Community Consultations Are Not Binding

Guatemalan Entrepreneurs are asking for the consultations with communities about the environmental impact of mining and infrastructure projects to be regulated.

Wednesday, December 11, 2013

The Guatemalan Chamber of Industry (CIG) and the Union of Extractive Companies (GEE) has proposed the creation of a regulation governing community consultations, believing that these should be one more indicator in the approval process, and should not be binding in nature.

Javier Zepeda, president of the IGC told that "due to the lack of information on the subject of consultations, handling in some communities and the lack of dialogue between the sectors involved, it is necessary to create a regulation which stipulates the mechanisms for its realization."

"Some leaders say public consultations are binding, ie they have the power to dismiss a license approved by the Ministry of Environment and Natural Resources and Mines and Energy," he added.

More on this topic

Deadline for Environmental Compliance Extended

January 2020

Until December 16, 2022, businesses in Guatemala will have to comply with the rules contained in the Regulations for Environmental Evaluation, Control and Monitoring.

The Ministry of Environment and Natural Resources (MARN) reported that after the publication of Government Agreement 317-2019 on December 24, 2019 in the Central American Journal, which reforms Government Agreement 137-2016, the period was extended by three years so that all projects, works, industries or productive activities present their respective environmental instruments in order to function.

Sanctions for Lack of Environmental Studies

March 2019

January 3, 2020 is the deadline for companies and businesses that already operate in Guatemala and do not have the study, submit their Environmental Diagnosis to receive a reduction in the fine.

Fines for companies that do not yet have an Environmental Diagnosis could be as high as $13,000; however, if they present their documentation before the deadline, the penalty could be set at $650.

Guatemala: Deadline to Comply with Environmental Standards

October 2017

Companies have time up until July 2018 to make the necessary modifications to comply with the new environmental rules to avoid fines or even closure of their business.

The Regulation on Environmental Evaluation, Control and Monitoring, published in July 2016, gave a period of two years for companies in operation to implement the changes needed in order to comply with the regulations.

Guatemala: New Rules for Environmental Permits

July 2016

One of the new features of the new Regulation on Evaluation, Control and Environmental Monitoring is that category A and B1 environmental diagnostic must be subject to public consultation.

From a statement issued by Agexport:

The Environmental Management Unit at AGEXPORT, wishes to inform the export sector of the publication of Government Agreement 137-2016, Regulations Assessment, Environmental Monitoring and Control, which was published on July 12, 2016 in the newspaper Diario de Centroamérica.

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