Act 99 Of 1993

Original Language Title: LEY 99 de 1993

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Law 99 of 1993 (December 22)
Official Gazette No. 41146 of December 22, 1993
Whereby the Ministry of Environment is created, the public sector responsible for the management and conservation rearranges the environment and renewable natural resources, the National environmental System, SINA is organized and other provisions. Summary

Term Notes

THE CONGRESS OF COLOMBIA DECREES: TITLE I.

BASIS OF COLOMBIAN ENVIRONMENTAL POLICY
ARTICLE 1o. ENVIRONMENTAL GENERAL PRINCIPLES. Colombian Environmental Policy will continue the following general principles:
1. The process of economic and social development of the country will be guided by the universal principles and sustainable development contained in the Declaration of Rio de Janeiro June 1992 on Environment and Development. Effective Jurisprudence

Editor's Notes


2. The biodiversity of the country, as national interest and humanity heritage must be protected priority and exploited sustainably. Editor's Notes


3. Population policies take into account the right of human beings to a healthy and productive life in harmony with nature. Editor's Notes


4. Moorland, subpáramos, water sources and aquifer recharge areas will receive special protection.
5. In the use of water resources, human consumption will have priority over any other use.
6. The formulation of environmental policies take into account the outcome of the process of scientific research. However, environmental authorities and individuals shall apply the precautionary principle according to which, when there is danger of serious and irreversible damage, lack of full scientific certainty should not be used as a reason for postponing cost-effective measures to prevent degradation enviroment. Effective Jurisprudence


7. The State shall promote the incorporation of environmental costs and the use of economic instruments for the prevention, correction and restoration of environmental degradation and conservation of renewable natural resources. Editor's Notes


8. The landscape for being common heritage must be protected. Editor's Notes


9. Disaster prevention will be the subject of collective interest and measures taken to prevent or mitigate the effects of their occurrence shall be mandatory. Editor's Notes


10. The action for environmental protection and recovery of the country is a joint and coordinated work between the state, the community, non-governmental organizations and the private sector. The State will support and encourage the establishment of non-governmental organizations for environmental protection and they may delegate some of its functions. Editor's Notes


11. Environmental impact studies will be the basic tool for decision making regarding the construction of works and activities that significantly affect the natural or artificial environment. Editor's Notes


12. The environmental management of the country, under the Constitution, be decentralized, democratic, and participatory.
13. For environmental management in the country, an Environmental National System, SINA, whose components and their interrelationships define the mechanisms of action of the state and civil society is established.
14. State environmental institutions will be structured on the basis of criteria integrated management of the environment and its interrelation with the processes of economic, social and physical planning. Editor's Notes


TITLE II.
THE MINISTRY OF ENVIRONMENT AND NATIONAL ENVIRONMENTAL SYSTEM
Article 2.
. CREATION AND OBJECTIVES OF THE MINISTRY OF THE ENVIRONMENT. Create the Ministry of Environment as the lead agency for the management of the environment and renewable natural resources, responsible for promoting a relationship of respect and harmony between man and nature and define the terms of this law, policies and regulations to which the recovery, conservation, protection, planning, management, use and exploitation of renewable natural resources and the environment of the Nation shall be secured to ensure sustainable development.
The Ministry of Environment shall, together with the President of the Republic and ensuring community involvement, national environmental and renewable natural resources policy so that the right of all people are guaranteed to enjoy a healthy environment and natural heritage and sovereignty of the nation is protected. Effective Notes



The Ministry of Environment to coordinate the Environmental National System, SINA, which in this Act is organized to ensure the adoption and implementation of policies and plans, programs and respective projects, in order to ensure compliance with the duties and rights of the State and individuals in relation to the environment and the natural heritage of the nation. Editor's Notes


ARTICLE 3. THE CONCEPT OF SUSTAINABLE DEVELOPMENT. It is sustainable development that would lead to economic growth, raising the quality of life and social welfare without depleting the basis of renewable natural resources on which it is based, or damaging the environment or the right of generations future to use it to satisfy their own needs. Editor's Notes


ARTICLE 4. NATIONAL ENVIRONMENTAL SYSTEM, SINA. SINA National Environmental System is the set of guidelines, rules, activities, resources, programs and institutions that allow the implementation of the general principles contained in this Act environmental It will comprise the following components:.
1) general principles and guidelines contained in the Constitution, this Act and environmental regulations that develop.
2) The current specific regulations that are not repealed by this law and which is developed under the Act.
3) State agencies responsible for environmental policy and action, outlined in the Act .
4) Community and non-governmental organizations concerned with environmental issues.
5) The sources and economic resources management and environmental recovery.
6) public, private or mixed entities engaged in production activities, scientific research and technological development in the environmental field.
The national government shall regulate the organization and operation of the Environmental National System, SINA.
PARÁGRAFO. For all purposes the hierarchy in the National Environmental System, SINA, follow the following descending order: Ministry of Environment, Regional Autonomous Corporations, departments and districts or municipalities. Effective Jurisprudence

Editor's Notes


The 5th ITEM. FUNCTIONS OF THE MINISTRY. The Ministry of the Environment:
1) Formulate national policy regarding the environment and renewable natural resources and establish rules and criteria for environmental management of land use and adjacent seas, to ensure sustainable use of renewable natural resources and the environment; Editor's Notes


2) Regular general conditions for environmental sanitation and the use, management, utilization, conservation, restoration and recovery of natural resources, in order to prevent, suppress, eliminate or mitigate the impact of polluting activities, deleterious or destructive of the environment or natural heritage;
3) Prepare, with the assistance of the National Planning Department, plans, programs and projects on environmental issues, or in connection with renewable natural resources and environmental planning, to be added to the draft National Plan National Development and Research Plan that the government submitted to Congress; Editor's Notes


4) Direct and coordinate the planning process and harmonious implementation of activities in environmental matters, of the entities of the Environmental National System, SINA;
5) Establish environmental criteria to be incorporated in the formulation of sectoral policies and planning processes of other ministries and institutions, after consultation with these agencies;
6) Develop, in conjunction with the Ministry of Health, the national population policy; promote and coordinate programs with this control population growth and make evaluation and monitoring of national demographic statistics;
7) Develop, in conjunction with the Ministry of the national policy on human settlements and urban expansion, with the Ministry of Agriculture colonization policies and the Ministry of Foreign Trade Economic Development, foreign trade policies affecting resources natural renewable and environment. Editor's Notes



8) Assess the scope and economic effects of environmental factors, joining the market value of goods and services and its impact on the development of the national economy and the external sector; its cost in projects of medium and large infrastructure as well as the economic cost of deterioration and conservation of the environment and renewable and conduct research, analysis and economic and fiscal studies regarding budgetary and financial resources of natural resources environmental management sector and taxes, fees, contributions, fines and incentives rights with related;
9) To adopt, jointly with the Ministry of Education, from January 1995, plans and educational programs and syllabus in the different levels of national education will be advanced in relation to the environment and resources renewable natural, promote with the Ministry outreach programs and non-formal education and regulate the provision of environmental services; Editor's Notes


10) Determine the minimum environmental standards and general regulations on the environment to which they must adhere urban centers and human settlements and mining, industrial, transport activities and generally any service or activity that may generate direct or indirect environmental damage;

11) To issue regulations aimed at controlling and reducing geosféricas, water pollution, landscape, noise and atmospheric, throughout the national territory general;

12) issuing and updating the status of zoning land use right for proper planning and national land use regulations with regard to its environmental aspects and set the general guidelines for the planning and management of watersheds and other special management areas; Editor's Notes


13) Define the implementation of programs and projects that the Nation, or this in partnership with other public entities, should advance to the environmental sanitation or in connection with the management, use, conservation, recovery or protection of resources renewable natural and environment; Editor's Notes


14) Define and regulate the administrative instruments and mechanisms for the prevention and control of environmental degradation factors and determine the evaluation criteria, environmental monitoring and management of economic activities;
15) Evaluate environmental studies and issue, deny or suspend the corresponding environmental license in cases listed in Title VIII of this Act; Editor's Notes


16) and selectively exercise discretion when circumstances warrant, on matters assigned to the Regional Autonomous Corporations, evaluation and preventive, current or subsequent monitoring of the effects of environmental deterioration that may arise in the implementation of activities or development projects, as well as the exploration, exploitation, transportation, processing and use of renewable and non-renewable natural resources and order the suspension of work or activities when it would place; Effective Jurisprudence


17) engage, when necessary for the performance of its functions, the development of research studies and monitoring of ecological and environmental processes and evaluation of environmental impact studies; Effective Jurisprudence


18) Book, alinderar and subtract the areas that make up the National Parks System and national forest reserves, and regulate its use and operation. Editor's Notes

Effective Jurisprudence


19) Managing the areas that make up the National Parks System, ensure the protection of natural heritage and biotic diversity of the nation and the preservation of areas of particular importance ecosystem; Editor's Notes


20) coordinate, promote and guide research activities on the environment and renewable natural resources, establish Environmental Information System, and organize the inventory of biodiversity and national genetic resources; promote research on alternative models of sustainable development; exercise the Technical and Administrative Secretariat of the Council of the National Program of Environmental Science and Habitat;

21) Regular, according to law, the collection, use, management, research, import, export and distribution and trade in species and genetic stocks of wild fauna and flora; regulate the import, export and trade of such genetic material, establish mechanisms and procedures for monitoring and surveillance, arrange to demand payment or recognition of the rights or royalties owed for the Nation by the use of genetic material ; Editor's Notes


