President Luiz Inácio Lula da Silva sanctioned this Tuesday the law on the Special Environmental License (SEL) for strategic projects. The device was suggested by the President of the Senate, Davi Alcolumbre (União-AP), during discussions on the general law on environmental licenses. The government transformed it into a provisional measure, approved by Congress in early December.
The LAE is a type of license created to speed up the process of analyzing work considered strategic. The MP maintains the traditional three phases of authorization – preliminary license, installation license and operating license – and requires an environmental impact study if necessary.
The law provides that the licensing authority will give priority to the analysis and decision of applications for environmental licenses for activities or companies defined as strategic.
The special environmental authorization procedure must respect a maximum period of 12 months for the analysis and finalization of the process. The stages include a preliminary environmental impact study and an environmental impact report. The public hearing will be mandatory and does not replace the requirement for prior consultation with traditional peoples and communities.
The law considers as strategic the works of reconstruction and resurfacing of existing highways with sections that represent strategic connections relevant to national security or integration between federal units.
The approved text states that the LAE cannot be used for higher risk projects, such as mining, and provides a list of situations in which a simplified license cannot be applied.
The use of the LAE is prohibited, for example, for activities requiring the removal of native vegetation requiring specific authorization; involve the displacement or relocation of the population; located in an area declared contaminated; located within conservation units, located on indigenous lands, quilombola territories and traditional communities
The law also sets technical rules on maintenance dredging and operational adjustments in telecommunications, seeking to standardize understanding among environmental agencies.
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