAM: National Environmental Authority UAR; Regional Environmental Unit UAS: Sectoral Environmental Unit

SEAM: Ministry of Environment General Office for Oversight of

Environmental Quality and NaturalResources

National and sectoral agencies withenvironmental responsibilities

INRENA: National Institute of NaturalResources

MITINCI: Ministry of Industry, Tourism,Integration, and International TradeNegotiations

MVOTMA: Ministry of Housing, RegionalPlanning, and Environment

DINAMA: National Environment Office

MA

Legal Character of EIA

Legal character of EIA instruments

Instrument of environmental policy andmanagement

Instrument for analyzing impacts and risksand for recommending mitigationmeasures

Instrument for environmental planning;technical procedures, studies, andsystems to determine the environmentalimpact of works, activities, or projects;environmental licensing (DIA)

Requirement for a permit prior toconstruction, installation, expansion, oroperation of facilities and activitiescovered by the regulations

Procedure to determine if theenvironmental impact of an activity orproject complies with prevailingregulations

Authorization to carry out works oractivities, subject to meeting conditionsfor prevention, mitigation, remediation,compensation, and management ofenvironmental impacts

Required prior to beginning specificactivities, works, or projects

Instrument for environmental policy andmanagement

Instrument for applying environmentalregulations; guarantees that officialsand public have access to environmentalinformation on activity or project priorto implementation decision; sustainabledevelopment

SEA: Environmental impacts of policies,plans, and programs

EIA: Ensures that activities, works, andprojects follow procedures to identifyand quantify impacts and mitigationmeasures

Instruments to systemically identify andevaluate the environmental impacts of aproject, work, industry, or other activityduring its planning, implementation,operation, and closure

Instrument to provide information foridentification and planning to helpavoid or minimize environmentalimpacts and strengthen sustainabledevelopment

Process aims to identify, predict, anddescribe possible positive and negativeimpacts of project and propose measuresto mitigate negative impacts and a planfor oversight and monitoring

Procedures protect environment and avoidor reduce negative impacts by settingconditions for construction or activitiesthat could disrupt ecological balance orviolate established limits and conditions

Instrument for environmental policy andmanagement, consisting of procedures,studies, and technical systems forpredicting the impacts of a specificwork, activity, or project

Instrument for environmental management;early warning system based oncontinuous analysis that enablespreventive decisionmaking to protectenvironment

Environmental policy instrument to ensuresystematic examination of environmentalimpacts of an action and its alternatives

Instrument for environmental management,policy implementation, andenforcement; ensures public right toinformation and participation;instrument for decisionmaking onenvironmental viability

Instrument for environmental management

Part of process for incorporating environ-mental concerns in policies, plans,programs, and projects; predict and assessimpacts; verify compliance with decrees

Goal

Activities subject to EIA; distinguishesbetween countries in which EIA refersonly to projects and works and those thatalso include policies, plans, and programs(SEA)

Only EIA: works and activities areevaluated

Only EIA: projects, programs, and activitiesare evaluated

EIA: works, activities, and projects areevaluated

SEA: plans and programs are evaluated

Only EIA: facilities and activities areevaluated

EIA: activities, projects, and regional urbandevelopment plans are evaluated

Only EIA: works and activities areevaluated

Only EIA: activities, works, projects, andregulatory plans are evaluated

EIA: projects, civil works, industry, andactivities evaluated

SEA: public administration policies, plans,and programs evaluated

Only EIA: activities, works, and projects areevaluated

EIA: activities, works, and projectsevaluated

SEA: policies, plans, and publicadministration programs evaluated

EIA: projects, works, industries, andactivities evaluated

SEA: national and governmental policiesand plans, projects of transnationalsignificance evaluated

EIA: execution of projects is evaluatedSEA: policies, plans, and programs are

evaluated if they significantly affect theenvironment

Only EIA: projects, industrial facilities, andany other public and private activity areevaluated

