Environmental Mining Alert – August 2020

Environmental Protection Regulations for Mining Exploration Activities are amended

On July 30, Supreme Decree No. 019-2020-EM was published in the Official Gazette “El Peruano”, amending the Environmental Protection Regulations for Mining Exploration Activities, adopted by Supreme Decree No. 042-2017-EM. The most important aspects of the standard are the following:

• Positive administrative silence: Applicable exclusively for FTA approval.
• Linked projects: Unless proven otherwise, linked mining exploration projects are considered if: (i) they are located in the same area of ​​a hydrographic micro-watershed, (ii) if they generate synergistic or cumulative environmental impacts, and/or; (iii) if they have similar geological characteristics.
• Prior communication: The cases included under the scope of prior communication are established exhaustively in Annex I of Supreme Decree No. 019-2020-EM. – Execution schedule: For the only time, the mining owner may request the extension of the execution schedule including in the communication the update of the execution periods and the fulfillment of each scheduled activity in the initial schedule up to 6 months. It also provides for the possibility of applying for an extension for periods of less than 6 months, with the exception of the right to request a further extension until the maximum limit of 6 months is completed.
• Citizen Participation for exploration projects that apply to the Environmental Technical Data Sheet (“FTA”): The possibility of executing other mechanisms for citizen participation has been incorporated, at the proposal of the owner, only if the FTA shall be held on rough land or owned by the mining owner. It has also included the possibility of rescheduling or providing for the implementation of another type of participation mechanism as provided for, in the event of a fortuitous act or force majeure duly supported.
• Development of projects in areas where mining exploration activities were previously carried out: In case of requesting the approval or amendment of an Environmental Management Instrument (IGA) for exploration, the mining owner, by means of an affidavit, must indicate that it has carried out the total or partial closure of the previously approved platforms and/or components and informed the OEFA accordingly, so that the competent environmental authority does not consider the total of the approved activities.
• Obligation of closure and exclusion: Areas exempted from rehabilitation because they shall be occupied by works that shall have future use, in addition to being justified prior to closure, shall be subject of a compensation measure proposed by the owner and communicated to the competent environmental authority. Drilling rigs are expressly permitted to be excluded.
• Exploration project closure report: The environmental inspection, after submission of the project closure report to the OEFA, shall prioritize projects that have established guarantees, the level of impact of the IGA or are located in socio-environmental conflict zones. The audit shall begin within 60 working days of the submission of the closure report to the OEFA and the competent environmental authority. – Groundwater Intersection: It must be communicated within a period not exceeding 48 hours to the competent environmental authority, within a maximum period of 48 hours after the event. It shall no longer be necessary to send it additionally to the OEFA or the INGEMMET.
• Transitional Complementary Provisions: (i) The procedures that shall be in process at the time of the entry into force of the amendment shall be resolved in accordance with the regulations under which they were initiated. (ii) The audit of the closure reports by the OEFA, which have been submitted prior to the entry in force of the amendment, shall be carried out in accordance with the criteria approved before the amendment.