This February 15th 2024, the National Assembly of Nicaragua approved Law No. 1192, Law for the Certification of Environmental Permits and Authorizations.
Once the corresponding permits or authorizations have been obtained, the beneficiary, prior to the start of the project or works must obtain the environmental certification of the aforementioned permits or authorizations from the PGR, without which the work will not be able to begin.
The new law establishes that the Attorney General’s Office (PGR), under its responsibilities to ensure compliance with the laws of environmental protection, will be the authority that grants the environmental certificates as a final step for the permits and authorizations issued by the Ministry of the Environment and Natural Resources – known as MARENA.
The new legislation became law on Monday 19th of February 2024 upon publication in La Gaceta No. 31 of 2024.
Relevant Details
The PGR will be responsible for issuing the actual certification of the environmental permits and authorizations from Ministry of Environment and Natural Resources – MARENA.
Companies or people interested in a construction or investment project must manage their environmental certification submission within a period of 20 days (initial application to final submission).
This environmental certification will be mandatory prior to the beneficiaries starting their projects or works. Without the proper environmental certification from the PGR, “applicants will not be able to start the work under penalty of civil and criminal administrative responsibilities”.
The certification will be issued by the PGR within a period of 30 days.
That said, the PGR can extend this period once only for another 30 days.
The PGR will have the responsibility of verifying that environmental permits and authorizations comply with environmental regulations and those projects or works do not cause damage to the environment.
In order to grant the environmental certification, the PGR will require the cooperation of MARENA and other relevant public institutions in providing the information and collaboration it deems necessary. It will also carry out verifications or inspections and includes the authorities of the National Police if needed.
National Assembly
According to the National Assembly, the changes are needed in order to complete the various checks from a legal aspect and this required the participation of the PGR as the organization responsible for the commercial and public property registry. This level of checking will include the legal aspects of the property and will verify the suitability of investors, the companies that are going to invest or the people who are going to develop the property.
They explained that under the current procedure, applicants seeking permits go through the mayor’s offices and MARENA and are interested mainly in the characteristics of the property, construction details and the overall environmental aspects.
They added that a specialized agency will be created to comply with what has been established under the amendments
Registries
This latest increase in responsibility for the Attorney General’s Office follows changes at the end of last year regarding the country’s various registries.
Last October (2023), the National Assembly voted to reform several laws relating to the public registries of Property, Commercial, Persons, Moveable Guarantees (on secured loans) and Final Beneficiary of Commercial Companies and moved the responsibility of those registries from the Supreme Court of Justice – CSJ and placed them under the Attorney General’s Office – PGR.
(Registros Públicos de Propiedad, Mercantil, Personas, Garantías Mobiliarias, y de Beneficiario Final de Sociedades Mercantiles)
