On March 23, 2021, Decree No. 46,890/2019, by the State of Rio de Janeiro, came into effect, which “provides for the State System of Licensing and other Environmental Control Procedures – SELCA, and makes other provisions.”
The new Decree revokes and replaces the previous one (State Decree No. 44,820/2014), introducing significant changes to the State environmental licensing system, focused on its simplification.
The following are some of its major changes:
- Classification of enterprises and activities subject to licensing as strategic or sensitive, with differentiated procedures, through the creation of the State Register of Strategic Enterprises and Activities (“CAE”) and the State Register of Environmentally Sensitive Enterprises (“CEASE”);
- New types of environmental licenses: Integrated Environmental License (“LAI”), Communicated Environmental License (“LAC”), and Unified Environmental License (“LAU”);
- Extinction of the Simplified Environmental License (“LAS”), the Previous and Installation License (“LPI”) and the Installation and Operation License (“LIO”), those already granted being in force until their final term;
- New environmental studies: Summarized Environmental Diagnosis (“DAR”), and Environmental Compliance Study (“EAC”);
- Environmental licensing not depending on the presentation of certificates from other agencies, such as municipal certificates of land use and occupation, whose presentation, however, may be a condition of an eventually granted license[1]; and
- Absence of intervening agencies (e.g., Instituto Chico Mendes de Conservação da Biodiversidade – ICMBio, Fundação Nacional do Índio – FUNAI, Fundação Cultural Palmares – FCP) to manifest within the stipulated period will not hinder the environmental licensing process.
Initially, the rule would come into effect in June 2020. However, State Decree No. 47,141/2020 extended its effectiveness to add more time to implement necessary adjustments to the new licensing system.
Finally, it is worth noting that conversion to the new SELCA instruments will be available for the ongoing licensing procedures and other State environmental control instruments.
Our Environmental team is at your disposal for further clarifications.
Sincerely,
Environmental