Key Benefits:
law n ° 1333 law of April 27, 1992
JAIME PAZ ZAMORA CONSTITUTIONAL PRESIDENT OF THE REPUBLIC
For the Honorable National Congress, it has sanctioned the following Law: D E C R E T A:
TITLE I GENERAL PROVISIONS
CHAPTER I OBJECT OF THE LAW
Article 1. This Law is intended to protect and conserve the environment and natural resources by regulating the actions of man. with regard to nature and promoting sustainable development in order to improve the quality of life of the population.
Article 2. For the purposes of this Law, it is understood by sustainable development, the process by which the needs of the current generation are met, without putting at risk the satisfaction of needs of future generations. The concept of sustainable development implies a permanent global task.
Article 3. The environment and natural resources constitute the Nation's heritage, its protection and exploitation are governed by Law and are of public order.
Article 4. This Law is of public order, social, economic and cultural interest. TITLE II
OF ENVIRONMENTAL MANAGEMENT CHAPTER I
OF ENVIRONMENTAL POLICY Article 5. National environmental policy must contribute to improving the quality of life of the population,
on the following bases:
Defining government actions to ensure the preservation, conservation, improvement and restoration of urban and rural environmental quality.
Promoting sustainable development with equity and social justice by taking into account The country's cultural diversity counts.
Promotion of conservation of the biological diversity guaranteeing the maintenance and permanence of the country's diverse ecosystems.
Optimizing and streamlining the use of water, air soils and other renewable natural resources guaranteeing their long-term availability
Incorporation of the environmental dimension in the processes of national development.
Incorporation of environmental education for the benefit of the population as a whole.
Promotion and promotion of scientific research and technology related to the environment and natural resources.
Establishment of territorial law, through ecological, economic, social and cultural zoning. The territorial arrangement does not imply an alteration of the established national political division.
Creation and strengthening of the means, instruments and methodologies necessary for the development of environmental plans and strategies of the country, prioritizing the development and maintenance of heritage accounts in order to measure variations in the national natural heritage.
Compatibility of national policies with international policy trends in the Issues related to the environment by protecting sovereignty and interests
CHAPTER II OF THE INSTITUTIONAL FRAMEWORK
Article 6. Create the National Secretariat of the Environment (SENMA) under the Presidency of the Republic as a body responsible for environmental management. The National Secretary of the Environment will have the rank of Minister of State, will be appointed by the President of the Republic, and will attend the Council of Ministers.
Article 7. The National Secretariat of the Environment, has the following basic functions:
Formulate and direct national environmental policy in accordance with general policy and national economic and cultural development plans.
Incorporate the environmental dimension to the System National Planning. To this end, the National Secretary of the Environment will participate as a member of the National Economic and Planning Council (CONEPLAN).
Plan, coordinate, evaluate and control the activities of environmental management.
Promote sustainable development in the country.
Normar, regulate and monitor the activities of its competition in coordination with entities
Approve or reject and supervise the Environmental Impact Assessment Studies of a national nature, in coordination with the respective Sectoral Ministries and the Department of the Middle Environment.
Promote the establishment of territorial planning, in coordination with public and private, sectoral and departmental entities.
Fulfilling and enforcing the provisions of this Law. Article 8. Create the Department of the Environment (CODEMA) in each of the
's departmentsagencies of maximum decision and consultation at the departmental level, within the framework of national environmental policy. environment established with the following functions and attributions:
Define the departmental environment policy.
Prioritize and approve environmental plans, programs, and projects that are elevated to your consideration through departmental Secretariats.
Approve departmental-level rules and regulations related to the environment.
Oversee and control the activities entrusted to the departmental secretaries.
To raise terms with the National Secretary of the Environment for the designation of the Departmental Secretary of the Environment.
Comply and enforce this Law and the resolutions issued by them.
it is up to the departmental governments to convene the regional, public, private, civic, business, labor and other institutions for the formation of the Department of the Environment. representatives, in accordance with the provisions of the respective regulations.
Article 9. Create the Department of the Environment Secretariat as decentralized entities of the National Environment Secretariat, whose The main tasks will be to implement the departmental policies
will also have the functions entrusted to the National Secretariat that correspond to the national environment policy. departmental scope, according to regulation.
Article 10. The ministries, agencies and public institutions of national, departmental, municipal and local character, related to the environmental problems, must adapt their organizational structures in order to have an instance for the issues
coordination with the Environment Secretariat, they will support the implementation of programs and projects aimed at preserving and conserving the environment and resources.
