On Tuesday (2/12), the House of Representatives approved the temporary measure regulating the Special Environmental License (LAE). This text acts as an alternative to parts of the environmental licensing law vetoed by President Luiz Inacio Lula da Silva, whose presidential decisions were overturned by Congress last week.
The proposal goes to the Senate. The text, which concerns the executive authority, must be voted on by Friday (12/5), under penalty of losing validity.
The Palacio do Planalto is going through an institutional crisis with the President of the Senate, Davi Alcombre (Uniao Brasil-AP), opposing Lula’s nomination to the Federal Supreme Court (STF).
Environmental licensing is the process by which the competent environmental agency (whether federal, state or municipal) authorizes and monitors the implementation and operation of activities or enterprises that use natural resources or that may cause some type of environmental degradation or pollution.
The proposal imposes a maximum period of 12 months to complete the special environmental license. The timeline will begin after all environmental studies and required documents are submitted.
The project considers highway reconstruction and repaving work to be “strategic,” as long as the sections focus on national security, obtaining social rights, or integration between countries.
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The standard includes a promptness requirement: in cases where the environmental safety of the work has already been certified by the licensing authority, the project owner will have only a period of 90 days, as of the approval of the law, to submit the necessary studies to decide on the installation phase.
The project stipulates clear restrictions: mining sectors, clearing or transfer of indigenous and quilombola lands, and areas declared contaminated will not be able to comply with the special license.
On the other hand, the text grants exemptions. For example, work such as dredging maintenance on waterways is exempt from licensing. However, the decision imposed a condition for dredging in the port facilities: they will not be exempted from the process except after obtaining a special license.