Decree No. 8,437, Of 22 April 2015

Original Language Title: Decreto nº 8.437, de 22 de abril de 2015

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Decree No. 8,437, of 22 APRIL 2015 Regulates the provisions of art. 7, caput, XIV) (item "h", and sole paragraph, of complementary law No. 140 of 8 December 2011, to establish the types of projects and activities whose environmental licensing will be the competence of the Union.
The President of the REPUBLIC, in the use of the role that gives the art. 84, caput, IV, of the Constitution, and in view of the provisions of art. 7, caput, XIV) (item "h" and sole paragraph, of complementary law No. 140 of 8 December 2011, DECREES: chapter I PRELIMINARY PROVISIONS Art. 1 this Decree establishes, in accordance with the provisions of art. 7, caput, section XIV, "h", and sole paragraph, of complementary law No. 140 of 8 December 2011, the typology of enterprises and activities whose environmental licensing will be the competence of the Union.
Art. 2 for the purposes of this Decree, adopted the following definitions: I-Highway-highway construction in accordance with the norms of geometric designs, with road or unpaved, observed the class set by the National Department of transport infrastructure-DNIT;
II-Highway-paving works for the application of top coat of Highway asphalt pavement with concrete, cement or masonry poliédrica;
III-expansion of Highway capacity-set of operations that result in increased traffic flow capacity of existing paved and in increasing the traffic safety of vehicles and pedestrians, including full or partial duplication road, the construction of multifaixas and implantation or replacement of special works of art for duplication;
IV-road access-road segment of input and output to the urban area, port, terminal or facility on the edge of the highway;
V-urban-crossing via or succession of streets which provides the preferred passage of vehicles within the urban perimeter;
I saw road wrap-stretch of highway for the movement of vehicles on the outskirts of urban areas, so as to avoid or minimize the traffic in your interior, without surround thoroughly the locale;
VII-maintenance of paved highways-systematic and continuous process of correction, due to chronological constraints or supervening event, which must be submitted the paved highways, to offer permanently, to the user, economical, comfortable and safe traffic, through the actions of conservation, recovery and restoration carried out within the limits of its domain ranges;
VIII-maintenance of paved highways-set of routine, periodic operations and emergency, with the goal of preserving the technical and operational characteristics of the road system and its physical facilities, to provide comfort and safety to users;
IX-restoration of paved-set of operations applied to the highway with frayed or damaged, in order to restore their original technical characteristics or to adapt it to the current traffic conditions and prolong your life, through strengthening interventions, recycling, reconstruction of pavement, recovery, supplementation or replacement of components of the highway;
X-paved Highway upgrade-set of operations that modify the existing technical features or add new features to the already paved Highway, within the limits of your domain, range to suit your ability to present operational demands, in order to ensure higher level of traffic safety by means of intervention in your geometry, signaling and security system and fitness or incorporation of elements in the other components of the highway;
XI-environmental regularization-set of procedures to obtain the environmental licensing of railroads and federal highways paved, by obtaining the operating license;
XII-railroad-set of actions required to construct a railroad in the range of land where there is no railway previously deployed;
XIII-expansion of capacity of railway lines-works or interventions that aim to improve safety and the level of the railway service, such as, your doubling and the implementation and expansion of rail yard;
XIV-yard rail-rail segments that have the goals of allowing the crossing, the parking and the formation of trains and making loading and unloading; XV-contour-rail stretch of railway that aims to eliminate partially or wholly railway operations within urban area;
XVI-rail extension-secondary railway line that derives from a railroad, in order to meet the point of loading or to connect with other railroads;
XVII-railway enhancements: a) works related to reform of the railway line and the structures that compose it; and b) transposition of railway works in places where there is a cross between railway and public roads, such as rail or road viaducts, footbridges, water pipes, sewer or drainage;
XVIII-establishment and expansion of rail support structure and extension of workshops and maintenance or supply stations, traffic control stations, electrical substations and communication, freight and passenger terminals;
XIX-organized port-public good built and equipped to meet the needs of navigation, for moving passengers or freight movement and storage and whose traffic and port operations are under the jurisdiction of the port authority;
XX-port facility-facility located within or outside the area of the organized port and used in passenger handling or moving or storage of merchandises destined or proceeding from, water transport;
XXI-the area of the organized port-area enclosed by Act of the Executive comprising the port facilities and the infrastructure of protection and access to the organized port;
XXII-private terminal-port facility operated by authorisation and located outside the area of the organized port;
XXIII-hidroviárias interventions as well understood: the) deployment of waterways-works and engineering services for the implementation of navigation channel in rivers with water potential with the purpose of intermodal integration; and b) enlarging transport capacity-set of actions aimed at raising the standard of navigable waterway, with the expansion of your navigation feedback through the improvement of operating conditions, security and availability, such as navigation, dredging of deepening and broadening the channel, overthrow, enlargement and will bridge protection, rectification of meanders and transposition level devices;
XXIV-dredging-work or engineering service which consists of cleaning, clearing, removal, overthrow or excavation of material from the bottom of rivers, lakes, seas, bays and channels;
XXV-YOUR-Twenty-foot Equivalent Units (twenty-foot equivalent Units)-unit used for conversion of capacity of containers of several sizes to standard International Organization for Standardization-ISO 20 feet;
XXVI-offshore-marine and land-sea transition zone or area located at sea;
XXVII-onshore-terrestrial environment or area located on land;
XXVIII-conventional deposits of oil and natural-gas reservoir or tank of oil or natural gas can be put into production without the use of special technologies and processes of recovery;
XXIX-non-conventional resource of oil and natural gas resource whose production does not reach viable economic flow rates or that do not produce economic oil and gas volumes without the help of massive stimulation treatments or special recovery technologies and processes, such as the tar sands-oilsands, gas and shale oil-shale-gas and shale-oil, methane in coal layers-coalbed methane , methane hydrates and the sandstones of low permeability-tightsandstones;
XXX-electric power generation system-processing system into electrical energy from any other form of energy, whatever your origin, and its exclusive use until the transmission substation and distribution of electricity, including: a) hydroelectric power-plant and equipment for processing of the hydraulic potential into electrical energy;
b) small hydroelectric plant-hydroelectric power station with an installed capacity of small businesses, for the transformation of the hydraulic potential into electrical energy;
c) thermal power-plant and equipment for processing of heat energy of fuels into electrical energy; and (d))-wind power plant and equipment for processing of the kinetic potential of wind into electrical energy;