CHAPTER III OF THE ENVIRONMENTAL PLANNING
Article 11. The country's national and regional development planning must incorporate the environmental dimension through a permanent dynamic process and between the different entities involved in the environmental problem.
Article 12. They are basic tools for environmental planning:
The formulation of plans, programs and projects in the short, medium and long term, at the national, departmental and local level.
The territorial arrangement on the basis of the ability to use ecosystems, location of human settlements and the needs of environmental conservation and natural resources.
The comprehensive and sustainable management of basin-level and other resources geographical.
Environmental Impact Assessment Studies.
Inter-sectoral, inter-institutional and inter-regional coordination and coordination mechanisms.
The inventories, diagnostics, studies, and other sources of information.
The means of assessment, control and monitoring of environmental quality. Article 13. The National Environment Secretariat is responsible for the formation
the Commission forthe Territorial Ordinance, which is responsible for its establishment in the country.
Article 14. Planning and Coordination, with the support of the Ministry of Finance, the National Secretariat of the Environment and the competent agencies, are responsible for the elaboration and maintenance of the heritage accounts, in order to have an appropriate national natural heritage assessment system.
CHAPTER IV OF THE NATIONAL ENVIRONMENTAL INFORMATION SYSTEM
ARTICLE 15. THE NATIONAL SECRETARIAT AND THE DEPARTMENT OF THE ENVIRONMENT DEPARTMENT ARE RESPONSIBLE FOR THE ORGANIZATION OF THE NATIONAL ENVIRONMENTAL INFORMATION SYSTEM, WHOSE FUNCTIONS AND attributions shall be: record, organize, update and disseminate national environmental information.
Article 16. All reports and documents resulting from scientific activities and technical and other work carried out in the country by natural or collective, national and/or international persons, The environment and natural resources will be referred to the National Environmental Information System.
TITLE III OF THE ENVIRONMENTAL ASPECTS
CHAPTER I OF THE ENVIRONMENTAL QUALITY
Article 17. It is the duty of the State and society to guarantee the right that every person has and to be alive to enjoy a healthy and pleasant environment in the development and exercise of their activities.
Article 18. Quality control The environment is of necessity and public utility and social interest. The National Secretariat and Department of the Environment Secretariats will promote and execute actions to meet environmental quality control objectives.
Article 19. Quality control objectives environmental:
Preserve, conserve, improve and restore the environment and natural resources in order to raise the quality of life of the population.
Normar and regulate the use of the environment and natural resources for the benefit of the population. of the society as a whole.
Prevent, control, restrict and avoid activities that contain harmful or dangerous effects on health and/or deterioration of the environment and natural resources.
Standards and orienting the activities of the State and the Society regarding the protection of the environment and the sustainable use of natural resources, in order to ensure the satisfaction of the needs of the present and future generations.
CHAPTER II OF ACTIVITIES AND FACTORS LIKELY TO DEGRADE THE ENVIRONMENT
Article 20. Are considered activities and/or factors likely to degrade the environment; when they exceed the limits allowed to be laid down in express regulation, which are then lists:
Those that pollute the air, the waters in all their states, the soil and the subsoil.
Those that produce harmful alterations of the hydrological, edaphological, geomorphological and climatic conditions.
cultural heritage, landscape and collective or individual goods, protected by law.
Those who alter the natural heritage constituted by biological, genetic and ecological diversity, their interrelations and processes.
direct or indirect that they produce or can produce the environmental deterioration in shape temporary or permanent, affecting the health of the population.
Article 21. It is the duty of all natural or collective persons to develop activities that may degrade the environment, take preventive measures CHAPTER III OF THE ENVIRONMENTAL PROBLEMS
ENVIRONMENTAL PROBLEMS
CHAPTER III OF THE ENVIRONMENTAL PROBLEMS
NATIONAL DISASTERS
Article 22. It is the duty of the State and society to prevent
State will promote and promote research on the effects of natural disasters on health, the environment and the environment. national economy.
Article 23. The Ministry of National Defense, in coordination with the public and private sectors, shall develop and implement prevention and contingency plans for the attention of the population and recovery of areas affected by natural disasters.
CHAPTER IV OF THE ASSESSMENT ENVIRONMENTAL IMPACTS
Article 24. For the purposes of this Law, the Environmental Impact Assessment (EIA) is defined as a set of administrative procedures, studies, and technical systems that allow for the estimation of effects. that the execution of a given work, activity or project may cause environmental damage.
Article 25. All works, public or private activities, prior to their investment phase, must necessarily count on the identification of the category of environmental impact assessment to be carried out according to the following levels:
Requires comprehensive analytical EIA.
Requires specific analytical EIA.
