On November 30, 2023, the Secretary of Climate Change, Sustainable Development and Innovation of the Ministry of Environment and Sustainable Development released the “Guideline for the development of Environmental Impact Report” (the “EIR Guideline”) and the “Guideline on Public Participation in Environmental Impact Assessment” (the “PP Guideline”), both approved by the Resolution No. 23/2023 (the “Resolution”).

The most relevant aspects are detailed below:

I. Guidelines for the development of Environmental Impact Report

The EIR Guideline is intended to professionals responsible for the development of the Environmental Impact Report (“EIR”) and to the agencies involved in the technical review and environmental licensing of the projects.

It also promotes the integration of the climate change variable in the different phases of the EIR, incorporating information throughout the Environmental Impact Assessment (“EIA”). The inclusion of the climate change variable in the EIA is suggested through two approaches:

  1. Adaptation: evaluates how climate change may influence the project, considering possible climate scenarios and risks that could affect the expected life cycle; and
  2. Mitigation: considers how the project may influence the emission of greenhouse gases (“GHG“), regarding actions by the proponent to avoid or reduce GHG emissions or even increase their absorption through reservoirs or sinks.

II. Guide on Public Participation in Environmental Impact Assessment

The PP Guide seeks to broaden and diversify the mechanisms for public participation in environmental matters. It is mainly intended to the proponents, promoting agencies, professionals responsible for the elaboration of EIR and other offices of the Public Administration involved.

Public participation has different scopes depending on the type of involvement promoted by the evaluating authority or the proponent. Thus, at least four levels of participation can be identified (information, consultation, dialogue, and decision making) that can take place at various points in the project cycle, depending on the size of the project and the strategy defined for stakeholder involvement.

The PP Guide also proposes the qualitative technique of “stakeholder mapping”, which makes it possible to identify stakeholders, understand their interests and how each one can affect the viability of the project.

Consultation mechanisms may include multisectoral workshops, virtual consultations, co-creation events, dialogue tables, mediation, or negotiation hearings, direct (door-to-door) visits to communities, participatory management tables, monitoring, and follow-up committees, among others.

The PP Guide proposes the presentation of a disclosure document to optimize access to environmental information and participation in effective decision-making and facilitate the understanding of EIR for the general non-specialized public.

 

For additional information, please contact Nicolás Eliaschev, Pablo Arrascaeta, Daiana Perrone, Milagros Piñeiro, Rocío Valdez and/or Victoria Barrueco.