Advanced Search

Law No. 13153, Of 30 July 2015

Original Language Title: Lei nº 13.153, de 30 de julho de 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

LEI NO. 13,153, OF July 30, 2015

Institutes the National Policy of Combating Desertification and Mitigation of the Effects of Seca and its instruments; predicts the creation of the National Commission of Combat to Desertification; and gives other arrangements.

THE CHAIRWOMAN OF THE REPUBLIC

I make it known that the National Congress decrees and I sanction the following Law:

Art. 1º This Law institutes the National Policy for Combating Desertification and Mitigation of the Effects of Seca and its instruments; and provides for the establishment of the National Commission to Combat Desertification-CNCD. Art. 2º For the purposes of the provisions of this Act, it is understood by:

I-desertification: the degradation of the land, in arid, semi-arid and dry weathering areas, resulting from various factors and vectors, including climate variations and human activities;

II-desertification factors: original natural conditions that make the environments more fragile susceptible to diverse processes of degradation;

III-vectors of desertification: forces acting on the environment and society, including direct human interference and natural disasters whose occurrence is aggravated by the action anthropic;

IV-desertification processes: sequential, complex, varied and particularized assemblies of competing causal factors and vectors, which lead to environmental degradation and socio-environmental;

V-degradation of land: the reduction or loss, in arid, semi-arid and wet areas, of biodiversity, of biological productivity and of the complexity of agricultural land, due to the land use and occupation systems of the territory;

VI-combating desertification: set of activities of the environmental and socio-environmental recovery with the sustainable use of the natural resources in arid, semi-arid and dry wetland areas with views to balanced development;

VII-areas affected by desertification: all areas affected or vulnerable to the desertification located in arid, semi-arid and dry wetland areas, in which the reason between annual rainfall and annual potential evapotranspiration is between 0.05 (five hundrths) and 0.65 (sixty-five hundrths), considered a historical series of 30 (thirty) years;

VIII-areas susceptible to desertification: territories vulnerable to the process of desertification and its surroundings;

IX-mitigation of the effects of drought: activities related to drought prediction and adaptation addressed to the reduction of environmental and socio-environmental vulnerability;

X- drought: phenomenon that occurs naturally when recorded precipitation is significantly lower than normal values, triggering a serious water imbalance that negatively affects production and consumption systems;

XI-adaptation: initiatives and measures to reduce the vulnerability, current and expected, of natural and human systems in the face of the effects of drought and processes of desertification and land degradation;

XII-arenization: process of degradation resulting from the overexploitation of natural resources, mainly from excessive grazing and mechanized agriculture, in sandy and subject areas of soil to water and wind erosion.

Art. 3º The National Policy for Combating Desertification and Mitigation of Seca Effects has for goals:

I-preventing and combating desertification and recovering the areas in the process of degradation of the land on the entire national territory;

II-prevent, adapt and mitigate the effects of drought on the entire national territory;

III-institute mechanisms for the protection, preservation, conservation and recovery of natural resources;

IV-sustainably integrate sustainably the production and use of water resources, production and the use of the catchment, storage and water-driving infrastructure with the actions of prevention, adaptation and combating desertification and land degradation;

V-stimulate the researches scientific and technological;

VI-promoting mechanisms of fomenting for research and the broadening of knowledge about the process of desertification and the occurrence of droughts in Brazil, as well as about the recovery of degraded areas;

VII-promoting environmental, food, water and energy security in the areas susceptible to desertification;

VIII-promoting the socio-environmental education of social actors involved in the theme of combating desertification;

IX-coordinate and promote inter-institutional actions with the partnership of civil society organisations in the thematic scope;

X-fostering the environmental sustainability of production, including ecoagriculture, forestry and agroforestry systems, with the diversification and the beneficiation of production at the origin;

XI-improving the living conditions of populations affected by desertification processes and the occurrence of droughts;

XII-supporting and nurturing socio-environmentally sustainable development in the areas susceptible to desertification;

XIII-supporting irrigation systems socio-environmentally sustainable in areas that are fit for activity, taking into consideration the processes of salinization, alkalination and soil degradation;

XIV-promoting infrastructure of capturing, storing and water conduction, irrigated agriculture and the practice of efficient use and gathering of water in agricultural and forestry modality in the areas susceptible to desertification.