It does not require specific analytical EIA but its conceptual review may be advisable.
It does not require EIA.
Article 26. The works, projects or activities that, due to their characteristics, require the Environmental Impact Assessment Study as prescribed in the previous article, prior to their execution, must count The Declaration of Environmental Impact (DIA), processed by the competent sectoral agencies, issued by the Department of the Environment Department and approved by the National Secretariat. The approval must be verified within the period of 20 days, otherwise the consolidated day will be left without the approval.
In the case of projects of national scope, the DIA should be dealt with directly to the National Secretary of the Environment.
The Declaration of Environmental Impact will include studies, technical recommendations, norms and limits, within which the works, projects of activities evaluated and recorded must be developed. in the Department of Departments and/or National Secretariat of the Environment. The Environmental Impact Declaratory shall be constituted by the legal technical reference for the periodic rating of the performance and execution of such works, projects or activities.
Article 27. The National Secretariat of the Environment determine, by express regulation, those types of works or activities, public or private, that require in all cases the corresponding Environmental Impact Assessment Study.
Article 28. The National Secretariat and Department of the Environment, in coordination with the (a) the corresponding sectoral bodies are responsible for the control, monitoring and audit of the Environmental Impacts, protection and mitigation plans, derived from the respective studies and declarations.
The procedural rules for the presentation, categorization, evaluation, approval or rejection, control, monitoring and audit of the Environmental Impact Assessment Studies will be established in the corresponding regulations.
CHAPTER V OF ENVIRONMENT ISSUES
IN THE INTERNATIONAL CONTEXTL
Article 29. The State shall promote international treaties and actions for the preservation, conservation and control of fauna and flora, protected areas, basins and/or ecosystems shared with one or more countries.
Article 30. The State shall regulate and control the production, introduction and marketing of pharmaceutical, agrotoxic and other dangerous and/or harmful substances for health and/or the environment. Products and substances established by the relevant national and international bodies, as well as those prohibited in the manufacture or home countries, are recognised as such.
Article 31. The introduction, deposit and transit through national territory of toxic, dangerous, radioactive, or other internal and/or external sources of waste which, by its characteristics, constitute a danger to the (a) the health of the population and the environment.
Illicit traffic in hazardous waste will be sanctioned in accordance with the penalties established by law. TITLE IV
OF NATURAL RESOURCES IN GENERAL CHAPTER I
OF RENEWABLE NATURAL RESOURCES
Article 32. It is the duty of the State and society to preserve, preserve, restore and promote the use of renewable natural resources, understood for the purposes of this Law, as biotic resources, flora and fauna, and the abiotic as water, air and soil with its own dynamic that allows them to renew themselves in time.
Article 33. The right of use of individuals to renewable natural resources is guaranteed, provided that the activity that is established on them is not detrimental to the collective interest and ensures its sustainable use and in accordance with Article 34 of this Law.
Article 34. The special laws that are issued for each natural resource, they shall lay down the rules governing the different conditions and priorities for acquiring the right to use renewable natural resources in the public domain, in accordance with their own characteristics, regional potentials and social, economic and cultural aspects.
Article 35. The departments or regions where natural resources are used must be directly or indirectly involved in the benefits of the conservation and/or use thereof, as established by law, benefits to be used to promote the sustainable development of the departments or regions where they are located.
CHAPTER II OF THE WATER RESOURCE
Article 36. The waters in all their states are of state origin and constitute a basic natural resource for all vital processes. Its use has a relationship and impact on all sectors related to development, so its protection and conservation is a fundamental task of the State and society.
Article 37. protection and conservation of waters in all their states and the integral management and control of the basins where they are born or are located.
Article 38. The State will promote the planning, use and full use of the waters, for the benefit of the national community, with the purpose of ensuring their permanent availability, prioritizing actions to guarantee water of consumption for the entire population.
Article 39. The State shall regulate and control the discharge of any liquid, solid or gaseous substance or residue that causes or may cause water contamination or degradation of its environment.
relevant bodies shall regulate the integral use, rational use, protection and conservation of waters.
CHAPTER III OF AIR AND ATMOSPHERE
Article 40. It is the duty of the State and society to maintain the atmosphere in such conditions as to enable life and its development in an optimal and healthy way.
Article 41. The State through the agencies (a) shall be standard and monitor the discharge into the atmosphere of any substance in the form of gases, vapours, fumes and powders which may cause damage to health, the environment, inconvenience to the community or its inhabitants and harmful effects to the public or private property.
It is established as premeditated damage, smoking tobacco in school premises and health, because it is these enclosures where minors and people with low resistance to air pollution are most exposed.
