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Informação sobre prorrogação do prazo para adesão ao Cadastro Ambiental Rural

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6/23/2015 9:00 PM Demarest News

 

​Information on the extension of the term to register in the Rural Environmental Registry

 
The Rural Environmental Registry (Cadastro Ambiental Rural - "CAR") is the instrument established by Federal Law no. 12 651/2012 for Brazil's rural landowners to right past wrongs.
 
It consists in an electronic register intended as a sort of declaration by means of which landowners send information on their rural lands to adjust them to the environmental laws, namely in regard to Permanent Preservation Areas (Áreas de Preservação Ambiental -"APPs") Legal Reserve Areas (Reserva Legal - "RL").
 
Despite the Registry being already implemented and in operation for a year now, doubts still remain about either the need of the CAR or the correct manner to input the data in this Registry.
 
In view of those doubts and the lack of clarifications, the term to register in the CAR was extended until May 5, 2016 , and this is the last extension.
 
In case landowners fail to register in the CAR until the date indicated above, their lands will be considered in an irregular situation and that will result in: (a) the loss of the possibility of computing the Permanent Preservation Area (APP) in the calculation of the Legal Reserve (RL) percentage; (b) the impossibility of obtaining authorization for suppression of vegetation and making the environmental licensing of rural activities, and (c) restriction of access to federal credit facilities or development programs offered by the federal and state governments.
 
Further to the consequences above, the failure to register in the CAR may result in the imposition of administrative penalties (including a daily fine) as well as the obligation to recover any environmental impacts that may have been caused to the APP and RL Areas, and, further, criminal consequences, in specific cases.
 
It is important to stress that the persons interested in acquiring rural lands subject to the CAR should be aware of the consequences above and contemplate in their real estate due diligence the need of sellers providing the documentation showing the possibility of register in the CAR.
 
In view of such, Demarest Advogados has been sought by its clients to provide information and advice on the CAR implementation. In this activity, where needed for the production of the technical work, we are assisted by specialized consultancies, such as WALTER LAZZARINI CONSULTORIA AMBIENTAL, among others.
 
 
 
[1] According to Decree no. 8 349/2015 and Ministry of Environment's Ordinance no. 100/2015.  

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