The Law outlines the principles for environmental protection and governance in the jurisdiction, by including and promoting environmental and social considerations in decision making and creating a mechanism for environmental assessment, environmental impact assessment, public consultation and environmental auditing.
Industrial facilities presenting potential environmental, safety or health hazards must be categorised according to the severity of the associated risks.
The operators of classified installations are required to obtain the required licence or authorisation to be able to carry out their activities.
Classified installations are any industrial, commercial or agricultural installation whose operation presents either dangers for health, safety, public health, the environment or the conservation of sites and monuments, or inconveniences for the convenience of the neighbourhood. They are classified according to the seriousness of the danger, inconvenience or nuisance that its existence or operation may present.
Classified installations are subject to prior declaration or authorisation duly recorded by a national or provincial operating permit, as the case may be.
The Decree 13/015 of 29 May 2013 on the regulation of classified installations sets the nomenclature, the categorisation (according to severity of associated risks), the modalities of declaration or of obtaining the permit as well as the conditions of exploitation.
Classified installations are also subject to a pollution tax and a deposit (which is returned at the cessation of the classified activities).
The production, import and/or use of substances, chemicals, dangerous pesticides and persistent organic pollutants are prohibited or require prior authorisation.
Under this Law, any waste deriving from abroad is presumed to be hazardous, and accordingly their import, transit, traffic, storage and treatment by any process whatsoever of said waste.
The disposal of waste or any substance likely to pollute the marine environment is also prohibited, alongside any use of the soil which does not improve its conservation.
The Law also prohibits the possession, deposit or abandonment in inappropriate places of waste of any kind which could cause unpleasant odours, nuisance and damage to the environment, health and public safety.
Any immersion, incineration or elimination of hazardous or radioactive waste in continental and/or maritime waters as well as their burial in the ground or subsoil is also strictly prohibited.
Public or private natural or legal entities who produce or hold domestic, industrial, artisanal, medical, biomedical or pharmaceutical waste are obliged to manage it in accordance with this Law and its implementing measures.
Furthermore, this law gives power to the different levels of government to take the necessary measures for the reduction of greenhouse gas emissions.
It also sets out penalties and sanctions for non-compliance.