ARGENTINA Law and Practice Contributed by: Sebastián P. Vedoya, Sergio Arbeleche and Dolores Cattaneo, Bruchou & Funes de Rioja
ronmental regulations arising from the Federal Minimum Environmental Standards Legislation and the FMC, and of course from any other pro - vincial environmental legislation. Permits and Insurances After obtaining the relevant permits, miners may freely exploit their mining concessions, without being subject to rules other than those pertaining to their safety, police and environmental protec - tion. The protection of the environment and the preservation of the natural and cultural heritage in the mining activity field shall be subject to the provisions of the FMC and other applicable envi - ronmental regulations. Once the environmental permit is obtained through the pertinent approv - al of the submitted environmental impact report, the mining concessionaire needs to update that permit at least once every two years. The General Environmental Law establishes that the environmental evaluation process should include a public participation mechanism prior to the issuance of permits for activities that could generate a negative impact. Moreover, the General Environmental Law also establishes that any person engaged in activities that may endanger the environment, the ecosystems and their elements, shall take out insurance with adequate coverage to ensure the funding of restoration activities intended to repair any damages caused; in addition, depending on the case and possibilities available, it may contribute to an environmental restoration fund allowing the implementation of remedial actions. 2.2 Impact of Environmentally Protected Areas on Mining There are certain protected areas and reserves that forbid the performance of mining activities, according to their applicable legal framework and/or management plans and rules (eg, certain
glaciers, national and provincial parks, etc). In these areas, mining is usually prohibited. 2.3 Impact of Community Relations on Mining Projects Public participation is mandatory during the procedure to approve the environmental impact assessment of mining projects (according to the Federal Environmental Law No 25,675 and similar provincial legislation). Moreover, the environmental impact report must consider the project’s social impacts and propose mitigation measures. As regards indigenous people, a prior consulta - tion must be carried out in certain cases (under International Labor Organization Convention No 169 and other regulations). 2.4 Prior and Informed Consultation on Mining Projects The General Environmental Law establishes that the provinces shall institutionalise a consultation procedure or public hearing as a mandatory stage to authorise those activities that may have significant adverse effects on the environment. The instance of citizen participation should be carried out prior to the authorisation granted to a natural resource exploitation project (such as a mining project). This instance of citizen participation is usually fulfilled in the context of the analysis by the gov - ernment of an Environmental and Social Impact Assessment (ESIA) prior to the granting of any authorisation. Its omission, or its late compli - ance, could imply the nullity of the authorisation. The ESIA provides an appropriate framework for the development of citizen participation, since its purpose is to evaluate the possible impact that a project could have on a specific commu -
44
CHAMBERS.COM
Powered by FlippingBook