EIA Country Report for Peru

Legal Framework
State, Country or Province: 
Peru
EIA law: 
National Environmental Impact Assessment Law, No. 27446 (2001) (as modified by Legislative Decree No. 1078 (2008); General Environmental Law, No. 28611 (2005)
EIA Regulations: 
Regulations of Law No. 27446 - Supreme Decree No. 019-2009-MINAM (2009)
EIA Guidelines or Other Guidance: 
Numerous sectoral guidelines - energy, industrial hydrocarbons, fishing, transportation
EIA Procedure
Projects Requiring EIA: 
Government projects
Projects Requiring EIA: 
Private projects
Abridged Assessments: 
Yes
Assessments Detail: 
Category I projects do not require an EIA. Category II projects are those with moderate impacts that can be mitigated with relatively simple measures. For these projects, a "semi-detailed" EIA is required (EIA-sd). Law No. 27446, Art. 4
Best Practices in Lieu of EIA: 
No
Who Conducts Screening: 
Government
Who Conducts Screening Detail: 
Law No. 27446, Arts. 2, 4, 5
Criteria for Screening: 
Proposed project or activity may cause significant environmental impact
Criteria for Screening Detail: 
In determining whether an EIA is required, the environmental authority must consider environmental criteria, including protection of public health, natural resources, protected areas, flora and fauna, biological diversity, and cultural/architectural resources. Law No. 27446, Art. 5
Who Prepares EIA: 
Project Proponent (with or without contractor)
Who Prepares EIA Detail: 
"Environmental studies, schedules and other documents, must be signed by the owner and the professionals responsible for their preparation, also the environmental study must be signed by the representatives of the consultant in charge of processing. All documents submitted as part of the SEIA is an affidavit for all legal purposes, so that the owner, representatives of the consulting that makes it, and the other professionals that subscribe are responsible for the veracity of their content." Supreme Decree No 019-2009-MINAM, Art. 50
Who Pays for EIA: 
Project Proponent
EIA Contractor Qualifications: 
Yes
EIA Contractor Qualifications Detail: 
General regulations concerning contractor qualifications and registry are in Title V of Decreto Supremo No 019-2009-MINAM (Arts. 72-74). Where specific qualifications for EIA contractors are established, it is the responsibility of the ministry that oversees the particular sector. For example in the mining sector there is the "Register of Entities Authorized to conduct environmental impact studies" approved by Ministerial Resolution No. 580-98-EM/VMM.
Conflict of Interest: 
No
Terms of Reference (TOR): 
Yes
Terms of Reference Detail: 
Law No. 27446, Art. 8. The project proponent submits a draft terms of reference for the EIA with the licensing application.
Days for Decisionmaker Review: 
120 days
Automatic Approval: 
No
Automatic Approval Detail: 
See Ley N° 29060- Ley del Silencio Admirativo Negativ
Written Decision: 
Yes
Written Decision Detail: 
The authority must issue a written resolution approving or rejecting the project. Law No. 27446, Art. 54
Authority to Impose Conditions: 
Yes
Authority to Impose Conditions Details: 
The resolution may contain conditions. Law No. 27446, Art. 12(1)
Expiry of Decision: 
3 years
Expiry of Decision Detail: 
If the project proponent does not start activities within three years, it may request a 2 year extension.
Financial Assurances or Bond: 
Sometimes
Financial Assurances Detail: 
The project proponent, according to the general regulations on EIA, does not provide a financial guarantee except to cover implementation of the closure plan However, the mining sector is the only area where the criteria for financial guarantees is addressed in any detail.
EIA Content
Interdisciplinary Team: 
Yes
Interdisciplinary Team Detail: 
Decreto Supremo No 019-2009-MINAM, Art. 72-74
Range of Alternatives: 
Yes
Range of Alternatives Detail: 
The basic terms of reference for a detailed EIA require "evaluation of various project alternatives. . . " Decreto Supremo No 019-2009-MINAM, Annex IV, section 2(h).