Smoking is prohibited in closed public places and in mass mobilization and transportation. Closed public premises must have separate special smoking environments.
Article 42. The State, through its competent bodies, shall establish, regulate and control noise levels originating from activities. commercial, industrial, domestic, transportation, or other in order to preserve and maintain the health and well-being of the population.
CHAPTER IV OF THE SOIL RESOURCE
Article 43. The use of soils for activities Forestry farming must be carried out by maintaining its productive capacity, management techniques that prevent the loss or degradation of the same, thereby ensuring their conservation and recovery.
People and public or private companies that perform land use activities that alter their capacity
Article 44. The National Secretariat of the Environment, in coordination with the sectoral and departmental agencies, will promote the establishment of the territorial order in order to harmonise the use of physical space and The objectives of sustainable development.
Article 45. It is the duty of the State to regulate and control the conservation and proper management of soils.
The Ministry of Peasant and Agricultural Affairs in coordination with the Secretariat National of the Environment, will establish the relevant regulations governing the use, management and conservation of the soils and their control mechanisms according to the established territorial order.
CHAPTER V OF THE FORESTS AND FOREST LANDS
Article 46. Natural forests and forest lands they are of state origin, their handling and use must be sustainable. The competent authority established by special law, in coordination with its decentralized departmental bodies, will regulate the integral management and sustainable use of forest resources for the purposes of their conservation, production, industrialization and marketing, as well as in coordination with the competent agencies, the preservation of other natural resources that are part of their ecosystem and the environment in general.
Article 47. competent authority established by special law, shall classify forests according to their purpose Considering the aspects of conservation, protection and production, it will also value the forests and their results will serve as a basis for the implementation of management plans and conservation of resources, coordinating with the
related institutions in the sector.
Article 48. Public law entities will encourage research activities through a forest research program, aimed at strengthening afforestation projects, methods of management and industrialization of forest products. For the execution of the same, the necessary resources will be allocated.
Article 49. The forestry industry must be oriented to favor national interests, enhancing the capacity for transformation, marketing and adequate use of forest resources, increasing the value added of the harvested species, diversifying production and ensuring the sustainable use of them.
Article 50. Wood companies must replenishing timber resources extracted from the natural forest through afforestation programmes In addition to compliance with the obligations under management plans. For industrial afforestation programs in places other than the source of the extracted resource, the State will grant the necessary incentive mechanisms.
Article 51. State the implementation of the plans of the public afforestation and agroforestry in the national territory, for the purpose of recovery of wages, protection of basins, production of firewood, charcoal, commercial and industrial use, and other specific activities.
CHAPTER VI OF THE FLORA AND LA WILDLIFE
Article 52. The State and society must ensure the protection, conservation and restoration of wild fauna and flora, both aquatic and terrestrial, considered to be the state's heritage, in particular endemic, restricted, threatened and endangered species.
Article 53. Universities, scientific entities and competent public and private bodies should encourage and implement research and evaluation programmes for wildlife and wildlife in order to know their scientific value, ecological, economic and strategic for the nation.
Article 54. State should promote and support the management of wild fauna and flora, based on technical, scientific and economic information, in order to make sustainable use of the species authorized for use.
Article 55. the State's duty to preserve the biodiversification and integrity of the genetic heritage of wild flora and fauna as well as domesticated native species, as well as to regulate the activities of public and private entities, national or international, dedicated to the research, management and execution of projects in the sector.
Article 56. The State will promote development programs in favor of communities that traditionally take advantage of wildlife resources for subsistence purposes, in order to avoid their predation and reach their use.
Article 57. The competent bodies shall monitor, monitor and apply the procedures and requirements for hunting permits, harvesting and marketing of species of fauna, flora and their products. how to establish vedas.
CHAPTER VII OF HYDROBIOLOGICAL RESOURCES
Article 58. The State through the competent body will encourage the sustainable use of hydrobiological resources
applying appropriate management techniques that prevent the loss or degradation of them.
Article 59. The extraction, capture and cultivation of hydrobiological species that are carried out by fishing or other activities, will be
CHAPTER VIII OF THE PROTECTED AREAS
Article 60. Protected areas constitute natural areas with or without human intervention, declared under State protection through legal provisions, in order to protect and conserve wild flora and fauna, genetic resources, natural ecosystems, river basins and values of scientific, aesthetic, historical, economic and social interest in order to preserve and preserve the natural and cultural heritage of the country.
Article 61. The protected areas are state patrimony and public and social interest, and must be managed according to their categories, zoning and regulations based on management plans, for the purpose of protecting and conserving their natural resources, scientific research, as well as for recreation, education and tourism promotion ecological.
