Published on October 13, 2005, it invalidates the Environmental and Natural Resources Code D.S No. 613, This standard recognizes the rights of everyone to enjoy a healthy environment and to participate responsibly in the processes of taking It must be an appropriate distribution of the benefits obtained from an optimal environment, and at the same time an appropriate distribution of the costs of having it for all members of society, we insist on that. As a result, D.L. 757 (Framework Law for the Growth of Private Investment Legislative Decree No. 757) lowered certain standards, as they were considered exaggerated and incompatible with the Peruvian reality, as they implied an increase in costs. Before the reforms of the 90s, the lack of an adequate legal framework led some mining companies to produce polluting wastewater in quantities that caused the deterioration of various ecosystems. Although environmental standards existed before the 1990s, no specific measures have been proposed to mitigate impacts and/or adapt technological processes. Similarly, there were no bodies responsible for the audit. In general, there was an atmosphere of uncertainty about the concrete measures and who was responsible for ensuring an acceptable level of environmental protection. At the beginning of the last decade, concerns about environmental protection are increasing.
The 1990 Environmental Code established the guidelines for national environmental policy, although it was later amended by a series of laws favouring private investment that eliminated what they considered to be excessive stringency in the Code. Subsequently, the Environmental Code was repealed under the General Environment Act, Act No. 28611 of 2005. The political constitution of Peru stipulates in its article 2 °, inc. 22 °, that everyone has the right to enjoy a balanced environment adapted to the development of his life. Finally, and for which FFS and MPL are defined, Peruvian legislation creates the ENVIRONMENTAL IMPACT ASSESSMENT (EIA), which corresponds to the assessment of the impact that a project of any kind has on the environment. In this way, the environmental certification established by law of the National Environmental Impact Assessment (EIA) System is not granted if the respective EIA concludes that the execution of the activity would imply non-compliance with an environmental quality standard (CEA). Environmental adequacy and management (EMP) programmes should also take into account environmental quality standards (ECA) when establishing such commitments. The Organic Law establishes the conditions for its use and granting to individuals.
The concession confers on its holder a right in rem, subject to this rule of law. The State determines the national environmental policy. It promotes the sustainable use of its natural resources and is required to promote the conservation of biological diversity and nature reserves. The state promotes the sustainable development of the Amazon with appropriate laws. and in the definition and implementation of policies and measures related to the environment and its components to be taken at all levels of government. It stems from the argument that global environmental problems, especially climate change, loss of natural resources, forest decline and the water crisis that threaten life on the planet, are now attracting international attention. Therefore, the world has begun to understand the true meaning of environmental protection, and Peru is no exception. Undoubtedly, this century is crucial for the search for sustainable economic growth with social justice, conservation of natural resources and protection of the environment, the challenges for the country are based on respect for the political constitution of Peru and within the framework of the obligations of treaties and conventions, the Millennium Development Goals and signed trade agreements. and in the implementation of sustainable development.
Everyone has the right to adequate and timely access to public information on policies, standards, measures, works and activities that could have a direct or indirect impact on the environment, without the need to assert a justification or interest justifying such a request. The competent sectoral authority for environmental affairs in the energy sector is the General Directorate of Energy and Environmental Affairs (DGAAE) of the Ministry of Energy and Mines, this directorate is the technical regulatory authority responsible for proposing and evaluating the policy, proposal and / or adoption of the necessary regulations, as well as the promotion of the implementation of activities related to the conservation and protection of the environment related to the development of Energy Activities. as regards electricity and hydrocarbons; it also promotes the strengthening of harmonious relations between companies in the sector and civil society involved in the sector`s activities. Environmental Impact Assessments – EIAs include a description of the project and its foreseeable direct or indirect effects on the physical and social environment in the short and long term, as well as the technical assessment of the project. These studies should indicate what measures are needed to prevent or reduce harm to tolerable levels (PML).