#PEC65Não Panelists disagree with simplification of the environmental licensing process

6/22/2016 7:10 pm

Panelists disagree with simplification of the environmental licensing process

Hearing the Commission promoted national integration of the Board discussed various aspects of the legislation on the subject
Experts and representatives of the Government, the public prosecutor and the judiciary have criticized, in a public hearing of the Commission of national integration, proposals for changes in legislation to simplify the environmental licensing process in the country.
The main targets of criticism from environmentalists are two proposals in Senate proceedings.

One of them is a proposed amendment to the Constitution (PEC 65/2012) that overrides the requirement of environmental licensing for a single impact assessment so that work can start.

The other is a Bill (PLS 654/2015) that ends with the need for public hearings and lays down a maximum period of eight months for the licensing of works considered strategic by the Government, such as dams and roads.


The Prosecutor of the Republic Marcia Zollinger upgraded the amendment, called PEC 65, unconstitutional and said that the two proposals run counter to the principles of prevention, of repairing the damage and the popular consultation.


Mr Angelim, PT of Acre, author of the request for a public hearing, agrees with the assessment. According to him, as well as unconstitutional, the PEC ends with the three phases considered essential licensing: the license prior to installation and operation.


The PEC 65 is unconstitutional and we need to improve more and more our environmental legislation, but we cannot weaken it from the point of view of reducing the controls that we have, social and regulatory, with the environmental issue. Including three licenses that have, more public hearings, with the PEC 65, simply they are almost discarded.


Elisa Dezolt, representative of the National Confederation of industry, defended the simplification of environmental licensing processes.


She pointed out the difficulties of the current legislation for the execution of projects and complained of intrusion of the Public Ministry in the decisions of the organs responsible for licensing.


But the main problem, according to Eliza Dezolt, is the delay.


The complete process of licensing, it can reach seven years. So, in fact, depending on the type of project you are licensing, maybe eight months is murky, but seven years ago, in fact, is quite discouraging. And I think the Brazil cannot afford more with that cost, right? We have to find a middle ground.


Mr Geraldo, Pará, PT said it is necessary to ensure that projects do not cause impacts, but also complained of the delay in the release of works, a process that can go through several government agencies.


He gave the example of the delay in the release of the paving of BR 230, the trans-Amazon Highway, between the municipalities of Cachoeira Seca and Medicilândia, in Pará, which has lasted six years.


There situation there that I’m in sixth year, sixth years dialoguing with Funai, the Dnit, to license the Cachoeira Seca there, Medicilândia, Uruará. And there’s still 100 kilometers by Funai unrestricted.


The Attorney General of Justice of Acre Patricia de Amorim Rego defended the accuracy of the environmental licensing process and criticized the proposals for flexibility.


According to her, the licensing is the process that gives legal guarantee for entrepreneurs and prevents damage and environmental disasters, like what happened in Mariana, Minas Gerais, which left 17 people dead, 500000 without water and destroyed the environment of a 500-kilometer stretch of the Rio Doce, between Minas Gerais and Espírito Santo.


Environmental Licensing is nothing more than an analysis of environmental risks to ensure environmental protection measures, preventing natural disasters and damage to property, economic and even emotional. I think we can sum up the importance of the environmental licensing in a Word, that is Mariana.”


Participants in the public hearing argued that, with some caveats, a project (PL 3729/04) which has already been approved in two committees of the House and providing a simplified licensing procedure for works of small impact.
ReportAntonio Vital

Mariana Dam Disaster
images via web

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