SPDA publishes an analysis of the environmental regulation of water parks in Peru.

[Download the publication here]

The Peruvian coast is officially in the summer season since last December 21. During this season, citizens look for alternatives to try to placate the high temperatures. A popular option during the last 3 years has been the aquatic parks, floating installations of inflatable games that are established in public spaces. And, although at first glance such projects may not seem complex, as would be a mining or oil project, the truth is that they could also involve an environmental impact on the marine environment and, at the same time, harm the access and enjoyment of the beaches if they are not managed properly. 

In this context, the Peruvian Society for Environmental Law presents the publication “Aquatic parks in Peru: analysis of environmental regulations”, a report that reviews the environmental regulations on this type of projects, and analyzes the requirements for their installation and operation based on parks installed until March 2024.

Key points of the SPDA report

This publication is divided into 4 sections. The first one develops the general framework on environmental impact assessment. The second section presents the general framework on the installation and operation of water parks and, at the same time, details the permits that are necessary for the installation and operation of these projects. The third presents the concept of the right to the city and the regulation of public spaces, as well as its repercussions on this type of projects. And finally, the last one describes the requirements to install water parks in Peru and analyzes the opinion of the Ministry of the Environment (Minam) regarding environmental certification of these projects. 

It should be noted that, for this report, the SPDA analyzed the information submitted up to March 2024 by the Ministry of the Environment (Minam), the General Directorate of Capitanías y Guardacostas of the Peruvian Navy (Dicapi), among other entities. 

About environmental regulation

One of the key points of this report is the reflection on the lack of clear environmental regulation on water parks as of March 2024 despite the fact that the activity is already underway. According to Minam, the 3 water park projects that were consulted (Yakupark in Paracas, Yakupark Sauce in Tarapoto, and water park (unnamed) in Paracas) would not require environmental certification because their environmental impacts would not be significant.

However, although, according to Minam, it is not necessary to obtain environmental certification prior to the installation and operation of these projects, it is important to ensure adequate institutional coordination and clarity on environmental obligations, especially when these projects could be located within a protected natural area and could result in restrictions on the use and enjoyment of public spaces.  

 Foto: Andrés Nolasco / SPDA

In this context, Vera Morveli, legal advisor for the SPDA's Environmental Policy and Governance Program, explained the importance of having clear guidelines and guaranteeing citizen participation in this type of project: 

“The promotion of water parks in Peru should not ignore the corresponding environmental and social regulations. It is necessary to have clear guidelines, adequate coordination between the various competent authorities and, above all, guarantee citizen participation, considering that such projects are generally installed on public beaches in order to guarantee the harmonious, environmentally and socially responsible use of these spaces, ensuring the protection and promotion of the right to the city of all citizens”, he mentioned. 

About water parks 

Also, from the information provided by the authorities to the SPDA, as of March 2024, at least 4 water park projects were reported in Peru: Yakupark in Paracas, Yakupark Sauce in Tarapoto, water park (unnamed) in Paracas, and Olaya Park in Lima. 

These parks would have to have the following authorization permits to operate:

• Authorization of reservation of aquatic area use for fishing and recreational purposes.
• Authorization for the right to use the aquatic area.
• Compatibility opinion from the National Service of Natural Areas Protected by the State (Sernanp), if applicable.
• (*) Environmental certification (prior opinion of Minam).

Regarding environmental certification, it is necessary to specify that all projects included in the “List of projects included in the SEIA”[1] must have environmental certification. In the specific case of water parks, since they are not included in this list, the Minam should be consulted on whether environmental certification is required on a case-by-case basis.

In this context, the report mentions that, as of March 2024, only Yakupark in Paracas had all the corresponding permits. Yakupark Sauce and the water park (unnamed) were still in the process of obtaining them. In the case of Olaya Park, the project did not proceed.