THE DEVELOPMENT OF ENVIRONMENTAL LAW IN LATIN AMERICA

• Jurisdiction: Derecho Internacional

International Mining and Oil & Gas Law, Development, and Investment
(Apr 2015)
CHAPTER 21B
THE DEVELOPMENT OF ENVIRONMENTAL LAW IN LATIN AMERICA
Eduardo Paseta
Legal Manager
Marcobre S.A.C.
Lima

[Page 21B-1]

EDUARDO PASETA is the Legal Manager at Marcobre S.A.C., which owns the Mina Justa Project in Peru. The Mina Justa Project is one of the main mining projects of the BRECA Group, one of the largest business conglomerates in Peru. Before joining Marcobre, Eduardo was the Superintendent of Regulatory Affairs at Compañia Minera Antamina S.A., where he was the responsible for leading the Regulatory Area of the Legal and Compliance Department. Prior to that, he was an Associate at the Osterling Law Firm, providing legal advice to a number of mining companies such as Antamina, Rio Tinto, Xstrata, and Gold Fields. Eduardo received a Master of Laws in Environmental and Natural Resources Law and Policy from the University of Denver - Colorado (USA), with a focus on mining and environmental law, and his Bachelor's Degree in Law from the University of Lima, Peru.

Case Study - Environmental and Regulatory Aspects in Mining in Peru

RMMLF International Mining and Oil & Gas Law, Development, and Investment

Cartagena - April 20-22, 2015

INSTITUTIONAL FRAMEWORK

• Ministry of Energy and Mines (MINEM).

• Ministry of Environment (MINAM).

• National Environmental Certification Service for Sustainable Investments (SENACE).

• National Water Authority (ANA).

• Environmental Assessment and Supervisor Agency (OEFA).

• Natural Protected Areas Authority (SERNANP).

• Ministry of Culture (MINCUL).

[Page 21B-2]

GENERAL ENVIRONMENTAL FRAMEWORK (1)

• Constitution (1993)

• 2005 - General Environmental Law (Law 28611)

• 2001 - Law of the National System of Environmental Impact Assessment (Law 27446) and its Regulations - (Supreme Decree 019-2009-MINAM)

• 1997 - Organic Law for the sustainable use of Natural Resources (Law 26821)

• 1997 - Natural Protected Areas Law (Law 26834) and its Regulations (Supreme Decree 038-2001-AG)

• 2000 - Solid Waste General Law (Law 27314) and its Regulations (Supreme Decree 057-2004-PCM)

• Especial Regulations for Investments Promotion (Supreme Decree 054-2013-PCM)

GENERAL ENVIRONMENTAL FRAMEWORK (2)

• National Environmental Standards for Air Quality (Supreme Decree No. 003-2008-MINAM)

• National Environmental Standards for Soil Quality (Supreme Decree No. 002-2013-MINAM)

• National Environmental Standards for...