The Brazilian Environmental Agency (IBAMA) issued Ordinance No. 08/2019 ("Ordinance"), on February 28, 2019, foreseeing the administrative proceedings to guide the delegation of the federal environmental-licensing powers to States and municipalities ("assigned agencies").
According to IBAMA's convenience and upon legal and technical assessment on the feasibility of the delegation, the assigned agency and IBAMA shall enter into a Technical Cooperation Agreement to regulate the delegation of powers. Besides IBAMA and the assigned agencies, the entrepreneur may also request IBAMA's analysis on the convenience to delegate the federal environmental licensing process to the State or the municipality.
The delegation of powers to conduct the environmental licensing to the assigned agencies can take place even if the powers to license are under administrative or judicial dispute. Such provision ensures legal certainty to entrepreneurs, representing a great decision from IBAMA.
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