National System Of Marine Protected Areas Create Marine Areas - Law N? 27.037 - Modifications - Full Text Of The Norm

Original Language Title: SISTEMA NACIONAL DE AREAS MARINAS PROTEGIDAS CREANSE AREAS MARINAS - LEY N? 27.037 - MODIFICACIONES - Texto completo de la norma

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
PROTEGED NATIONAL SYSTEM

Law 27490

Trust yourself Marine areas. Act No. 27.037. Modifications.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force

Law:

PART I

INTEGRANTES AREAS OF THE NATIONAL SYSTEM OF PROTEGED MARINE AREAS

Article 1 - Créase the marine protected area "Namuncurá - Banco Burdwood II", constituted by the categories of management of the National Marine Reserve Estricta and the National Marine Reserve, on the total of the continental shelf and the suprayacent waters to the bed and subsoil of the Argentine marine space whose limits are detailed in Annex I which is an integral part of the present and which has a total surface of thirty-two thousand three hundred and thirty square kilometres.

Since the promulgation of the present law, the Argentine maritime space detailed in the aforementioned Annex shall be subject to the regime of law 27.037, its regulatory and/or modification rules.

Art. 2° - Créase the marine protected area “Yaganes”, constituted by the management categories of the Estricta Marine National Reserve, Marine National Park and Marine Reserve, on the total of the continental shelf and the suprayacent waters to the bed and subsoil of the Argentine marine space whose limits are detailed in Annex II which is an integral part of the present and which has a total area of sixty-eight, eight thousand eight hundred and four hundred and seventy square kilometres.

Since the promulgation of the present law, the Argentine maritime space detailed in the aforementioned Annex shall be subject to the regime of law 27.037, its regulatory and/or modification rules.

PART II

MODIFICATIONS TO LEY 27.037 OF THE NATIONAL SYSTEM OF PROTECTED MARINE AREAS

Article 3 - Replace subparagraph (a) (i) of Article 5 of Law 27.037, which shall read as follows:

I. Military surface and submarine exercises that generate impacts on species and ecosystems and waste disposal of such activity.

Article 4 - Replace Article 6 of Law 27.037, which shall read as follows:

Article 6: In addition to the powers and duties conferred by this law and its regulation, the enforcement authority shall have the following:

I. Manage and monitor the National System of Protected Marine Areas.

II. Develop actions leading to the conservation and sustainable use of marine ecosystems through the management of marine protected areas, in a coordinated manner with the authorities of the national executive branch with competence in marine affairs.

III. To increase research for the adoption of conservation policies for marine ecosystems and natural resources in conjunction with the Secretariat of Government of Science, Technology and Productive Innovation, and the Secretariat of Government of Environment and Sustainable Development.

IV. Develop education and environmental information campaigns in accordance with the objectives of this Act.

V. Article with the Secretariat of the Government of Science, Technology and Productive Innovation and/or with the Blue Pampa Initiative, or which will replace it in the future, the relevant mechanisms for the realization of scientific research aimed at meeting the objectives of this law, as well as to adhere and/or incorporate the information obtained to the National System of Sea Data, or to replace it in the future.

VI. Prepare a management plan for each marine area that is established within five (5) years of its creation, through a consultative and participatory process, including a long-term ecological vision and protection through an ecosystem approach, a zoning if appropriate, a public awareness policy and mechanisms for control and monitoring.

VII. Develop the report contained in article 9 of this Act.

VIII. Form and dictate the rules of procedure of the advisory committees provided for in articles 10 and 11 of this Act.

IX. To approve studies, programmes, any project or activity to be carried out within the areas of the system, in coordination with the authorities with competence in the field; where appropriate.

X. Promote actions that encourage community participation in marine protected areas.

XI. To work with the institutions of the Scientific and Technological System, or to replace it in the future, the actions leading to the implementation of plans in which interdisciplinary projects are developed that include baseline research, the conservation of marine species and environments, as well as the use of renewable resources to meet the objectives of this law.

XII. Ensure access to information obtained under the National System of Protected Marine Areas in accordance with the provisions of Act No. 25,831 and its complementary and/or modifying standards.

XIII. Dictate the regulations that belong to it as an enforcement authority.

XIV. Apply penalties for violations of the law, its regulatory decree and regulations.

XV. In general, perform all acts and conventions that best serve the purposes of the law.

Article 5: Replace Article 7 of Law 27.037, which shall read as follows:

Article 7: The management plans established pursuant to paragraph VI of the previous article should be revised at least every five (5) years, and the modifications available should be published in the public access sites to the information of the application authority.

Article 6: Replace Article 10 of Law 27.037, which shall read as follows:

Article 10: The implementing authority shall establish a non-binding standing advisory committee of the National System of Protected Marine Areas, which shall be chaired by the implementing authority and shall be composed of a representative of the Secretariat of Government of Environment and Sustainable Development, one of the Ministry of Foreign Affairs and Worship, one of the Secretariat of Government of Science, Technology and Productive Innovation, one of the National Council for Scientific and Technical Research (CONICET), one of the Ministry of Agriculture and Industry

They will be the functions of this committee:

I. Assisting the enforcement authority in achieving core institutional arrangements for its management;

ii. To guide the rational use of the human, financial and equipment resources available in other areas of the national State for the objectives of this law;

iii. Assist in the development and revision of management plans;

iv. To give an opinion on the agreements and guidelines for the management required.