EIA: works and activities are evaluatedIn SEA, plans and partial programs for

urban development and/or ecologicalplannning are evaluated

Only EIA: activities, works, and projects areevaluated

Only EIA: activities, works, and projects areevaluated, as well as some sectoraldevelopment plans

Only EIA: works and activities areevaluated; but in the regulations aproposed action is defined as a project,program, plan, or policy

EIA: works and activities are evaluatedSEA: public policies, plans, and programs

are evaluated

Only EIA: activities, construction projects,and works are evaluated

EIA and SEA: policies, plans, programs andprojects are evaluated

Terms of Reference (TORs)

Who defines the content of the TORs andwho conducts the corresponding study

Specific laws determine requirements forEIS; for hydroelectric plants, regulationsdetermine content of the EIS, which isconducted by an interdisciplinary team

Ministry regulation prescribe content andguidelines; proponent submits draft TORsfor DOE approval; DOE can provide TORs inresponse to a specific request; study mustbe conducted by qualified individuals

Regulations establish basic contentFor Category 2, the responsible authority

defines the scope of the EISAn interdisciplinary consulting team must

prepare the EIS

Regulations define general guidelines and tech-nical activities; IBAMA or others can setadditional guidelines; the responsibleauthority determines the necessary studies;the study must be conducted by a qualifiedmultidisciplinary team that is not linkeddirectly or indirectly with the proponent

Regulations establish minimum contentThere is no specific provision for who can

conduct the study

MAVDT issues TORs for each sectorEnvironmental authorities can adapt TORs

or create new ones if needed; generalmethodology for EIS defined by MAVDT

No regulation on who carries out study

SETENA prepares guidelines (and if necessary,TORs) for activities, works, and projects;

EIS conducted by interdisciplinary team ofregistered consultants

SEMARN regulates norms for preparation ofEIS and determines TORs for each projector approves specific TORs

Procedures for defining TORs established byAAAr; proponent presents TORs; authorityapproves and can modify scope and focusor TORs

Study conducted by multidisciplinary team

Ministry establishes guidelines EIS has to be conducted by a

multidisciplinary technical team

DGGARN designs and issues TORs within itsarea of authority and determines, withministerial agreement, TORs for each EIAcategory

SIA carried out by registered consultants

EPA defines TORs with help of consultantsStudy must be conducted by independent,

qualified individual approved by EPA

TORs for each project prepared andapproved by a DECA team; TORs can beproposed by proponent

EIS prepared by qualified individuals

SEMARNAT provides guidelines for thepresentation of MIA and IP

IP and MIA can be prepared by anyindividual

MARENA issues technical rules, orders, andguidelines for EIS

Specific TORs developed by MARENA andproponent in coordination with sectoralauthority

Study conducted by interdisciplinary team

Regulations set minimum contents of EIS;ANAM issues scope, guidelines, and TORs

Study conducted by multidisciplinary teamregistered and certified by ANAM

SEAM sets TORsStudy must be conducted by environmental

consultants listed in the TechnicalRegistry (Catastro Técnico)

Regulations determine contentInterested party presents TORs and

authority approvesStudy prepared by authorized organizations

with multidisciplinary team

Law determines general requirements Suitable professional must be responsible

for study

Ministry approves project-specific TORsbased on the proponent’s proposal; studyprepared by interdisciplinary team ofregistered consultants

Institutional Coordination

Consultation with public entities andorganizations in the EIA process

No provisions in LGA

The NEAC reviews the EIA and submitsviews to DOE

Sectoral agencies issue reports on theFA and EIS

If there are cross-sectoral repercussions,a cross-sectoral working group isformed to provide reports onclassification and EIS

Public agencies that are interested in ordirectly related to the project receivea copy of the RIMA

Input must be accepted from thesectoral agencies that issueenvironmental permits, as well as anyother agencies that have a role orresponsibility in the matter

Law establishes period for responsibleauthority to request technical ideas orreports from other entities and periodfor reports to be submitted

