Decree No. 4297, Of 10 July 2002

Original Language Title: Decreto nº 4.297, de 10 de Julho de 2002

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DECREE NO 4,297, DE July 10, 2002

Regulates the art. 9, inciso II, of Law No. 6,938 of August 31, 1981, establishing criteria for the Ecological Zoning-Economic Zoning of Brazil-ZEE, and gives other provider.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, inciso IV, of the Constitution, and in view of the willing in the arts. 16 and 44 of Law No. 4,771 of September 15, 1965,

D E C R E T A:

Art. 1º The Ecological Economic Zoning of Brazil-ZEE, as an instrument of the National Environment Policy, will obey the minimum criteria set out in this Decree.

CAPITCHAPTER I

OF OBJECTIVES AND PRINCIPLES

Art. 2º The ZEE, instrument of organization of the territory to be compulsorily followed in the deployment of public and private plans, works and activities, sets out measures and environmental protection standards aimed at ensuring the environmental quality, water and soil resources and the conservation of biodiversity, ensuring sustainable development and improvement of living conditions of the population.

Art. 3º The ZEE is intended to organize, in a linked manner, the decisions of public and private actors as to plans, programs, projects and activities that directly or indirectly utilize natural resources, ensuring the full maintenance of the capital and environmental services of ecosystems.

Single Paragraph. ZEE, in the spatial distribution of economic activities, will take into account the ecological importance, limitations and fragilities of ecosystems, establishing sealants, restrictions and alternatives of territory exploration and determining, when is the case, including the relocation of activities incompatible with its general guidelines.

Art. 4º The process of drafting and implementing the ZEE:

I-will seek ecological, economic and social sustainability, with a view to making the economic growth and protection of natural resources compatible, in favor of present and future generations, due to the recognition of value intrinsic to biodiversity and its components ;

II-will count on broad democratic participation, sharing their actions and responsibilities between the different levels of public administration and civil society ; and

III-will cherish multidisciplinary scientific knowledge.

Art. 5º The EEZ will guide you by the National Environment Policy, statued in the arts. 21, inciso IX, 170, inciso VI, 186, inciso II, and 225 of the Constitution, in Law No. 6,938 of August 31, 1981, by applicable legal diplomas, and shall comply with the principles of the socio-environmental function of property, prevention, precaution, polluter-pays, user-payer, informed participation, equestrian access and integration.

CHAPTER II

DA ELABORATION OF ZEE

Art. 6º Compete to the Federal Public Power to elaborate and execute the national or regional EEZ, in particular when it has by object biome considered to be national heritage or that it should not be dealt with in a fragmentary manner.

§ 1º The Federal Public Power may, upon conclusion of appropriate document, draw up and execute the EEZ in articulation and cooperation with the States, met the requirements laid down in this Decree.

§ 2º The ZEE run by federal bodies and Federation states, when focusing regional or local scales, should generate products and information at scale 1:250.000 or larger, according to the availability of information from their area of comprehension.

§ 3º The Federal Public Power is expected to bring together and compatibilize in a single database the information generated at all scales, even those produced by the States, pursuant to § 1º of this article.

Art. 7º The elaboration and implementation of ZEE will observe the technical, institutional and financial

Art. 8º DAmong the technical assumptions, ZEE enforcers are expected to present:

I-detailed reference term ;

II-coordination team composed of skilled technical personnel ;

III-methodological compatibility with the principles and criteria approved by the Coordinator Commission of the Ecological Economic Zoning of the National Territory, instituted by the Decree of December 28, 2001 ;

IV-products generated through the Geographical Information System, compliant with standards approved by the ZEE Coordinator Commission ;

V-entry of data into the Geographical Information System compliant with the norms and standards of the National Cartographic System ;

VI-technical standardization based on the benchmarks of the Brazilian Association of Technical Standards and the National Cartography Commission for production and publishing of maps and technical reports ;

VII-commitment to make available information necessary for the execution of ZEE ; and

VIII-specific project of social mobilization and involvement of interested social groups.

Art. 9º DAmong the institutional assumptions, ZEE enforcers should present:

I-institutional arrangements designed to ensure the insertion of the EEZ into territorial management program, by establishing state coordination commission, with deliberative and participatory character, and technical coordination, with multidisciplinary team ;

II-basis of information shared between the various public administration bodies ;

III-proposal for dissemination of the database and the results of the EEZ ; and

IV-Periodic forwarding commitment of the results and products generated to the ZEE Coordinator Commission.

Art. 10. Financial assumptions are governed by the relevant legislation.

CHAPTER III

DO CONTENTS OF ZEE

Art. 11. The EEZ will divide the territory into zones in accordance with the needs for protection, conservation and recovery of natural resources and sustainable development.

Single Paragraph. The institution of zones will be guided by the principles of utility and simplicity, so as to facilitate the implementation of its limits and restrictions by the Public Power, as well as its understanding by citizens.

Art. 12. The definition of each zone will observe, at the very least:

I-diagnosis of natural resources, partner-economics and the legal milestone-institutional;

II-information constant from the Geographical Information System ;

III-tendential and alternative scenarios ; and

IV-General and Specific guidelines, in the terms of art. 14 of this Decree.