Article 62. The National Secretariat and the Department of the Environment Department are the bodies responsible for regulating and monitoring the integrated management of Protected Areas.
In the administration of protected areas, they will be able to participate in public and private non-profit entities, social, established traditional communities and indigenous peoples.
Article 63. The National Secretariat and the Department of Environment Departments are responsible for the Organization of the National System of Protected Areas.
The National System of Areas protected areas in the national territory, as a set of areas of different categories that are directly related to each other, and through their protection and management contribute to the achievement of the objectives
Article 64. The declaration of Protected Areas is compatible with the existence of traditional communities and indigenous peoples, considering conservation objectives and management plans.
Article 65. The definition of protected area categories as well as the rules for their creation, management and conservation, will be established in the special legislation.
CHAPTER IX OF THE AGRICULTURAL activity
Article 66. Agricultural production must be developed in such a way that it can be achieved production and sustainable use systems, considering the following aspects:
The use of soils for agricultural use must be subject to practical standards that ensure the conservation of agroecosystems.
Farm and Agricultural Affairs will encourage the implementation of soil restoration plans agricultural use in the different regions of the country.
Likewise, livestock activity must be in accordance with technical standards related to land and grassland use.
Natural pastures located in flood heights and areas used for grazing purposes must be
The Ministry of Agricultural and Agricultural Affairs will establish in the corresponding regulations, technical and control standards for backgammon, dismounts, tillage, use of agricultural machinery, use of agrochemicals, rotations, cultivation practices and use of
Article 67. The agricultural research institutions responsible for the generation and transfer of technologies must guide their activities in order to raise the productivity rates in the long term.
CHAPTER X OF NON-RENEWABLE NATURAL RESOURCES
Article 68. Belongs to the state's originating domain all non-renewable natural resources, whatever their origin or form of formation, are located in the subsoil. or soil.
Article 69. For the purposes of this Law, it is understood by non-renewable natural resources, which are substances found in their original state of origin are not renewed and are likely to be depleted quantitatively by the effect of man's action or natural phenomena.
Corresponding to the category of non-renewable natural resources, metallic, and non-metallic minerals, as well as hydrocarbons in their different states.
CHAPTER XI OF THE MINERAL RESOURCES
Article 70. The exploitation of resources Minerals should be developed considering the integral use of the materials raw materials, the treatment of waste materials, the safe disposal of queues, tailings and dismounts, the efficient use of energy and the rational use of deposits.
Article 71. Mining extractive operations, during Once their activity has been completed, they will have to contemplate the recovery of the areas used to reduce and control the erosion to stabilize the land and protect the waters, currents and thermal springs.
Article 72. Mining and Metallurgy, in coordination with the National Secretariat of the Environment, establish the rules, corresponding techniques that will determine the permissible limits for the different actions and effects of mining activities.
CHAPTER XII OF ENERGY RESOURCES
Article 73. Energy resources are essential factors for the sustainable development of the country, and must be used efficiently, under the rules of protection and conservation of the environment.
(i) the production of new and more efficient and more efficient and efficient environmental measures for the prevention and control of pollution, deforestation, erosion and sedimentation as well as protection of flora and wildlife, natural landscape and protected areas.
contingencies to prevent spills of hydrocarbons and other products
contaminants.
Article 74. The Ministry of Energy and Hydrocarbons, in coordination with the National Secretariat of the Environment, will develop the relevant specific rules.
It will also promote research, application and use of energy. Non-polluting alternatives. TITLE V
OF THE POPULATION AND ENVIRONMENT CHAPTER I
OF THE POPULATION AND THE ENVIRONMENT
Article 75. National population policy will consider an appropriate migration policy in the territory, according to the territorial order and the objectives of protection and conservation of the environment and natural resources.
Article 76. Corresponds to the Municipal Governments within the framework of their powers and competences, to promote, formulate and execute plans for urban planning, and to create the necessary mechanisms that allow the access of the population to areas in conditions
Article 77.
Article 77.
The planning of the territorial and spatial expansion of cities, within the regional territorial order, must incorporate the variable environment.Article 78. The State will create the mechanisms and procedures necessary to ensure:
The participation of traditional communities and indigenous peoples in the processes of sustainable development and the rational use of renewable natural resources, considering their social, economic and
rescue, dissemination and utilization of knowledge on the use and management of natural resources with the direct participation of traditional communities and indigenous peoples.
