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Official Gazette publishes rules for environmental compensation

The Official Journal of the Union of this Thursday (06) brings the Resolution 371 of Conama - National Council of the Environment published. The text establishes general guidelines to guide IBAMA - Brazilian Institute of Environment and Renewable Natural Resources, state and municipal environmental agencies on the necessary procedures in the collection and application of resources paid by companies whose activities generate significant environmental impact.
The measure was approved at the 47th extraordinary meeting of the Council, in Curitiba (PR). The goal is to ensure clarity and objectivity for the management of these resources, as well as define ways of controlling expenses. With the Resolution, it will be possible to establish how the environmental body can assess the degree of damage caused to the environment. Environmental compensation was established by law 9.985, of 2000, which creates the Snuc - National System of Conservation Units. It determines that in cases of environmental licensing of ventures of significant impact on the environment, the entrepreneur is required to invest in. Conservation Units (Ucs) to compensate for the damages caused. The law holds for both private and public entrepreneurs.

The Resolution approved by the Conama defines rules for the collection and distribution of environmental compensation resources. The measure requires that money collected from environmental compensation be applied to different conservation units, whether federal, state or municipal. The choice of units that will benefit from the compensation must meet specific criteria. All areas affected by the renovation will receive resources proportionately. If there is no affected UC, the resources generated will be applied to the creation or maintenance of integral protection units in the same biome of the region where the work will be constructed.

Until IBAMA or state or municipal environmental agencies establish and publish a methodology to define the degree of environmental impact, the percentage will be set at 0.5% of the expected costs for the implementation of the project. Also published on Thursday was the ordinance that implements the Document of Forest Origin, which will replace the ATPF - Forest Product Transport Authorization. The text creates a Technical Committee to monitor and evaluate the implementation of the new system. This committee will be composed of two representatives from the Ministry of Environment, two from the Brazilian Association of State Environmental Entities, one from the Brazilian Forum of NGOs and Social Movements and one from the business sector. The group must report within 120 days. (Gisele Teixeira / MMA).