Brazil:
INCRA Issues Regulation on Environmental Licensing Proceedings affecting Maroon (Quilombola), Lands
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The National Institute for Brazil was established on December 23, 2021.
Published Colonization and Land Reform (“INCRA”)
Normative Ruling No. 111/2021 (“IN”) is to establish the
The agency must observe all administrative procedures during the
Environmental licensing proceedings for projects that have an impact on maroon
lands.
In accordance to Interministerial Order MMA/MC/MS Number. 60/2015
IN stipulates that INCRA must issue an opinion technical, which is required by law
The competent environmental agency must require this,
Projects to be installed within the limits set by Annex II
Both regulations
Activity |
Distance in kilometers to maroon communities |
|
| Legal Amazon | Other Regions | |
| Railways | 10 km | 5 km |
| Pipeline | 5 km | 3 km |
| Transmission lines | 8 km | 5 km |
| Highways | 40 km | 10 km |
| Non-linear projects | 10 km | 8 km |
| Hydroelectric power plants | 40 km* or reservoir with the addition of 20 km downstream | 15 km* or reservoir with the addition of 20 km downstream |
| * measured from the reservoir dam Axis |
||
If maroon lands can be identified within the direct influence zone of
INCRA must consult with the impacted to begin the project.
communities. The project must be consulted before it can proceed.
Developer must make the community available, depending on the
Phase licensing, Work Plan, Quilombola Component Assessment
(“ECQ”), Basic Quilombola Environmental Project
(“PBAQ”), and/or Final Report. The IN will not however.
If the consultation is not possible due to other reasons, you can request it.
The agency’s and the project developer’s control.
However, ECQ is required to issue ECQ.
For the issuance of preliminary licenses and PBAQ, you will need to have
Installation Licenses, the IN states that both the IN and the IN apply to each case.
If the impacted communities consent, documents can be prepared simultaneously
You agree to this.
Additionally, if the project is in an area where there has been no precedent
Studies have been completed, the project developer will continue to do so.
These studies can be used with the appropriate adjustments.
The IN came into effect on January 3, 2022 and is still in force
to environmental licensing proceedings that were in place
progress.
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This article includes information and comments regarding legal.
Developments and issues of interest. The above is not intended to be a comprehensive list.
Comprehensive treatment of the subject matter is not possible.
Not intended to provide legal advice. Specific information should be sought by readers
Before you take any action regarding the matter, get legal advice
discussed herein.
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