General Law of Ecological Equilibrium and Environmental Protection

    Mexico

    General Law of Ecological Equilibrium and Environmental Protection

    The General Law of Ecological Equilibrium and Environmental Protection (‘the Law’) establishes requirements for the preservation and restoration of the ecological balance and protection of the environment in Mexico. 

    Last Updated: July 30, 2019


  • Requirements

    Article 151 BIS of the Law specifies that prior authorisation from the Secretariat of Environment, Natural Resources and Fisheries (‘the Secretariat’) is required for providing services to third parties in order to operate systems for the collection, storage, transport, reuse, treatment, recycling, incineration and final disposition of hazardous waste. 

    Article 28 of the Law provides that works and activities that may cause ecological imbalances or surpass the limits and conditions established to protect the environment are subject to an environmental impact assessment by the Secretariat. The Article specifies that companies trying to conduct such works and activities are required to obtain prior authorisation on environmental impact issued by the Secretariat. Furthermore, the Law sets out a number of requirements for obtaining prior authorisation. 

    Article 30 of the Law states that, as part of the environmental impact assessment, companies must present to the Secretariat an environmental impact statement, containing a description of the possible effects of the works upon the ecosystemand preventive measures, mitigating measures and other measures necessary to avoid and reduce the negative effects to the environment. In case of activities considered as highly risky, the statement must also include the corresponding risk analysis.  

    Article 34 of the Law outlines that the Secretariat shall publish the request for authorisation in environmental impact matter in its Ecological Gazette. 

    Having evaluated the environmental impact statement of the organisation, the Secratariat will issue, within 60 days upon receipt of the statement, a resolution in which it: 

    • authorises the execution of the work or activity; 
    • authorises the work or activity involved, under the condition that the organisation changes project or establishes additional preventive and mitigating measures in order to avoid or decrease adverse environmental impacts; or 
    • denies the requested authorisation.

    Requirements for inspection visits by the authorities are laid down in Articles 161 to 169 of the Law. 

    Sanctions for violating the measures under the Law include a fine; provisional, definitive, total or partial closure; administrative detention; forfeiture of instruments; and suspension or revocation of concessions, licenses permits or authorisations.  

     

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