Modifies Law No. 18,450, On Promotion Of Private Investment In Irrigation Works And Drainage

Original Language Title: MODIFICA LEY N° 18.450, SOBRE FOMENTO DE LA INVERSION PRIVADA EN OBRAS DE RIEGO Y DRENAJE

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"Article 1.-amending Law No. 18,450, approving rules for the promotion of private investment in works of irrigation and drainage, as follows: 1. replace article 1, by the following:"article 1.-the State, for fourteen years since the entry into force of this Act, issue 75%, the cost of studies, construction and rehabilitation of irrigation or drainage works " , and investments in equipment and elements of mechanical irrigation provided that run to increase the irrigation area, improve the water supply in spate in overdrawn form, improve the efficiency of the application of irrigation water or enable agricultural soils, poor drainage and, in general, all work of commissioning irrigation, empowerment and connection, whose projects are selected and approved in the form established in this law.
Also, costs involving the Organization of communities of water and drainage works referred to subsection first article 2 ° is bonificarán.
Exceptionally, in cases described by the national irrigation Commission, may reward are as annexed to the irrigation projects properly such, works aimed to solve problems of water in the livestock sector and other rural properties or systems development-related of irrigation that they will approach to the benefits of this law.
The sum of the cost of the works and the amount of the investments referred to in the preceding subparagraphs may not exceed 12,000 units of development, except in the case where the applicants are organizations of users defined in the code of waters or waters and drainage works communities that have initiated its process of Constitution , who may submit projects of a value of up to 24,000 units of development, that benefit altogether to its partners, community members or members. "."
2. replace article 2 °, by the following: ' article 2.-may benefit from the bonus established by this law, individually or in collectively, proprietary, usufructuarias natural or legal persons, registered holders or mere holding in the process of regularization of titles of agricultural lands, works and investments running in direct benefit of the respective properties. " User organizations provided for in the code of waters, including not organized communities that have initiated its process of Constitution, reducing public deed the Act that has been appointed common representative, works and investments running irrigation or drainage systems under their jurisdiction should also be eligible. The no organized communities benefiting from a common work bonus, must be constituted as organisations of users in accordance with the law.
Excepted from the provisions of the preceding paragraph, the entities in which the State has contributions or participation, except in the case of that part of an organization of users or a non-organized community. "."
3. replace article 3 °, by the following: 'article 3.-the national irrigation Commission shall assign to the National Institute for agricultural development, with respect to nominations accepted, resources for owners, up to the amount of the approved bonus, the costs of study projects, construction and rehabilitation of irrigation or drainage works, presented by small agricultural producers , organisations of users and not organized communities.
Be understood by small agricultural producers to the organic law of the National Institute of agricultural development set as such.
Shall be eligible for the established in subsection prefinanciamiento first, projects which refer to the construction of new works of irrigation or drainage presented by small agricultural producers or users organizations and communities of waters or drainage works not organized, provided that the new availability of water that generate or drained surface, depending on the case, corresponding at least 75% to small producers that integrate them.
Also, have the right to equal benefit projects submitted by small agricultural producers or organisations of users and communities of waters or drainage works not organized, at least 66% of its components integrated by such producers, in the case of projects which refer to the rehabilitation of irrigation or drainage works.
It will not be subject to the bonus established in this law, the expenditure on the acquisition of machinery and equipment necessary to construct, install or repair works of irrigation or drainage, or equipment and implements to manufacture, install or repair elements of mechanical irrigation.
In addition, shall not be bonus usual costs of operation and maintenance of works, or equipment and items referred to in the preceding paragraph, existing to build or acquire through the application of this law. "."
4.-Introducense the following amendments to article 4: to) replace your first paragraph by the following: "article 4.-the National Commission of irrigation will be called at least quarterly public contests which can apply with their projects the potential beneficiaries referred to in article 2 °. The projects must be signed by persons previously qualified and entered in the register of consultants of the General direction of public works. In no event will be financed from the funds referred to in this law, projects that have not participated in such competitions. "."
(b) Insert, then of the first paragraph, the following new second subsection: "Notwithstanding the foregoing, any potential beneficiary will begin the construction of an irrigation project without find it registered in the national irrigation Commission, if the conditions weather, terrain, agricultural or other so do so necessary, and can later apply for any contest to call the Commission" sufficing to do this to prove that the works were performed in the last year and who are not governed by this law benefits. "."