22) Participate with the Ministry of Foreign Affairs in the formulation of international environmental policy and define it instruments and procedures of cooperation in the protection of ecosystems in the border areas; promote relations with other countries on environmental issues and multilateral cooperation for the protection of natural resources and represent the national government in the implementation of international treaties and conventions on environment and renewable natural resources; Editor's Notes


23) Take the necessary measures to ensure the protection of species of wild flora and fauna; make forecasts as circumstances require to protect endangered species or in danger of being; and issue certificates referred to in the Convention on International Trade in Endangered Species of Wild Fauna and Flora Endangered Species (CITES) a;
24) Regular conservation, preservation, use and management of the environment and renewable natural resources, marine and coastal areas and coordinate the activities of the agencies responsible for research, protection and management of the marine environment living resources, and the coasts and beaches; Likewise, it is up to regulate the conditions of conservation and management of marshes, swamps, lakes, lagoons, and other inland water ecosystems;
25) Set the maximum permissible limits of emission, discharge; transportation and storage of materials, products, compounds or any other matter that may affect the environment or renewable natural resources; similarly, prohibit, restrict or regulate the manufacture, distribution, use, disposal or dumping of substances causing environmental degradation. The ceilings shall be determined based on technical studies, without prejudice to the precautionary principle;
26) Issue environmental regulations for the distribution and use of chemical or biological substances used in farming;
27) Acquire for the National Parks System or as expressly defined by this law, private property and the property of the entities of public law; advance to the competent authority expropriation of property for reasons of public utility or social interest defined by law, and impose easements that would place; Editor's Notes


28) Keep a register of non-profit entities that are created in order to protect or help protect the environment and renewable natural resources;
29) Set the minimum rate amount of fees for the use and exploitation of renewable natural resources referred to the National Code of Renewable Natural Resources and Environmental Protection Decree Law 2811 of 1974, this law and the rules that modify or add; Editor's Notes


30) Determine the calculation factors which Article 19 of the National Code of Renewable Natural Reursos and Environmental Protection, Decree Law 2811 of 1974 on the basis of which must be fixed amounts and tariff ranges of taxes created by law;
31) To solve the discrepancies between entities within the National Environmental System, which arise in the performance of functions and establish criteria or decisions when conflicts arise between them concerning the application of the rules or policies related to the use, management and use of renewable natural resources or the environment;
32) Establish mechanisms for consultation with the private sector to adjust to the activities of the environmental goals set by the government; define the cases where there leading to the conclusion of agreements for the execution of compliance plans with public or private to adjust technologies and mitigate or eliminate contaminating factors and set rules for the fulfillment of the commitments under these agreements companies. Promote the development of industrial restructuring plans linked to the implementation of environmentally sound technologies and conducting decontamination activities, recycling and reuse of waste;

33) Promote, in coordination with relevant and related entities, performing substitution programs nonrenewable, for the development of generation technologies nonpolluting energy or degrading natural resources;
34) Define, together with tourism authorities, tourism regulations and programs that can develop in reserve areas or special handling; identify areas or protected natural assets that may have tourist use rules to agreements and concessions case be secured and compatible uses those same goods; Editor's Notes


35) Make assessment, monitoring and control of ecological risk factors and that may, affect the occurrence of natural disasters and coordinate with other authorities actions to prevent the emergence or prevent the spread of its effects ; Effective Notes

Editor's Notes


36) approve the statutes of the Autonomous Regional Corporations and reforms that modify or add and exercise proper supervision over them and monitoring; Effective Jurisprudence


37) Manage the National Environmental Fund (FONAM) and the Environmental Fund of the Amazon;
38) Ensure that the study, exploration and foreigners regarding our renewable natural resources or national research respects national sovereignty and the rights of the Colombian nation over their genetic resources;
39) To issue regulations to prevent the manufacture, importation, possession and use of chemical, biological and nuclear weapons, as well as the introduction to the national territory of nuclear and toxic waste or by-products thereof;
40) Set a priority, environmental policies to the Colombian Amazon and Chocó, according to the national interest of preserving these ecosystems.
41) Promote in coordination with the Ministry of Government, the implementation of programs and projects of environmental management for disaster prevention, so as to carry out coordinated activities of the entities of the National Environmental System and the National System for Prevention and Disaster Relief, created by Act 46 of 1988 and regulated by Decree-law 919 of 1989;
42) Set global quotas and determine the species for the exploitation of natural forests and obtaining specimens of wild flora and fauna, taking into account supply and renewability of such resources, based on which the Autonomous Regional corporations grant the permits, licenses and authorizations of use;
43) Establish technical valuation methodologies economic costs of degradation and conservation of the environment and renewable natural resources;
44) Research and leading to the identification of investment priorities for environmental management as a basis to guide public spending in the sector economic studies;
45) Set, in agreement with the Ministry of Agriculture and based on the best scientific evidence and statistical information available, species and volumes that can be exploited fishing in inland waters and adjacent seas, based on which the INPA issue the appropriate use permits.
PARAGRAPH 1. As the activities regulated by the Ministry of Environment may affect human health, this function will be exercised in consultation with the Ministry of Health; and the Ministry of Agriculture, where it can affected animal or plant health;
Paragraph 2. The Ministry of Environment, as far as compatible with the powers conferred by this Act, shall henceforth the other functions in the field of environmental protection and renewable natural resources, had been performing the Institute national Renewable Natural Resources and Environment, INDERENA, the Ministry of Agriculture, Ministry of Health, the Ministry of Mines and Energy and the national Planning Department. The Minister of Environment will replace the Manager INDERENA in the Boards and Boards of Directors that it becomes part under the provisions of the law, regulations or statutes;
PARAGRAPH 3. The policy of forest crops with commercial, native or introduced species shall be determined by the Ministry of Agriculture based on the National Environmental Policy and Renewable Natural Resources established by the Ministry of the Environment;

PARÁGRAFO 4. The Ministry of Environment will coordinate the drafting of the National Forestry Development Plan that is Law 37 of 1989. Similarly, the Ministry of Environment to structure, implement and coordinate the National Forest Service created by Law.
for the purposes of this paragraph, the Government, within six months following the effective date of this Act, shall submit to Congress additions, modifications or updates it deems appropriate to make law 37 of 1989, before starting the implementation of its provisions.
PARAGRAPH 5. All programs and projects that the National Planning Department later on renewable natural resources and the environment, including those relating to forest area, and go ahead in these areas with foreign credit resources, or International Cooperation, will be transferred to the Ministry of Environment and the Autonomous Regional Corporations in accordance with the competencies defined in this Act as of the effective date thereof;
PARAGRAPH 6. When administrative ruling by the Ministry of Environment or other environmental authority the use of non-renewable natural resources is restricted, will be ordered to officiate other authorities making the real estate, mining and similar registration in order to unify The required information. Editor's Notes


ARTICLE 6o. CLAUSE GENERAL COMPETITION. In addition to the other functions assigned by law or regulations, the Ministry of Environment shall, in relation to the environment and renewable natural resources, functions that have not expressly been attributed by law to another authority. Editor's Notes


ARTICLE 7. THE environmental planning. It is understood by environmental land for the purposes provided in this Act, the role assigned to the State to regulate and guide the process of design and planning of land use and renewable natural resources of the nation, to ensure their appropriate exploitation and sustainable development. Editor's Notes


Article 8. PARTICIPATION IN THE CONPES. The Minister of Environment will be a member, with voice and vote, the National Council for Economic and Social Policy (CONPES).

Article 9. ORDER OF PRECEDENCE. The Ministry of Environment by this Act will create in order of precedence to the Ministry of National Education.
TITLE III.
STRUCTURE OF THE MINISTRY OF ENVIRONMENT

ARTICLE 10. ADMINISTRATIVE STRUCTURE OF THE MINISTRY. Effective Notes



Previous legislation
ARTICLE 11. THE BOARD OF CABINET.
PARÁGRAFO 1. Technician Environmental Policy Advisory Council. Create the Technical Advisory Council Environmental Policy and Regulations, attached to the Office of the Minister of the Environment. The Council will be chaired by the Deputy Minister, composed of two representatives from universities, experts in scientific and technological matters and one representative of the unions of industrial, agricultural production, and mining and hydrocarbons, at a rate of one for each sector, chosen accordance with the regulations issued by the National Government. This Council will have an integrated two high-level technical professionals and experienced technical secretariat, which shall be appointed by the Minister of the Environment. The Advisory Council's main function will advise the Minister on the environmental viability of projects of national interest, in the public and private sectors, and the policy and issuing environmental standards. Effective Notes

Effective Jurisprudence



Previous legislation
ARTICLE 12. FUNCTIONS OF THE PREMISES OF THE MINISTRY. The regulations will distribute the functions between the various departments of the ministry, according to their nature and development of the functions conferred by this Act.
TITLE IV.

NATIONAL ENVIRONMENTAL COUNCIL
ARTICLE 13. THE NATIONAL ENVIRONMENTAL COUNCIL. To ensure intersectoral coordination at the public level of policies, plans and programs on the environment and renewable natural resources, believe the National Environmental Council, which shall consist of the following members:
- The Minister of the Environment, who shall preside.
- Minister of Agriculture.
- Minister of Health.
- Minister of Economic Development.
- The Minister of Mines and Energy.
- The Minister of National Education.
- The Minister of Public Works and Transport.
- The Minister of National Defence.
- The Minister of Foreign Trade.

