The Senate and Chamber of Deputies
of the Argentine Nation gathered in Congress, etc.
LAW OF THE MATANZA RIACHUELO
CHAPTER I - AUTHORITY OF MATANZA RIACHUELO
Creation.ARTICLE 1 Trust the Matanza Riachuelo Basin Authority as an inter-jurisdictional public law entity within the Ministry of Environment and Sustainable Development of the Chief of Staff of Ministers.
The Authority of Cuenca Matanza Riachuelo will exercise its competence in the area of the Cuenca Matanza Riachuelo in the area of the Autonomous City of Buenos Aires and the parties of Lanús, Avellaneda, Lomas de Zamora, Esteban Echeverría, La Matanza, Ezeiza, Cañuelas, Almirante Brown, Morón, Merlo, Marcos Paz, President Perón, San Vicente and General Las Heras, of Buenos Aires.
Integration. Regulations.ARTICLE 2 The Matanza Riachuelo Basin Authority will be composed of OCHO (8) members, including the head of the Secretariat of Environment and Sustainable Development of the Chief of Staff of Ministers, who will exercise the presidency.
The remaining members will be TRES (3) representatives of the national executive branch, DOS (2) representatives of the province of Buenos Aires and DOS (2) representatives of the Autonomous City of Buenos Aires.
The Matanza Riachuelo Basin Authority will dictate its regulations of internal organization and operation.
Municipal Council.Article 3 Trust in the area of the Matanza Riachuelo Basin Authority a Municipal Council composed of a representative of each municipality of the jurisdictions included, whose purpose will be to cooperate, assist and advise the Ente.
Commission for Social Participation.ARTICLE 4 Trust the authority of Cuenca Matanza Riachuelo, a Commission for Social Participation, with advisory functions. This Commission shall consist of representatives of organizations with interests in the area.
CHAPTER II - COMPETITION
Schools.ARTICLE 5o -- The Matanza Riachuelo Basin Authority has the powers of regulation, control and promotion in respect of industrial activities, the provision of public services and any other activity with environmental impact in the basin, and may administratively intervene in the area of prevention, sanitation, recomposition and rational use of natural resources.
In particular, the Authority is empowered to:
(a) Unify the applicable regime for effluent discharges to water-receptive bodies and gaseous emissions;
(b) Planning the environmental management of the territory affected to the basin;
(c) Establishing and receiving rates for services rendered;
(d) To carry out any kind of legal act or administrative procedure necessary or appropriate for the implementation of the Comprehensive Plan of Control of Pollution and Environmental recomposition.
(e) Manage and administer as a Central Executing Unit the funds necessary to carry out the Comprehensive Plan of Control of Pollution and Environmental Recomposition.
Policy prevalence.ARTICLE 6 The powers, powers and competencies of the Matanza Riachuelo Basin Authority in environmental matters prevail over any other concurrent in the field of the basin, its articulation and harmonization with local competencies must be established.
Preventive measures. Schools.ARTICLE 7 The Matanza Riachuelo Basin Authority may provide preventive measures when it becomes aware directly, indirectly, or by denunciation of a situation of danger to the environment or physical integrity of the inhabitants in the area of the basin.
To this end, the Presidency of the Matanza Riachuelo Basin Authority will have the powers to:
(a) Take intervention in enabling procedures, environmental audit, environmental impact assessment and sanctioning;
(b) Intimate to appear as a matter of urgency to all subjects related to the possible damage identified;
(c) Auditing facilities;
(d) Require the implementation, updating or deepening of environmental impact assessments and environmental audits in accordance with applicable regulations;
(e) Impose specific monitoring regimes;
(f) To develop perceptions;
(g) To urge the exercise of sanctioning powers in the field of the Administration;
(h) Order the confiscation of goods;
(i) Order the cessation of activities or actions harming the environment or physical integrity of persons;
(j) To have the preventive, partial or total closure of establishments or facilities of any kind.
The Presidency of the Matanza Riachuelo Basin Authority shall immediately notify its members of the decisions taken in the use of the powers described above.
The National Administrative Procedures Act is applicable in the absence of a specific procedure for the adoption of these measures.
Against the decisions of the Matanza Riachuelo Basin Authority may be lodged with the National Executive in the terms of Article 94 of the Regulations of Administrative Procedures, Decree No. 1759-172 (T. 1991).
