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Environment
  • Practice
  • Experience

We offer specialized advice on the required legal standards for compliance in each of Peru’s regulated sectors.  Our most frequent services include the identification of applicable environmental requirements, strategies for compliance, environmental due diligence and audits, implementation of integrated management systems, and legal strategies for securing permits, authorizations and licenses.

Our law firm has wide experience in the principal regulated environmental matters and also offers legal counseling on forestry, carbon markets and conservation of the biological diversity.

Environmental Management

Due to the proliferation of environmental legislation, institutions and oversight, it has become necessary to have increasingly integrated environmental management systems in place.  We in the Santivañez law firm have identified the growing need for companies to obtain legal advice on the new standards for compliance demanded by current legislation.  We offer specialized advice for the identification and fulfillment of the environmental obligations applicable to each sector, as required by national law and international standards.

Audits

We determine the environmental risks and responsibilities of operations that are underway, as an essential requirement for a variety of transactions, such as financing operations, mergers and acquisitions or asset transfers.  We also make audits and offer specialized counseling in order to ensure that our clients’ projects comply fully with the commitments assumed.

Strategy Design

We offer our clients, during the planning stage of new projects, the design of legal strategies for obtaining permits, determining the competence of administrative authorities and securing approval of environmental management instruments, through products like permit roadmaps, environmental regulation handbooks by sector and activity, legal opinions and administrative procedures.

Integrated Management Systems

We help our clients identify the environmental- and health and safety-related legal obligations applicable to their activities, so that they can reinforce their management systems.  This will enable them to meet the standards of performance necessary to obtain international certification like ISO 14001 and OHSAS 18001.

Environmentally-related legal regimes of the principal production sectors

 

Mining

We offer specialized environmentally-related legal advice for the mining sector that covers all stages of the mining cycle and all of the activities carried out during both mining exploration and mine working, including construction, closing and post-closing.  We have wide experience in the principal legal aspects associated with mining-related environmental liabilities, including the evaluation of responsibilities, identification and systematic organization of obligations stemming from the applicable legal regime, the closure of mining-related environmental liabilities, and strategies for the transfer of concessions with mining-related environmental liabilities.  We further provide specialized counseling on mine closures, the approval of environmental impact studies, compliance with the maximum permissible limits and other environmental management instruments for the mining sector, environmental permits and water use rights, among other matters.

Hydrocarbons

We offer legal advice on the environmental and operational aspects of oil and gas activities, with special emphasis on the obligations and required permits for performing the different activities and on the legal elements of the environmental management instruments, such as Contingency Plans, Environmental Impact Studies (EIS), Environmental Adjustment and Management Programs (EAMP), Special Environmental Management Programs (SEMP) and Complementary Environmental Plans (CEP).

Industry

We are familiar with the environmental regulations applicable to the manufacturing industry and advise our clients on the legal requirements for starting operations, as specified in applicable legislation and environmental management instruments.

Forestry

We give legal advice on how to comply with the pertinent environmental management plans and impact studies, in order to reach sustainable forestry production.  We offer assistance in determining the requirement for permits, licenses and other management instruments, including authorization to clear forests when required for production purposes.

Fishing

Our services include legal counseling on matters regarding access to the resource, such as the environmental requirements for processing hydrobiological resources.  We offer sector companies guidance on issues like determining individual quotas, Maximum Permissible Limits, Environmental Impact Studies, effluents and water quality and other environmental aspects of fishing activities.

Transportation and Infrastructure

We orient our clients regarding the legislation that regulates the environmental rights and obligations of holders of infrastructure concessions and the administrative procedures for obtaining the required certifications and permits.  We offer advice to sector operators in determining their required environmental management instruments.  Our services cover mainly ports, airports, roads and highways.

Health and Safety

We have experience with and knowledge of the legislation and principal legal tools needed to comply with the health and safety obligations applicable to our clients’ operations.

Occupational Health

We give counseling for appropriate compliance with legal requirements applicable to the health of all workers.  Our legal services include preparing, implementing and maintaining all records demanded by effective sector and trans-sector legislation on occupational health, according to the risks of each activity.  We likewise advise our clients on the preparation and handling of management instruments, such as annual occupational safety and health plans and programs and the establishment of committees on occupational health and safety.

Industrial Security

We have wide experience in complying with industrial security-oriented legal requirements.  We counsel our clients during the performance of their activities, in order to ensure that they maintain the standards demanded in national and international legislation.  These make it possible to reduce the likelihood of personal injury, environmental damage or losses in company processes and equipment.

Community Relations

Considering that the success of extractive industries depends upon having good relations with local communities, we advise our clients on the design of programs to build sound relations with those communities, corporate social responsibility initiatives and the negotiation and signing of agreements with the farming communities to obtain access to surface lands and to carry out extractive activities.

Land Acquisition

In the case of land acquisition for mining or oil or gas production purposes, we have a team that specializes in the specific applicable property regulations. We make land title studies and warn our clients of possible legal contingencies stemming from rural property titles or the organizational structure of the native and farming communities that hold those titles.

Community relations strategies

We assist our clients with the legal components of their community relations strategies and corporate social responsibility initiatives.  We also identify their legal obligations in those areas and provide legal counseling services for their fulfillment.

Carbon Market

Our team is fully trained to evaluate projects with a potential for reducing carbon emissions, in order to be able to accede to the Kyoto Protocol Clean Development Mechanisms.  We offer advice on the origination and structuring of certified emission reductions  (CERs) and on the preparation and negotiation of emission reduction purchase agreements (ERPAs).