- The Director of the Administrative Department of National Planning.
- The Ombudsman.
- The Comptroller General of the Republic.
- A representative of the Governors.
- A mayor representative of the Colombian Federation of Municipalities.
- President of the National Council of Oceanography.
- A representative of Indigenous communities.
- A representative of the Black communities.
- A representative of the unions of agricultural production.
- A representative of the unions of industrial production.
- The President of ECOPETROL or his delegate.
- A representative of the unions of mining production.
- A representative of the unions of exporters.
- A representative of environmental non-governmental organizations.
- A representative of the University elected by the National Council of Higher Education, CESU.
- A representative of the unions of forestry.
The participation of the Minister of Environment in the National Environmental Council is delegated. The other members Ministers may only delegate their representation to the Deputy Ministers; the Director of the National Planning Department in the Head of the Environmental Policy. The Council shall meet at least once every six months.
The sessions of the National Environmental Council may be invited, with voice but no vote, public officials and other persons that the Board may deem appropriate for the better illustration of the different topics on which it must make decisions and formulate recommendations.
The Council shall establish councils at different territorial entities with similar purposes to which meets at the national level and their integration respecting the criteria established by this Article, so that participation is given to the various sectors of the Government and civil society.
The National Government shall regulate the timing and the way they are elected representatives of local authorities, of unions, of ethnic groups, universities and NGO National Environmental Council. Editor's Notes

Effective Notes


ARTICLE 14. FUNCTIONS OF THE COUNCIL. The National Environmental Council will be responsible for the following functions:
1) Recommend measures to harmonize environmental regulations and decisions implementing projects of economic and social development by the various productive sectors, to ensure sustainability and minimize their impact on the environment;
2) recommend to the National Government policy and coordination mechanisms of the activities of all entities and public and private agencies whose functions affect or may affect the environment and renewable natural resources;
3) To formulate the recommendations it considers appropriate to adapt land use and plans, programs and projects construction or expansion of public infrastructure to an appropriate and sustainable use of the environment and natural heritage of the nation; Editor's Notes


5) Designate intersectoral technical committees involving technical level officials of the entities that apply for advance coordination and monitoring tasks;
6) its own regulations, which must be approved by the Government. Editor's Notes


ARTICLE 15. TECHNICAL SECRETARIAT. The National Environmental Technical Secretariat of the Council shall be exercised by the Deputy Minister of Environment.
The functions of the Technical Secretariat, in addition to those incorporated in the regulations of the National Environmental Council are as follows:
1) Act as Secretary at meetings of the Council and its committees and sign the minutes;
2) Convene meetings of the Council in accordance with regulations and instructions given by its chairman;
3) submit to the Council reports, studies and documents to be examined;
4) the Council assigned. Editor's Notes



V. TITLE OF SCIENTIFIC AND TECHNICAL SUPPORT OF THE MINISTRY

ARTICLE 16. AFFILIATED ENTITIES SCIENTIFIC AND RELATED TO THE MINISTRY OF THE ENVIRONMENT. The Ministry of Environment shall have the following affiliated entities and related scientific:
a) The Institute of Hydrology, Meteorology and Environmental Studies, IDEAM;
B) The Institute of Marine and Coastal Research "José Benito Vives de Andreis" INVEMAR;
C) The Institute of Biological Resources Research "Alexander von Humboldt";
D) The Amazon Institute of Scientific Investigations "Sinchi";
E) The Institute of Pacific Environmental Research "John von Neumann".

PARÁGRAFO. The Ministry of Environment will also have scientific and technical support for environmental research centers and public and private universities and especially the Institute of Natural Sciences of the National University and the University of the Amazon.
ARTICLE 17.
the Institute of Hydrology, Meteorology and Environmental Studies, IDEAM. Create the Institute of Hydrology, Meteorology and Environmental Studies, IDEAM, which will be organized as a public institution of national character under the Ministry of Environment, with administrative autonomy, legal personality and independent assets, in charge of lifting and handling of scientific information and technique on ecosystems that are part of the environmental heritage of the country, and to establish the technical basis for classifying and zoning the use of national territory for the purposes of planning and land management.
The IDEAM must obtain, analyze, study, process and disseminate basic information on hydrology, hydrogeology, meteorology, basic geography on biophysical aspects, geomorphology, soils and vegetation cover for the management and use of biophysical resources of the nation and you will be responsible for the establishment and operation of national meteorological and hydrological infrastructure to provide information, forecasts, warnings and advisory services to the community.
It is for this institute to track, biophysical resources of the nation especially with regard to pollution and degradation, necessary for decision making of environmental authorities;
PARÁGRAFO 1. Trasládense the IDEAM the functions of production, processing and analysis of basic geographic information biophysical aspects has played the Division of Geography Codazzi, IGAC, along with their records, facilities, laboratories and other goods related;
PARÁGRAFO 2. Trasládense the IDEAM the functions in hydrology and meteorology is currently assigned the Colombian Institute of Hydrology, Meteorology and Land, HIMAT, which hereinafter will be called National Institute for Land, INAT . Trasládense to IDEAM all information, files, laboratories, information processing, transportation, infrastructure and hydrological and meteorological equipment, facilities and other items currently available to the HIMAT related to their hydrological and meteorological activities; Effective Notes


PARAGRAPH 3. Trasládense the IDEAM the functions on overall basic research on natural resources is making the INDERENA and specifically the research on forest resources and soil conservation play the Subgerencias Forests and Development;
PARÁGRAFO 4. Trasládense the IDEAM the functions concerning groundwater has assigned the Institute for Research in Geosciences, Mining and Chemical Weber County, notwithstanding the INGEOMINAS activities continue to advance in programs of exploration and evaluation underground resources.
The Weber County shall provide the IDEAM all available information on groundwater, and the information in the National Bank of hydrogeological data.
The basic structure of the IDEAM will be established by the Government;
PARAGRAPH 5. The IGAC provide the IDEAM and the Ministry of Environment which will support all requirements in relation to information by the Institute agrological. Editor's Notes



ARTICLE 18 OF THE INSTITUTE OF RESEARCH AND COASTAL MARINE "JOSE BENITO Live on Andreis" INVEMAR. The Institute of Marine Research in Punta Betín "José Benito Vives de Andreis" INVEMAR, a public establishment attached by Decree 1444 of 1974, the Colombian Fund for Scientific Research and Special Projects Francisco José de Caldas, COLCIENCIAS, is hereinafter referred Marine Research Institute and Coastal "José Benito Vives de Andreis" INVEMAR, whose headquarters is the city of Santa Marta, and establish a headquarters in Covenas, Sucre Department, and another in the city of Buenaventura, on the Pacific Coast. INVEMAR be reorganized as a nonprofit corporation, according to the terms established by Law 29 of 1990 and Decree 393 of 1991, under the Ministry of Environment, with administrative autonomy, legal personality and its own assets. They will join the Institute public and private entities, corporations and nonprofit foundations, private and national and international NGOs as well as the Regional Autonomous Corporations that have jurisdiction over coastal and island areas.
The main INVEMAR will request basic and applied environmental research of renewable natural resources and the environment and coastal and ocean ecosystems adjacent seas to the national territory. The issue INVEMAR technical concepts on the conservation and sustainable use of marine resources, and provide advice and scientific and technical support to the Ministry, local authorities and the Autonomous Regional Corporations.
The Ministry of Environment will promote and create a network of marine research, involving all entities to develop research activities in the Colombian coastal, tending for the rational use of all scientific capacity already available the country in that field.
PARAGRAPH 1. The National appropriated annually in the corresponding chapter of the Ministry of Environment and transfers the resources needed to meet operating expenses and investment INVEMAR;
PARAGRAPH 2. The Government shall determine the contributions of the Autonomous Regional Corporations with jurisdiction over coastal and maritime areas of the country must make to the constitution of INVEMAR as Civil Corporation. Editor's Notes


ARTICLE 19. RESEARCH INSTITUTE OF BIOLOGICAL RESOURCES "Alexander von Humboldt". Create the Institute of Biological Resources Research "Alexander von Humboldt", which is organized as a Civil Corporation nonprofit, public character but subject to the rules of private law, under the Ministry of Environment, with administrative autonomy, legal personality and its own, organized in accordance with Law 29 of 1990 and Decree 393 of 1991, responsible for conducting basic and applied research on the genetic resources of national flora and fauna and to raise and train the scientific inventory biodiversity throughout the national territory.
The Institute of Biological Resources Research "Alexander von Humboldt" will be responsible for scientific research and applied biotic resources and hidrobiológicos on the mainland of the Nation. The Institute should create, in areas not covered by other specialized research entities covered by this Act, research stations of national macroecosistemas and support with technical assistance and technology transfer to the Regional Autonomous Corporations, Departments, Districts , municipalities and other entities responsible for management of the environment and renewable natural resources.
Research Institute forward and that the bank information so obtained will be the basis for lifting and training national inventory of biodiversity.
Trasládense the Institute of Biological Resources Research "Alexander von Humboldt" functions in research on biotic resources he had held INDERENA and information, facilities, archives, laboratories and other items with this related.
PARÁGRAFO. The Nation will appropriate annually in the corresponding chapter of the Ministry of Environment and transfers the resources needed to meet operating expenses and investment of the Institute. Editor's Notes



