MPF files action against State Decree 230/15
The Federal Prosecutor in Mato Grosso (MPF) filed a public civil action against the State to be suspended the effects of State Decree 230/15, which established the provisional authorization of operation of Rural activity (APF). The MPF has previously issued a recommendation to the Government to repeal the Decree.
The APF was established in Mato Grosso to regulate provisionally the extensive agriculture and livestock activities and extensive rural properties in semi activities in consolidated areas until 2008, or converted to alternative use of the soil, after that date, with permission from the environmental agency. Authorization, however, does not replace the legal requirement of environmental licensing of activity, nor does it apply to authorize the removal of native vegetation.
Public prosecutors who sign the action explain that “the Decree, while further relaxed the criteria of regularity, resulted in the suspension of the environmental compliance of Law 12,651/12 (forest code), especially with regard to the settlement of environmental liabilities in area of permanent preservation and legal reserve, restricted-use“.
The action claims that, in addition to the weakening of the protection of forests and the privilege to great landowners, establishment of the APF made a suspension of the embargoes to areas promoted by the Ibama (Brazilian Institute of environment and Renewable Resources), allowed the exercise of rural activity through simple declaratory Act and amnestied (albeit temporarily) illegalities committed, such as deforestation.
Given this, the definition of the APF and its regulations allows not only exempt from causing environmental damage to promote the necessary settlement of property, in accordance with the forest code, but also approve, regularize and legalize new deforestation “.
In addition to the immediate suspension of the Decree, the MPF requires that the State of Mato Grosso is prevented from granting potentially damaging activities to the APF environment and suspend the effects of already granted, it cannot be used for proof of regularity of environmental property.
The State must also refrain from edit rules introducing environmental licenses granted authorizations or by mere declaratory Act of interested without careful review of the competent State organ.
In addition to decree that regulated the APF, the general coordination of Ibama identified the existence of legislative changes that have stretched existing law and fragilizaram the content of the protection measures provided for, as one of the reasons for the significant increase of the rates of deforestation in the State.
The State of Mato Grosso published supplementary law No. 523, allowing the issuance of authorization to operate for forest management plan without the obligation to issue Environmental license Only.
Was published the State decree dismissing 2151 of authorisation or licensing cleaning areas in early stages of regeneration, requiring only technical report prepared by particular technical, without any approval or review of State environmental agency.
Source: All News