The General Environmental Law and its Regulations integrate the technical and legal requirements for the Environmental Licensing process, as well as the duty of compliance and surveillance of projects to prevent the commission of crimes and infractions, being these the basis of the regulatory framework for the due compliance of environmental measures. Decree No. 104-93 indicates that the regulatory entity for all environmental activities will be the Secretary of Natural Resources and Environment (SERNA).
In addition, the Environmental Impact Assessment Regulation (SINEIA), whose objective is to create an environmental impact assessment instrument for the sustainable development of the country and its natural resources, establishes an environmental licensing procedure to optimize the work of the State, municipalities and international cooperation for greater productivity, facilitate private and international sector investment and, above all, the conservation of natural resources.
The aforementioned legal tools have a series of principles, legal and technical regulations, by which the environmental licensing processes in SERNA and the delegated entities must be governed; we can mention some of the obligations of the Secretary of State for the Environment:
- Determine the category of projects, according to their environmental impact.
- Issue environmental licenses.
- To oversee strict compliance with national environmental legislation and international treaties and agreements signed by Honduras.
- Determine administrative sanctions for non-compliance with legislation.
- Develop and coordinate a National Environmental Information System.
- Propose those measures deemed appropriate to preserve natural resources.
The regulatory framework establishes that every project, work or public or private activity must have an environmental license before starting operations, beginning with the categorization of the project. Once the technical and legal requirements are met, the regulatory agency issues the resolution that includes the environmental control measures, as well as the corresponding issuance of the environmental license, which is valid for five years and must be renewed in accordance with the law, four months prior to its expiration date. It is important to point out that it is the obligation of the owner of each project to comply with the measures, accrediting compliance with the Environmental Compliance Reports (ICMA), which are submitted annually, to avoid penalties, such as fines, suspension of the environmental license, or even closure of the project, and above all to prevent the commission of crimes.
Environmental Compliance Monitoring.
The General Environmental Law and its Regulations establish that any action or omission that violates the environmental legislation and administrative provisions constitutes a crime or infraction. Therefore, ensuring due compliance and vigilance helps to strengthen the Natural Resources, and keep under general supervision all projects likely to generate an environmental impact.
The powers of inspection and surveillance of the regulatory agency are set forth in Article 83 of the General Environmental Law, which establishes that its officers are vested with sufficient authority to inspect premises, establishments or specific areas, to demand from whom it may concern, the information that will allow them to verify the faithful compliance with the corresponding legal provisions.
The administrative infractions regulated in the General Environmental Law, as well as in its Regulations, are graded according to their negative impact on the environment, and may be minor, less serious and serious, therefore, the constant monitoring of projects by the authority, as well as the practice of constant internal audits of each project, to supervise the level of compliance, will help reduce negative environmental impacts.
In this way the environmental matter generates a management system; which normally implies adopting good practices in the projects, focused on regulating the contamination of the different environmental aspects, that attend to reinforce the fulfillment of the environmental guidelines to generate a validation of the country as signatories of different treaties or world initiatives; that seek the protection of the resources and to guarantee the quality of life.
Alexander Amaya
