Unique Environment licensing scheme: A title, a process, a fee
1. Framing
Was published on 11 may, Decree-Law No. 75/2015, which approves the long-awaited single licensing scheme (LUA) Environment. This new MOON scheme aims at the simplification of procedures of environmental licensing schemes, regulating the procedure for issuing the Single Title environmental (YOUR), embodied in a single electronic title of all acts and licensing of prior scrutiny in the field of the environment applicable to the request, condensing all the information concerning the requirements for the establishment or activity in question in relation to the environment.
The MOON aims to make faster the process of environmental licensing, and consolidates in a single title YOUR, the following licensing regimes and of prior control on environmental issues: •Legal framework of the Environmental impact assessment -Decree-Law No. 151-B/2013, of 31 October, amended by Decree-Law No. 47/2014, of 24 March;
•Accident prevention scheme involving hazardous substances and the limitation of their consequences for man and the environment -Decree-Law No. 254/2007, of July 12, as amended by Decree-Law No. 42/2014, of 18 March;
•Industrial emissions scheme -Decree-Law No. 127/2013, of 30 August;
•Emissions trading scheme for greenhouse gases -Decree-Law No. 38/2013, of 15 March, with regard to fixed installations and Decree-Law No. 93/2010, of 27 June, with regard to the aviation sector;
•General waste management System -in Decree-Law No. 178/2006, of 5 September;
•Assignment Scheme of water resource utilization (TURH) -Decree-Law No. 226-A/2007, of May 31;
•Legal Regime of disposing of waste in landfill, technical characteristics and requirements to be observed when designing, licensing, construction, operation, closure and post-closure of landfills -Decree-Law No. 183/2009 of 10 August, as amended by Decree-Law No. 183/2009 of 10 August, as amended by decree-laws Nos. 84/2011, of 20 June, and 88/2013, of 9 July;
•The legal framework for the licensing of the installation and operation of integrated recovery centers, recovery and disposal of hazardous wastes -Decree-Law No. 3/2004, of 3 January, as amended by Decree-Law No. 31/2013, of 22 February; and
•The environmental impact assessment procedures (AINCAS) -articles 33-R the 33-U section IV of Decree-Law No. 215-B/2012, of 8 October.
2. Purposes and essential aspects
The MOON aims to integrate and streamline procedures of licensing, to the extent that, the deadlines for a decision for each license or act of prior checking and all the environmental procedures, are running at the same time and on the basis of a single application submitted electronically via the electronic platform Integrated environmental licensing System (SILIAmb).
Like this:
•Under the SILIAmb the applicant will have access to simulators that allow the respective framework for economic activity in the various environmental regimes applicable, with automatic calculation of fees to be borne.
•The management of the MOON and issuance of YOUR fit to the Portuguese Environment Agency (APA), (this responsibility shared regionally with the CCDRs).
•Is created the figure of the Manager of procedure with a view to ensuring links between the Coordinator and the other entities involved in the procedure, fitting to this Manager, the provision of information requested by the operators.
•Deadlines applicable regimes do not suffer, however changes are initiated at the same time, with the possibility of defining a maximum time horizon to obtain all licenses and other acts of prior environmental control, which corresponds to the longest period between the applicable.
•The MOON can incorporate any decisions or commitments in environmental matters, without prejudice to the possibility of keeping required only decisions or environmental permits that, at a given moment, of interest to the applicant, which are successively entered in YOUR.
•Accredited entities may intervene at all stages of the procedure, except the final decisions within the competence of the regulatory entities in relation to the environment.
•Implements the principle of procedural economy, dismissing the claimant to gather elements that have already been presented in the context of previous procedures (while the same remain valid and updated).
•It creates an environmental charge only (TAU).
3. rate
The procedure of issuing YOUR is subject to payment of the TAU, whose value is expected to be lower than fees for environmental regimes in force, considered individually. The value of the TAU, your billing, payment and allocation of its revenue will be regulated by order of the members of the Government responsible for the areas of finance, the economy and the environment, to approve within 90 days after the publication of Decree-Law No. 75/2015, of May 11, applying to that date, the rules currently in force in relation to value , mode of payment, billing and revenue affectation.
4. entry into force
The MOON enters into force next day June 1, 2015, not, however, applicable to the procedures of issuance of licence or other Act of prior scrutiny in the field of the environment which are in progress at the date of its entry into force.
Proviso that the licenses and other acts of prior checking issued under previous legislation remains in force in accurate terms.
Mindful of the relevance of the Moon and the changes introduced by the same in the coming Newsletters apronfundaremos some of the essential aspects of this new regime.
Contact/additional information:
Carla Martins Branco- [email protected]
Joana Magalhães Silva- [email protected]