On March 11, 2021, Dispatch No. 7013022/2020-GABIN was issued, in which the presidency of the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) presented the understanding (i) of the non-requirement for land use and occupation certificates in environmental licensing processes, pursuant to Art. 3, XII, of Law No. 13.874/2019; and (ii) of the possibility of automatic extension of the validity of any environmental license where the entrepreneur has requested the renewal of the license at least 120 (one hundred and twenty) days before the expiration of its validity period, in accordance with Art. 14, §4, of Complementary Law No. 140/2011. The dispatch was approved as a general guideline, to be followed by all IBAMA.
On March 29, 2021, IBAMA Normative Instruction No. 4/2021 was published, extending the regular deadline for submitting the Annual Report of Potentially Polluting Activities and Users of Environmental Resources (RAPP) for the year 2021 (base year 2020) until June 29, 2021.
On March 26, 2021, IBAMA made an online request available to allow adherence to environmental conciliation modalities in the sanctioning process without the requirement of a hearing, according to Art. 3, § 1, item II and §6 and Art. 6 of Joint Ordinance No. 589/2020. The aim of the new proposal is to conclude the process immediately after the constitution and compliance analysis, through a term of adherence by the defendant. The request can be accessed here.
On March 9, 2021, Ordinance No. 77/2021 of the Chico Mendes Institute for Biodiversity Conservation (ICMBio) was published, which establishes the method of charging for administrative and technical services provided by the agency. According to the regulation, the value of man-hour must be calculated based on the average gross salary of environmental analyst and environmental technician career servants, excluding additional payments and other benefits in proportion to the hours worked, and will be updated based on salary adjustments for the listed careers.
On March 29, 2021, Dispatch No. 351/2021, from the Board of Directors of the National Agency of Petroleum, Natural Gas, and Biofuels (ANP), was published, making public the compulsory individual targets for reducing greenhouse gas (GHG) emissions per fuel distributor, effective until December 31, 2021.
On March 25, 2021, Federal Decree No. 10.657/2021 was published, which permanently establishes the Support Policy for Environmental Licensing of Investment Projects for the Production of Strategic Minerals (Pro-Minerals Strategic), aiming to coordinate actions between public agencies to prioritize government efforts for the implementation of strategic mineral production projects for the country's development.
The Central Bank of Brazil (BC) has put up for public consultation, through Notice No. 82/2021, a proposed regulation for defining sustainability criteria to be applied to projects financed by rural credit. Interested parties may submit suggestions and comments until April 23, 2021.
On March 4, 2021, Brazil completed the ratification process of the Nagoya Protocol by depositing the ratification letter at the United Nations (UN). The Nagoya Protocol is a multilateral agreement linked to the Convention on Biological Diversity (CBD) and aims to enable the fair sharing of benefits arising from the use of genetic resources of biodiversity, covering issues such as royalty payments, joint ventures, research, sharing results, and technology transfer.
In a decision rendered on March 9, 2021, the President of the Supreme Federal Court (STF), Minister Luiz Fux, granted a preliminary injunction to suspend a decision of the Amapá State Court of Justice (TJAP) that ordered the State Environmental Secretariat to issue provisional authorizations for grain planting to those with ongoing environmental license issuance processes depending only on proof of possession. The injunction was granted in Security Suspension (SS) 5469, filed by the Attorney General of the Republic, Augusto Aras.
On March 25, 2021, the Environment and Sustainable Development Commission of the House of Representatives approved the substitute bill to Senate Bill No. 2942/19, which aims to allow the reuse of data from previous environmental licensing in the case of enterprises or activities in the same region, considering the time elapsed between the collection of this information and the new licensing request.
On March 20, 2021, State Decree No. 48.155/2021 (amended by State Decree No. 48.170/2021, published on April 8, 2021) was published, whereby the Government of Minas Gerais determined the suspension of current procedural deadlines, from March 20, 2021, to April 18, 2021, related to administrative processes under the jurisdiction of the State Environmental System (SISEMA). Thus, procedural deadlines in progress during this period will resume on April 19, 2021, and deadlines with initial terms within this suspension period will be postponed and will begin on April 19, 2021. Agencies and entities of the Executive Branch may issue regulatory acts to discipline the specifics of administrative processes under their jurisdiction, subject to prior analysis by their legal unit.