Annual report to the Congress of the Nation.ARTICLE 8 The Matanza Riachuelo Basin Authority will report annually to the Honorable Congress of the Nation on the initiatives, actions and programs implemented.
CHAPTER III - FINANCING
Environmental Compensation Fund.Article 9 Create an Environmental Compensation Fund that will be administered by the Matanza Riachuelo Basin Authority and will be primarily intended for the protection of human rights and the prevention, mitigation and recomposition of environmental damage.
This Compensation Fund will consist of:
(a) Budget allocations included in the Annual Budget Act of the National Government;
(b) Funds collected for fines, fees and taxes established by standards;
(c) Recommended awards set at judicial headquarters;
(d) Grants, donations or legacies;
(e) Other resources allocated to it by the national State, the province of Buenos Aires and the Government of the Autonomous City of Buenos Aires;
(f) International credits.
CHAPTER IV - REGIME OF COMPANIES AND CONTRACTS
Procedure.ARTICLE 10. The procurement and contracting regime shall be governed by the mechanisms provided for in Decree No. 1023/2001 and its amendments.
CHAPTER V - OTHER PROVISIONS
Transfer of assets.ARTICLE 11. Transfer to the Matanza Riachuelo Basin Authority the budget lines, movable goods and other assets belonging to the Executive Committee of the Environmental Management Plan and the management of the Matanza Riachuelo Watershed created by Article 1 of Decree No. 482 of 20 September 1995.
Implementation of principles of environmental policy.ARTICLE 12. Without prejudice to the forecasts set out in this rule, the Principles of Environmental Policy contained in General Environmental Law No. 25,675 should be observed.
Ratification of the Commitment Agreement.ARTICLE 13. Ratifies the Agreement Commitment "Boenca Hídrica Matanza Riachuelo" signed in Buenos Aires City on August 28, 2006 between the President of the Nation, Dr. Néstor Carlos Kirchner, Head of Cabinet of Ministers of the Nation, Dr. Alberto Fernández, Governor of the Province of Buenos Aires, Ing. Felipe Solá, the Head of Government of the Autonomous City of Buenos Aires, Lic. Jorge Telerman and the mayors of the parties of Lanús, Avellaneda, Lomas de Zamora, Esteban Echeverría, La Matanza, Ezeiza, Cañuelas, Almirante Brown, Morón, Merlo, Marcos Paz, President Perón, San Vicente and General Las Heras of the province of Buenos Aires, which as Annex 1 is an integral part of this law.
Accession.ARTICLE 14. Invite the Legislatures of the Province of Buenos Aires and the Autonomous City of Buenos Aires to adhere to the terms of the present. ARTICLE 15. Contact the national executive branch.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE FIFTH DAYS OF THE MONTH YEAR DOS MIL SEIS.
ALBERTO E. BALESTRINI. . JOSE J. B. PAMPURO. . Enrique Hidalgo. . Juan H. Estrada.
In the City of Buenos Aires, on August 28, 2006, Mr. PRESIDENT OF THE NATION, Dr. Néstor Carlos KIRCHNER, Mr. JEFE DE GABINETE DE MINISTROS, Dr. Alberto FERNANDEZ, Mr. GOVERNOR OF THE PROVINCIA OF GOOD AIRES, Dr. Felipe SOLA, Mr. JEFE OF GOVERNMENT OF THE AUTONOMA OF GOOD AIRES, Lic. Jorge TELERMAN and the Intendents of the Parties of LANUS, AVELLANEDA, LOMAS DE ZAMORA, ESTEBAN ECHEVERRIA, MATANZA, EZEIZA, CAÑUELAS, ALMIRANTE BROWN, MORON, MERLO, MARCOS PAZ, PRESIDENT PERON, SAN VICENTE y GENERAL
FIRST: The Parties undertake to provide their most absolute support to the draft law forwarded by the NATIONAL EXECUTIVE POWER to the HONORABLE CONGRESS OF NATION, through which the creation of the AUTHORITY OF MATANZA MATANZA RIACHUELO as an integral part of public inter-jurisdictional law in the area of the SECRETARIA de AMBIENTE
SECOND: The Parties also undertake to promote, within each of their jurisdictions, the dictation of the rules that materialize the implementation of the Draft Law referred to in the First Clause, which in due course sanctions the HONORABLE CONGRESS OF NATION.
The present Act is signed in DIECISIETE (17) copies of the same tenor and only one effect, at the place and date indicated in the heading of the present.