Decree 2041/2014

This decree builds on the 1993 Law that creates the Environmental Ministry.

 

Article 8 spells out the jurisdiction for the National Licensing Authority (ANLA). For hydrocarbon (HC) sector activities it includes: exploratory drilling projects outside of existing HC production fields; drilling of any wells and construction of gathering lines; transportation of HCs developed outside of existing HC production fields when it requires construction of pipelines greater than 6 inches in diameter (excludes distribution); delivery terminals, refineries, and petrochemical plants; and, coal mining > 800,000 tons per year.

 

It states that autonomous regions and other environmental authorities may not grant environmental permits, concessions, or authorizations when those powers fall into the exclusive jurisdiction of ANLA (Art 3). 

 

Title 3 details requirements for environmental impact studies (see Law 99) -  no aspects currently cover methane releases or air pollution.

 

Article 18 requires an assessment of development alternatives for exploration or pipelines, and construction of refineries and petrochemical plants, but not for production. 

 

Environmental licenses can be modified (Art 29), transferred (Art 34), merged (Art 35), or lose validity if a project does not start within 5 years (Art 37).

 

Article 40 empowers environmental authorities to monitor activities for compliance with the license (and can modify conditions over time based on cumulative impact reviews from other projects coming to the area).

 

Article 41 states project owners must plan for abandonment, and these plans must be submitted to the environmental authorities. Environmental authorities do not terminate the environmental license until the abandonment plan is approved and financing secured. 

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