Public officials have right to provideinputs or voice opinions to SETENAduring EIA process and in operationalphase of the works or project

The responsible sectoral agencies andlocal governments must be consultedprior to issuance of environmentalpermits or licenses

AAAc with relevant responsibilities

If quality of life, human health, andwell-being may be affected, a publichearing must be organized in affectedmunicipalities, with participation ofmunicipal governments

Regulations enable DGGARN and MARNto request opinions of other publicentities and sets period during whichthey must be submitted

EAB must express its opinion prior tothe decision to issue an EP

No provisions in the law

SEMARNAT authorized to requesttechnical opinions from other federalagencies; in some cases, state andmunicipal governments must benotified and have opportunity tocomment

MARENA must consult on the study withsectoral organizations and municipalgovernments

Regulations establish obligation torequest and provide opinions of publicagencies related to the issues,environmental components, orimpacts of the project

SEAM can consult institutions andagencies likely to be affected byprojects

Responsible authorities can establishreview mechanisms with sectoral,regional, or local authorities;participation must be sought fromofficials responsible for relevant fields

MVOTMA requires guidance fromnational or departmental agenciesinvolved with works projects

Regulations set period for submittingopinions

No provisions in the regulations

Decisionmaking Responsibility

Authority responsible for finaldecision in the EIA process

Secretary of Environment andSustainable Development

DOE

Vice Minister of Natural Resourcesand Environment

Departmental governmentsMunicipal governments

States, municipalities, and insome cases IBAMA

COREMAExecutive Director of CONAMASectoral permits: responsible

ministries or sectoral agencies

MAVDTCARsAAUs

SETENA

SEMARN

AAAr accredited by SUMA

MARNIn SEA, each entity or institution

conducts the evaluation basedon MARN’s guidelines

DGGARN

EPA

DECA

SEMARNATStates

MARENA

ANAMUARs and UASs that have been

trained and qualified by ANAM

General Office for Oversight ofEnvironmental Quality andNatural Resources

Sectoral ministry

MVOTMADINAMA carries out the process

MA

Scoping

Procedure by which scope and focus of EIA isdefined (through dissemination of information tostakeholders and consultation on plannedactivity); if there is no specific procedure, theregulations define the minimum scope

No provision; the scope includes analyzing actionsthat damage the environment or thatsignificantly affect the population’s quality oflife

Minister regulates EIA procedures; scope includesidentifying and analyzing impacts on people,the environment, natural resources, culturalheritage, landscapes, and ecological balance

No formal scoping procedureThe proponent must consult the community during

the project classification stage and beforecarrying out the EIS

The regulations specify the impacts that the EIAmust address

When requiring an EIS, the relevant authority willspecify additional guidelines in accordance withthe project’s particular features and the area’senvironmental characteristics

No formal scoping processScope includes potential impacts on human

health, natural resources, social conditions,protected areas, landscapes, tourism, andcultural, anthropological, archaeological, andhistorical heritage

No formal scoping processScope includes impact on elements of the biotic,

abiotic, and socioeconomic environments thatcan suffer degradation, including significantchanges to landscapes

No scoping procedure provided in the law

Consultations in project area required duringpreparation of EIS

Scope includes impacts on natural resources,environmental quality, health, and psychologicaland moral welfare

Proponent must consult community beforepreparing TORs

Scope includes impacts on people, biodiversity,nature, ecosystems, public tranquility, historic,scenic and cultural heritage, physical, biotic,sociocultural, and public health environments

No formal scoping procedureScope includes potential impacts on the

environment and population (physical,biological, socioeconomic, and culturalenvironments)

No formal scope-setting procedureScope includes identifying and systematically

evaluating the environmental impacts of aproject, work, industry, or activity

Process for public consultations led byconsultants; identifies potential environmentalimpacts of project and its alternatives

Process facilitated by EAB; scope determined byEPA

Once project is registered with DECA, an Ecologicaland Environmental Impact Analysis is carriedout to define EIA scope and allow publicparticipation

