On November 23, 2023, Supreme Decree N° 028-2023-EM was published in the Official Gazette “El Peruano”, which amends the Environmental Protection Regulations for Mining Exploration Activities, approved by Supreme Decree N° 042-2017-EM. The most important aspects of the regulation are as follows:
Simultaneous processing procedure:
– A procedure similar to that of the global environmental certification is regulated, which allows simultaneous processing of an environmental management instrument (“IGA”) for mining exploration and the following enabling titles for water resources:
1. Authorization of water use.
2. Accreditation of water availability for water use authorization.
3. Authorization for the execution of water development works for water use authorization.
4. Authorization for the execution of works in natural assets associated with water and multisectoral hydraulic infrastructure.
5. Authorization for the discharge of treated wastewater.
6. Authorization for reuse of treated wastewater.
– The National Water Authority (“ANA”), in addition to issuing a binding technical opinion on the IGA, will issue a binding technical opinion on the requested authorization. In case the latter technical opinion is favorable, it will constitute the necessary technical support for the granting of such enabling title, which may be granted only after the IGA has been approved.
– If the opinion on the enabling title is unfavorable, the mining title holder may request its approval through the regular procedure.
– Although the regulation does not state it, it is understood that the opinion on the IGA will be issued by the Directorate of Quality and Evaluation of Water Resources of ANA and the opinion on the enabling title will be issued by the competent Water Administrative Authority.
– On the other hand, it should be noted that, with the exception of the authorization for water use, the enabling titles indicated are not very common in mining exploration activities.
Advance of the observations of the binding opinion entities:
It regulates the possibility that, in the event of a delay in the issuance of the technical opinion or the observations of any binding entity, the DGAAM delivers to the holder of the IGA in process, for information purposes and without starting the computation of the term for the correction, a copy of the observations of the DGAAM itself and of the other entities that issued the opinion.
Only upon receipt of the opinion or observations of the binding entity that incurred in delay, the DGAAM consolidates all opinions and observations, and notifies them to the holder, thus initiating the computation of the period for correction.
For further information, please contact Francisco Tong (ftong@estudiorodrigo.com) and/or Francisco Barrios (fbarrios@estudiorodrigo.com).
