In response to a consultation raised by a citizen, the Ministry of Environment and Sustainable Development (“MADS”) issued a memorandum that clarifies some aspects related to the environmental certification required for mining concession applications.
Among the most relevant aspects, we highlight the following:
- According to the provisions of MADS Circular No. SG – 40002023E4000013, the only requirements the environmental authority may demand to issue the environmental certification are those provided in the VITAL platform.
- The environmental certification is a prerequisite to the granting of the mining concession contract; therefore, the environmental authority cannot request that the application includes the ID number of the mining area subject to certification.
- The certification remains in force if the polygon of the project does not vary. The change in the legal representative or even in the petitioner does not affect the validity of the certification.
- The MADS is not authorized to impose sanctions on the regional environmental authorities that delay the issuance of environmental certifications.
Author: Verónica Ramírez