Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 31
Offshore Wind Worldwide 2023
activities or undertaking by means of
evaluating two main aspects of the
project: (i) the design and plans of the
project, including its purpose, scope, and
objectives, and (ii) the suitability of the
chosen site (location) for implementation of the project. It involves assessing
the suitability of the chosen location
taking into account environmental
factors, land or water use considerations,
potential impact on ecosystems, and
compatibility with existing infrastructure
or land or water use plans. The process
for obtaining a preliminary license is as
follows:
1) SPU and Navy authorizations:
Interested parties are required to
obtain necessary authorizations from
other relevant bodies such as the
Secretariat of Federal Heritage (Secretaria de Patrimônio da União, or SPU)
and the Brazilian Navy;19
2) Submission of the
Environmental Impact Study:
The Environmental Impact Study
(Avaliação de Impacto Ambiental, or
AIS) must be conducted, along with
an accompanying Environmental
Impact Report (Relatório de Impacto
31
ao Meio Ambiente, or RIMA). 20 The
environmental agency has the legal
authority to streamline the environmental impact assessment process
for electricity generation projects with
minimal pollutant potential. This can
be accomplished by conducting simplified studies during the preliminary
licensing phase, such as the Simplified
Environmental Report (Relatório Ambiental Simplificado, or RAS). 21,22
Throughout the licensing process,
other federal agencies, including the
National Indian Foundation (Fundação
Nacional dos Povos Indígenas, or
FUNAI), the Palmares Cultural Foundation (Fundação Cultural Palmares, or
FCP), the National Institute of Historic
and Artistic Heritage (Instituto do Patrimônio Histórico e Artístico Nacional
or IPHAN), and the Ministry of Health’s
Department of Surveillance in Health
(Secretaria de Vigilância em Saúde do
Ministério da Saúde, or SVS/MS), are
also consulted for their input. 23
Afterwards, the environmental studies
should be made public after the
submission of the EIA/Rima or RAS,
depending on the scale and potential
19 Considering what is defined in Resolution No. 237/1997 of National Environmental Council (CONAMA), the input from both the SPU and the Brazilian
Navy should not be considered binding to the environmental licensing process. However, due to the potential unavailability of maritime areas or project interferences with existing navigation routes, EPE has suggested that interested developers seek authorizations and approvals from the SPU and the Brazilian
Navy during the initial stages of the preliminary licensing phase for the offshore wind farm. This aims to minimize potential risks of changes to the originally
proposed project. See also: https://www.epe.gov.br/sites-pt/publicacoes-dados-abertos/publicacoes/PublicacoesArquivos/publicacao-456/Roadmap_Eolica_Offshore_EPE_versao_R2.pdf, page 99 (in Portuguese only).
20 As established on Resolution CONAMA No. 1/1986.
21 As established on Resolution CONAMA No. 279/2001.
22 The information provided by the businesses and the findings from the technical inspection are used by IBAMA to create the Terms of Reference (TR)
which sets out the scope and criteria for conducting each one of them (EIA, RIMA or RAS).
23 As established on the Interministerial Ordinance No. 60/2015.