No formal scoping procedureScope includes consideration of ecosystems, their

preservation and restoration, and protection ofthe environment

No formal scoping procedureScope includes activities that can damage the

environment and natural resources or havenegative socioeconomic, cultural, biotic, abiotic,or aesthetic impacts

No scoping process prior to EIS; consultationoccurs after EIS is presented

Scope includes impacts on human health, flora,fauna, renewable and nonrenewable naturalresources, protected areas, landscapes, society,and anthropological, archaeological, historic, orcultural heritage

Interested parties can be consulted about possibleimpacts

Scope includes impacts on life, biodiversity,natural resources, welfare, health, security,habits and customs, cultural heritage, and wayof life

No scoping process; community consultationpossible during project classification stage

Scope includes impacts on physical and socialenvironment

No scoping processScope includes impacts on public health, security,

or quality of life; aesthetic, cultural, or sanitaryconditions; and composition, quality, anddiversity of natural resources

No scoping processScope includes impacts on physical, natural, and

socioeconomic environments

Screening

Procedure to determine whether an activityis subject to EIA and the extent of therespective study

The authorities determine if an EIS isnecessary, based on sworn statementsabout whether the work or activityaffects the environment

Minister issues regulations listing projectsthat (a) require, (b) do not require, and(c) may require EIA depending on sizeand location. DOE conducts selectionprocess based on established criteria

Based on FA, the relevant authority appliescriteria set by regulations to determineEIA category; regulations include list ofexempted activities, for which a CD(waiver) is issued

CONAMA’s regulations include a list ofprojects that must have anenvironmental license; based on the list,the responsible authorities define thecriteria used to determine whether anEIA is required

Projects or activities specified in law andregulations; EIS is required if project oractivity causes any impacts identified inlaws or regulations, otherwise only DIAis needed; includes thresholds

Law and regulations define projects, works,and activities that require EIA

Law and regulations determine whichactivities, works, and projects do and donot require EIA

Law defines list of projects that require EIA(list can be expanded) and SEMARNdetermines type of study required foreach project category

AAAr determines need for EIS, which caninclude detailed list, thresholds, criteria,and classification methods

Required for all activities in Galapagos orother protected areas

Law defines which cases, in principle,require EIA; Ministry determines, basedon FA, if it is necessary

Detailed list of projects, works, industries,and activities requiring EIS is approvedby ministerial agreement. Activitiesclassified into three EAI categories todetermine which EIA instrument isrequired

List of projects and other activities thatcan significantly affect the environment

EPA sets criteria and thresholds todetermine if project requires EIA

List of the projects that require an EIA isset, as well as criteria to determinewhen it is not necessary

Law and regulations establish works andactivities that require EIA

SEMARNAT may grant exemption based oncriteria set in regulations

States and Federal District (DF) candemand EIA for other projects

Law provides exhaustive list of projectsthat require EIA; MARENA can requestthat the President of the Republicexpand the list

There is an exhaustive list of activities,works, and projects that require EIA;ANAM can modify the list

Law and regulations determine the worksand activities that require EIA; SEAM canrequire EIA for other activities, based oncriteria provided in the regulations.

Regulations define list of actions that mustbe included and projects that requireEIA, based on the legal criteria

Law defines activities and works thatrequire EIS; executive branch issues ruleson minimum criteria; other criteria addedby agreement between President andMinister

Regulations define activities requiring EIA ;Ministry may require EIA in other casesbased on review of documents of intent

Types of EIA Instruments

Different types of EIA instruments, their level ofcomplexity, and their focus

The LGA does not establish specific EIAinstruments

Projects that require a full EIAProjects that only require an EIS

Category 1: Integrated analytical EIACategory 2: Specific analytical EIA of one or

more factorsCategory 3: Characteristics already known, only

require mitigation and PASA Category 4: Does not require EIA

There are three sequential processes:1. Preliminary license (LP, Licencia previa)2. Construction license (LI, Licencia de

instalación)3. Operating license (LO, Licencia de operación)