Art. 13. The diagnosis referred to in the inciso I of art. 12 should contain, at a minimum:

I-Units of Environmental Systems, defined from the integration between the components of nature ;

II-Natural Potentiality, defined by the environmental services of ecosystems and the natural resources available, including, among others, agricultural fitness, logging potential and the potential of forest products non-loggers, which includes the potential for the exploitation of products derived from biodiversity ;

III-Natural Potential Fragility, defined by indicators of biodiversity loss, natural vulnerability to loss of soil, quantity and quality of surface and underground water resources ;

IV-indication of eco-friendly corridors ;

V-occupation trends and regional articulation, defined in function of land use trends, economic and population flows, the location of infrastructure and circulation of information ;

VI-living conditions of the population, defined by the indicators of living conditions, the health situation, education, the labour market and sanitation ;

VII-legal mismatches, defined by the situation of legally protected areas and the type of occupation they come suffering from ; and

VIII-institutional areas, defined by the mapping of indigenous lands, conservation units, and border areas.

Art. 14. The General and Specific Guidelines should contain, at a minimum:

I-activities suitable for each zone, in accordance with its ecological fragility, environmental support capacity and potentials ;

II-needs for environmental protection and conservation of waters, soil, subsoil, fauna and flora and other renewable and non-renewable natural resources ;

III-definition of areas for conservation units, of integral protection and sustainable use ;

IV-criteria to guide the logging and non-timber activities, agricultural, livestock, fishing and fish farming, urbanization, industrialization, mining and other options for use of environmental resources ;

V-measures aimed at promoting, in an orderly and integrated manner, the ecological and economically sustainable development of the rural sector, with the aim of improving the coexistence between the population and environmental resources, including with the prediction of guidelines for the deployment of infrastructure of fostering economic activities ;

VI-measures of control and adjustment of zoning plans of economic and social activities resulting from the initiative of the municipalities, aiming at compatibilization, in the interests of environmental protection, conflicting uses in spaces contiguous municipal and to integrate broad and unrestricted regional initiatives to cities ; and

VII-plans, programs and projects of the federal, state and municipal governments, as well as their respective sources of resources with a view to enabling the activities pointed out as appropriate to each zone.

CHAPTER IV

OF THE USAGE, STORAGE, CUSTODY AND ADVERTISING OF THE DATA AND INFORMATION

Art. 15. Products resulting from ZEE are to be stored in electronic form, constituting geographical database.

Single Paragraph. The use of ZEE products shall comply with the criteria for the use of the intellectual property of data and information, and shall be made available to the general public, ressaved those of strategic interest to the Country and the indispensable to the security and integrity of the national territory.

Art. 16. The integral institutions of the ZEE-Brazil consortium, created by the Decree of December 28, 2001, will constitute integrated network of data and information, so as to store, update and ensure the shared use of products generated by the ZEE in the different government instances.

Art. 17. The Public Power will disclose together to the society, in accessible language and format, the contents of the ZEE and its implementation, including in the form of illustrations and explanatory texts, respected the provisions of the art single paragraph. 15, in fine.

CHAPTER V

DAS FINAL AND TRANSITIONAL PROVISIONS

Art. 18. The ZEE, in the form of art. 6, caput, of this Decree, is to be analysed and approved by the ZEE Coordinator Commission in accordance with the Decree of December 28, 2001.

Single Paragraph. After the analysis of the technical documents of the EEZ, the ZEE Coordinator Commission will be able to request further information, including in the form of studies, when it believes indispensable.

Art. 19. The change in ZEE products, as well as changes in the limits of zones and indication of new general and specific guidelines, may be undertaken after the minimum term of ten years of completion of the EEZ, or of its last modification, deadline this not required in the hypothesis of extending the rigor of the environmental protection of the zone to be changed, or of updates arising from technical-scientific enhancement.

§ 1º Elapsed within the time limit laid down in the caput of this article, changes may only occur after public consultation and approval by the state commission of the EEZ and the ZEE Coordinator Commission, upon initiative legislative procedure of the Executive Power.

§ 2º For the purposes of this article, only ZEE shall be deemed to have suitably defined and characterized zones and contain General and Specific Guidelines, approved in the form of § 1.

§ 3º The amendment of the EEZ will not be able to reduce the percentage of the legal reserve defined under specific legislation, nor protected areas, with conservation units or not.

Art. 20. For the planning and implementation of public policies as well as for licensing, the granting of official credit or tax benefits, or for technical assistance of any nature, public or private institutions will observe the criteria, standards and obligations set forth in the EEZ, when there exists, without prejudice to those provided for in environmental law.

Art. 21. State ZEE that will cover the entire territory of the State, completed earlier than the term of this Decree, will be appropriate to federal environmental legislation by means of an instrument of its own between the Union and each of the States concerned.

§ 1º It will be considered completed the EEZ drawn up prior to the duration of this Decree, on the scale of 1:250.000, provided that it has management map and general guidelines laid down in the respective regulation.

§ 2º The EEZs in elaboration phase will be submitted to the ZEE Coordinator Commission for analysis and, if applicable, suitability to the standards of this Decree.

Art. 22. This Decree shall enter into force on the date of its publication.

Brasilia, July 10, 2002 ; 181º of Independence and 114º of the Republic.

FERNANDO HENRIQUE CARDOSO

Jose Carlos Carvalho