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Environmental Law 

Environmental law in Panama is governed by Law 41 (July 1, 1998) which creates the National Environmental Authority of Panama (known here as ANAM).  The main objective of this enactment was to assure that the environment be protected against both public and private actions that failed to take account of costs or harms inflicted on the eco-system.  Panama has historically been rife with such oversight. 

The role of ANAM, according to Law 41, is to formulate the national environmental policy and the use of natural resources, as well as to direct, supervise and implement the execution of the environmental policies, strategies and programs of the government.  In doing so it must work closely with investors, promoters and local governments to devise pollution control strategies. The basic purpose of the legislation is to force project promoters and governmental agencies to consider the effects on the environment of their decisions.

ANAM has also been charged with enforcing Law 41, including its regulations, the environmental quality rules and the technical and administrative provisions which the law has assigned to it.  In so doing, it dictates the reach and reference terms of the preparation and presentation of the environmental impact studies and corresponding declarations and evaluations.  ANAM reviews the environmental impact studies which have been presented and then issues the respective resolution approving or denying the study as presented. 

In order to begin a project in Panama - for example the construction of a hotel - it is necessary to have an Environmental Impact Study prepared and submitted to the ANAM for their approval before any construction begins.  This means that promoters should undertake careful project planning to ensure full compliance with the environmental legislation in Panama, to ensure that all necessary measures are adopted to protect the environment. 

ANAM also has authority over matters such as flora & fauna, protection of wildlife species, forestry and reforestation investments, and the suchlike.  This includes the registration of reforestation projects under Law 24 (1992) which establishes the reforestation incentives.

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Last modified 14-Apr-2011 10:06 -0400