CONAMA approves the holding of virtual public hearings during the state of public calamity

23/07/2020

Sure, here is the translation to English:


CONAMA APPROVES THE HOLDING OF VIRTUAL PUBLIC HEARINGS DURING THE STATE OF PUBLIC CALAMITY

On 22.07.2020, CONAMA approved the draft Resolution that authorizes the holding of public hearings remotely. According to the approved wording, virtual hearings must follow the provisions of CONAMA Resolutions No. 01/1986 and No. 09/1987 and will occur as long as the state of public calamity lasts due to the COVID-19 pandemic.

The wording of the original draft was altered to delegate to environmental agencies the discretion to determine which procedures should be adopted, including by the entrepreneur, for holding virtual hearings, in line with the Principle of Decentralization.

It is worth noting that these procedures should consider the specificities of each area covered, the affected populations, and other factors involved in the licensing of enterprises.

Read the full text approved at the 134th Ordinary Meeting of CONAMA:

RESOLUTION No. XX, OF XX MAY 2020

Establishes, on an exceptional and temporary basis, in cases of environmental licensing, the possibility of holding public hearings remotely, through the World Wide Web, during the period of the Novel Coronavirus (COVID-19) pandemic.

The NATIONAL ENVIRONMENTAL COUNCIL – CONAMA, in the exercise of the powers conferred on it by art. 8, item VI, of Law No. 6938, of August 31, 1961, and by art. 2, §9, and art. 3 of Law No. 8723, of October 28, 1993, considering the provisions of its Internal Regulations, and

Considering the decision of the World Health Organization – WHO, on March 11, 2020, to declare the disease caused by the Novel Coronavirus (COVID-19) a pandemic;

Considering the state of public calamity officially recognized in Brazil through Legislative Decree No. 06, of March 20, 2020, which authorizes the Public Authority to adopt temporary and exceptional measures to overcome a crisis situation;

Considering that COVID-19 spreads quickly and easily among people in close contact or through coughs and sneezes;

Considering that the exceptional situation requires urgent measures of prevention, control, and containment of risks, damage, and harm to public health to prevent the spread of the disease in the country;

Considering the quarantine status in much of the country, including the establishment of telework for non-essential public service sectors; and

Considering, furthermore, that one of the recommended measures for preventing and containing the virus is to avoid gatherings and reduce social contact,

RESOLVES:

Art. 1 The Public Hearing referred to in art. 11, §2 of CONAMA Resolution 01/86, and regulated by CONAMA Resolution 09/87, may be held remotely through the World Wide Web (Internet), on an exceptional and temporary basis, as long as Legislative Decree No. 06/2020 is in effect.

Art. 2 The rules provided in CONAMA Resolution 09/87 remain applicable to the Remote Public Hearing.

Sole paragraph. §4 of art. 2 does not apply to this Resolution, considering the peculiarity of virtual meetings.

Art. 3 The competent environmental agency will define the technical procedures related to the holding of the Virtual Public Hearing, to ensure the effective participation of interested parties, as provided in the legislation, observing the following steps:

I – Broad dissemination and availability of the content of the product under review and its respective EIA/RIMA.

II – Ensuring, observing the sanitary safety of participants, at least one virtual access point for those directly impacted by the enterprise and, if necessary, other points, as analyzed by the licensing authority;

III – Discussion of the EIA/RIMA;

IV – Clarification of doubts; and

V – Receiving participants' criticisms and suggestions.

Art. 4 This resolution enters into force on the date of its publication.