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Peru: National System of Evaluation and Control of the Environment

(May 4, 2009) On March 4, 2009, President Alan Garcia Perez of Peru signed the Law on the National System of Evaluation and Control of the Environment, to be led by the Organismo de Evaluacion y Fiscalizacion Ambiental (Agency of Environmental Evaluation and Control) [OEFA]. The purposes of the National System are to ensure compliance with environmental legislation by individuals and corporations and to supervise and guarantee that the functions of evaluation, supervision, control, and sanction by government authority in environmental matters by the different entities of the state are performed in an independent, impartial, expedient, and effective manner. The government agencies are to follow the pertinent laws, policies, plans, strategies, programs, and actions aimed to promote healthy ecosystems, develop productive activities, and ensure the sustainable utilization of natural resources, contributing to effective management and protection of the environment.

The authorities in charge of the National System are the Ministry of the Environment, the OEFA (as the lead agency), and national, regional, and local environmental control agencies. The OEFA will have a Tribunal of Environmental Control that will operate as the administrative court of last instance, and compliance with its decisions will be mandatory.

OEFA classifies violations of compliance with environmental laws as minot, serious, and very serious and adopts the following administrative norms: precautionary measures; corrective measures; and measures of restoration, rehabilitation, reparation, compensation, and recovery of the natural heritage of the nation. (Law No. 29325, EL PERUANO [the official gazette], Mar. 5, 2009, available at: http://www.congreso.gob.pe/ntley/Imagenes/Leyes/29325.pdf.)