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Decree No. 5746, 5 April 2006

Original Language Title: Decreto nº 5.746, de 5 de Abril de 2006

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DECREE NO. 5,746, OF April 5, 2006.

Regulamenta the art. 21 of Law No. 9,985 of July 18, 2000, which provides on the National System of Nature Conservation Units.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives him the art. 84, inciso IV, of the Constitution, and with a view to the provisions of the art. 21 of the Law no 9,985, of July 18, 2000,

DECRETA:

Art. 1º The Private Reserve of the Natural Heritage Site-RPPN is private domain conservation unit, with the aim of conserving biological diversity, engraved with perpetuity, through Term of Appointment averaged to the margin of enrollment in the Public Register of Real Estate.

Single paragraph. RPPNs will only be created in the areas of private possession and domain.

Art. 2º RPPNs could be created by the integral bodies of the National System of Nature Conservation Units-SNUC, being that, in the federal framework, they will be declared instituted upon poring of the Brazilian Institute of the Environment and the Renewable Natural Resources-IBAMA.

Art. 3º The owner interested in having its real estate, wholly or partially, turned into RPPN, shall, in the federal scope, forward application to the IBAMA, requesting the creation of the RPPN, in whole or in part of its immovable, in accordance with the model of Annex I of this Decree, and in the form next:

I-the application concerning the physical person property is expected to contain the signature of the owner, and of the spouse or co-living, if any;

II-o application relating to property of legal person shall be signed by its members or representatives with power of disposition of real estate, as per its constitutive act and later amendments; and

III-when it comes to condo, all condomers should sign the application or indicate a legal representative, upon presentation of proxy.

§ 1º The application must be accompanied by the following documents:

I-certified copy of the ballots of identity of the owners; of the spouse or co-living; of the prosecutor, if it is the case, and of the members or representatives, when legal person;

II-certified copy of the constitutive acts and their alterations, in the case of application concerning the legal person area;

III-certificate from the organ of the Companies Registry or of Legal People, indicating the date of the latter changes in their constitutive acts, in the case of application concerning the area of legal person;

IV-negative certificate of debits expedited by the competent tax administration body for raising the property tax-related tributes;

V-certificate of Rural Real Estate Cadastro-CCIR;

VI-three lanes of the Term of Appointment, in the form of Annex II of this Decree, signed by whom to firm the application for the creation of the RPPN;

VII-title domain of the immovable in which if will constitute the RPPN;

VIII-certificate of matriculation and registration of the immovable in which if will constitute the RPPN, indicating the valid and uninterrupted dominial chain, trintentional or since its origin;

IX-plant of the total area of the immovable indicating the limits; the confrontations; the area to be recognized, when partial; the location of the property in the municipality or region, and the coordinates of the vertices definers of the boundaries of rural real estate and the proposed area as RPPN, georreferenced according to the Brazilian Geodetic System, indicating the cartographic base used and signed by skilled professional, with the proper Annotation of Technical Responsibility-ART; and

X-descriptive memorial of the limits of the immovable and the proposed area as RPPN, when partial, georreferenced, indicating the cartographic basis used and the coordinates of the defining vertices of the limits, signed by professional habilitated, with due ART.

§ 2º The description of the limits of the immovable, contained in the comprobatory matriculation of the tuition immovable and in its respective record, it should indicate, when possible, the coordinates of the mooring point and of the defining vertices of the boundaries of the Georgian rural real estate, as per specifications of the Brazilian Geodetic System.

Art. 4º The proposals for creation of RPPN in the damping zone of other units of conservation and in the areas identified as priority for conservation will have preference for analysis.