HEALTH AND ENVIRONMENT TITLE VI
HEALTH AND HEALTH CHAPTER I THE ENVIRONMENT
Article 79. The State, through its competent bodies, will implement actions for the prevention, control and evaluation of environmental degradation, directly or indirectly, in the interests of health human, animal and plant life. It will also ensure the restoration of the affected areas.
It is a national priority, the promotion of environmental sanitation actions, guaranteeing basic services and others to the urban and rural population in general.
Article 80. For the purposes of the previous article, the Ministry of Social Welfare and Public Health, the Ministry of Urban Affairs, the Ministry of Agricultural and Agricultural Affairs and the National Secretariat of the Environment, in coordination with the responsible sectors at the departmental and local level, shall lay down rules, procedures and respective regulations.
TITLE VII OF ENVIRONMENTAL EDUCATION
CHAPTER I OF ENVIRONMENTAL EDUCATION
Article 81. The Ministry of Education and Culture, the Universities of Bolivia, the National Secretariat and the Councils Department of the Environment, will define policies and strategies to encourage, plan and develop formal and non-formal environmental education programs, in coordination with public and private institutions that carry out educational activities.
Article 82. The Ministry of Education and Culture will incorporate the theme (i) environmental with an interdisciplinary approach and mandatory character in plans and programmes at all levels, cycles, and modalities of teaching of the educational system, as well as of the Technical Institutes, training, training, and
Article 83.
Article 83.
The autonomous and private universities will guide their study and technical and vocational training programs in the the perspective of contributing to the achievement of sustainable development and the protection of the environment.Article 84. Social media, public or private, should encourage and facilitate actions for education and information on the environment and its conservation, in accordance with regulation to be established by the Power Executive.
TITLE VIII OF SCIENCE AND TECHNOLOGY
CHAPTER I OF SCIENCE AND TECHNOLOGY
Article 85. Corresponds to the State and specialized technical institutions;
Promote and encourage research and scientific and technological development in environmental matters.
Support the rescue, use and improvement of technologies
To control the introduction or generation of technologies that attack the environment.
Encourage the formation of human resources and scientific activity in childhood and youth.
Manage and control the transfer of benefit technology for the country. Article 86. The State will prioritize and implement scientific and technological research actions in the
fields of biotechnology, agroecology, genetic resource conservation, energy use, environmental quality control, and knowledge of the country's ecosystems.
TITLE IX OF PROMOTION AND INCENTIVES
TO THE ENVIRONMENT ACTIVITIES CHAPTER I
THE NATIONAL ENVIRONMENT FUND
Article 87. the National Fund for the Environment (FONAMA) under the Presidency of the European Republic,
as a decentralized management body, with its own legal status and management autonomy, the main objective of which will be the internal or external acquisition of resources directed to the financing of plans, programs, projects, scientific research and conservation activities for the environment and natural resources.
Article 88. The National Fund for the Environment, will have a Directory as a decision-making body chaired by the Secretary National of the Environment, constituted by three representatives of the Executive Branch, three of the Department of the Environment and one designated by the non-profit, non-public Bolivian institutions linked to environmental problems, according to regulations.
Article 89. The priorities for the In addition to the programmes, plans and projects approved and financed by the National Fund for the Environment, they must be framed within national, departmental and local policies, established by the agencies. relevant. The Comptroller General of the Republic shall verify the management of resources of the National Fund for the Environment.
CHAPTER II OF INCENTIVES AND PRODUCTIVE ACTIVITIES
LINKED TO THE ENVIRONMENT Article 90. The State through its competent agencies will establish mechanisms to promote
incentive for all public and/or private activities of industrial, agricultural, mining, forestry and other protection, which incorporate technologies and processes aimed at achieving environmental protection and development
Article 91. Programs, plans and projects for afforestation to be carried out by national, public and/or private bodies, should be the subject of tariff, fiscal or other incentives created by special laws.
TITLE X OF CITIZEN PARTICIPATION
CHAPTER I
Article 92. Every natural or collective person has the right to participate in environmental management, in the terms of this Law, and the duty to intervene actively in the community for the defense and/or conservation of the environment and in case necessary to make use of the rights conferred upon it by this Law.
Article 93. Everyone has the right to be informed, in a timely and sufficiently timely manner, on matters relating to the protection of the environment, as well as to formulate requests and promote initiatives of an individual or collective nature, to the competent authorities that relate to such protection.
Article 94. Requests and initiatives to be promoted to the competent authority shall be made with a copy to the Department of the Environment Department, which shall be resolved after a public hearing within 15 days following their submission. Decisions that are issued may be subject to an appeal with a suspensory character, before the Department of the Department of the Environment and/or National Department of the Environment, without prejudice to other legal entities.