The implementing authority may identify other specific functions for the non-binding standing advisory committee through a well-founded resolution.

The costs associated with representation in this advisory committee shall be borne by each organ or agency that is convened, having an ad honorem character.

Article 7: Replace Article 11 of Law 27.037, which shall read as follows:

Article 11: The implementing authority may establish for each protected marine area a non-binding ad hoc advisory committee, duly representative of government agencies, scientists, universities and representatives of non-governmental organizations specializing in marine affairs, to facilitate the formulation, review and appraisal of the implementation of management plans for marine protected areas created.

Private legal persons covered by article 148 of the Civil and Commercial Code of the Nation participating in the advisory committee provided for in this article shall certify their registration with the General Inspectorate of Justice and carry out their activities in accordance with the existing legislation of the Argentine Republic.

Article 8 - Incorporate article 11 bis to law 27.037 with the following text:

Article 11 bis: Non-governmental organizations with legal status on national, provincial, regional or municipal territory, which aim to develop activities related to this law and require participation in the ad hoc advisory committee, shall be registered in a Register of Non-Governmental Organizations.

The National Register will have the functions:

(a) To register the existence and systematization of information of all non-governmental organizations with legal status in national, provincial, regional or municipal territory that require the participation of the ad hoc advisory committee.

(b) Provide information on the existence, background and functioning of such institutions, to anyone who requires it.

Article 9: Incorporate Article 11 ter to Law 27.037 with the following text:

Article 11 ter: Institutions shall submit to the authority of application for recognition and registration:

(a) Proceedings;

(b) Nomin of Steering Committee;

(c) Legal personality; and

(d) Regulations and Rules.

Any modification of the statutes and the renewal of authorities due to expiration of the mandates shall be communicated by the Organizations Non-governmental organizations to maintain their recognition in force within a time limit that cannot exceed one hundred and twenty (120) days. After such a period of time, it shall proceed, in full, to withdraw from the Register.

Art. 10.- Article 12 of Law 27.037 shall be replaced by the following:

Article 12: In the event of a violation of the provisions of this Act, its regulations and those set forth in the management plans, the enforcement authority shall be competent to apply the appropriate penalties and shall give intervention to the competent authorities.

Art. 11.- Incorporate Article 12 bis to Law 27.037 with the following text:

Article 12 bis: Offences to this Act, its regulatory decree, the supplementary rules issued by the implementing authority and those established in the management plans shall be punished by:

(a) Perception in the case of minor offences;

(b) Fine of fixed units ten thousand (U.F. 10,000) to fixed units one million (U.F. 1,000.000);

(c) Special disqualification from one (1) to five (5) years;

(d) Suspension of up to one hundred and eighty (180) days of activities authorized and/or permitted by the implementing authority;

(e) Seizure of assets and/or effects involved.

Where the offence in question is in the areas detailed in Article 5 (a), (b) and (c) of this Law, the maximum fine may be up to fixed units of 10 million (U.F. 10,000.000).

Please refer to the national executive branch to issue the rules of procedure, subject to which the enforcement authority shall apply the sanctions, and due process must be ensured. They will be appealed to the National Appeals Chamber in the Administrative Disputes of the Federal Capital.

Attribution is delegated to the national executive branch to establish and update the value of fixed units, which may delegate to the implementing authority the semi-annual updating of the amounts on the basis of the variation in the General Level Majority Price Index, prepared by the National Statistical and Census Institute.

The actions to impose penalties for breaches of this law and its regulatory rules are prescribed at five (5) years. The term of limitation shall begin to be counted from the date of the commission of the offence.

Art. 12.- Incorporate Article 12 ter into Law 27.037 with the following text:

Article 12 ter: National agencies shall provide the necessary collaboration to enable the implementing authority to fulfil the assigned functions.

Agencies with competence in the maritime areas of the National System of Protected Marine Areas shall ensure due cooperation towards the enforcement authority in the field of compliance with this law.

Any entity or public authority that regulates activities to be carried out within the jurisdiction of marine protected areas established under this Act shall give prior intervention to the enforcement authority.

PART III

TRANSITORY APPLICATION PROVISIONS

Art. 13.- Budget. Erogations that demand compliance with this law shall be carried out by the national State by imposing the same on the General Budget of the National Administration.

Authorize the national executive branch to make the amendments and incorporations in the National Administration's Cost and Resource Budget Act for the fiscal year in force in the areas deemed necessary for the implementation of this Act.

Art. 14.- Organizational structure. The implementing authority should upgrade its respective organizational structure to the national executive branch for approval.

Art. 15.- Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE DIASS OF THE TWENTY DAY TWO MIL DIECHOHO.

_

MARTA G. MICHETTI - EMILIO MONZO - Eugenio Inchausti - Juan P. Tunessi

NOTE: The Annex/s that integrate/n this(a) Law is published in the web edition of BORA -www.boletinoficial.gob.ar-

e. 17/12/2018 No. 96359/18 v. 17/12/2018

(Note Infoleg: The annexes referred to in this rule have been extracted from the Official Gazette web edition. These are available in the following link: AnnexI, Annex II)