Licenciamento Industrial

Industrial licensing is an instrument of collective interest protection aimed at preventing the risks arising from the work of industrial establishments, public health and safety, workplace hygiene and safety, the quality of the environment and a correct spatial planning.



Types of industrial licensing

The Responsible Industry System (SIR) classifies industrial establishments into three types according to their risk potential:



Industrial Licensing Type 1

Establishments whose industrial plant projects are covered by at least one of the following legal regimes:

  • RJAIA (environmental impact assessment)
  • RJPCIP (integrated pollution prevention and control)
  • RPAG (prevention of major accidents involving dangerous substances)

Type 1 is the most dangerous (concentrating 2% of industries, such as chemistry, pulp, cement). For Type 1 companies, the industrial license will be issued a maximum of 110 days by decision of the Central Administration.



Industrial Licensing Type 2

Establishments not included in Type 1, provided that they are covered by at least one of the following legal regimes or circumstances:

  • Contracted electrical power of 99 kVA or more
  • Thermal power exceeding 12 × 106 kJ / h
  • More than 20 workers
  • Need to obtain TEGEE (greenhouse gas emissions permit)
  • Need to obtain a license or opinion for waste management operations

If it is Type 2 (average danger) licensing may take between 10 and 60 days, but if the industry chooses to be in one of the Responsible Business Zones (ZER) it may have zero licensing.



Industrial Licensing Type 3

Establishments not covered by Types 1 and 2.

This type is the least dangerous, encompassing most of the companies, and for these companies the license is zero.

With SIR, the requirement for licensing in small industries with an electric power of less than 99 kVA, a thermal power of more than 12 × 106 kJ / h, and fewer than 20 workers, which are part of type 3, are extinguished to a regime of mere prior communication, and can start its operation immediately after this communication (so-called zero licensing).

The SIR came into force in September 2012, with Decree-Law no. 169/2012, replacing the previous Regime of the Exercise of Industrial Activity (REAI).