It proposes to give clarity to the administrative procedure of environmental inspection, setting 3 stages:
• Instruction and resolution;
• Final stage of the procedure, which can impose sanctions, remedies and determination of environmental liability for damage caused to the environment.
four acts that can perform PROFEPA through authorized personnel, in order to comply with the provisions and environmental obligations specified: administrative acts of inspection, supervision, technical research and verification, allows PROFEPA use technical and expert evidence, when so determined and required for scientific knowledge of the facts under which resolution should be issued.
Environmental administrative procedure according to the new model of the Mexican punitive system changes. orality is set at the stage of administrative justice as alternative dispute resolution mechanisms provided for in the Federal Environmental Liability Law and Article 168 of the LGEEPA. It strengthens the administrative decision to be consistent with the administrative application of the system of environmental responsibility.
It is proposed simplifying assumptions of origin for security measures. the warning is incorporated as a measure for the case of minor offenses where the offender is a natural person and no damage has occurred. The initiative incorporates provisions of the Federal Law on Environmental Responsibility make it clear when a physical and legal person when a person is responsible. Situations not envisaged in current legislation.
Simplifying and clarifying the assumptions of seriousness of an infringement, stating that to arrive at this conclusion, the PROFEPA must consider the damage which has occurred or may occur to the environment or health, and the levels at which, if any, had been exceeded the limits established in the official Mexican standard applicable.
Restorative justice in which the authority must not only resolve legally, but address the conflict caused to the victim is recognized, it is proposed that when a complaint involves damage to the environment caused direct detriment of heritage or bodily integrity of the complainant, the authority may attach it to a conciliation procedure and sign an agreement with the aim of resolving legal disputes and social nature incurred in the production of damage to the environment, through collaborative way in which the dialogue is privileged and facilitate alternative solutions that are environmentally and socially more positive.
Articles Reform: Reform articles 3, 160, 161, 162, 162 BIS, 163, 164, 165, 166, 166 BIS, 166 TER, 166 QUATER, 167, 168, 169, 170, 170 BIS, 170 TER, 170 QUATER, 170 QUINTUS, 171, 172, 173, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203 and 204 of the General Law of Ecological Balance and Environmental Protection; added an article 153 bis of the General Law of National Assets; reforms Articles 159 to 162 of the General Law on Sustainable Forestry Development; reform Articles 101, 103, 104 and 105 of the General Law for the Prevention and Management of Waste; 113a adds an article to the Law on Biosafety of Genetically Modified Organisms; reform Articles 104, 110 to 121 of the General Law on Wildlife; and reform Articles 111 and 113 of the General Law on Climate Change.