(c) Insert, then of the new, second subsection which is added by the previous letter, following third, new subparagraph: "the Commission will call separate contests to reward projects of irrigation or drainage of small agricultural producers, organizations and communities referred to in article 3. In addition, it will call separately contests intended to benefit regions or areas mechanical projects, projects of uptake of groundwater and others that the Commission determines, in qualified circumstances. The Commission will annually call a similar number of competitions for small farmers and producers agricultural entrepreneurs. "."
((d) add in) (d) of the second paragraph, which happens to be fourth, following the word "project", the phrase "per hectare benefit".
5.-Introducense the following amendments to article 5: to) add the number 3) of your first paragraph, after the word "project", the phrase "per hectare benefit".
(b) replace the third subparagraph by the following: "the project which proposes the biggest contribution will be awarded him three hundred points in the qualification of that variable and the lesser, zero point offers that.".
(c) replace the fourth subparagraph by the following: "the project that see the greatest value in the variable surface receive by this concept three hundred points and you get less, zero point.".
(d) replace the fifth subparagraph by the following: "the project's lowest cost per beneficiary is awarded 400 points and of greater, zero point.".
(e) Insert, then of the sixth subparagraph, following seventh new subsection: "the score of the projects referred to in the third and fourth subparagraphs of article 3 ° shall be increased a hundred points.".
6.-Introducense the following amendments to article 6: to) replace the second paragraph by the following: "the Commission may accept or propose amendments to projects once resolved the contest, but in no event will increase the amount of the approved bonus."
If the cost of the projects to decrease as a result of the effected modification, the Commission reduced the bonus approved in equal percentage. "."
(b) replace the third subparagraph, which happens to be fourth, by the following: "the Agency may, by resolution established, declare totally or partially deserted contests that call, without prejudice in the ninth paragraph of the preceding article. The faculty to declare partially desert a contest only be exercised if the projects presented does not satisfy the legal and regulatory provisions. "."
(c) insert in the fourth paragraph, which happens to be fifth, between the word "same" and the conjunction "and" expression "with all the corresponding background".
(d) add the following final paragraph: "Without prejudice as provided in the preceding paragraph, the national irrigation Commission will inform and publicize, by any means it deems appropriate and with its own resources, about the benefits of this law, in order to facilitate the timely application of projects.".
7 article 11, replace by the following: ' article 11.-the bonus referred to in this law shall be compatible with those laid down in other legal texts, but the sum of bonuses that apply for a work and certain investment may not exceed 95% of the cost of the same. ".
8 be added in article 12, the following second paragraph:
"In case of change of use of agricultural or forestry land benefited by this law to other purposes, the owner must restore the perceived, deducing, proportional bonus, the effective time of forestation works, about the total period referred to in article 14 of this body of law, restitution which shall be carried out under the conditions determined by the regulations.".
9.-Introducense the following amendments to article 13: to) add the following new third subsection: "Shall be competent to apply the penalties referred to in paragraphs in first and second, the judge of letters that corresponds according to the General rules.".
(b) added, following the third paragraph that referred to earlier, following final paragraph: "without prejudice to the provisions in the preceding subparagraphs, the professional responsible for the project that is submitted to competition, which commits the infringements referred to in subparagraphs first and second, with respect to the technical backgrounds and costs of the project , will be punished by the national irrigation Commission, administratively, with the non-admission in future contests of projects prepared by the offender. This sanction can be appealed to the General Comptroller of the Republic. "."
10 replace subparagraph first of article 14 with the following: ' article 14.-that without the authorization of the national irrigation Commission withdraws from the property or enajenare property acquired with the bonus before the end of the period of 10 years, counted from the date of reception of the work, shall be punished with a fine, to benefit tax, equivalent to three units of building which has been perceived by the concept of bonus. " In any case, so the national irrigation Commission granted the aforementioned authorization, the goods in question must have been occupied and properly used in the objective of the project. "."
11 article 16, replaced by the following: ' article 16.-this law governs from the 1 ° of January 1986. ".
12 be added as new article 17, the following: "article 17.-the regulations of this law will be fixed by Supreme Decree of the Ministry of agriculture, with the signing, in addition, the Governments of economy, development and reconstruction, finance, public works and planning and cooperation.".