ARTICLE 20. THE AMAZON INSTITUTE FOR SCIENTIFIC RESEARCH "SINCHI". Transform the Colombian Corporation for Amazonia, Araracuara -COA in the Amazon Institute of Scientific Investigations "Sinchi" which is organized as a Civil Corporation nonprofit, public character but subject to the rules of private law, organized in terms established by Law 29 of 1990 and Decree 393 of 1991, under the Ministry of Environment, with administrative autonomy, legal personality and its own assets. They will join the Amazon Institute of Scientific Investigations "Sinchi" public bodies, corporations and non-profit foundations, national and international non-governmental organizations, universities and research centers interested in investigating the Amazonian environment.
The Institute will aim at the development and dissemination of scientific studies of high-level research related to biological, social and ecological reality of the Amazon region.
Trasládense the Amazon Institute of Scientific Investigations "Sinchi" installations, movable and immovable property and other property rights and obligations of the Corporation Araracuara -COA.
The Institute shall have its headquarters in the city of Leticia and establish a branch in the Department of Vaupés.
The Institute associate with the University of the Amazon in their scientific research.
PARÁGRAFO. The Nation will appropriate annually in the corresponding chapter of the Ministry of Environment and transfers the resources needed to meet operating expenses and investment of the Institute. Editor's Notes


ARTICLE 21. ENVIRONMENTAL RESEARCH INSTITUTE OF PACIFIC "JOHN VON NEUMANN". Create the Institute of Pacific Environmental Research "John von Neumann" which is organized as a Civil Corporation nonprofit, public character but subject to the rules of private law, organized under the terms established by Law 29 of 1990 and Decree 393 of 1991, under the Ministry of Environment, with administrative autonomy, legal personality and its own assets. They may join the Environmental Research Institute of Pacific public bodies, corporations and foundations, non-profit, national and international non-governmental organizations, universities and scientific research centers, interested in environmental research the Pacific coast and Chocó.
The institute will have its headquarters in the city of Quibdo in Choco Department.
The Institute of Pacific Environmental Research "John von Neuman" in his research associate at the Institute of Pacific Studies at the Universidad del Valle.
PARAGRAPH 1. The National appropriated annually in the corresponding chapter of the Ministry of Environment and transfers the resources needed to meet operating expenses and investment of the Institute;
PARAGRAPH 2. From the effective date of this Act, the "John von Neuman" Institute will take over the project Biopacífico today by the INDERENA. Editor's Notes


ARTICLE 22. PROMOTION AND DISSEMINATION OF ENVIRONMENTAL EXPERIENCE TRADITIONAL CULTURES. The Ministry and scientific institutes encourage the development and dissemination of knowledge, values ​​and technologies on environmental management and natural resources of indigenous cultures and other ethnic resources.
TITLE VI.
OF REGIONAL AUTONOMOUS CORPORATIONS

ARTICLE 23. LEGAL STATUS. The Autonomous Regional Corporations are corporate entities of public character, created by law, composed of local authorities which by their nature constitute geographically the same ecosystem or form an own geopolitical, biogeographical or hydro unit, endowed with administrative and financial autonomy, equity and legal status, responsible by law to administer, within the area of ​​its jurisdiction, the environment and renewable natural resources and work for sustainable development in accordance with the laws and policies of the Ministry of environment. Effective Jurisprudence


Excepted the legal regime applicable by this Act to the Regional Autonomous Corporations, the Regional Autonomous Corporation of Rio Grande de la Magdalena, created by Article 331 of the Constitution, whose special regime be established by the law. Editor's Notes



ARTICLE 24. THE BODIES OF MANAGEMENT AND ADMINISTRATION. The Autonomous Regional Corporations have three main bodies and administration: a. The Corporate Assembly; b. The Board of Directors; and c. The general director. Effective Notes

Effective Jurisprudence

Legislation Previous

ARTICLE 25.
CORPORATE ASSEMBLY. It is the main governing body of the Corporation and shall consist of all legal representatives of territorial entities under their jurisdiction.
The members of the Corporate Assembly of Regional Autonomous Corporation will have in its deliberations and decisions a right to proportional to the annual contributions of income or who for any reason or concept have been made to the Corporation voting, territorial entity they represent, within the preceding the date of the corresponding session year. If such contributions exceed 25% of the total received by the Corporation, the voting will be limited to 25% of the rights represented in the Assembly.
The functions of the Corporate Assembly: a. Choosing the Board of dealing paragraphs d, e, Article 26 of this Law; b. Appoint the auditor or internal auditor of the Corporation; c. To examine and approve the management report of the administration; d. And approve the income statements of each annual period; and. Adopt the statutes of the Corporation and reforms to be introduced and subject to approval by the Ministry of Environment; F. Any other set of regulations. Effective Notes

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ARTICLE 26. THE BOARD. It is the board of the Corporation and shall consist of:
a. The governor or governors of the departments on whose territory jurisdiction the Regional Autonomous Corporation or its delegate or delegates. It is up to the governor or his delegate chairing the Board. If they were several governors, the statutes define regarding the chairmanship of the Board;
B. A representative of the President of the Republic;
C. A representative of the Minister of the Environment.
D. Up to four (4) mayors of the municipalities included within the territory of the jurisdiction of the corporation, elected by the Corporate Assembly for periods of one (1) year by the electoral quotient system, so they are represented all departments or regions within the corporation. If the territory of the Corporation would understand a plural number of departments, participation will be defined equally under the regulation to that effect issued by the Government;
E. Two (2) representatives of the private sector;
F. One (1) representative of indigenous communities or ethnic groups traditionally settled in the territory of jurisdiction of the Corporation, elected by themselves;
G. Two (2) representatives of non-profit entities that are domiciled in the area of ​​jurisdiction of the Corporation and whose main purpose is the protection of the environment and renewable natural resources, chosen by themselves.
PARAGRAPH 1. Representatives of the letters f, g, will be chosen according to the regulations on the subject issued by the Ministry of the Environment;
Paragraph 2. In forming the Governing Boards of the Regional Autonomous Corporations, the provisions of Law 70 of 1993.
PARAGRAPH 3. Any decision to impose on spending resources from direct or indirectly taken into account Nation, you must have the favorable vote of the representative of the President of the Republic, pending the completion of the reconstruction and protection has been scheduled and fully addressed the victims of the cold wave. Effective Notes

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ARTICLE 27. FUNCTIONS OF THE BOARD. The functions of the Executive Council of the Autonomous Regional Corporations:
a. Corporate propose to the Assembly the adoption of the statutes and reforms;
B. Determine the staffing of the Corporation;
C. Provide for the participation of the Corporation in the establishment and organization of companies or associations and foundations or joining existing ones;
D. Effective Notes

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E. Having hiring foreign loans;
F. Determine the internal structure of the Corporation for which you can create, delete and merge dependencies and assign responsibilities according to law;
G. Approve the addition or subtraction of areas dealt with in paragraph 16 of Article 31 of this Law;

H. Authorize the delegation of functions of the entity;
I. Approve the general plan and the annual investment budget;
J. Appoint according to the following article or remove in accordance with the statutes, the Director General of the Corporation. Effective Notes

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ARTICLE 28. THE GENERAL DIRECTOR OF REGIONAL AUTONOMOUS CORPORATIONS OR SUSTAINABLE DEVELOPMENT. The Director General shall be the legal representative of the Corporation and its first executive authority. It will be appointed by the Board for a period of four (4) years from January 1, 2012, and may be reelected only once. PARAGRAPH 1.
. The term of the members of the Board of dealing paragraphs e), f) and g) of Article 26 of Law 99 of 1993 shall be equal to the Director of the Regional Autonomous Corporation or Sustainable Development., And may be reappointed. PARAGRAPH 2.
. The process of election of the Directors of the Regional Autonomous Corporations and Sustainable Development, should be done by the Board in the period immediately before the start of the respective institutional period quarter. PARAGRAPH 3.
. The process of election of the representatives of the private sector, to the Directing Council of the Autonomous Regional Corporations or Sustainable Development, shall do the members of your industry.
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ARTICLE 29. FUNCTIONS OF THE GENERAL DIRECTOR. The functions of the Directors General mentioned in the laws, regulations and respective statutes. In particular it belongs:
1. Direct, coordinate and control the activities of the entity and exercise its legal representation;
2. Comply with and enforce the decisions and resolutions of the Board;
3. Present for study and approval of the Board's plans and programs required for the development of the object of the Corporation, the draft budget and draft administrative organization and plant personnel thereof;
4. Submit to the Board draft rules of procedure;
5. Sort expenses, issue acts, conduct operations and conclude contracts and agreements required for the normal functioning of the entity;
6. Be agents or proxies representing the Corporation in judicial matters and others litigious nature;
7. Delegate to officials of the entity exercising certain functions, prior authorization of the Board;
8. Appoint and remove the staff of the Corporation;
9. Manage and ensure proper use of funds and assets constituting the assets of the Corporation;
10. Submit reports to the Minister of the Environment, in the form it determines, on the status of execution of the functions corresponding to the Corporation and general and newspapers or individuals that request, on the activities and the general situation reports entity;
11. Submit to the Board reports as requested on the implementation of plans and programs of the Corporation, as well as their financial situation, according to the statutes;
12. Other than the statutes of the Corporation will point out and they are not contrary to the law.