Art. 5º The creation of the RPPN will depend, within the federal framework, on the evaluation by the IBAMA, which should:

I-check the legitimacy and the legal and technical suitability of the application, in front of the documentation presented;

II-carry out real estate survey, according to the criteria set out in Annex III of this Decree;

III-divulge in the Official Journal of the Union the intention to create the RPPN; make available on the internet, by the time of twenty days, information on the proposed RPPN, and make other arrangements fully fit, in accordance with § 1st Art. 5th of the Decree no 4,340, of August 22, 2002, to bring the proposal to public knowledge;

IV-evaluate, after the disclosure deadline, the results and implications of the creation of the unit, and issue conclusive technical advice that will, inclusive, evaluate the proposals of the public;

V-approve or dismiss the application, or, still, suggest changes and suitability for the proposal;

VI-notify the owner, in the event of a positive opinion, to proceed to the signing of the Term of Appointment, and averting this one together to the tuition of the affected real estate, in the Competent Real Estate Registry, within sixty days counted from the receipt of the notification; and

VII-publish the porterie referred to in the art. 2nd of this Decree, after the averaging of the Term of Appointment by the owner, evidenced by certificate from the Estate Registration Office.

Paragraph single. After averaging, the RPPN can only be extinguished or have its limits receded in the form predicted in the art. 22 of the Law no 9,985, of July 18, 2000.

Art. 6º In the process of creation of RPPN, in the federal framework, will not be charged to the interested fees or any type of exaction regarding the costs of the specific activities of IBAMA.

Art. 7º For the purposes of enrolment composition, the communication of the creation of RPPNs by the remaining federated to IBAMA will make available, among the elements anticipated in the 1st of the art. 50 of Law No. 9,985, of 2000, the Term of Appointment and the location plant, if possible georrefereed.

Art. 8º The area created as RPPN will be excluded from the taxable area of the immovable for purposes of calculating the Rural Territorial Property-ITR, according with the norm of the art. 10, § 1st, inciso II, of the Law no 9,393, of December 19, 1996.

Art. 9º The defulfillment of the legal norms, constants of this Decree and of the Term of Appointment, referring to the RPPN, will subject the owner to the sanctions of the law since the signing of the said Term.

Single paragraph. From the averaging of the Term of Appointment in the Estate Registration Office, no one else will be able to claim the unawareness of the RPPN.

Art. 10. RPPN could be created on mortgaged property, provided that the owner presents annuence of the creditor institution.

Art. 11. The RPPN could be created covering up to thirty percent of areas for environmental recovery, with the maximum limit of one thousand hectares, at the discretion of the competent environmental body, observed the technical survey opinion.

§ 1º The eventual use of preexisting exotic species, when of the RPPN breeding act, is expected to be linked to specific recovery projects predicted and approved in the manhandling plan.

§ 2º The reclamation projects will only be able to use native species of the ecosystems where RPPN is inserted.

Art. 12. It will not be created RPPN in area already granted for a mining wash, or where already inciting public utility decree or social interest incompatible with its goals.

Art. 13. RPPN could be created within the limits of Environmental Protection Area-APA, with no need for redefinition of the APA boundaries.

Art. 14. RPPN can only be used for the development of scientific research and visitation with planned tourist, recreational and educational objectives in the Term of Appointment and in its manhandling plan.

Art. 15. The RPPN's manhandling plan should, in the federal scope, be approved by the IBAMA.

Single paragraph. Until the manhandling plan is approved, the activities and works carried out in the RPPN should be limited to those aimed at ensuring their protection and scientific research.

Art. 16. It is not allowed in the RPPN any economic exploitation that is not foreseen in law, in the Term of Appointment and in the manhandling plan.

Art. 17. It will only be admitted to the RPPN dwelling of the owner and employees directly linked to the management of the conservation unit, as it dispens its manhandling plan.

Paragraph single. Existing housing and structures prior to the creation of the RPPN and accepted in your perimeter will be able to be maintained until the elaboration of the manhandling plan, which will define its targeting.

Art. 18. The scientific research at RPPN should be stimulated and will depend on prior authorization from the owner.

§ 1º The realization of scientific research independs on the existence of manhandling plan.

§ 2º The manhandling plan should indicate the research priorities and, if it involves collection, the researchers should adopt the procedures required in the legislation pertinent.

Art. 19. The reintroduction of wild species into RPPN will only be allowed upon specific technical studies and projects, approved by the competent environmental body, which prove their suitability, need and feasibility.

Art. 20. The release of wild animals in RPPN will be allowed upon authorization of the competent environmental organ and technical assessment that proves, at the very least, the physical integrity and sanity of animals and their natural occurrence in ecosystems where is entered into RPPN.

