COSTA RICA Law and Practice Contributed by: Germán Pochet Ballester, BioIuris
creation of wildlife management sites such as zoos, are processed before the National System of Conser- vation Areas (SINAC). Permits for the use or extraction of water resources, including wells or river intakes, are issued by the Water Directorate. In the case of con- struction projects or other activities that may generate environmental impacts, the process must be carried out before the Environmental Technical Secretariat (SETENA), which grants the environmental viability required for project implementation. SETENA is responsible for the evaluation, control and follow-up of projects subject to environmental assessment. Applicants must submit an Environ- mental Impact Assessment or, for lower-risk activi- ties, an Environmental Impact Statement. The process involves the review of technical, legal and environ- mental aspects, and may include additional studies or public consultation depending on the project’s category and potential impact. Once the evaluation is complete, SETENA issues a Resolution of Environ- mental Viability, which constitutes the environmental permit authorising the project to proceed under the approved conditions. This resolution establishes bind- ing environmental obligations and monitoring require- ments. 4.3 Regulators’ Approach to Policy and Enforcement Costa Rica’s regulatory approach to environmental policy and enforcement is guided by the principles of prevention, precaution, in dubio pro natura and sus- tainable development, as established in diverse regu- lations and jurisprudence. Environmental protection is considered a matter of public interest, and the state is constitutionally obligated to guarantee the right to a healthy and ecologically balanced environment. 4.4 Transferring Permits/Approvals In Costa Rica, environmental permits and approvals may, in certain cases, be transferred to another indi- vidual or corporation, subject to the approval of the competent authority and compliance with specific legal and administrative requirements. The transfer process and applicable conditions depend on the type of permit and the issuing institution. For exam- ple, concessions within the Maritime–Terrestrial Zone may be transferred to another holder, provided that
the cession is duly authorised by the respective local government and Costa Rican Tourism Institute when applicable. Similarly, water use concessions and permits granted by the Water Directorate within the Ministry of Envi- ronment and Energy (MINAE) may be transferred to another party upon formal request. The transfer requires the submission of supporting documentation. The new holder assumes all obligations and respon- sibilities associated with the concession, including environmental and technical compliance. In the case of environmental viability approvals issued by the Environmental Technical Secretariat (SETENA), the transfer is also possible through a formal application submitted to SETENA. The request must include: • documentation identifying the new project holder; • proof of ownership or legal control over the project or property; and • evidence that all environmental obligations remain in force. SETENA then issues a resolution formally authorising the transfer, ensuring that the new holder maintains full responsibility for compliance with the approved environmental conditions. In all cases, the transfer of environmental permits or concessions must be expressly authorised by the corresponding authority and is not automatic. The recipient assumes all envi- ronmental obligations, monitoring duties, and liabili- ties derived from the original authorisation. 4.5 Consequences of Breaching Permits/ Approvals The legal and practical consequences of breaching an environmental approval or permit in Costa Rica depend on the type and severity of the violation, as well as the authority that issued the permit. Breaches may include the revocation or suspension of the per- mit, as well as administrative, civil or criminal liability, and the responsible party may also face corrective or restorative obligations imposed by the competent environmental authority. In practice, enforcement often combines administrative and corrective meas- ures aimed at ensuring compliance and preventing further harm.
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