Art. 4º The National Policy for Combating Desertification and Mitigation of the Effects of Seca should comply with the following principles:

I-integrated and participatory management of the federated and the communities located in areas susceptible to desertification in the process of drafting and deploying the actions to combat desertification and land degradation;

II-democratization of the knowledge about the thematic of combating desertification, in particular as to access to natural resources;

III-incorporation and valorisation of traditional knowledge on manhandling and the sustainable use of natural resources;

IV-articulation and harmonisation with public policies thematically related to the purposes of combating desertification, in particular those dedicated to the eradication of misery, land reform, the promotion of conservation and the sustainable use of natural resources;

V-promotion of synergy and harmonization between the UN Convention of Combating the Desertification and Mitigation of the Effects of Drought, the Convention on Biological Diversity and the United Nations Framework Convention on Climate Change.

Art. 5º Fulfills public power:

I-map and diagnose the state of the processes of desertification and environmental degradation;

II-define plan of contingency for mitigation and adaptation to the effects of droughts, on the entire national territory, and from combating desertification, in the areas susceptible to desertification;

III-establish system integrated early warning information for the occurrence of droughts, loss of plant cover, land degradation and desertification;

IV-stimulate the creation of research centers for the development of technologies to combat desertification and promotion of the essential economic activities of affected regions;

V-promoting conservation and sustainable use of resources natural and the fostering of sustainable good practices adapted to local ecological conditions, such as in ecoagriculture, in the manejo silvipastoril, in the low-carbon agrolivestock, in the sustainable production of vegetable coal and in the extractivist manhandling of non-timber products;

VI-empowering the technicians in rural extension for the promotion of good practices of combating desertification and land degradation, stimulating harmonious coexistence and balanced with aridity, especially in family production systems;

VII-promoting the installation of rainwater capturing and use systems in cisterns and surface dams and underground, as well as from artesian wells where there is environmental viability, among other technologies suitable for domestic supply and promotion of small family and community production, aiming at water and food safety;

VIII-promoting the deployment of systems of botanical parks and gardens, ethnobotanists, forest hordes, educational herbariums and cryopic seed banks, particularly for the conservation of species and traditional varieties of Brazilian agrobiodiversity, adapted to aridity and local soils;

IX-promoting also the deployment of parks and zoological gardens systems and zoobotanicals, as well as from conservation centers and recreation of animals from traditional Brazilian breeds, adapted to the aridity and local soils;

X-stimulate the constitution of agroindustries and artisanal and family benefit units on the basis of ecological sustainability, from regional production and sustainable extractivism, and on local cultural traditions;

XI- deploying technologies of efficient use of water and its assemblage in the mailed production of seedlings for revegetation and reforestation, in urban and rural areas;

XII-do the lifting of the real potential for irrigation in the areas susceptible to desertification, taking into account systemic costs and potential environmental liabilities;

XIII-mapping and diagnosing the areas subject to the salinization and alkalination of soils;

XIV-fostering the recovery of salinized and alkaline soils;

XV-promoting agriculture familiar, on environmentally sustainable bases;

XVI-spreading to the owners, workers and too many residents of the region information regarding the potential risks of ill-planned irrigation in the areas in question;

XVII-seek and stimulate cultural, scientific and technological cooperation within the framework of the United Nations Convention to Combat Desertification and Mitigation of the Effects of Seca.