No Action Alternative: 
No
Type(s) of Impact Analysis: 
Direct environmental impacts
Type(s) of Impact Analysis: 
Cumulative environmental impacts
Type(s) of Impact Analysis: 
Social impacts
Type(s) of Impact Analysis: 
Cultural impacts
Type(s) of Impact Analysis: 
Health impacts
Type(s) of Impact Analysis: 
Economic impacts
Type(s) of Impact Analysis: 
Gender equity
Mitigation: 
Yes
Mitigation Detail: 
An EIA must contain an environmental management plan/strategy. Decreto Supremo No. 019-2009-MINAM, Art. 28
Monitoring Plans: 
Yes
Monitoring Plans Detail: 
Monitoring is included in the environmental management plan. The plan must include an environmental monitoring system and assign specific responsibilities to ensure compliance with the measures contained in the Environmental Management Plan. Decreto Supremo No. 019-2009-MINAM, Annex III, Art. 6(b)
Access to Information
Public Notice of Draft EIA: 
Yes
Draft EIA Available: 
No
Draft EIA Locations: 
Not Available
Public Notice of Final EIA: 
Yes
Final EIA Available: 
Yes
Final EIA Available Detail: 
In principle, the EIA is supposed to be easily accessible - but, in practice, it is difficult for communities near a proposed project to obtain information.
Final EIA Locations: 
Internet
Final EIA Locations: 
Agency or ministry office
Final EIA Locations: 
Local government office
Fee to View EIA Documents: 
No
Fee to Obtain EIA Documents: 
Yes
Availability of Reference Studies: 
Yes
Availability of Reference Studies Detail: 
"All documents included in the administrative record of environmental impact assessment are public, except for information expressly declared to be secret or confidential, in accordance with the provisions of the Amended Text of the Law on Transparency and Access to Information - Law No. 27806, approved by Supreme Decree No. 043-2003 PCM." Decreto Supremo No 019-2009-MINAM, Art. 66
Public Notice of Final Decision: 
Yes
Public Notice of Final Decision Detail: 
Any administrative decision is an official document that is available to the public.
Public Participation
Public Scoping: 
Sometimes
Public Scoping Detail: 
Where appropriate, there is public outreach before the EIA is prepared. Resolución Ministerial N° 239-2010-MINAM
Public Review of TOR: 
No
Public Participation Opportunities: 
Review of draft EIA
Public Participation Opportunities: 
Public meetings and/or public hearings
Public Meetings: 
Yes
Public Meetings Detail: 
Decreto Supremo No 019-2009-MINAM, Art. 68
Public Input at Meeting: 
Yes
Public Input at Meeting Detail: 
Decreto Supremo No 019-2009-MINAM, Art. 68
Criteria to Hold Public Meeting: 
Public meeting and/or hearing is automatically required
Days for Public to Review Draft EIA: 
Variable
Days for Public to Review Final EIA: 
0
Public Comments on Draft EIA: 
Yes
Public Comments on Draft EIA Detail: 
The process for submitting comments is determined by the specific sectoral regulations/guidelines.
Public Comments on Final EIA: 
No
Response to Public Comments: 
Sometimes
Response to Public Comments Detail: 
According to the General Law of the Environment, public comments must be systematized and incorporated into the EIA and, if not, a reason provided. However, in practice this obligation is not fulfilled.
Facilitation of Public Participation: 
Yes
Facilitation of Public Participation Detail: 
The competent authority may require the Executive Summary of the EIA to be translated into the predominant language of the locality where the project is to be proposed. When the predominant language in is such that a written translation of the Executive Summary is not possible, the Competent Authority may request the submission of a magnetic version, digital audio or other appropriate means for broadcast. Decreto Supremo No 019-2009-MINAM, Art. 67. See also Article 70, which expressly mentions ILO Convention 169.
Judicial Review/Enforcement
Citizen Administrative Review: 
No
Citizen Judicial Review: 
No
Project Monitoring: 
Yes
Project Monitoring Detail: 
Peruvian law provides for environmental monitoring to ensure compliance with the obligations undertaken in the EIA. Moreover, in some sectors (e.g. oil) there are mechanisms for citizen participation in community monitoring of activities. This does not replace the power of environmental authorities, but compliments it.
Enforceability of EIA: 
No
Enforceability of Permit: 
No
   Updated 5 Jun, 2014