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ARTICLE 30. PURPOSE. All Autonomous Regional Corporations will support the implementation of policies, plans, programs and projects on the environment and renewable natural resources and give a full and timely implementation of existing legal provisions on their disposal, administration, management and development thereof, to regulations, standards and guidelines issued by the Ministry of Environment. Editor's Notes


ARTICLE 31. FUNCTIONS. The Autonomous Regional Corporations shall perform the following functions:
1) execute the policies, plans and programs on environmental issues defined by the law approving the National Development Plan and the National Investment Plan or the Ministry of Environment and such as the regional order that have been entrusted under the law, within the scope of its jurisdiction; Editor's Notes


2) perform the function of maximum environmental authority in the area of ​​its jurisdiction, in accordance with the standards of superior character and in accordance with the criteria and guidelines set by the Ministry of the Environment;
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3) To promote and develop community participation in environmental protection programs, sustainable development and proper management of renewable natural resources;
4) Coordinate the process of preparation of plans, programs and environmental development projects that should make the different agencies and entities integrated National Environmental System (SINA) in the area of ​​its jurisdiction and in particular to advise the Departments , districts and municipalities within its territorial understanding in the definition of environmental development plans and programs and projects on environmental protection and renewable natural resources, so that harmony and policy coherence is ensured and actions adopted by the various local authorities;
5) Participate with other agencies and competent authorities within the scope of its jurisdiction, in the planning and land use so that the environmental factor is taken into account in decisions taken; Editor's Notes



6) enter into contracts and agreements with local authorities, other public and private entities and with non-profit entities whose purpose is the defense and protection of the environment and renewable natural resources, in order to better execute somehow or some of their functions, they do not relate to the exercise of administrative functions; Editor's Notes


7) Promote and implement jointly with affiliated and linked to the Ministry of Environment national agencies, and entities of technical and scientific support of the National Environmental System (SINA), studies and research in environmental and natural resources renewables;
8) To advise local authorities in formulating formal environmental education plans and implement programs of nonformal environmental education, according to the guidelines of national policy; Editor's Notes


9) To grant concessions, permits, authorizations and environmental licenses required by law for the use, development or mobilization of renewable natural resources or the development of activities that affect or may affect the environment. Granting permits and concessions for forestry, concessions for the use of surface and groundwater and establish bans for hunting and fishing;
10) Set in the area of ​​its jurisdiction, the permissible limits of emission, discharge, transportation or storage of substances, products, compounds or any other matter that may affect the environment or renewable natural resources and prohibit restrict or regulate manufacture, distribution, use, disposal or dumping of substances causing environmental degradation. These limits, restrictions and regulations in no case be less stringent than those defined by the Ministry of Environment. Editor's Notes


11) To exercise the functions of evaluation, control and environmental monitoring of the exploration, exploitation, processing, transport, use and storage of non-renewable natural resources, including port activities excluding the powers of the Ministry of Environment, as well as other activities, projects or factors that generate or may generate environmental degradation. This function includes the issuance of the respective environmental license. The functions referred to in this paragraph shall be exercised in accordance with Article 58 of this Law.
12) To exercise the functions of evaluation, control and environmental monitoring of water use, soil, air and other resources renewable natural, which include dumping, emission or incorporation of substances or liquid, solid and gaseous waste, water in any form, to air or soil, and discharges or emissions that may cause damage or pose danger normal sustainable development of renewable natural resources or prevent or hinder their use for other uses, these functions include issuing the respective environmental licenses, permits, concessions, authorizations and safe conduct;
13) Collect, according to law, contributions, fees, duties, fees and fines for the use and exploitation of renewable natural resources, the amount set in the territory of their jurisdiction based on the minimum rates set by the Ministry of the Environment; Editor's Notes



14) Exercise control of mobilization, processing and marketing of renewable natural resources in coordination with other regional autonomous corporations, local authorities and other police authorities in accordance with the law and regulations; and issue the permits, licenses and laissez-passer for the mobilization of renewable natural resources;
15) Administer, under the supervision of the Ministry of Environment Systems areas of National Parks that Ministry delegated to them. This administration may be made with the participation of local authorities and civil society. Editor's Notes


16) Book, alinderar, manage or subtract, under the terms and conditions determined by law and regulations, integrated management districts, districts soil conservation, forest reserves and natural parks regional, and regulate its use and operation. Manage NRFs in the area of ​​its jurisdiction. Editor's Notes

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17) Impose and run prevention and without prejudice to the powers conferred by law to other authorities, police measures and sanctions provided by law in case of violation of the rules of environmental protection and management renewable natural resources and demand, subject to relevant regulations, repairing damage;
18) Sort and establish standards and guidelines for the management of watersheds located within the area of ​​its jurisdiction, in accordance with the above provisions and national policies;
19) To promote and implement works of irrigation, drainage, flood control, regulation of rivers and waterways, land reclamation and necessary for the defense, protection and proper management of watersheds the territory of their jurisdiction, in coordination with directors executing agencies and the National System of Land Development, in accordance with legal provisions and the relevant technical provisions;
In the case of irrigation and drainage works that according to the rules and regulations require environmental license, it shall be issued by the Ministry of Environment.
20) Execute, manage, operate and maintain in coordination with local authorities, projects, sustainable development programs and infrastructure which are necessary for the defense and protection or for the decontamination or restoration of the environment and resources renewable natural;
21) Overtaking in coordination with the authorities of indigenous communities and the authorities of the lands traditionally inhabited by black communities, Law 70 of 1993, programs and projects for sustainable development and management, utilization refers to, use and conservation of renewable natural resources and the environment;
22) Implement and operate the Environmental Information System in the area of ​​its jurisdiction, in accordance with the guidelines issued by the Ministry of Environment;
23) Conduct analysis, monitoring, prevention and disaster control, in coordination with other competent authorities, and assist in the environmental aspects in prevention and care of emergencies and disasters; forward with municipal administrations or district programs adequacy of urban areas in high-risk areas, such as erosion control and reforestation management channels; Editor's Notes


24) Transfer of technology resulting from research institutions that advance scientific research and technical support from the national level as part of the National Environmental System (SINA) and provide technical assistance to public and private entities and individuals, about the proper management of renewable natural resources and the preservation of the environment, in the manner required under the regulations and in accordance with the guidelines set by the Ministry of the environment;
25) Imposing, distribute and collect contributions that recovery is to be recorded immovable property, by reason of the execution of public works by the Corporation; establish other rights which recovery can do under the law;
26) To advise local authorities in developing environmental projects to be developed with resources from the National Royalties Fund or such other destination; Editor's Notes



27) to acquire private property and asset entities in public law and advance to the competent judge the expropriation of property, once stocked the stage of direct negotiations, where necessary for the performance of their duties or for the execution of works or projects required for compliance with them, and impose easements that may be required, under the law;
28) To promote and implement water supply programs to indigenous and black communities traditionally seated in the area of ​​its jurisdiction, in coordination with the competent authorities;
29) Support municipal councils, departmental assemblies and councils of indigenous territorial entities in planning functions that gives them the Constitution;
30) The others that were previously allocated to other authorities, environmental and renewable natural resources within their respective areas of competence, as not in conflict with those given by the Constitution to local authorities, or are contrary to this law faculties or she invests the Ministry of Environment.
31) Without prejudice to the powers of municipalities and districts regarding zoning and land use, in accordance with the provisions of Article 313 seventh paragraph of the Constitution, the Autonomous Regional Corporations established general rules and maximum densities to which homeowners in suburban areas and in hills and mountains, so that protect the environment and natural resources be secured. Not less than 70% of the area to be developed in these projects will go to the conservation of existing native vegetation.
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PARAGRAPH 1. Regional Autonomous Corporations that under this Act are transformed, continue to exercise the functions assigned by law ordering their creation and organization, even when it is defined or constitutes the entity that will assume those functions or activities covering objects other than those provided by this Act from that moment, the autonomous regional corporations may only exercise the functions assigned to them by this Act.;
PARÁGRAFO 2. After positive declaration of environmental viability by the Autonomous Regional Corporation of the respective jurisdiction the Directorate General of Ports and Maritime Defense Ministry, DIMAR, national maritime authority has the task of granting authorizations, permits and concessions for the temporary occupation of beaches and low tide lands;
PARAGRAPH 3. When a Regional Autonomous Corporation has as main purpose the defense and protection of the urban environment, can advance with municipal administrations or district programs adequacy of urban areas in high-risk areas, such as erosion control, channels management and reforestation; Likewise, you can manage, manage, operate and maintain the works carried out or those who provide or deliver municipalities or districts for such purposes;
PARAGRAPH 4. Autonomous Regional Corporations carry out their tasks in close coordination with local authorities and agencies to which they have been assigned responsibilities within its jurisdiction;
PARAGRAPH 5. Except as provided in paragraph 45 of Article 5 and paragraph 9 of this Article, sorting, handling and all other activities related to fisheries and resources continue to be the responsibility of the Ministry of Agriculture and the National Institute of Fisheries and Aquaculture - INPA, in accordance with the provisions of Law 13 of 1990 and Regulatory Decree 2256 of 1991;
PARAGRAPH 6. Autonomous Regional Corporations that under the new distribution Jurisdictional lose jurisdiction over one or more municipalities, continue advancing the ongoing projects to completion within a maximum period of three years. Editor's Notes


ARTICLE 32. DELEGATION OF FUNCTIONS. The Boards of Directors of the Regional Autonomous Corporations, may delegate to other public bodies or private legal persons, constituted as entities, non-profit, the exercise of functions provided that in the latter case not involve the exercise of its own powers of the administrative authority . The sanctioning power is delegated.