In case of a refusal or not conduct of the hearing referred to in the preceding paragraph, he or the persons concerned shall make known this fact to the Departmental and/or National Department of the Environment, in order for it to follow the action against the Denunciated Authority for violation of the constitutional rights and those mentioned in this Law.
TITLE XI OF THE MEASURES OF SECURITY, OF THE
ADMINISTRATIVE AND ENVIRONMENTAL CRIME VIOLATIONS CHAPTER I
OF INSPECTION AND SURVEILLANCE
Article 95. The National Secretariat of the Environment and/or the departmental Secretariats with the cooperation of the competent authorities shall carry out the surveillance and inspection they deem necessary for the compliance of the This Act and its respective regulations.
For the purposes of this provision authorized personnel shall have access to places or establishments subject to such surveillance and inspection.
Article 96. The authorities to which it is made reference in the previous article, they shall be entitled to require natural persons or collectively, all information leading to the verification of compliance with the rules prescribed by this law and its regulations.
CHAPTER II OF THE ENVIRONMENTAL SECURITY MEASURES
Article 97. The National Secretariat the Environment and/or the departmental secretariats, on the basis of the results of the inspections, will dictate the measures necessary to correct the irregularities found, notifying the person concerned and giving him an appropriate time limit for his regularisation.
Article 98. In case of imminent danger to health public and the environment, the National Secretariat of the Environment and/or the departmental Secretariats will immediately order the security measures approved for the benefit of the common good.
CHAPTER III
ADMINISTRATIVE VIOLATIONS AND THEIR PROCEDURES
Article 99. The violations to the provisions of this Law and the provisions that result from it shall be considered as administrative violations, when they do not constitute a crime.
These violations will be sanctioned by the administrative authority competent and, in accordance with the relevant regulations.
Article 100. Any natural or collective person, as well as public servants, have an obligation to report to the competent authority, the infringement of rules that protect the environment.
Article 101. For the purposes of Article 100º the following procedure must be applied:
Written complaint, the receiving authority on the term of the 24-hour period. indicate the day and time for the inspection, the same one that will be carried out within 72 hours If necessary, apply the term of the distance. The Inspection shall be carried out at the place where the alleged infringement was committed, and the circumstances of the offence must be lifted immediately and the 6-day trial shall begin immediately after the day and time established in the post.
Due to the test term, the corresponding Resolution will be issued within 48 hours, under the responsibility.
The Resolution to be dictated will be based and will determine the corresponding sanction, plus the compensation of the damage caused. The aforementioned Resolution will be technically substantiated and in the event of a violation or existence of damages, the Secretariat of the Environment will request before the competent Judge the imposition of the respective sanctions and compensation of damage. The person who is affected by that Resolution may make use of the appeal in the fatal three-day term from his notification. A resource that will be properly grounded to be solved by the hierarchically superior authority. For the purposes of this procedure, it is indicated as the mandatory legal domicile of the parties, the Secretariat of the authority that knows the offence.
If the procedure is inferred the existence of a crime, the workers will be referred to the Ministry Public for the corresponding criminal prosecution.
CHAPTER IV OF THE CIVIL ACTION
Article 102. Civil action arising from damages committed against the environment may be exercised by any person legally qualified as an appropriate representative of the interests of the community concerned.
The reports prepared by the State agencies on the damage caused shall be considered as a pre-constituted expert test.
The files and judgments shall be determined by the part of the compensation and compensation for the benefit of the affected persons and the nation. The compensation to the State will be paid to the National Fund for the Environment and will preferably be used for the restoration of the environment damaged by the events that gave rise to the action.
CHAPTER V OF THE ENVIRONMENTAL CRIMES
Article 103. Everyone who performs actions that injure, deteriorate, degrade, destroys the environment, or performs acts described in Article 20 °, according to the severity of the fact, commits a violation or fault, which will merit the sanction that sets the law.
Article 104. Comet crime against the environment who Article 206 of the Penal Code, when a person, when burning fields of tillage or grazing, within the limits that the regulation establishes, occasioning fire on the property of others, by negligence or intentionally, will incur in Imprisonment of two to four years.
Article 105. Comet offence against the environment who infringes Article 216 (2) and (7) of the Criminal Code Specifically when a person:
Envenena, pollute or adulteress water intended for public consumption, agricultural and agricultural industrial use, and limits allowed to be established in the respective regulations.
Quebrant animal health rules or spread epizootic diseases and plant pests. It will apply a penalty of imprisonment of one ten years.