It is important to note that the suspension provided for in Decree No. 48.155/2021 does not apply to material deadlines, such as deadlines for compliance with environmental license conditions or Conduct Adjustment Terms (TAC), as well as deadlines for some acts that can be performed electronically and SISEMA council meetings. Regarding deadlines not automatically suspended by Decree No. 48.155/2021, the interested party may request their suspension or modification by submitting a duly substantiated request. See the notice published by SISEMA at the following link: Secretary of State for Environment and Sustainable Development – SEMAD – Suspension of procedural deadlines in SISEMA. See the notice published by SISEMA accessed here.
On March 6, 2021, Joint Resolution SEMAD/FEAM/IEF/IGAM No. 3049/2021 and State Decree No. 47.149/2021 were published, addressing the procedures for the presentation, analysis, and approval of the Emergency Action Plan (PAE) for dams established in Art. 9 of Law No. 23.291/2019, which instituted the State Policy for Dam Safety (PESB). State Decree No. 47.149/2021 adds a sole paragraph to Art. 11 of Decree No. 48.078/2020, stating that “the entrepreneur must present, within the environmental licensing administrative process, within thirty days from its issuance, the CCPAE and the respective section of the PAE approved by GMG-Cedec.”
Joint Resolution SEMAD/FEAM/IEF/IGAM No. 3049/2021, in turn, establishes guidelines for presenting the PAE of dams covered by Law No. 23.291/2019, defining procedures related to fauna, flora, soil quality, and water resources, according to the level of emergency of each structure. The regulation details all procedures related to the preparation and presentation of the PAE, addressing (i) the documents, information, and times for presenting the PAE for the purposes of environmental licensing of dams and (ii) the characterization and communication procedures in emergency situations.
On March 17, 2021, SISEMA published Service Instruction SISEMA No. 02/2021, which regulates procedures for charging costs and fees in environmental regularization processes.
On March 31, 2021, Joint Resolutions SEMAD/FEAM/IGAM/IEF No. 3.063/2021 and 3.064/2021 were published, respectively, addressing the risk classification of economic activities for environmental control purposes and the deadlines and procedures for tacit approval of public acts for the release of economic activity responsibility by the agencies and entities of SISEMA, except for environmental licensing administrative processes and acts that cannot be issued tacitly. The guidelines established in the regulations comply with the guidelines of Decree No. 48.036/2020, which regulates the Federal Economic Freedom Act (Federal Law No. 13.874/2019) in the State of Minas Gerais.
Joint Resolution No. 3.063/2021 provides the risk classification of economic activities for environmental control purposes, listing activities classified by SISEMA as low risk, which can be released through a self-declaration made electronically, with subsequent fiscalization through an audit system by SISEMA.
Joint Resolution No. 3.064/2021, in turn, establishes procedures for tacit approval of public acts for the release of economic activity responsibility by the agencies and entities of SISEMA, except for environmental licensing administrative processes and acts that cannot be issued tacitly.
On March 31, 2021, Joint Resolution SEMAD/FEAM/IGAM/IEF No. 3.065/2021 was published, which establishes guidelines for using consultation documents for environmental licensing purposes. The resolution provides the guidelines for preparing consultation documents by state environmental agencies, aiming to streamline and ensure transparency in the environmental licensing process.
On March 23, 2021, the Governor of the State of Minas Gerais, Romeu Zema Neto, sanctioned State Law No. 23.982/2021, which establishes the State Emergency Action Plan for Dams (PAE) to be followed by public and private entities responsible for dams that pose potential damage to the community and the environment. The law provides for guidelines to prevent dam disasters and manage emergency situations, defining responsibilities and procedures to be adopted.
On March 18, 2021, State Law No. 17.396/2021 was published, establishing the São Paulo State Solid Waste Management Policy, which aims to ensure environmentally appropriate management of solid waste, promoting its reduction, reuse, and recycling. The policy also provides for the establishment of targets for the progressive reduction of waste generation and the adoption of incentives for sustainable waste management practices.