DIA: description of impacts and declaration ofcompliance with environmental legislation

EIS

No categories

Full EISStatement of Environmental ResponsibilitiesEvaluation of regulatory plans

Projects requiring environmental permit, aftersubmission of DIA

Projects requiring LA, after submission of EISExempted projects

One category FA must be submitted when EIS is not required

SEAEIA

EAE, EAI, EIS, ERA, SIA, EEA

EIA for projectsEIA for polices, plans, and programs (SEA)

Category I: Requires an Ecological andEnvironmental Impact Analysis but not an EIA

Category II: Requires EIA

1. Requires regional MIA2. Requires specific MIA3. Only requires IP

Single categoryFA must be submitted when the project, works,

industry, or activity is not included in thedetailed list

EIS—Category I: no significant impacts; swornstatement presented

EIS—Category II: significant impacts that canbe easily avoided or mitigated

EIS—Category III: significant impacts requiringEMP

Single EIA category Some projects require EIS, others do not or can

be exemptedIn some cases, only mitigation, compensatory

measures, or EMP required

Category I. Environmental Impact StatementCategory II. Partial Environmental Impact StudyCategory III. Full Environmental Impact Study

EsIA-pEsIA-c

EISSpecific Environmental Assessment

Alternatives

Analysis of various alternatives to theplanned activity, including not carrying itout

No provisions at the federal level

EIA must include analysis of reasonablealternative sites (if any) and reasons forrejecting them, including the optionforgoing implementation

The EIS must include analysis ofalternatives

CONAMA can require studies to analyzealternatives to public and privateprojects; EIS must consider and comparealternative technologies and locationsfor the project, including the option ofnot carrying out the project

Not addressed

Responsible authority determines if anEnvironmental Analysis of Alternatives isrequired, defines TORs, and determineswhich alternatives must be included inthe EIS

The EIS must include the alternative withthe highest environmental benefit

Project alternatives and design optionsmust be considered in the EIS

Analysis of alternatives must be includedin EIS

AAA can request modification ofalternatives or inclusion of new ones

EIA and SEA must include a description ofalternatives to the policy, plan, program,or project

No provisions made

At least one alternative project location,design, technology, program, and sizemust be considered; alternativesexamined in EIS and final selection madebased on proper documentation

Presentation and analysis of alternativescan be required in the TOR

Local and regional MIA must includeenvironmental projections and evaluationof alternatives

EIS must include alternatives to theproject

No provision made in law or regulations

EIA must include description of alternativedesigns and locations and analysis ofconsequences of not implementingproject

No provision in the law

No provision made

EIS must decribe alternative designs,locations, and technologies, and justifyselected alternatives

Environmental Management Plan (EMP)

Planned measures to apply during projectimplementation to address issues and meetrequirements identified in the environmentalanalysis process

In accordance with LGA, the EIS must include actionsto mitigate negative impacts

Implementation and Follow-up Program, MitigationPlan, and Monitoring Plan must be submitted

Instruments include a Prevention and MitigationProgram, PASA, Contingency Plan, and AccidentPrevention Program

EIS must include mitigation measures and a Supportand Monitoring Program

There is a Mitigation, Remediation, and CompensationPlan; a Plan to Monitor Environmental Indicators;and an environmental legislation compliance plan

EMP includes measures for preventing, mitigating,remeditating, and compensating for environmentalimpacts

There is also a Monitoring Program and a ContingencyPlan

The EIS must include an impact prevention andmitigation program and a monitoring program

Environmental Management and Adaptation Programcovering environmental prevention, mitigation, andcompensation measures

Oversight subprogram and self-monitoring program

EIS includes EMP with measures for mitigation,control, and compensation for impacts, as well asenvironmental monitoring and audits

EMP must be incorporated into the construction,operation, and closure of the activity, work, orproject; must define, prioritize, and estimate costsof measures to prevent, mitigate, and compensatefor environmental impacts

