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Environmental Compliance: Extension to Process Environmental Instruments

Newsletter #144 / January 2023

An extraordinary 22-month extension was granted on December 2, 2022, so that the already existing projects, constructions, industries, or activities that produce changes to the environments may present the corrective environmental instrument. The new deadline is September 27, 2024. Furthermore, it was also extended to the same date the term to obtain the environmental license.
 
The decision was published in Governmental Agreement 298-2022,which amends the Environmental Assessment, Control and Follow-Up Regulations.

If you have not yet presented your requests, you are on time to regularize your projects or to obtain your environmental licenses under the previously indicated benefits.

The Environmental Impact Assessment must be prepared by experts in the field, and it must be approved by the Ministry of the Environment and Natural Resources. Following the presentation of the request, such Ministry will verify that the project or industry does not have complaints for events or omissions that may have damaged natural resources, that the incidental process has been resolved and that the presentation is voluntary within the indicated term, which will result in the imposition of a fine of just GTQ.5,000.00, regardless of the category.

The project or industry that does not regularize its situation within the extraordinary term must pay a fine, in accordance with its category, which may range between GTQ.5,000.00 and GTQ.100,000.00.
 
All projects or industries approved before July 12, 2016, must have an environmental license. If they do not meet the requirements to obtain it, the file will be shelved, and the requesting party must present a new environmental instrument.

For more information, please contact:

Ana Lucía Chávez: analucia.chavez@carrillolaw.com

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