ARTICLE 33. CREATION AND TRANSFORMATION OF REGIONAL AUTONOMOUS CORPORATIONS. Management of the environment and renewable natural resources will be throughout the national territory by Autonomous Regional Corporations.
The following corporations will retain its name, headquarters and territorial jurisdiction current:
- Regional Autonomous Corporation of Risaralda (CARDER)
- Regional Autonomous Corporation of Nariño (CORPONARIÑO)
- Regional Autonomous Corporation de la Frontera North Eastern (CORPONOR)
- regional Autonomous Corporation of Tolima (CORTOLIMA)
- regional Autonomous Corporation of Quindio (CRQ)
- regional Autonomous Corporation of River Basins Rionegro and Nare (CORNARE)
- regional Autonomous Corporation of Valleys of the Sinú and San Jorge (CVS)
they should create the following regional autonomous corporations:
- regional Autonomous Corporation of the Orinoco, CORPORINOQUIA: its jurisdiction include the departments of Arauca, Vichada, Casanare, meta *, municipalities Cundinamarca Department, namely: Guayabetal, Quetame, Une, Paratebueno, Chipaque, Cáqueza, Fosca, Gutierrez, Choachí and Ubaque; and the municipalities of Pajarito, Labranzagrande, Paya, Pisba and Cubará Department of Boyaca, except the territory of jurisdiction of the Corporation for the Sustainable Development of the Macarena. Will have its headquarters in the city of Yopal and regional offices in the municipalities of Arauca in Arauca Department, Villavicencio in the department of Meta * and spring in Vichada. The subsites come to work six months after the headquarters. Resources received by CORPORINOQUIA be distributed equally between the headquarters and the subsites. Editor's Notes


- Regional Autonomous Corporation of Sucre, CARSUCRE: will have its headquarters in the city of Sincelejo; its jurisdiction includes the territory of the Department of Sucre, with the exception of the municipalities that are within the jurisdiction of the Corporation for Sustainable Development and the San Jorge Mojana CORPOMOJANA.
- Regional Autonomous Corporation of Alto Magdalena CAN: will have its headquarters in the city of Neiva; its jurisdiction will include the Department of Huila;
- Regional Autonomous Corporation of Central Antioquia, CORANTIOQUIA will have its headquarters in the city of Medellin; its jurisdiction include the municipalities of Antioquia excluding the territory of the municipalities that are part of the jurisdiction of the Corporation for the Sustainable Development of Urabá, CORPOURABA and the Autonomous Regional Corporation of the Rionegro and Nare, CORNARE rivers;
- Regional Autonomous Corporation of the Atlantic, CRA, headquartered in the city of Barranquilla; its jurisdiction will include the Department of the Atlantic; Effective Notes

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- Regional Autonomous Corporation of Santander, CAS will have its headquarters in the city of San Gíl; its jurisdiction will include the Department of Santander, excluding the municipalities that are part of the Regional Autonomous Corporation for the Defense of the Bucaramanga Plateau, CMDB;
- Regional Autonomous Corporation of Boyacá, CORPOBOYACA, will have its headquarters in the city of Tunja; its jurisdiction will include the Department of Boyaca except the municipalities of Chiquinquirá, Saboya, San Miguel de Sema, Caldas, Buenavista and Ráquira that are part of the CAR; Pajarito municipalities, Labranzagrande, Beach, Pisba and Cubará that are part of CORPORINOQUIA; and municipalities that belong to the Autonomous Regional Corporation of Chivor CORPOCHIVOR.
- Regional Autonomous Corporation of Chivor, CORPOCHIVOR, will have its headquarters in Gragoa and jurisdiction shall include the municipalities of Ventaquemada, Boyaca, Turmequé, New Columbus, Bog, Ramiriquí, Jenesano, Tibana, Úmbita, Chinavita, Pachavita, Garagoa, La Capilla Tenza, Sutatenza, Guateque, Guayatá, Somondoco, Almeida, Chivor, Macanal, Santa Maria, San Luis de Gaceno and Campohermoso;
- Regional Autonomous Corporation of Guavio, Corpoguavio, have jurisdiction in the municipalities of Gachalá, Medina, Ubalá, Gama, Junin, Gachetá, Fómeque, Mámbita and Guasca in the Department of Cundinamarca. Its headquarters will be in the municipality of Gachalá.
- Regional Autonomous Corporation of Canal del Dique, CARDIQUE, will have its headquarters in the district of Cartagena de Indias and its jurisdiction will include the district of Cartagena de Indias and the municipalities of Turbaco, Turbana, Arjona, Mahates, St. Stanislaus Koztka, Villanueva, Santa Rosa, Santa Catalina, Soplaviento, Squid, Guamo, Carmen de Bolivar, San Juan, San Jacinto, Zambrano, Córdoba, María la Baja in the Department of Bolívar;
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- Regional Autonomous Corporation of Southern Bolivar, CSB, will have its headquarters in Magangué and its jurisdiction will comprise the territory of the Department of Bolivar with the exception of the municipalities within the jurisdiction of the Regional Autonomous Corporation of Canal del Dique, CARDIQUE . Effective Notes

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The following corporations modify their jurisdiction or its current name:
- Regional Autonomous Corporation of Magdalena, CORPAMAG: its jurisdiction includes the territory of the Department of Magdalena with the exception of the areas included in the jurisdiction of the Corporation for Development sustainable of the Sierra Nevada de Santa Marta; Editor's Notes


- Regional Autonomous Corporation of Cesar, CORPOCESAR: its jurisdiction includes the territory of the Department of Cesar except for the areas included in the jurisdiction of the Corporation for the Sustainable Development of the Sierra Nevada de Santa Marta; Editor's Notes


- Regional Autonomous Corporation of La Guajira CORPOGUAJIRA: its jurisdiction includes the territory of the Department of Guajira with the exception of the areas included in the jurisdiction of the Corporation for the Sustainable Development of the Sierra Nevada de Santa Marta; Editor's Notes


- Regional Autonomous Corporation of Caldas CORPOCALDAS: will have its headquarters in the city of Manizales; its jurisdiction will comprise the territory of the Department of Caldas;
- Regional Autonomous Corporation of Cauca CRC: will have its headquarters in the city of Popayan; its jurisdiction will comprise the territory of the Department of Cauca;
- Regional Autonomous Corporation of Valle del Cauca CVC: will have its headquarters in the city of Cali; its jurisdiction will comprise the territory of the Department of Valle del Cauca;
- Regional Autonomous Corporation of the Bogota River Basins, Ubaté and Suarez, CAR: be called Regional Autonomous Corporation of Cundinamarca, CAR and will have jurisdiction in the Capital District of Bogota and Cundinamarca territory, with exception of the municipalities within the jurisdiction of the Regional Corporation Guavio and municipalities of the Department of Cundinamarca that are part of the jurisdiction of CORPORINOQUIA. Its jurisdiction includes the municipalities of Chiquinquirá, Saboya, San Miguel de Sema, Caldas, Buenavista and Ráquira in the Department of Boyaca. Will have its headquarters in the city of Bogota, and establish a branch in the city of Fusagasugá;
- Regional Autonomous Corporation for the Defense of the Bucaramanga Plateau, CMDB: will be based in the city of Bucaramanga and in addition to its current jurisdiction will have on the town of El Playon.
PARAGRAPH 1 OF REGIONS WITH A SPECIAL REGIME. Management of natural resources and the environment in the Amazon region, in Choco, in the Sierra Nevada de Santa Marta, in the Serrania de la Macarena, in the region of Urabá, in the Archipelago Department of San Andres, Providencia and santa Catalina, and the region of Mojana and San Jorge, will be in charge of Corporations for sustainable development of the respective regions, which will be organized as regional autonomous corporations, with special features that this Act applicable states ;
PARAGRAPH 2. THE REGIONAL AUTONOMOUS CORPORATIONS MAGDALENA RIVER BASIN. The Autonomous Regional Corporations in whose jurisdiction are coastal municipalities of the Magdalena River, exercise their functions in coordination with the Regional Autonomous Corporation of Rio Grande de la Magdalena, created by Article 331 of the Constitution, and will delegatarias own to ensure proper use and preservation of the environment, fish resources and other renewable natural resources in the river basin; Effective Notes

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PARAGRAPH 3. ECOSYSTEM MANAGEMENT COMMON BY SEVERAL regional autonomous corporations. In cases where two or more Autonomous Regional Corporations have jurisdiction over an ecosystem or on a common river basin, constitute in accordance with the regulations issued by the National Government, a joint commission to coordinate, harmonize and define policies for environmental management corresponding.
The National Government shall regulate consultation procedures for proper handling and harmonious confluence areas of jurisdiction between the Autonomous Regional Corporations and the System of National Parks and Reserves.

When two or more Autonomous Regional Corporations are responsible management of common ecosystems, their management must be made through agreements in accordance with the guidelines laid down by the Ministry of the Environment; Effective Notes

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PARÁGRAFO 4. Municipalities of Manta, Tibirita, Machetá, Chocontá and Sesquile belonging to the CAR, and the municipalities of Tunja and Samacá that belong to CORPOBOYACA are entitled to through the CAR and CORPOBOYACA, to CORPOCHIVOR receive for your investment and resources referred to articles 43 and 45 of this Act, for the water intake opening onto the dam of Chivor.