§ 1º Identified some solist-related imbalance described in the caput of this article, permission will be suspended and resume only after specific evaluation.

§ 2º The competent environmental body will organize and maintain enrollment of the RPPNs interested in release of wild animals, guiding the owners and technicians of RPPN about the procedures and criteria to be adopted.

Art. 21. It is vetted the installation of any cryadgold in RPPN, inclusive of domestic species.

Single paragraph. They are excepted from the ban in the caput of this article the scientific creators linked to plans for recovery of locally threatened wildlife populations, or from repopulation programs of areas by declining species in the region, in accordance with prior technical studies approved by the competent environmental body.

Art. 22. Installation of native species seedlings of the ecosystems where it is inserted to RPPN will be allowed, when linked to altered area recovery projects within the conservation unit.

Paragraph single. It will be allowed the collection of seeds and other seedlings within the RPPN exclusively for the targeted activity in the caput of this article.

Art. 23. In the exercise of the survey, surveillance, monitoring and guidance activities, the competent environmental bodies, directly or by formally constituted preposites, will have free access to RPPN.

Art. 24. It will fit the real estate owner:

I-ensure the maintenance of the attributes environmental of the RPPN and signal its limits, warning third parties as to ban on dismaying, burning, hunting, fishing, catching, capturing animals and any other acts that affect or may affect the integrity of the unit of conservation;

II-submit, in the federal framework, to the approval of the IBAMA the plan of manhandling of the conservation unit, in line with the envisaged in the art. 15 of this Decree; and

III-forwarding, in the federal scope, annually to IBAMA, and whenever requested, report of the situation of the RPPN and the developed activities.

Art. 25. It will be, within the federal framework, to IBAMA:

I-define criteria for elaboration of manhandling plan for RPPN;

II-approve the manhandling plan of the unit of conservation;

III-keep enrollment updated on the RPPNs, as predicted in the art. 50 of the Act in the 9,985, from 2000;

IV-visting the RPPNs periodically and whenever required;

V-support the owner in the surveillance, protection and repression of environmental crimes; and

VI-render to the owner, whenever possible and timely, technical guidance for elaboration of the manhandling plan.

Single paragraph. The IBAMA, in the federal scope, will be able to accredit third parties for the purpose of veriing whether the area is being managed in accordance with the goals set for the conservation unit and its manhandling plan.

Art. 26. The legal representative of the RPPN will be notified or authenticated by the IBAMA, in the federal scope, with respect to damages or irregularities practiced in RPPN.

Paragraph single. Noted some practice that is at odds with the prevailing norms and legislation, the offender will be subject to the administrative penalties provided for in regulation, without prejudice to civil or criminal liability.

Art. 27. The projects regarding the deployment and management of RPPN will have priority analysis for grant of resources coming from the National Environment Fund-FNMA and other official programs.

Art. 28. The rural credit programs regulated by the federal administration will prioritize projects that benefit property that contains RPPN on its perimeter, of a size exceeding fifty percent of the legal reserve area required by law for the region where it locates, with RPPN manhandling plan approved.

Art. 29. In the case of undertaking with significant environmental impact that directly affects the already created RPPN, the environmental licensing is conditional on the prior consultation of the environmental body that created it, and the RPPN being one of the beneficiaries of the environmental compensation, as defined in the art. 36 of the Act in the 9,985, of 2000, and in the art. 33 of the Decree no 4,340, from 2002.

§ 1º It is vetted the targeting of resources of the environmental compensation for RPPN created after the start of the undertaking's licensing process.

§ 2º The resources from environmental compensation should be employed in the preservation of the environmental resources of the RPPN.

Art. 30. In the case of the RPPN being inserted in mosaic of conservation units, its legal representative has the right to integrate the mosaic board, as provided for in the art. 9th of the Decree in the 4,340, from 2002.

Art. 31. The owner of RPPN is provided the use of the IBAMA logo on the indicative boards and the disclosure and information material on the conservation unit, as well as of the remaining SNUC integral organs, if authorized.

Art. 32. The Decree no 1,922 of June 5, 1996 will regulate only the RPPNs constituted until the duration of this Decree, except in the cases of reformulation or approval of new manhandling plan.