Art. 6º Are instruments of the National Policy to Combat Desertification and Mitigation of the Effects of Drought, particularly those resulting from the fulfillment of the art. 4º of this Law and:

I-the Brazilian Action Plan of Combating the Desertification and Mitigation of the Effects of the Drought, aligned to the guidelines of the United Nations Convention to Combat Desertification and Mitigation of the Effects of Seca-UNCCD;

II-the State Action Plans of Combating Desertification and Mitigation of the Effects of Seca;

III-o Annual UNCCD Implementation Report in Brazil, containing:

a) the evaluation and monitoring of the Brazilian Action Plan of Combat to Desertification and Mitigation of the Effects of Drought;

b) the state of the affected zones;

c) the state, the quality of life, and the socio-economic conditions of the affected population;

d) the state of the art of the plans, programs, objectives, initiatives, projects, and actions underway in the affected zones;

IV-the plans, programs, objectives, initiatives, projects and actions aimed at the recovery of the degraded areas;

V-the sustainable forest manhandling plans;

VI-the Early Warning System of Seca and Desertification;

VII-the Economic Ecological Zoning-ZEE;

VIII-the creation of conservation units;

IX-the Plans of Prevention and Control of Deforestation.

Art. 7º The Executive Power will be able to set up the National Commission to Combat Desertification-CNCD, collegiate body of the environment ministry's regimental structure, of a deliberative and consultative nature, having the purpose of:

I-deliberating on the implementation of the National Policy of Combating Desertification and Mitigation of the Effects of Seca, in articulation with the other sectoral policies, programs, projects and government activities on the combating desertification and land degradation and mitigating the effects of drought;

II-promoting the articulation of the National Policy of Combating Desertification and Mitigation of the Effects of Drought with the planning in national, regional, state and municipal level;

III-orient, follow up and evaluate the implementation of the commitments made by Brazil with the UN Convention of Combating the Desertification and Mitigation of the Effects of Drought;

IV-deliberation on the propositions advinds of the committees and working groups created within the framework of the CNCD;

V-establish strategies of government actions for combating desertification and land degradation and mitigation of the effects of drought, with views to sustainable development across national territory;

VI-promoting the construction of pacts for combating desertification and land degradation and the mitigation of the effects of drought.

Art. 8º Compete to CNCD:

I-follow up and evaluate the management of combating desertification, recovery of degraded areas, and mitigation of drought effects by integrated approach to aspects physical, biological, socio-economic and cultural;

II-promoting the integration of poverty eradication strategies in the efforts to combat desertification and land and land degradation mitigation of the effects of drought;

III-propose strategic actions for combating desertification and land degradation and mitigation of the effects of drought;

IV-follow up and evaluate the execution of the Brazilian Action Plan of Combating Desertification and Mitigation of the Effects of Seca and proposing arrangements necessary to fulfill its objectives, as well as to submit proposals for their further improvement;

V-analyzing proposed amendments to the relevant legislation to combat desertification, the recovery of degraded areas and the mitigation of the effects of drought, as well as the National Policy for Combating Desertification and Mitigation of the Effects of Drought;

VI-propose measures for compliance by the federal public power of the principles and guidelines for implementation of the National Policy of Combat to Desertification and Mitigation of the Effects of Drought, stimulating decentralization of the execution of the actions and ensuring the participation of the interested sectors;

VII- identify the necessity and propose the creation or modification of the necessary tools to the full implementation of the principles and guidelines of the National Policy of Combating Desertification and Mitigation of the Effects of Drought;

VIII-stimulate inter-institutional and international cooperation for the implementation of the principles and guidelines of the National Policy to Combat Desertification and Mitigation of the Effects of Seca and UNCCD in the Country;

IX-elaborate and approve your internal regiment.

Art. 9º The CNCD will be chaired by the Minister of State for the Environment and will have its composition and functioning set out in its regulation.

Art. 10. The principles, objectives, guidelines and instruments of public policies and government programs should compatibly with the principles, objectives, guidelines, and instruments of the National Policy to Combat Desertification and Mitigation of the Effects of Seca, instituted by this Law.

Art. 11. This Act comes into force on the date of its publication.

Brasilia, July 30, 2015; 194º of Independence and 127º of the Republic.

DILMA ROUSSEFF

Kátia Abreu

Izabella Monica Vieira Teixeira

Gilberto Magalhães Occhi

Patrus Ananias