Honduras Environment is regulated by the General Law of the Environment and its bylaws; the General Bylaws of Environmental Health; and by the National Environmental Impact Assessment System bylaws.
The National Environmental Impact Assessment System (in Spanish and hereinafter indicated as SINEIA) was created by the General Environment Law (Decree 104-93 , May 27th 1993) to submit, for a previous environmental impact assessment (in Spanish, EIA), the projects, industry facilities or any other private or public activity that could diminish or contaminate the environment.
Furthermore, the National Environmental Impact Assessment System bylaws were enacted on December 17th 1993 and published on March 5th 1994 to provide the legal framework required for the implementation of the SINEA.
Last December 31st 2009 the Secretary of Natural Resources and the Environment (SERNA) enacted new reforms to the Regulations of the SINEIA through Agreement Number 189-2009.
The Regulations of the National Environmental Impact Assessment System are based on the following principles: Prevention, Precaution, Environmental Responsibility, Proportion, and Gradual, Audit based on Credentials and Certifications and Clear rules.
Most of the Regulations´ reforms are focused on the requirements for obtaining an environmental license which include: the categories; the procedure for the study of the environmental impact; and, the procedure for the control of the human activities and environmental incentives.
It is provided that the Environmental License will have a tariff that must be paid according to the total value of the project.
There are 4 categories now, depending on the different kinds of environmental impact: low environmental impact, moderate environmental impact and high environmental impact.
Also a new concept was introduced, the "Megaproyecto" (Megaproject) in category four, that includes: Hydroelectric Energy Generation Projects; Exploitation of Metallic mines; Oil production and Great Infrastructure Projects, among others. In this category, the submission of the environmental impact study is mandatory.
Environmental studies for low environmental projects may be obtained in a period of 15 days.
The revision of the environmental impact study for categories of high environmental impact that are not Megaprojects, could be ready in 60 working days; and, those which fall under the Megaprojects category, in 80 working days.
In the Central American region there is an Agreement since 2002 for the development, strengthening and harmonization of the environmental assessment systems, which establishes the technical guidance that each country must adapt according to its own reality and condition.
Under that same vision, Honduras is looking forward to accomplishing environmental laws such as the compliance of this new step, in the form of legal instruments that will guarantee the sustainable development of the country and the wellbeing of future generations.
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