Ministry of Agriculture and Livestock
AGRICULTURA AND GANADERIA
Decree No. 3.338/1964
Please see rules to protect agricultural farms.
Bs. As., 8/5/64.
VISTO the provisions of Decree-Law No. 6.773/63, and
It is appropriate to establish in relation to agricultural farms, the standards to be met in the exploration, development and production of mineral and hydrocarbon fuel farms, as well as to determine the form and place in which the Special Boards referred to in the aforementioned legal provision will be constituted.
Therefore, and the proposal of the Secretary of State for Agriculture and Livestock,
The President of the Argentine Nation,
Article 1. - Note the following rules, aimed at protecting agricultural farms:
(a) Exploration stage:
E. 1) - Before starting activities of exploration of occupied fields, the entrepreneur shall give written notice to the occupier, specifying the duration of the work to be performed, his area of influence - adjusted, as far as possible, to cadastral planes-, general characteristics of the same and approximate amount of personnel to occupy, for the purpose of not incurring intrusion.
E. 2) - The occupier shall, within the maximum of twenty (20) days, answer in writing the request for entry or expansion of the work area, formulating the special precautions to be taken to safeguard the work area and its facilities, apart from those that are specifically listed below.
E. 3) - After the time limit set in the preceding paragraph, without response or opposition, the employer shall manage the corresponding permit before the competent authority, in order to dismantle responsibilities.
E. 4) - If the entrepreneur should continue the tasks outside the intended term or affect an area greater than the one initially requested, he must obtain an extension permit from the occupant in time and form, as specified above. The process of this expansion permit will be adjusted to the requirements of points E. 1, E. 2, E. 3, if applicable.
E. 5) - Upon completion or suspension of work, the employer shall also notify the occupier in writing.
E. 6) - Upon receipt of the notice of termination or suspension of work, the occupant shall have a maximum period of twenty (20) days to express in writing the damages that have not been previously corrected, in order to verify by both parties, on the ground, the reality of the facts.
E. 7) - Transit within an area of activity or another area shall be carried out by the existing places of passage, tranqueras or cattle-guard.
E. 8) - The design or construction of stews must respect existing waterings, mills, sowns and fixed installations. In all cases, tranqueras or gadgets should be placed before the beginning of the construction work of such chops.
E. 9) - Such tranqueras should be similar to those for similar uses and respond to the type of wire installed.
E. 10) - The cattle-guards will be of such a design that they do not allow the passage of animals.
E. 11) - At the end of the work, the entrepreneur will have the option to remove the tranqueras and save-wins that he has installed, replacing the corresponding wires.
E. 12) - The provision of water required by the employer may be taken only if a prior agreement with the occupant, as to the place, quantity and conditions of delivery. This requirement will also govern the stages of development and production.
E. 13) - The location of the exploration wells, will take into account the proximity of any permanent installation, not being able to be located on waterways, mills, corrals, fifths or sows, observing all precautions not to damage or destroy existing facilities. The path of access to the exploration wells will always be made on stings or existing paths in the vicinity, opening only the shortest access, from the steep or mentioned paths, to the well.
E. 14) - The disassemblies in mining cathees in search of coal or asphaltite, will also observe the proper precautions and in general will be governed by the Mining Code in the relevant part to mines.
E. 15) - The provisional or semi-permanent exploration or mining catheterization camps shall be located prior to agreement with the occupant, and their operation shall be subject to the regime that is set out below for any camp.
(b) Development and production phase:
D. 1) - The expansion of activities that demand greater areas of land for mining development work should be done in time and form and according to what is specified in the exploration stage (points E. 1 to E. 4).
D. 2) - The location of oil and gas wells should be adjusted to the same considerations as the exploration wells in terms of avoiding the interference of these with permanent installations in particular mills, watered and planted.
If it could not be avoided to locate them near mills and/or watersheds, the entrepreneur must install the drinkers at a distance that is not less than the equidistance between the circus wells.
D. 3) - The explanation of foundations for wells, batteries, beach of materials and all other installations should occupy the minimum essential surfaces, taking into account in some areas the slowness of the plant recovery of the fields. The same applies to injection tanks, which must be executed in such a way that there are no spills of their contents.
D. 4) - Injection tanks will be wired throughout their perimeter, immediately after being built. Such wires should be at least six threads, their corner poles will be placed on firm ground and not in filling and will be subject to conveniently anchored reins, and wire threads should be kept in permanent tension with tornilletes. In addition, all necessary precautions will be taken in their construction to effectively stop the passage of the hacienda.
D. 5) - The paths of access to the wells and other facilities, during the period of development of the deposit, must be traced according to a planning that will foresee the subsequent expansion of the same, avoiding the overlap of traces or the trace of parallel paths within a short distance.
D. 6) - When the path of a road must inevitably pass very close to a watered and/or mill, they must be installed on both sides of them permanent beekeepers at a distance equal to the equidistance between wells.
D. 7) - For the purpose of avoiding the problems of erosion, the construction of roads, according to its importance and transit, must affect the minimum of necessary surface, in road, duct and loans.
D. 8) - The traces of pipelines, pipelines and aqueducts should preferably follow the paths, provided that this does not represent a significant increase in their length, increasing the construction. The facilities can be airborne, mounted on cavalettes or buried. In the case of aerial facilities on cavalettes, the construction, where necessary, of bridges on the same ones that allow the passage of the haciendas. In the case of buried pipes and a cross-country layout, the area of the affected land will be the minimum required, including the corresponding chopped.
D. 9) - The lower diameter conduction pipes can be air, on surfaces or buried, affecting the minimum of necessary terrain, and their length will be the least possible between their extreme points.
D. 10) - For high-voltage power lines mounted on towers, a traffic jam will be built parallel to it, for the transport of materials and inspection, affecting the minimum of necessary terrain, and its length will be the least possible between its extreme points.
