PANAMA Law and Practice Contributed by: Roy C Durling, Arias, Fábrega & Fábrega
• Category III – applicable to projects whose execution could cause large-scale environ - mental damage, and therefore require a more comprehensive analysis. A project is considered to produce a significant, adverse environmental impact if it meets one or more of the following criteria: • it poses a risk to public and environmental health; • it may affect the quantity or quality of natural resources; • it may cause significant changes to a pro - tected area; • it involves the disruption and resettlement of human populations; or • it may cause changes to areas that have been declared to be of anthropological, archaeo - logical, historical or cultural value. Environmental impact studies must be carried out by qualified professionals, who may be either natural or legal persons, independent from the developer of the project, who are duly certified by the Ministry of the Environment for such work. A resolution by the Ministry of the Environment approving an environmental impact study is valid for two years, and can be extended for justified reasons. The execution of the project must begin during this time; otherwise, a new filing must be made. Environmental impact studies must also include environmental management plans. These plans are documents that establish in detail and in chronological order the activities that the com - pany must carry out to prevent, mitigate, con - trol and compensate for possible environmental damage, or increase the positive environmental impact of the activity. An environmental manage -
ment plan must also include plans for follow-up and monitoring, and for contingencies. Compa - nies are required to comply with these plans, and such compliance is monitored by the Ministry of the Environment. The resolution approving an environmental impact study also establishes the frequency with which periodic reports must be submitted to the Ministry of the Environment. These reports must be drawn up by certified environmental auditors. In the case of mining concessions, applicants must contact the Ministry of the Environment and present their project plans. These plans are also included in the filings to be made with the NDMR for the granting of a concession. Depend - ing on the activities, the Ministry of the Environ - ment may request a certain type of environmen - tal impact study. The approval process for an environmental impact study involves a process of consultation with the communities surround - ing the mining concession. 2.2 Impact of Environmentally Protected Areas on Mining There are environmentally protected areas in Panama, where, generally, no mining conces - sions may be granted. The law seems to pro - vide for the possibility of granting mining con - cessions in such areas, subject to a process of public hearings and the performance of satisfac - tory technical and environmental analyses. How - ever, from a practical point of view, it remains very challenging for mining concessions or other types of activities to be permitted in environmen - tally protected areas. The law established a National System of Pro - tected Areas (SINAP) under the oversight of the Ministry of the Environment and the Directorate of Protected Areas and Biodiversity.
375 CHAMBERS.COM
Powered by FlippingBook