ARTICLE 34 OF THE CORPORATION FOR SUSTAINABLE DEVELOPMENT NORTH EAST AND AMAZON -CDA. Create the Corporation for Sustainable Development in the North and East of the -CDA Amazon, which will be organized as a Regional Autonomous Corporation subject to the regime dealt with in this article.
The Regional Autonomous Corporation for the Sustainable Development of the North and East of the -CDA Amazon, along with those of the Autonomous Regional Corporations functions, will have as main custom promote awareness of renewable natural resources and the environment of the North and Amazon region East and its use; exercise activities to promote scientific research and technology transfer; direct the process of regional land use planning to mitigate or disable pressures of inadequate exploitation of the territory; promote the integration of traditional communities that inhabit the region and its ancestral methods of harnessing nature to the process of conservation, protection and sustainable use of resources, and to foster cooperation with national and international entities, generating technologies appropriate, for the use and conservation of resources in the Colombian Amazon.
The jurisdiction of CDA comprise the territory of the departments of Vaupés, Guainía and Guaviare, will be based in the city of Puerto Inirida, and regional offices in San José del Guaviare and Mitu. The sub-offices will be installed within six (6) months after the organization of the Corporation. Resources received by CDA will be distributed equally between the headquarters and the subsites.
The Board of Directors shall consist of: a. The Minister of Environment, who will preside, or his delegate; b. The governors of the departments falling within the jurisdiction of the Corporation, or their delegates; c. Three representatives of indigenous communities, one for each department of the jurisdiction of the Corporation CDA, chosen by indigenous organizations in the region; d. A representative of the President of the Republic; and. A representative of the mayors of the municipalities included within the capital territory under its jurisdiction; F. The Director of the Amazon Institute of Scientific Research "SINCHI" or his delegate; g. The Director of the Institute of Biological Resources Research "Alexander von Humboldt"; h. The Rector of the University of the Amazon; i. A representative of an environmental non-governmental organization dedicated to protecting nature of the Amazon.
The board members that treat the literal and, ei, shall be elected by the Corporate Assembly by the simple majority system of lists submitted the respective entities or organizations as appropriate. Effective Notes

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The Government will ensure the resources necessary for the normal functioning of the Corporation, the resources of the national budget, as well as for compliance with the special features described in this article, allocate a percentage of the resources of the National Fund royalties for environmental preservation.
Environmental licenses for mining and construction of road infrastructure and permits and logging concessions will be granted by the Executive Director of the Corporation with the foreknowledge of the Board and the approval of the Minister of the Environment. Editor's Notes


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ARTICLE 35 OF THE CORPORATION FOR SUSTAINABLE DEVELOPMENT SOUTH OF THE AMAZON, CORPOAMAZONIA. Create the Corporation for the Sustainable Development of South CORPOAMAZONIA Amazonia, as a Regional Autonomous Corporation, which will be organized as a Regional Autonomous Corporation subject to the regime dealt with in this article.

The jurisdiction of CORPOAMAZONIA comprise the territory of the departments of Amazonas, Putumayo and Caqueta. CORPOAMAZONIA's headquarters is the city of Mocoa in Putumayo and establish regional offices in the cities of Leticia and Florence.
Fusiónase the Regional Autonomous Corporation of Putumayo CAP with the new Sustainable Development Corporation of South -CORPOAMAZONIA Amazon, whose sectional Putumayo all its assets and liabilities will be transferred. The department currently receives royalties the CAP, will be designed by CORPOAMAZONIA exclusively to be invested in the department of Putumayo.
The Corporation for Sustainable Development of Southern Amazonia -CORPOAMAZONIA addition to the characteristics of the Autonomous Regional Corporations functions, will have as main custom promote awareness of renewable natural resources and environment of the area of ​​jurisdiction and its use, encourage the use of appropriate technology and make provisions for the proper management of the Amazon ecosystem jurisdiction and sustainable and rational use of renewable natural resources and the environment, as well as advising municipalities in environmental planning process and regulation of land use and in issuing the necessary regulations for the control, preservation and protection of ecological and cultural heritage of territorial entities under their jurisdiction.
Main function is to protect the environment Corporation South of the Colombian Amazon as a special area of ​​ecological reserve in Colombia, of global concern and as a unique recipient of the mega biodiversity of the humid tropics. In furtherance of its object should promote the integration of indigenous communities that traditionally inhabit the region, the process of conservation, protection and sustainable use of resources and enhancing the cooperation and assistance of the international community to compensate the efforts of the local community in the defense of this unique ecosystem.
The Board of Directors shall consist of: a. The Minister of Environment, who shall preside, or deputy minister; b. The governors of the departments falling within the jurisdiction of the Corporation, or their delegates; c. The Director of the Institute of Hydrology, Meteorology and Environmental -IDEAM investigations; d. Two mayors; and. Two representatives of the indigenous communities in their area of ​​jurisdiction, chosen by indigenous organizations in the region; F. The director of the Institute for Scientific Research "SINCHI" or his delegate; g. A representative of non-governmental environmental organizations dedicated to environmental protection character of the Amazon; h. The director of the Institute of Biological Resources Research "Alexander von Humbolt"; i. The rector of the University of the Amazon.
The board members that treat the literal dyg shall be elected by the Corporate Assembly by the simple majority system of lists submitted the respective entities or organizations as appropriate. Effective Notes

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The Government will ensure the necessary resources for the fulfillment of special tasks described in this article from the resources of the National Royalties Fund allocated to environmental preservation.
Environmental for mining and construction of road infrastructure and permits logging concessions and licenses will be granted by the Executive Director of the Corporation with the prior knowledge of the Executive Council and the approval of the Minister of the Environment. Editor's Notes


Trasládense to CORPOAMAZONIA the assets of INDERENA in the area of ​​their jurisdiction. Effective Jurisprudence


ARTICLE 36 OF THE CORPORATION FOR SUSTAINABLE DEVELOPMENT OF NEVADA SIERRA DE SANTA MARTA, CSN. Effective Notes

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ARTICLE 37. OF THE CORPORATION FOR SUSTAINABLE DEVELOPMENT OF San Andrés and Providencia, CORALINA. Create the Corporation for the Sustainable Development of the San Andrés and Providencia, CORALINA, based in San Andres (Island), as a Regional Autonomous Corporation that besides its administrative regulations relating to natural resource functions and environment the San Andrés and Providencia, exercise activities to promote scientific research and technology transfer, subject to the special arrangements provided for in this Act and its statutes, mandated to promote conservation and sustainable use of resources renewable natural and environment of San Andrés and Providencia, lead the process of regional planning land use and marine resources to mitigate or disable pressures of inadequate exploitation of natural resources, promote the integration of the native communities that inhabit the islands and their ancestral methods of harnessing nature to the process of conservation, protection and sustainable use of renewable natural resources and the environment and promote, with the cooperation of national and international entities, generation technologies appropriate for the use and conservation of resources and the environment of the archipelago.
The jurisdiction of CORALINA comprise the territory of the Archipelago Department of San Andres, Providencia and Santa Catalina, the territorial sea and the exclusive economic zone of land exploitation generated portions of the archipelago, and exercise, plus special functions determined the Act, as assigned by the Ministry of Environment, and available to their statutes.
The Board of Directors shall consist of: a. The Minister of the Environment, or his delegate; b. The Governor of the Archipelago Department of San Andres, Providencia and Santa Catalina, who shall preside; c. A representative of the President of the Republic; d. The Director of INVEMAR e. A representative of organized economic associations in the Archipelago; F. A representative of the unions of agricultural and fishing craft production in the archipelago properly constituted; g. The Director of the Directorate General Maritime Defense Ministry; h. The members of the Board for the Protection of Natural and Environmental Resources Department Archipelago of San Andres, Providencia and Santa Catalina created by Law 47 of 1993. This Board
replaces the Board for the Protection of Natural Resources and Environmental Department of San Andres and Providencia established by Article 23 of law 47 of 1993, and also assumes the tasks defined in this Act assigned in chapter V of the Act.
The members of the Council shall be elected for three years.
The Departmental Board of Fisheries and Aquaculture established by Law 47 of 1993, continue to exercise their functions.
The Government will ensure the necessary resources for the fulfillment of special tasks described in this article from the resources of the National Royalties Fund allocated to environmental preservation.
Trasládense to CORALINA the assets of INDERENA, existing in the area of ​​their jurisdiction.
PARAGRAPH 1. From the effective date of this law granting permits leading to the construction of new commercial, hotel and industrial facilities in the Municipality of Providencia and suspended those that are pending and licenses are prohibited until it is approved by the municipality of Providencia, the Board of CORALINA and the Ministry of Environment, a management plan land use and development plan for the island.
PARÁGRAFO 2. The San Andrés and Providencia constitutes a biosphere reserve. The Board of CORALINA coordinate actions at national and international levels to comply with this provision. Effective Jurisprudence



ARTICLE 38. OF THE CORPORATION FOR SUSTAINABLE DEVELOPMENT OF THE MACARENA. Create the Corporation for the Sustainable Development Management Area Special La Macarena CORMACARENA, as a Regional Autonomous Corporation that besides its administrative in relation to natural resources and the environment in the area of ​​Special Management The Macarena, biosphere reserve functions and sanctuary of fauna and flora, exercise activities to promote scientific research and technology transfer, subject to the special arrangements provided for in this law and its bylaws, mandated to promote conservation and sustainable use of renewable natural resources and the environment environment Special Management area of ​​La Macarena, lead the process of regional planning land use to mitigate and disable pressures of inadequate exploitation of the territory, and promote cooperation with national and international entities, generating appropriate technologies for use and conservation of resources and the area of ​​Special Management the Macarena environment.
The jurisdiction of CORMACARENA comprise the territory of the Special Management Area of ​​La Macarena, defined in Decree 1,989 of 1,989 except those included in the jurisdiction of the Corporation for the Sustainable Development of the Amazon East CDA and CORPORINOQUIA. Editor's Notes


