The Attorney General of the Union, Jorge Messias, approved a new legal opinion on oil exploration in the Equatorial Margin region, in the north of the country. The conclusion of the AGU (Attorney General’s Office), reported in a note, is that Ibama (Brazilian Institute of the Environment and Renewable Natural Resources) does not have the legal authority to reassess the environmental licensing of the Oiapoque Municipal Airport (AP).
Petrobras had its drilling license for the FZA-M-59 block, 175 kilometers from the mouth of the Amazon River, rejected by Ibama. The environmental agency expressed concerns about the impact of air traffic between the airport and the exploration area, especially on local indigenous communities.
However, the AGU argues that the analysis of the impact of air traffic on indigenous communities is not adequate to reconsider the licensing of block FZA-M-59. Brazilian legislation, according to the AGU note, provides for the single nature of environmental licensing, indicating that the licensing authority must lie with a single federated entity.
The AGU clarified that the airport already has a license from the state environmental agency. Any reassessment of the impact of its operation on indigenous communities is the responsibility of the state environmental agency and Decea (Department of Airspace Control), linked to the FAB (Brazilian Air Force).
The AGU also criticized Ibama’s actions in requesting a statement from Funai (National Foundation for Indigenous Peoples) on the impact of aircraft overflights, a step not provided for in applicable environmental legislation.
Wildlife care
According to the AGU, another point that was under analysis was the response time and care for wildlife affected by oil, in the event of a spill, also indicated by Ibama as one of the reasons for denying the licensing. The department understood that the resolution of this point would not depend on legal analysis, “but of measures necessary to meet the requirement that are currently being discussed between the environmental agency and Petrobras”.
With information from Brazil Agency.
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