Resolution N° 021-2014-OEFA/TFA-SEP1

Abstract

SUMILLA: -An administrative precedent of obligatory observance is approved, in accordance with numeral 10.1 of article 10 of Law 29325, in accordance with numeral 1 of article VI of Law 27444 and literal d) of numeral 8.1 of article 8 of the Internal Regulations of the Environmental Control Tribunal, approved by Resolution of the Board of Directors N° 032-2013-OEFA/CD, by which it is established that the
Article 5 of the Regulation for Environmental Protection in Mining and Metallurgy, approved by Supreme Decree No. 016-93-EM, imposes two obligations on the mining owner: (i) adopt, as a preventive measure, the necessary measures to avoid and prevent emissions, spills, waste, residues or others produced as a result of the activities carried out or situations generated in its facilities, from having adverse effects on the environment. In order for non-compliance with said obligation to be configured, it is not necessary to accredit the existence of damage to the environment, it being sufficient only to verify that the mining owner did not adopt the necessary preventive measures to protect the environment from a possible affectation as a product of his mining activity; and, (ii) not to exceed the maximum permissible limits.

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