Article 106. Comet crime against the environment who violates Art. 223 ° of the Penal Code, when it destroys, deteriorates, subtract or exports goods relevant to the domain public, sources of wealth, monuments or objects of the national archaeological, historical or artistic heritage, incurring deprivation of liberty of one to six years.
Article 107.The one that sheds or throws untreated sewage, chemical or biochemical liquids, objects or wastes of any nature, in the channels of waters, on the banks, aquifers, basins, rivers, lakes, lagoons, ponds
of waters, capable of contaminating or degrading the waters that exceed the limits to be established in the regulations, will be sanctioned with the penalty of imprisonment of one to four years and with the fine of one hundred percent of the damage caused.
Article 108. The one that illegally or arbitrarily interrupts or suspends the service of water supply for the consumption of the populations or those destined for the irrigation, will be sanctioned with deprivation of liberty of up to two years, more thirty days of fine equivalent to the daily basic salary.
Article 109. All that felled forests without authorization, for purposes other than the domestic use of the owner of the land covered by title of property, causing damage and degradation of the environment will be sanctioned with two or four years of deprivation of freedom and fine equivalent to one hundred percent of the value of the felled forest.
If logging occurs in protected areas or in reserve areas, with damage or degradation of the environment, the custodial sentence and the pecuniary penalty will be aggravated in a third.
If logging is done in violation of express rules of production and conservation of the forests, the penalty will be aggravated by one hundred percent, both the deprivation of liberty and the pecuniary.
Article 110. All that with or without authorization cace, pesque, or capture, using means prohibited as explosives, substances Poisonous and prohibited by special rules, causing damage, degradation of the environment or threatening the extinction of species, will be sanctioned with the deprivation of liberty of one to three years and fine equivalent to one hundred percent of the value of the fish, caught or hunted animals.
If such hunting, fishing or trapping is carried out in areas Protected areas or areas of reserve or closed periods causing damage or degradation of the environment, the penalty will be aggravated by a third and a fine equivalent to one hundred percent of the value of the species.
Article 111. promote, capture and/or market the product of the hunting, holding, collection, transport of animal and plant species, or of their derivatives, without authorisation, or which are declared to be closed or reserved, putting at risk of extinction thereof, will suffer from deprivation of liberty of up to two years losing the species, which will be returned to their natural habitat, if advisable, plus the fine equivalent to one hundred percent of the value of these.
Article 112. The one that deposits, pour, or commercializes liquid, solid or gaseous industrial wastes endangering life human and/or being non-assimilated by the environment, or does not comply with health and environmental protection standards, will suffer the penalty of imprisonment for up to two years.
Article 113. deposit, introduction or transport on national territory of hazardous toxic waste, radioactive and other sources of external origin, which, by virtue of their characteristics, constitute a danger to the health of the population and the environment, transfer and introduce polluting technology not accepted in the country of origin as well as illicit trafficking in hazardous waste, will be punished with the penalty of imprisonment of up to ten years.
Article 114. The offences listed in this Law are of public order and will be prosecuted by ordinary justice with subject to the Criminal Code and the Code of Criminal Procedure.
Violations will be processed in accordance with this Law and sanctioned by the competent administrative authority.
Article 115. When the official or public servant is an author, concealer or accomplice of contraventions or
Article 116
Article 116.
Article 116.
Article 116.
Article 116. which fall within the scope of this Law, shall comply with the terms of the same, as of its validity. For the activities established prior to the validity of this Law, they will be granted a period of time for their suitability, by means of a legal provision that will classify these activities and will give an adequate period of time to them. This period shall in no case be higher than five years.
Article 117. The National Secretariat of the Environment shall be responsible for submitting within 180 days its Organic Statute and the Reglamentation of this Law.
The National Environment Fund will, within the same time frame, present its statutes, internal regulations, administrative structure and manual of functions.
Article 118.
All legal provisions contrary to this Law are repealed and repealed.
Pass to the Executive Branch, for constitutional purposes.
It is given in the Session Room of the Honorable National Congress, twenty days from the month of April thousand nine hundred and ninety-two years.
Fdo. Guillermo Fortun Suarez, Gaston Encinas Valverde, Elena Calderon de Zuleta, Oscar Vargas Molina, Arturo Liebers Baldivieso, Ramiro Argandena Valdez.
Therefore, it has been enacted so that it has and will comply with the Law of the Republic.
Government of the city of La Paz, at twenty-seven days of the month of April of a thousand nine hundred and ninety-two years.
FDO. JAIME PAZ ZAMORA, Gustavo Fernández Saavedra, Oswaldo Antezana Vaca Diez.
