March/2018 ENVIRONMENT   Welcome to the Environment Newsletter, a publication prepared by our Environmental Law team. In this edition: Brazilian Forest Code is majority constitutional, says Supreme Court IBAMA establishes new deadline for the environmental regularization of radioactive installations Federal Biodiversity Agency introduces new procedures for Environmental Compensations Agreements SEMAS/PARÁ establishes procedures for the elaboration of Dam’s Safety Plans Read our Client Alerts on other matters published on February, 2018     Brazilian Forest Code is majority constitutional, says Supreme Court Ana Luci Grizzi & Leonardo Freire   The Brazilian Supreme Court (STF) has partially accept the Direct Unconstitutional Action #4901, #4902, #4903 and #4937, as well the Direct Constitutional Action #42 to confirm as constitutional 49 of 58 provisions set forth in the Brazilian Forest Code (Federal Law No 12,651/2012) argued as invalid by the General Prosecutor’s Office and a political party. The decision brings legal certainty for several economy segments by ruling several issue as (i) Permanent Preservation Areas (APPs): hypotheses of intervention and new standards for its acknowledgement along riparian vegetation, around waters reservoirs and water springs; (ii) Legal Forest Reserve: criteria to restore, offsetting requirements, unenforceable situations and merger with APPs; (iii) conditions and effects to amnesty environmental penalties and crimes executed previous to July 22, 2008. Read our Client Alert on this matter.     IBAMA establishes new deadline for environmental regularization of radioactive installations Lucas Boechat   On the 16th of February 2018, the Brazilian Institute for the Environment and Natural Resources (“IBAMA”), published Normative Instruction IBAMA/MMA No 7 of February 14. 2018, aiming to alter article 18 from Normative Instruction No 1, of January 23, 2016, which established the procedures for the federal environmental licensing of radioactive installations. According to the new writing, entrepreneurs have a deadline of 910 days, from the publishing of the normative instruction, to request the environmental regularization of their activities.     Federal Biodiversity Agency introduces new procedures for Environmental Compensations Agreements Leonardo Freire & Lucas Boechat   On February 7, 2018, the Chico Mendes Institute for the Conservation of Biodiversity (“ICMBIO”) the federal agency empowered to manage Preservation Units in Brazil published Ruling Ordinance No 3, of February 2, 2018, regulating the procedures necessary to execute Environmental Compensation Agreements to be settled with entrepreneurs who develop economic activities with significant environmental impacts. By supplementing the provisions set forth by Provisional Measure No 809, of December 1st, 2017, the new Ruling Ordinance clarifies that entrepreneur may choose between the following procedures to execute its legal obligation of environmental compensation: • Directly, whereby the entrepreneur directly executes by himself    the environmental compensation measures set forth in the    Environmental Compensation Plan proposed by the environmental    agency; or • Indirectly, whereby the entrepreneur pays the environmental    compensation fee to a private fund designated by the    environmental agency and responsible to manage and distribute    such resources to Federal Preservation Units, with attention to    the minimum amounts to be deposited in the first installment    year, or integrally.     SEMAS/PARÁ establishes procedures for the elaboration of Dam’s Safety Plans Leonardo Freire & Lucas Boechat   The Department of the Environment and Sustainability of the State of Pará (“SEMAS”) published on February 07, 2018, its Normative Instruction No 02, of February 06, 2018, hoping to establish the procedures and criteria to the elaboration and subsequent presentation of the Dam’s Safety Plan and Management of Industrial Residue. According to the new Instruction, the Dams of the State of Pará will be classified according their risk level and associated danger, which will in turn, indicate the periodicity of safety inspections.     Read our Client Alerts on other matters published on January, 2018   Federal Agency regulates the conversion of Environmental Fines into Green Investments IBAMA and the Montreal Protocol: new rules to substances that deplete the ozone layer Environmental Regularization Program for rural properties gets regulated in the State of Rio de Janeiro Rio Grande do Sul: Mandatory Online Permit to transport waste     The materials provided herein are for general communication and information purposes only. Our environmental team is available to provide further clarifications and legal advices on such matters.     COORDINATORS Ana Luci Grizzi  Bibiana Silva Leonardo Freire COLABORATORS FOR THIS EDITION Lucas Boechat Environment Follow us for updates: