It is an instrument of environmental policy that has the objective of preventing, mitigating and restoring damage to the environment, as well as the regulation of works or activities to avoid or reduce their negative effects on the environment and human health.
It consists of a technical-scientific study that indicates the effects that a work or activity can cause on the environment, and indicates the preventive measures that could minimize said negative effects produced by the execution of the works or activities. This study allows evaluating the environmental feasibility for the execution of industrial, infrastructure, manufacturing, commercial or service investment projects.
The obliged subjects are the persons (physical or legal) who intend to carry out a work or activity, they must analyze and describe the environmental conditions prior to the completion of the project in order to identify and evaluate the potential impacts that the construction and operation of said works or the performance of activities could cause the environment, as well as define and propose necessary measures to prevent, mitigate or compensate for these alterations.
In comment to the above, the MIA is presented to the Ministry of the Environment and Natural Resources for its evaluation and possible authorization. Once the works or activities projects are authorized, the Federal Attorney for Environmental Protection must verify compliance with the established terms and conditions.
The works or activities that will require prior authorization in terms of environmental impact are:
• Hydraulic works, general communication routes.
• Oil pipelines, gas pipelines, coal pipelines, multiple pipelines.
• Oil, petrochemical, chemical, steel, paper, sugar, cement and electrical industries.
• Exploration, exploitation and benefit of minerals and substances reserved in the legislation for the Federation.
• Facilities for the treatment, confinement or disposal of hazardous waste, as well as radioactive waste.
• Forest exploitation in tropical forests and species that are difficult to regenerate.
• Changes in land use in forest areas, as well as in jungles and arid zones.
• Industrial parks where highly risky activities are expected to be carried out.
• Real estate developments that affect coastal ecosystems.
• Works and activities in wetlands, mangroves, lagoons, rivers, lakes and estuaries connected to the sea, as well as on their coastlines or federal zones;
• Works and activities in protected natural areas.
• Fishing, aquaculture or agricultural activities that may endanger the preservation of one or more species or cause damage to ecosystems.
• Works or activities that correspond to matters of federal competence, which may cause serious and irreparable ecological imbalances, damage to public health or ecosystems, or exceed the limits and conditions established in the legal provisions relating to the preservation of the ecological balance and the environmental protection.
By virtue of the foregoing, it is recommended that, in the event that a compliance verification procedure is submitted or is initiated with respect to the presentation of the MIA in question, it is attended by obtaining legal advice, for which the BRIFFAULT ABOGADOS team , SC is at your service to provide appropriate and timely advice in relation to all relevant acts, as well as the contentious area to develop means of defense against any act of abuse by the competent authorities in environmental matters.