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Simplified Environmental Licensing System and its second phase
[/vc_column_text][us_separator][vc_column_text]With the current COVID-19 pandemic, efforts have been accelerated in the country to enable users to access digital and transparent tools within the Public Administration. This article aims to briefly learn about the Simplified Environmental Licensing System, which is a procedure that has been carried out online through a platform created to obtain an Environmental License expeditiously and the start of its second phase. With this, we comment on the new features brought by the implementation of this phase, with important modules within the platform such as: 1. Control and Monitoring of environmental measures; 2. Environmental Complaints; 3. Renewal of Environmental Licenses; 4. Presentation of Environmental Services 5. Tracking of files. In order to implement these tools as part of the procedures carried out before the public administration, a few months ago (May 2021), the Ministry of Natural Resources and Environment (MiAmbiente+) launched the second phase of the Simplified Environmental Licensing System (SLAS II), having previously promised a simple process. This promise comes with deadlines that at first glance seem incredible, such as the fact that in just 28 seconds the environmental viability of a project can be determined, and that within 24 to 48 hours the environmental operating license (License Operativa) can be granted, and within 6 months the environmental operating license, provided the proponent submits the documentation and other requirements required by the system. The difference between the two licenses can be found in the Regulations of the National Environmental Impact Assessment System. The Operating License is the permit issued certifying that the proponent has satisfactorily submitted the minimum technical and legal requirements to begin the development of a project, work, or activity. The permit becomes null and void once the Operating License is obtained. The latter certifies that the proponent satisfactorily complied with all the steps and requirements required by law to continue with execution. In other words, with the former, development of a project can begin. In order to meet the above and other objectives, such as promoting socioeconomic development, generating decent employment, human well-being, and protecting the environment, a new Environmental Categorization Table for the Republic of Honduras has been updated, simplified, and modernized, effective May 10, 2021. Currently, the Simplified Environmental Licensing System operates in simple steps as follows: Project developers, PES, or legal representatives enter the average coordinates in the WG S84 system into the platform, which represent the vertices of the property or building polygon, information about the company, legal representative, and project, as well as the documents that will comprise the file according to requirements. Once the above documentation is uploaded, the system checks certain parameters, thereby verifying the project's viability. At this point, the proponent has an idea of how complex or simple their application may be. In this process, there are a number of other requirements to complete, which may vary depending on the type of activity to be developed and its classification according to the Environmental Categorization Table. Subsequently, the application for an environmental license is submitted in physical form, along with the corresponding technical and legal documentation from the environmental service providers, with the intention of obtaining the Operating License and, subsequently, the Functioning License. The importance of this is to provide clarity to prospective investors. For example, if a project is to be developed in an environmentally fragile area, the system has the ability to indicate whether the project is viable or not, well before any investment is made or the environmental impact is impacted in the event of a possible denial. For many years, the process was heavily criticized for being a slow, opaque, and uncertain process, adding to the uncertainty surrounding its correctness. With the Simplified Environmental Licensing System, the result is expected to be a useful and transparent process so that, once the proponent enters the information into the platform, the system immediately provides the project's viability. Let us remember that the Ministry of the Environment has the authority to decide whether a project is initiated and its life, and it also dictates to the owner the measures or activities necessary to mitigate environmental impacts. I conclude that all these efforts must continue to be made to attract or maintain investment in the country. Innovation in tools such as this type makes investment attractive to entrepreneurs, since delayed procedures discourage investment. It is important to emphasize that any tool proposed for use must seek to facilitate investment, generate employment and development in the country, while maintaining harmony with the environment. At Lexincorp Central American Law Firm, we have the appropriate experience to assist you in reviewing the administrative procedures required prior to investing in Honduras, especially if your project requires the services of a legal team well-established in the management of Environmental Licenses through the Simplified Environmental Licensing System. For additional information, please email infohn@lexincorp.com.
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