Did you know that your environmental impact statement expires?

Did you know that your environmental impact statement is due to expire? Well, indeed, the environmental impact statement, the environmental impact report, the strategic environmental statement or the environmental impact report; that is, any resolution of the procedure of environmental assessment of projects, plans or programs have an expiration date.

The validity of each resolution is specified therein. This is regulated by regulations in the area, which, at the state level, is fundamentally about Law 21/2013 of December 9 on environmental assessment. In addition to that of each Autonomous Community.

To find out the expiry date of your Environmental Impact Resolution, we recommend that you read it carefully and detect the condition where there is talk of its expiry or validity.

The publication of the environmental impact statement is considered relevant dates to begin the calculation of the term of validity and the date of execution of the project.

To summarize, according to the Law 21/2013, the validity of the different resolutions is established at:

ENVIRONMENTAL IMPACT ASSESSMENT OF PLANS AND PROGRAMS

• Strategic Environmental Statement (Article 27). Expires within a maximum period of Two years since its publication in the corresponding official journal, if the plan or program had not been adopted or approved.
• Strategic Environmental Report (Article 31). Expires within a maximum period of Four years since its publication in the corresponding official gazette, if the plan or program had not been approved.

ENVIRONMENTAL IMPACT ASSESSMENT OF PROJECTS

• Environmental Impact Statement (Article 43). It expires in a period of Four years since its publication in the corresponding official gazette, if the execution of the project or activity had not started (material start of the works or the installation of installations).
• Environmental Impact Report (Article 47). Expires within a maximum period of Four years since its publication in the corresponding official gazette, if the project had not been authorized.

If the terms of validity are exceeded, then, there will be no other possibility but to start the process again environmental impact assessment.

However, before exceeding these deadlines, there is the possibility of requesting the extension of the term of the resolution for an additional period.

To summarize, according to the Law 21/2013, the additional extension periods that can be formulated are set out in:

ENVIRONMENTAL IMPACT ASSESSMENT OF PLANS AND PROGRAMS

• Strategic Environmental Statement (Article 27). Within six months, the validity may be resolved by Two years additional, if it is determined that there have been no substantial changes in the essential elements that served as the basis for carrying out the strategic environmental assessment. This deadline will no longer be extendable.
• Strategic Environmental Report (Article 31). It does not contemplate the possibility of requesting an extension of the validity period.

ENVIRONMENTAL IMPACT ASSESSMENT OF PROJECTS

• Environmental Impact Statement (Article 43). Within six months from the submission of the application, the validity may be resolved by Two years additional, if it is determined that there have been no substantial changes in the essential elements that served as the basis for carrying out the environmental impact assessment. This deadline will no longer be extendable.
• Environmental Impact Report (Article 47). It does not contemplate the possibility of requesting an extension of the validity period.

However, these deadlines may vary depending on the environmental assessment regulations of each Autonomous Community, so we insist: it's very important that you review your resolution well!

If you have questions or need to prepare a request to extend the validity of your resolution, Ideas MedioAmbiental can help you.