On February 9, the State of São Paulo published Decree 61,117/2015, on new rules for inspection of use of water resources during events of hydrological crisis.
In case of events of hydrological crisis, there will be an increase of public agents in charge of inspection of use of water resources (implemented without applicable permits issued by the State Water and Energy Agency (DAEE)).
Some important aspects of the Decree are:
i. Inspections may be performed by members of Environmental Police which are registered to work as DAEE inspectors, as well as by DAEE own agents.
ii. DAEE ordinances shall provide the time period, the area, the guidelines and the procedures for inspections.
iii. Agents in charge of inspections will be empowered to:
a. Issue violation notices and inspection notices;
b. Impose penalty of warning;
c. Point out applicable fines;
d. Take precautionary measures whenever necessary to cease the violation.
iv. Precautionary measures: agents in charge of inspections may seal and obstruct the use of machines, equipment and instruments that use water resources without or in violation of applicable permits.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.