Differentiation of environmental measures through temporary location with respect to environmental impact

Abstract

The environment is going through global problems, which is why governments implement a legal framework that forces companies to implement environmental measures. The environmental regulations of different countries name these environmental measures with various names, normally classifying them as; prevention, control, mitigation, minimization, rehabilitation measures, among others. However, the majority of these regulations do not specify when each of these classifications of environmental measures are implemented, nor how they differ between them, leaving the choice of classification at the discretion of the company, causing consequences during the environmental control by using a different criterion, which entails administrative sanctions for companies for poor implementation of environmental measures. The objective of this work is to provide a temporal differentiation of the classifications of environmental measures using the occurrence of environmental impact. In the methodology, the hermeneutic paradigm was applied, based on the problems raised in the regulations of the Peruvian mining sector and the analysis of the regulations related to this productive sector as a response. It is concluded that in the Peruvian mining sector there are different environmental measures applied prior to the environmental impact such as prevention measures, on the other hand, there are measures applied subsequently such as mitigation, minimization, recovery, rehabilitation or compensation. On the other hand, it is recommended to consider that environmental controls are transversal, that is, they are applied at any time in relation to environmental impact.