XXXI-electric power transmission system-transport system of electricity through transmission lines, substations and equipment associated with the goal of integrating electrically:) electric power generation system to another transmission system to the distribution substations;
b) two or more transmission or distribution systems;
c) connection for free consumers or self-producers;
d) international interconnections; and e) transmission or distribution facilities for temporary supply; and XXXII-system of electric power distribution-system responsible for the supply of electricity to consumers.
CHAPTER II of the Art TYPOLOGIES. 3 Without prejudice to the provisions contained in art. 7, caput, item XIV) ("a" through "g" of complementary law No. 140, in 2011, will be licensed by the competent federal environmental agency the following enterprises or activities: (I)-Federal Highways: the) deployment;
b) paving and extension of extension capacity equal to or greater than 200 km;
c) environmental regularization of paved highways and can be included the authorization for maintenance activities, maintenance, restoration, restoration, expansion of capacity and improvement; and (d)) maintenance activities, maintenance, restoration, restoration and improvement in federal highways regularized;
II-federal railways: the) deployment;
b) capacity expansion; and c) environmental regularization of federal railways;
III-federal waterways: the) deployment; and b) expansion of capacity whose sum of excerpts of speeches is equal to or greater than 200 kilometers long;
IV-organized ports except the port facilities to move cargo by volume of less than 450,000 YOUR/year or 15 million ton/year; V-private use terminals and port facilities to move cargo in volume more than 450,000 YOUR/year or 15 million ton/year; VI-exploration and production of oil, natural gas and other hydrocarbon fluids in the following cases: a) exploration and evaluation of deposits, including seismic acquisition activities, data collection (piston core), drilling and long-term test when performed on the marine environment and land-sea transition zone (offshore);
b) production, comprising the activities of drilling, production systems and, when held in the marine environment and land-sea transition zone (offshore); and (c)), when performed production from unconventional resource of oil and natural gas in marine environment and land-sea transition zone (offshore) or land (onshore), comprising the activities of drilling, hydraulic fracturing and production systems and outlets; and VII-systems generation and transmission of electricity, which are: a) hydroelectric power plants with an installed capacity of 300 megawatts or more;
b) thermoelectric plants with an installed capacity of 300 megawatts or more; and c) wind power plants, in the case of projects and activities offshore and land-sea transition zone.
(1) subparagraphs (a) "a" and "b" of sub-item I of caput, any extension, does not apply in the case of contours and road access, road and urban crossings rings.
(2) the provisions of item II of the caput shall not apply in cases of deployment and expansion of the depot, rail upgrades, implementation and expansion of supporting structures of railroads, and rail outlines extensions.
§ 3 the competence for licensing will be when Union characterized situations that compromise the continuity and security of energy supply, recognized by the Monitoring Committee of the Electric Sector-CMSE or the need for electric power transmission systems associated with strategic ventures, indicated by the national energy policy Council-CNPE.
CHAPTER III transitional and final provisions Art. 4 licensing and authorization processes of environmental activities and projects contemplated in art. 3rd started before the publication of this Decree will have your course maintained to the originating bodies until the end of the term of the operation license, whose renewal the competent federative entity under this Decree.
Art. 5 the process of environmental licensing of snippets of highways and railways that start in State or municipal environmental agency in accordance with the provisions of this Decree will be assumed by the federal environmental agency in the relevant operation permit, upon proof of meeting the conditions of the environmental permit granted by the federal entity.
Sole paragraph. Proof of meeting the conditions will occur by means of document issued by the licensing State or municipal body.
Art. 6. This Decree shall enter into force on your date of publication.
Brasilia, 22 April 2015; 194 of independence and 127 of the Republic.
ROUSSEFF Izabella Monica Vasquez

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