Art. 33. This Decree comes into effect on the date of its publication.

Brasilia, April 5, 2006; 185º of Independence and 118º of the Republic.

LUIZ INACIO LULA DA SILVA

Marina Silva

MINISTRY OF THE ENVIRONMENT

BRAZILIAN INSTITUTE OF THE ENVIRONMENT AND RENEWABLE NATURAL RESOURCES -IBAMA

ANNEX I

REQUIREMENT FOR CREATION OF PARTICULAR RESERVE OF NATURAL HERITAGE

_____________, ______ de _________________ of ______

______________________________________________, RG______________________, CPF _____________________, resident ____________________________________________________________________________________, city _______________, UF _______, CEP _______________e Phone _______________________ come to request that in the real estate named ___________________________ _____________________________________ with the area of _________ (hectares) registered in the Estate Register of the Comarch of ____________________________________________________________________________________________________________________________________________________________________________________________________________________, located in the Municipality __________________________ UF _______, be created the Private Heritage Reserve, known as the RPPN named ____________________________________________________________, with the area of _____________ (hectares).

AFirm be aware of and in accordance with the permitted restrictions and uses in the area to be constituted as RPPN, as also the perpetuity character of the reserve.

_____________________________________________________________________________________________________

Owner (s) or Legal Representative

Received on the day ______ from _________________ of _______

___________________________

IBAMA Representative

AMIENTE MIDDLE MINISTRY

BRAZILIAN INSTITUTE OF THE ENVIRONMENT AND RENEWABLE NATURAL RESOURCES-IBAMA

ANNEX II

APPOINTMENT TERM

_________________, ______ de _____________________ of _______

______________________________________________, CPF/CNPJ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ________________________, city _______________, UF _______, CEP ________________ and Phone _______________________, owner of the real estate named ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ registered in the Estate Registry of the Comarch of ____________________________________________________________________________________________, located in the municipality __________________________ UF _______, undertakes to comply with the provisions of the Act No 9,985 of July 18, 2000, in the Decree No 4,440 of August 22, 2002, and in the Decree in ________, of _____ __________ of ______ and in the remaining legal and regulatory norms applicable to matter, assuming responsibility cableable by the environmental integrity of the Private Heritage Reserve, known as RPPN named _____________________________________, with the area de_________________ (hectares), entered under the tuition / registration in the _________________________.

The owner should proceed to the averbation of the RPPN's creation act in the Registry of Competent real estate, which will record the real estate as a conservation unit in perpetual character in the terms of the art. 21, § 1st, of the Law no 9,985, of 2000.

The present Term is firmed in the presence of the Manager Executive of IBAMA in the state and from two witnesses for this arched end, who also sign it.

________________________________________________________________________________________

Owner Executive Manager of IBAMA

WITNESSES:

______________________________________________ Name: CPF:

______________________________________________ Name: CPF:

AMIENTE MIDDLE MINISTRY

BRAZILIAN INSTITUTE OF THE ENVIRONMENT AND RENEWABLE NATURAL RESOURCES-IBAMA

ANNEX III

RECOMMENDATIONS FOR NATURAL HERITAGE RESERVE SURVEY SURVEY

1. Characterization of the Proposal

1.1. Name of the proposed RPPN: ______________________________________________

1.2. In the process: ______________________________________________

1.3. Real estate name: ______________________________________________

1.4. Address of the real estate: ______________________________________________

1.5. Municipality: ________________________________ 1.6. State: ________________________

1.7. Real estate telelefone: _________________________ 1.8. CEP: ______________________

2. Characterization of the Owner or Legal Representative (Company) for contact

2.1. Owner's name: ______________________________________________

2.2. CPF: ___________________________ 2.3. RG: _____________________________

2.4. Address: __________________________________________________

2.5. City: _________________ 2.6. State: ________ 2.7. CEP: _________________

2.8. Phone 1: __ __ __ __ __ 2.9. Phone 2: __ __ __ __ __ 2.10. E-mail: ______________

3. Description of the RPPN Proposal

3.1. Area of real estate (hectares): ____________ 3.2. Area of the reserve (hectares): __________

3.3. Confrontations of the estate: North: _______________South: _____________________

Leste______________________________West: ________________________

3.4. Are the limits of the RPPN correctly georreferenced? Yes [] No []

OBS: ______________________________________________________________________________

__________________________________________________________________________

3.5. Does the RPPN area focus on conservation units? Yes [] No [] Next []

Which? Approximate distance? _________________________________________________________

