On March 2nd 2016, the Colombian Ministry of Environment and
Sustainable Development ("MADS") issued a norm
("Resolution 0376") listing which works and/or activities
inherent to energy, reservoir, dams and river basin water transfer
projects ("Project") do not require its executor to
request before competent environmental authorities the amendment of
its Project´s environmental license or equivalent permit
("License") prior to their execution, since they are
considered as minor changes or activities of the ordinary course of
the project ("Minor Changes").
Resolution 0376, will only apply to Projects already having a
License which was duly granted by the competent environmental
authority (either by the National Authority of Environmental
Licenses-ANLA, or by local authorities such as Regional Autonomous
Corporations, Great Urban Centers and other environmental
Resolution 0376 classified as Minor Changes works and/or
activities such as: (i) changes in the alignment of watering
systems; and/or drainage for irrigation management districts; (ii)
changes in the alignment of temporary roads or internal
mobilization routes that will be flooded by the project, provided
that certain conditions are met; (iii) maintenance and recovery of
existing roads associated to the project; (iv) installation and
relocation of temporary shredding facilities and/or plants for the
production of asphalt; (v) repowering of national and regional
transmission lines; (vi) modification works to electrical
substations; among other works and/or activities.
If the License holder intends to carry out an activity and/or
work listed as a Minor Change, it require submitting before the
competent environmental authority a detailed report describing all
the activities that will be performed, specifically: (i) a
description of the Minor Change that must include location maps and
designs); and (ii) a technical explanation confirming that the work
and/or activity is indeed a Minor Change according to Resolution
According to Resolution 0376 the work and/or activity cannot
cause new and/or additional impacts to those initially identified
and authorized in the Project´s License and it cannot fall
along any of the grounds or events in which an amendment of a
License is required as described under Decree 1076 of 2015 (Single
In any case, if the work and/or activity meets Minor Changes
requirements set by Resolution 0376, but happens to be not listed
among activities and/or works considered as such, the License
holder may request the environmental authority to determine whether
the activity and/or work may be classified as a Minor Change or if
by the contrary it will have to undergo amendment an amendment
License proceeding prior to its execution.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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