D. 11) - The transfer or movement of work equipment will be made exclusively by existing paths or stings. Except for this to the large equipment, with pneumatic or caterpillar rolls, which can be done in the naughty countryside, provided that the construction of stews is avoided. In this case the wires found in their transfer will be disarmed, upon notice to the occupier, and will immediately be armed if they have taken the step, leaving them in the same conditions above.
The minor elements of these equipment will be moved by the existing links paths.
D. 12) - Production tests in oil wells or gassers should be carried out by taking all appropriate technical precautions, to prevent the surrounding soils and vegetation from becoming oily.
D. 13) - During manoeuvres or operations in any facility, wells, tank collector batteries, storage tank beaches, compressor or pumping plants, all possible precautions should also be taken to avoid damaging or dirtying the surrounding land and vegetation.
D. 14) - The drainages of saltwater and/or oil traces must be channeled or driven by and to places or areas where they do not cause damage, ensuring that their infiltration does not occur. If it is used to embalze them, the emabals should be waterproof and surrounded by appropriate fences, which do not allow access to livestock.
The measures indicated will tend to prevent the contamination of safe aquifers and preserve the flora and fauna of surrounding areas.
D. 15) - Explanations or fields of wells, shall be kept free of materials or elements of lagging, without "charcos" of oil or dirty waters. In the event that such conditions cannot be maintained, they must be circumcised with appropriate fences, which do not allow access to livestock.
D. 16) - It is strictly prohibited to the employer, its staff or contractors, the hunt, whatever its purpose.
D. 17) - The vehicles of the businessman or of its contractors must carry visible legends at a distance and indelible, that individualize their belonging.
The transit of such vehicles is strictly prohibited from existing roads or stings and also from carrying the same firearms and/or dogs.
In addition, in those who transport crude or by-products, spills of their content should be avoided.
In all cases, they must circulate at a prudential speed, especially to avoid blanding or stumbling over the estate.
When the loads exceed the size of the body, special beacon measures should be taken.
D. 18) - Trees, shrubs, bushes, or other plant species cannot be cut.
D. 19) - Camps: The following rules shall be subject to:
(a) Its location shall be determined according to mutual conveniences between the employer and the occupier.
(b) The chosen area will be delimited and duly fenced by the employer, so that the cattle do not have access within their limits.
(c) Wastes and wastes will be deposited in fixed places, within the camp area, after agreement with the occupier and in such a way that it prevents the dispersion of those, and must be periodically incinerated.
(d) Served waters should be treated in accordance with the existing health regulations and regulations for populated urbanized areas. They may be used for irrigation of forest or other plantations.
It is strictly prohibited:
1/ The transit of personnel of the employer or of its contractors in the private fields, outside the performance of their tasks.
2°) Tenure: dogs, pigs and poultry.
3°) The carrying of firearms.
D. 20) - The employer shall place on the ground visible indications, through signs, that they warn the risk that may cause their facilities to those who incur in them, for the purpose of the observance of the precautions caused by the occupier and his staff.
D. 21) - Electrical facilities at soil level should be fenced to avoid risks to people or animals, in addition to placing signs of the danger of high voltage.
Art. 2°. - The Special Boards referred to in Article 3 of Decree-Law No. 6.773/63 shall be composed of six (6) members and six (6) alternate members, as follows: two (2) holders and two (2) alternates representing the companies; equal number on behalf of the producers of the area; one (1) holder and one (1) alternate on behalf of the Secretariat of State of Agriculture and Livestock; and the same number on behalf of the competent Agency of the provinces
Art. 3. - Constitute Special Boards to serve in the jurisdiction of the Provinces of Chubut and Santa Cruz and the Governorate of the Tierra del Fuego, Antarctica and South Atlantic Islands, without prejudice to being others in the future as circumstances require.
Art. 4° - Its members shall be appointed by the Minister Secretary in the Department of Economics, as follows:
(a) The representatives of the companies: one (1) holder and one (1) alternate on the proposal of the Petroliferous Fiscal Deposits and one (1) holder and one (1) alternate on the joint proposal of the other companies acting in the respective jurisdiction. If there are no other companies, the two representatives will be proposed by the said state company.
(b) The representatives of the producers of the area: in each of the provinces and governorate mentioned in Article 3, on the proposal of the Federation of Rural Societies of Patagonia.
(c) Official, incumbent and alternate representatives, on the proposal of the Secretary of State for Agriculture and Livestock and, respectively, of the provinces of Chubut, Santa Cruz and of the Land of Fire, Antarctica and South Atlantic Islands.
All members will be ad-honorem and will last two (2) years in their functions, and may be re-elected.
Article 5 - The Special Boards shall be chaired by the representative of the provinces or the governorate. They may sit with their President and three of their members, and the presence of the President is always necessary, which will be replaced in the event of an impediment by the member appointed on behalf of the Ministry of Agriculture and Livestock. Its decisions will be made by a majority of votes of the members present, having the President double vote in the event of a tie.
Article 6 - The Special Boards, once constituted, shall determine the seat of their functions. Within sixty (60) days they shall issue their internal regulations and shall elevate to the Ministry of Economy, for approval, the rules of procedure to which they shall conform.
Article 7 - The present decree shall be endorsed by the Ministers Secretaries in the Departments of Economy and Interior and signed by the Secretaries of State of Agriculture and Livestock and Energy and Fuels.
Art. 8° - Contact, publish, give to the General Directorate of the Official Gazette and Printers and return to the State Secretariats of Agriculture and Livestock and Energy and Fuels.
ILLIA. - Eugenio A. Blanco. - Juan S. Palmero. - Walter F. Kugler. - Antulio F. Pozzio.