EMPs are created by the environmental assessmentinstrument and must be adopted by the proponents

EIS must include proposed measures to mitigateadverse impacts

The EIS must have a Mitigation Plan, ManagementPlan (if required in the TORs), and an Oversight andMonitoring and Plan

Specific MIA must include measures to prevent andmitigate impacts

Regional MIA must include strategies to prevent andmitigate impacts on regional environment

Resolution issued by environmental authorityestablishes mitigation measures, monitoringrequirements, and environmental managementprogram proponent must carry out

EMP includes monitoring and oversight plan approvedby ANAM

Measures must help minimize negative impacts, gainstakeholder consensus, and prevent accidents

Emergency Plan

EMP includes measures for protection, remeditation,and mitigation of impacts; methods and instrumentsfor surveillance, monitoring, and control

Plan for management, emergencies, compensation,and project or site closure; plans for monitoring,supervision, and oversight

Environmental management, risk mitigation, andaccident prevention plans required; EIS includesmitigation, compensation, or restoration measures,site or project closure programs, and monitoringplan

Tracking programEnvironmental Supervision Program

LEGAL FRAMEWORK OF ENVIRONMENTAL IMPACT ASSESSMENT IN LATIN AMERICA

The findings, interpretations, and conclusions in this matrix are those of the authors and should not be attributed to the World Bank, its affiliated organizations, members of its Board of Executive Directors or the countries they represent. Source: Gomez G.A., E. Sanchez-Triana, and S. Enriquez (2006).

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Requirements

Requirements in the TORs related to theimpacts that must be taken into accountby the EIS

LGA indicates that requirements areestablished by a specific law

EIS must at least include identification ofthe project’s environmental impacts

Must include direct, indirect, cumulative,short- and long-term impacts on humans,flora, fauna, soil, water, air, climatic factors,material goods, cultural heritage, landscape,natural resources, and ecological balance

Must consider: positive and negative,direct and indirect, temporary andpermanent, reversible and irreversible,cumulative, and synergistic impacts onphysical, chemical, biological, social,and cultural conditions andenvironments

Analyze positive, negative, direct,indirect, short, medium, long-term,temporary, permanent, cumulative,synergistic and distributional impactson health, safety, well-being, social andeconomic activities, biota, theenvironment, and natural resources

Evaluation of direct, indirect, cumulative,and synergistic impacts on physical,biotic, human, and man-madeenvironments, including economicactivities, land use, natural elements,landscapes, historic and cultural heritage

Identification and evaluation of impactsto define which can be prevented,mitigated, corrected, or addressedthrough compensation

Analysis of significant impacts

Identification and valuation of potentialimpacts, including direct and indirect,cumulative, and synergistic impacts

Identification and evaluation of impacts

Identification, priority setting, predictionand quantification of impacts,interpretation of results, cost-benefitanalysis, profitability, and efficiency

Identify and anticipate environmentalimpacts

Identification of direct, indirect, andcumulative impacts on environment,including humans, material goods,cultural heritage, natural resources, andecosystems

Identification of project’s positive andnegative impacts

Environmental forecasts; identification,description and evaluation of thefollowing impacts: environmental,cumulative, synergistic, significant orrelevant, and residual

Identification, prediction, and oversightof positive and negative impacts ofprojects and their alternatives

There are several EIS categoriesCategory III EIAs (greatest impacts)

require identification, analysis,valuation, and ranking of all negativeand positive impacts and induced risks

Analysis of potential positive andnegative, direct, indirect, permanent,temporary, reversible, irreversible,continuous, discontinuous, regular,irregular, cumulative, and synergisticimpacts

Possible direct and indirect impacts onphysical and social environment in theshort and long term; communitydynamics and support systems, urbanspaces, historic and architecturalheritage also included

Anticipate, identify, evaluate, andquantify potential negative, positivedirect, indirect, individual, andcumulative impacts and risks

Identification of potential impacts onvarious environmental components