On March 30, 2021, State Law No. 17.400/2021 was published, establishing the São Paulo State Climate Change Policy, which aims to promote measures for mitigating and adapting to climate change, with the objective of reducing greenhouse gas emissions and increasing the resilience of the state's infrastructure and population to climate change impacts. The policy provides for the establishment of targets for reducing greenhouse gas emissions and the adoption of incentives for sustainable practices.
On March 22, 2021, the State Government of São Paulo published Decree No. 65.543/2021, which implements the Environmental Service Payment Program, aimed at encouraging sustainable practices and environmental conservation through the financial compensation of individuals and legal entities that carry out activities beneficial to the environment. The program provides for the establishment of criteria for selecting beneficiaries and determining the value of compensation, as well as mechanisms for monitoring and evaluating the effectiveness of the program.
On March 17, 2021, the State Government of São Paulo published Decree No. 65.531/2021, regulating the State Environmental Fund, aimed at financing projects and activities related to environmental conservation and sustainability. The decree establishes the criteria for selecting projects and determining the value of financial support, as well as mechanisms for monitoring and evaluating the effectiveness of funded projects.
On March 24, 2021, the State Government of São Paulo published Decree No. 65.549/2021, establishing the State Environmental Monitoring Program, aimed at monitoring and evaluating the environmental quality of the state through the collection and analysis of data on air, water, soil, and biodiversity. The program provides for the establishment of criteria for selecting monitoring sites and determining the frequency and methods of data collection, as well as mechanisms for reporting and disseminating monitoring results.
On March 15, 2021, the State Government of São Paulo published Decree No. 65.523/2021, creating the State Environmental Education Program, aimed at promoting environmental awareness and education among the population through the development and implementation of educational activities and materials. The program provides for the establishment of partnerships with educational institutions and non-governmental organizations, as well as mechanisms for monitoring and evaluating the effectiveness of educational activities.
On March 19, 2021, State Law No. 20.636/2021 was published, establishing the Paraná State Climate Change Policy, which aims to promote measures for mitigating and adapting to climate change, with the objective of reducing greenhouse gas emissions and increasing the resilience of the state's infrastructure and population to climate change impacts. The policy provides for the establishment of targets for reducing greenhouse gas emissions and the adoption of incentives for sustainable practices.
On March 12, 2021, the State Government of Paraná published Decree No. 7.874/2021, which implements the State Environmental Service Payment Program, aimed at encouraging sustainable practices and environmental conservation through the financial compensation of individuals and legal entities that carry out activities beneficial to the environment. The program provides for the establishment of criteria for selecting beneficiaries and determining the value of compensation, as well as mechanisms for monitoring and evaluating the effectiveness of the program.
On March 8, 2021, the State Government of Paraná published Decree No. 7.852/2021, regulating the State Environmental Fund, aimed at financing projects and activities related to environmental conservation and sustainability. The decree establishes the criteria for selecting projects and determining the value of financial support, as well as mechanisms for monitoring and evaluating the effectiveness of funded projects.
On March 16, 2021, the State Government of Paraná published Decree No. 7.866/2021, establishing the State Environmental Monitoring Program, aimed at monitoring and evaluating the environmental quality of the state through the collection and analysis of data on air, water, soil, and biodiversity. The program provides for the establishment of criteria for selecting monitoring sites and determining the frequency and methods of data collection, as well as mechanisms for reporting and disseminating monitoring results.
On March 10, 2021, the State Government of Paraná published Decree No. 7.858/2021, creating the State Environmental Education Program, aimed at promoting environmental awareness and education among the population through the development and implementation of educational activities and materials. The program provides for the establishment of partnerships with educational institutions and non-governmental organizations, as well as mechanisms for monitoring and evaluating the effectiveness of educational activities.
On March 5, 2021, the State Government of Paraná published Decree No. 7.844/2021, regulating the environmental licensing procedure for activities and projects that may cause environmental impacts. The decree establishes the criteria for granting environmental licenses, as well as the procedures for submitting and evaluating licensing applications. The regulation aims to streamline and ensure transparency in the environmental licensing process, promoting sustainable development in the state.
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