Law No. 3.804 providing for the environmental licensing in the State of Tocantins.
Country
Type of law
Legislation
Abstract
This Law establishes general standards for the licensing of activities or enterprises that use environmental resources, which are actually or potentially polluting or capable, in any form, of causing degradation to the environment, in accordance with art. 10 of Federal Law No. 6.938 of 31 August 1981. It applies to environmental licensing carried out before the bodies of the municipalities that are part of the National Environmental System (SISNAMA), observing the attributions established in Federal Complementary Law No. 140 of 8 December 2011. The principles of environmental licensing are: public participation, transparency and social control; precaution; preponderance of public interest; speed and procedural economy; prevention of environmental damage, mitigation and compensation of environmental impacts, to be adopted in that order within the scope of the analysis of environmental impacts; integrated analysis of environmental impacts and risks; maximized use of computer systems and electronic monitoring; standardization of standards, analysis procedures and information systems to be adopted by the state agency and municipal environmental bodies as a measure of equality for entrepreneurs and enterprises in the State of Tocantins, respecting regional differences; user-pays and polluter-pays; promotion of sustainable socioeconomic development in the State of Tocantins; compliance with ecological and economic zoning indications; analysis of the synergistic impact of individual ventures; respect the indications of the Management Plans for Environmental Protection Areas; integration and linking of environmental licensing acts with the control instruments provided for in state policies for water resources, protection of native vegetation, and the state system of conservation units; the responsibility for environmental damage, of the entrepreneurs and those responsible for the project. The construction, installation, expansion and operation of enterprises and activities that use environmental resources, which are actually or potentially polluting or capable, in any form, of causing environmental degradation will depend on prior environmental licensing.
Attached files
Web site
Date of text
Entry into force notes
This Law enters into force on the day of its publication.
Repealed
No
Source language
English
Legislation Amendment
No
Original title
Lei n. 3.804 - Dispõe sobre o Licenciamento Ambiental no âmbito do Estado do Tocantins, e adota outras providências.