Conservation

We become closely involved in our clients’ conservation projects.  We offer advice on strategy design and the use of legal tools for conservation purposes. Our law firm promotes conservation activities in extractive industries.  Our services cover legal counseling in preparing management plans, applying for ecotourism concessions and drawing up applications for and securing the required authorizations and permits.

  • Legal counseling of an Australian petrochemical producer in order to determine the competent authority for approving the EIS of a petrochemical project and to identify the applicable permits for the project’s implementation;
  • Regulatory revision of all of the pertinent environmental aspects of the country’s largest gas project (gas field, gas pipeline and liquefaction plant), including all of the environmental rules and regulations applicable to the project activities;
  • Legal counseling of an Australian producer of chemical substances throughout the full operation of his sodium cyanide transfer facility, the first of its kind in Latin America, certified as complying with the “International Cyanide Management Code for the Manufacture, Transport and Use of Cyanide in the Production of Gold,” an initiative for the correct socio-environmental management, transport and delivery of cyanide;
  • Representation of a local chemical company, operator of the sodium cyanide transfer facility, in the negotiation of various service agreements with different suppliers, including the services of a transporter of toxic waste for the loading, handling, transport and final disposal of the toxic waste produced by the facility;
  • Counseling of one of the largest environmental consultation companies on the juridical and regulatory aspects of several of its clients, among them: i) the environmental audit of a cable manufacturer; ii) the regulatory legal framework for an EIS for oil and gas operations; iii) the regulatory legal framework for the EIS for mining exploration activities; iv) the implementation of the EIS and assessment of the legal implications of an amendment of an EIS by a gas project; and v) the company’s registration with the Ministry of Energy and Mines of Peru as a consulting firm authorized to draft EISs and other environmental management instruments.
  • Design and implementation of a strategy to deal with mining-related environmental liabilities and for the transfer of the mining concessions belonging to a local metal producer;
  • Identification and systematic organization of the legal environmental requirements for implementation and ISO 14001 certification for one of the country’s largest construction companies;
  • Implementation of a system of environmental and occupational health and safety obligations, including the design of a software program for identifying and classifying obligations imposed by different sources, for a Canadian oil company that is conducting exploration activities in the Amazon jungle;
  • Representation of an environmental consultation firm in negotiating a consulting services agreement with a gas transporter for a biodiversity monitoring project in relation to a project on byproducts of Amazon jungle gas;
  • Design of a strategy to handle mining-related environmental liabilities and illegal mining activities for a medium-sized gold company;
  • Identification and systematic organization of legal requirements in terms of the environment and occupational health and safety for the exploration activities of a metal producer and refiner;
  • Training workshop on environmental and occupational health and safety requirements for the Supervisory Board for Investment in Energy and Mining (OSINERGMIN), with regard to the juridical and jurisdictional aspects of the various agencies deriving from the regulations on hazardous materials and waste.

Carbon Market

  • Reporte sobre la propiedad legal de Certificados de Reducción de Emisiones (CERs) generados por una planta hidroeléctrica de 130 MW.
  • Elaboración de los términos de subasta y modelo de contratos de compraventa de reducción de emisiones (ERPA) para un programa de actividades de Mecanismos de Desarrollo Limpio (MDL).
  • Negociación de un contrato de compraventa de reducción de emisiones (ERPA) para la venta de Certificados de Reducción de Emisiones (CERs) de una planta hidroeléctrica de 220 MW.
  • Elaboración de documentos orientativos para negociadores Latinoamericanos en las reuniones de negociación sobre cambio climático del segundo semestre de 2009, incluyendo Copenhague (COP 15).
  • Negociación de un contrato de compraventa de reducción de emisiones (ERPA) para la venta de Certificados de Reducción de Emisiones (CERs) de un proyecto de planta hidroeléctrica de 36 MW.
  • Reporte sobre los aspectos legales que influyen en el régimen actual e histórico de emisiones (1990-2008) para la Segunda Comunicación Nacional del Perú a las Naciones Unidas dentro del Convenio Marco sobre Cambio Climática.
  • Report on the legal ownership of the Emission Reduction Certificates (ERCs) generated by a 130 MW hydroelectric power plant;
  • Drafting of the terms of reference for auctioning and model emission reduction purchase agreements (ERPA) for a Clean Development Mechanism (CDM) program of activities;
  • Negotiation of an emission reduction purchase agreement (ERPA) for the sale of the Emission Reduction Certificates (ERCs) for a 220 MW hydroelectric power plant;
  • Drafting of guidance documents for Latin American negotiators at the negotiation meetings on climate change in the second half of 2009, including the Copenhagen meeting (COP 15);
  • Negotiation of an emission reduction purchase agreement (ERPA) for the sale of the Emission Reduction Certificates (ERCs) of a 36 MW hydroelectric power plant;
  • Report on the legal aspects that have influenced and that continue to influence the current and historical emission regime (1990-2008) for Peru’s Second National Communication to the United Nations in the context of the Framework Agreement on Climate Change.
© Santivañez Abogados
Lima
República de Colombia 791 Ofc. 602
San isidro Lima 27 Perú
t. +51 (1) 202 8000
f. +51 (1) 202 8017
Piura
Los Tamarindos 274 Urb. 4 de Enero
Piura - Piura
t. +51 (73) 32 6994
f. +51 (73) 31 3192
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