3.6. Is there proposal in progress or studies for creating public conservation units that coincides with the area of the booking in analysis? Yes [] No []

Which? ____________________________________________________________________________________

3.7. Does RPPN focus on some priority polygon of PROBIO? Yes [] No [] Next [] Which? ____________________________________________________________________________________

3.8. Is there any planned or running public endeavor or work that has interface with the proposed RPPN? Yes [] No [] Which? ___________________________________________________

________________________________________________________________________

3.9. The RPPN is inserted in the Permanent Protection Areas-APP and Legal Reserve of the property.

Yes [] No [] What percentage? ________________________________________

4. Environmental Characteristics of RPPN

4.1. Biome: __________________________________________________

4.2. Predominant vegetation: ______________________________________________

4.3. What other vegetational types present: _________________________________

__________________________________________________

4.4. There are aspects of relevant scenic beauty: Yes [] No []

Which? __________________________________________________

4.5. There are water resources within or at the limit of the RPPN: Yes [] No []

Which? __________________________________________________

4.6. There are relevant cultural or historical aspects: Yes [] No []

Which? __________________________________________________

4.7. There are relevant palaeontological / archaeological aspects: Yes [] No []

Which? __________________________________________________

4.8. Are there fauna records? Yes [] No []

Which? __________________________________________________

4.9. There are endangered, rare, endemic or migratory animals; presence of ninhais or areas of reproduction. Yes [] No []

Which? __________________________________________________

4.10. Are there studies on the fauna of the region? Yes [] No []

Which? __________________________________________________

4.11. Are there records / studies on the flora? Yes [] No []

Which? __________________________________________________

4.12. Is there endangered flora, rare, endemic to the region? Yes [] No []

Which? __________________________________________________

4.13. Does the RPPN have any kind of special habitat?

[] lake or natural lagoon [] caves, dolinas [] rocky afloraments [] creeks [] pantanous areas [] veredas or buritizations [] kill caps [] others.

Which? __________________________________________________

4.14. Are there signs of environmental degradation in the RPPN?

[] pisoteio by cattle [] selective cutting of trees [] fire [] artificial clearings [] roads [] plants and invasive animals [] caça/trapping of animals [] deforestation [] erosion [] mining [] assortment of watercourses [] others.

Which? __________________________________________________

4.15. Has any research been carried out in the proposed RPPN? Yes [] No []

Which? __________________________________________________

5. Social characteristics of RPPN/Real Estate

5.1. What activities are developed in real estate (including economic or sustainable activities)?

__________________________________________________

__________________________________________________

5.2. Are there any possible polluting activities? Yes [] No []

Which? __________________________________________________

5.3. Are there antropic pressures in the RPPN? Yes [] No []

Which? __________________________________________________

5.4. There are residents in the area of the RPPN Yes [] No []

How many? __________________________________________________

5.5. Are there residents in the real estate? Yes [] No []

How many? __________________________________________________

5.6. Is there any project being developed at RPPN? Yes [] No []

Which? __________________________________________________

5.7. Is there any project being developed in the real estate? Yes [] No []

Which? __________________________________________________

5.8-Is there any participation / support of associations, NGOs's, Government? Yes [] No []

Which? __________________________________________________

5.9-Is there any infrastructure in the RPPN? Yes [] No []

Which? __________________________________________________

5.10. Is there any infrastructure in the real estate? Yes [] No []

Qual?______________________________________________

6. Conclusion of the Vistoria

Is it favourable for the creation of the RPPN? Yes [] No []

Justificative: ______________________________________________

__________________________________________________

__________________________________________________

__________________________________________________

I ______________________________________________________, technician responsible for the survey, hold me responsible for the veracity of the information described.

Signature and crimp of the technician

responsible for the survey

_________________________________________

Location and date

_______________________________________