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Peru : Indicators

2010 > Allocation of permits / user rights

Allocation of permits / user rights

Is the permit allocation process transparent? Allocation refers to all types of permit, including those for logging, conservation, ecotourism, conversion, environmental services, carbon, non-timber forest products, etc.

Yes, based on the information relating to the granting of forest rights in the period 2000-2005, these processes were conducted in accordance with the provisions of Article 10 of the Forest and Wildlife Law, approved by Law No. 27308, as well as Articles 55 to 106 of the Regulations.

In addition to logging permits, are there any permits for conservation activities, environmental services (e.g. water conservation, or carbon storage), or eco-tourism services provided by forests?  Read the report...

Do permits exist for all uses / services?

Yes, these rights are regulated in titles relating to land use planning, and management and utilization of forest resources of the Forest and Wildlife Law, as well as in its regulation. Among these are forestry concessions for timber production, and concessions for non-timber uses (concessions for other forest products and concessions for ecotourism, conservation and environmental services). Read more...
Is there a 'pool' of forest, owned by the state or others, for which permits or user-rights are potentially available?  Read the report...

Is information on any forest land unallocated or not under any type of concession published?

Yes, digital base map of forest land is available at the National Forest Authority, but this is not published on the website. It is accessible through a request pursuant to Resolution Jefatural N º 257-2004-INRENA.
Since 2005, there have not been processes for forestry concessions for timber, because the objective of the National Forest Authority was first to consolidate those concessions already granted and to improve the model. To date, neither of them has taken place. Read more...
The first step in the allocation of permits is to decide where: Are there clear, documented, and understood steps for deciding to allocate permits, for example when to allocate which parts of the state forest to logging, mining, carbon, ecotourism or other concessions?  Read the report...

Is it clear how the decision to start a round of permit allocation is made?

There are legal devices by means of which persons in charge are identified and the periods for the assignment of forest concessions in Permanent Production Forests are set. This is in accordance with Title V of the Regulation of Law 27308 - Forest and Wildlife Law. Read more...
At the time an area of forest is identified for allocation to any sort of concessionaire, are stakeholders (other than the forest owner) consulted, for example on any conditions to be attached to the permit?  Read the report...

Is there a stakeholder consultation process prior to permit allocation?

No, the establishment of Permanent Production Forests did not include a consultation process. Harvesting units were identified in those areas, which were offered through public tender process and subsequently granted through forest concessions Read more...
When an area of forest is identified for allocation to any sort of concessionaire, is this publicly advertised so that the opportunity for new permits / user rights is open to anyone?  Read the report...

Are the areas assigned for each round of permit allocation advertised?

In the case of forest concessions for wood, areas of forest to be assigned are published before each competition. In the case of other types of concessions and permits the areas are primarily determined at the applicant’s request. Read more...
Prior to the final allocation of any area of state forest to logging, mining, carbon, ecotourism or other concessions are there "due diligence" checks on the eligibility, suitability, or (technical and/or financial) capability of applicants, and is this analysis made public?  Read the report...

Is there transparent independent verification (due diligence) of the eligibility of any applicants for forest permits?

No. The role of the ad hoc committee of forest concessions was to allocate forest concessions under a transparent process, which was established through an INRENA Resolution. However, the committee eventually failed to conduct the verification of the proposals to access forest concessions in a transparent and independent manner. Read more...
Is the final decision to allocate any permit made in way which allows citizens to assure themselves that the correct process has been followed? – is the process documented and published?  Read the report...

Is the final permit allocation decision-making process transparent?

In the case of forest concessions for wood, areas of forest to be assigned are published before each competition. In the case of other types of concessions and permits the areas are primarily determined at the applicant’s request. Read more...
Have there been recent attempts to make improvements to the permit allocation system? Have there been recent changes to the system to accommodate ‘newer’ forms of permits such as conservation, carbon storage, or ecotourism? If so please give details. Were these successful?  Read the report...

Has the permit allocation system improved?

Through the Legislative Decree No. 1090, it was attempted to introduce a new procedure for the granting of forest concessions, but it was repealed. A new forest law and wildlife law is currently being evaluated in the Congress, which seeks to improve the system of licensing. Read more...
Are all contracts / concession agreements / permits in the public domain? If so, which law or regulation specifies that they should be? Are they entirely in the public domain or are certain ‘commercially confidential’ clauses hidden?  Read the report...

Are the final permit / contract documents made public?

No, only the contract template approved by Resolution No. 131-2003-INRENA is available. Contracts and permits signed with rights holders are not in the public domain. Read more...
Some types of permit, for example small-scale or Community Forest logging activities might be exempted from submitting an EIA.  Read the report...

Are all forest operations required to carry out an EIA?

The legislation does not stipulate the presentation of an Environmental Impact Assessment for forest rights; however, this criterion is included within the General Forest Management Plan, which is a requirement for any form of use of forest resources. Read more...
Where an EIA or similar is a requirement for any concession, is it published? Is there any public consultation during the EIA, or any public presentation of the conclusions and recommendations?  Read the report...

Are any environmental / social impact assessments for forest operations available to the public?

The law does not require the presentation of an Environmental Impact Assessment for forest concessions; however, this criterion is included within the General Forest Management Plan (GFMP). Public consultation is not carried out for the approval of the GFMP. Read more...
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