Its headquarters is the city of Villavicencio and have a branch in the city of Granada, Department of Meta.
The Corporation for Sustainable Development Special Management Area of ​​La Macarena, exercise the special functions assigned to the Ministry of Environment and available to their statutes, and refrain from the Ministry meet those reserves to itself, even though they are generally attributed to the Autonomous Regional Corporations.
The Nation will in the Corporate Assembly not less than 35% of the votes represented and will be represented on it by the Minister of the Environment, or his delegate. Effective Notes

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The Board of Directors of the Corporation for Sustainable Development Special Management Area La Macarena, shall consist of: a. The Ministry of Environment or its delegate, who will preside; b. Meta Governor or his delegate; c. The Head of the Special Administrative Unit of National Natural Parks of the Ministry of the Environment; d. A representative of the President of the Republic; and. Two representatives of the mayors of the municipalities that are part of special management area; F. A representative of non-governmental organizations or corporations, non-profit whose main purpose is the defense and protection of special management area La Macarena; g. A representative of the association of settlers from the Macarena; h. A representative of the indigenous communities in special management area, chosen by themselves; i. The Director of the Amazon Institute for Scientific Research, "SINCHI" or his delegate; j. The Director of the Research Institute of Biological Resources "Alexander von Humbolt" or his delegate; k. Rectors of the Universities of the Amazon and technology of the Eastern Plains.
The board members that treat the literal e and f, shall be elected by the Corporate Assembly by the simple majority system of lists submitted the respective entities or organizations as appropriate. Effective Notes

Effective Jurisprudence


ARTICLE 39. REGIONAL AUTONOMOUS CORPORATION FOR SUSTAINABLE DEVELOPMENT OF CHOCO, CODECHOCO. Transform the National Development Corporation CODECHOCO Choco, in the Regional Autonomous Corporation for the Sustainable Development of Chocó, CODECHOCO, which will be organized as a Regional Autonomous Corporation subject to the regime dealt with in this article.
The jurisdiction of CODECHOCO comprise the territory of the Department of Choco.

The Regional Autonomous Corporation for the Sustainable Development of Chocó, CODECHOCO, in addition to the characteristics of the Autonomous Regional Corporations functions, will have as main custom promote awareness of renewable natural resources and environment of the region and its use chocoana encourage the use of appropriate technology and make provisions for the proper handling of singular chocoano ecosystem and the rational sustainable utilization of renewable and non-renewable natural resources and advice to municipalities in the process of environmental planning and regulation of the uses of soil and issue the necessary regulations for the control, preservation and protection of ecological and cultural heritage of local authorities.
Main function is to protect the environment Corporation chocoano as a special area of ​​ecological reserve in Colombia, of global concern and as a unique recipient of the mega biodiversity of the humid tropics. In furtherance of its object should promote the integration of indigenous and black communities that traditionally inhabit the region, the process of conservation, protection and sustainable use of resources and enhancing the cooperation and assistance of the international community to compensate the efforts of the local community in defense of this unique ecosystem.
The Corporation shall have as headquarters the city of Quibdo. The Board shall consist of: a. The Minister of Environment, who will preside, or deputy minister; b. The Governor of the Department of Chocó; c. The Director of the Institute of Hydrology, Meteorology and Environmental Research IDEAM; d. Four mayors at the rate of one per sub-region namely; Atrato, San Juan, Costa Pacifica-Baudó and Urabá Chocoano; and. A representative of black communities, chosen by themselves; F. A representative of indigenous communities, chosen by themselves; g. A representative of the Departmental Association of peasants users; h. A representative of non-governmental environmental organizations; i. The Director of the Institute of Biological Resources Research "Alexander von Humbolt"; j. The director of the Institute of Pacific Environmental Research "John von Neumann"; k. The Rector of the University of Chocó "Diego Luis Cordoba". Representation in the Executive Council is delegated and its meetings will be held in the territory of their jurisdiction.
The board members that treat the literal dyh shall be elected by the Corporate Assembly by the simple majority system of lists submitted the respective entities or organizations. Effective Notes

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The Government will ensure the necessary resources for the fulfillment of special tasks described in this article from the resources of the National Royalties Fund allocated to environmental preservation.
Environmental licenses for mining and construction of road infrastructure and permits and logging concessions will be granted by the Executive Director of the Corporation with prior knowledge of the management council and the approval of the Minister of the Environment. Editor's Notes

Editor's Notes


ARTICLE 40. OF ​​THE CORPORATION FOR SUSTAINABLE DEVELOPMENT Urabá, CORPOURABA. Transform the current Regional Autonomous Corporation of Urabá, CORPOURABA in the Corporation for the Sustainable Development of Urabá, CORPOURABA, which is organized as a Regional Autonomous Corporation that besides its administrative regulations relating to natural resource functions and environment of the region of Urabá, exercise activities overall planning, promotion of scientific research and technology transfer, subject to the special arrangements provided for in this law and its bylaws, mandated to promote conservation and sustainable use of biotic and abiotic resources of the region of Urabá, lead the process of regional planning land use to mitigate or disable pressures of inadequate exploitation of the territory, promote the integration of traditional communities that inhabit the region and its ancestral methods of harnessing nature to process conservation, protection and sustainable use of resources and promote, with the cooperation of national and international entities, generating appropriate for the use and conservation of resources and environment of the basin of the lower Atrato, in the limits of their technologies jurisdiction.

CORPOURABA's jurisdiction includes the territory of the municipalities of San Pedro de Uraba San Juan de Uraba, Jarboletes, Necoclí, Turbo, Fort Vigía, Murindó, Apartadó, Carepa, Chigorodó, Mutatá, Uramita, Dabeiba, Frontino, peque, Cañasgordas, Abriaquí, Giraldo, and Urrao in the Department of Antioquia. It will be based in principal in the municipality of Apartadó, but you can set the subsites it deems necessary.
The Corporation for the Sustainable Development of Urabá CORPOURABA, he exercises the special functions assigned to the Ministry of Environment and that has statutes and refrain from fulfilling those the Ministry reserves to itself, even if they are attributed to generally to the Regional Autonomous Corporations.
The Nation will in the Corporate Assembly not less than 35% of the votes represented and will be represented on it by the Minister of the Environment, or his delegate. Effective Notes

Effective Jurisprudence


The Board of Directors shall consist of: a. The Minister of Environment, who will preside, or his delegate; b. The Minister of Agriculture or his delegate; c. The Governor of the Department of Antioquia; d. A representative of traditional indigenous communities in the region, chosen by themselves; and. A representative of the traditional black communities that inhabit the region, chosen by themselves; F. Two representatives of agricultural associations in the region; g. A representative of the President of the Republic; h. Two representatives of the mayors of the municipalities; i. A representative of including NGOs within the territory of jurisdiction.
The members of the Board of dealing literal f, h, shall be elected by the Corporate Assembly by the simple majority system of lists submitted the respective entities or organizations. Effective Notes

Effective Jurisprudence


ARTICLE 41. OF THE CORPORATION FOR SUSTAINABLE DEVELOPMENT AND SAN JORGE Mojana, CORPOMOJANA. Create the Corporation for the Sustainable Development of San Jorge Mojana and -CORPOMOJANA, as a Regional Autonomous Corporation that besides its administrative in relation to natural resources and the environment in the area Mojana San Jorge River and functions, will exert efforts to promote scientific research and technology transfer, subject to the special arrangements provided for in this Act and its statutes, mandated to promote conservation and sustainable use of renewable natural resources and the environment, the ecosystem of the watershed of the Magdalena River, River Cauca and San Jorge River in this region, leading the process of regional planning land use to mitigate and disable pressures of inadequate exploitation of the territory and promote, with the cooperation of national and international entities, generation appropriate technologies for the use and conservation of resources Mojana and San Jorge.
The jurisdiction of CORPOMOJANA comprise the territory of the municipalities of Majagual, Sucre, Guaranda, San Marcos, San Benito, La Union and Sucre Department Caimito. It will be based in the municipality of San Marcos.
The Board of Directors shall consist of: a. Environment Minister or his delegate, who will preside, b. Sucre Governor or his delegate. c. Two mayors. d. The Director of the Institute of Hydrology Meteorology and Environmental Research, IDEAM or his delegate. and. A representative of peasant organizations. h. A representative of non-governmental organizations whose purpose is the conservation and management of natural resources. i. A representative of the unions of agricultural and fisheries production in the area properly constituted. Effective Notes

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TITLE VII.
OF INCOME OF REGIONAL AUTONOMOUS CORPORATIONS
ARTICLE 42.
retributive and compensatory rates. Direct or indirect use of air, water and soil, to introduce or throwing waste or agricultural, mining or industrial waste, sewage or sewage from any source, smoke, fumes and noxious substances resulting from human activities or propitiated man, or economic or service activities, whether for profit or not, will be subject to payment of remuneration rates for the harmful consequences of the expressed activities.
Rates may also set to offset the costs of maintaining the renewability of renewable natural resources. It is thus subrogated Article 18 of Decree No. 2811 of 1974.

For the definition of the costs and benefits of the clause 2o dealing. Article 338 of the Constitution, based on which they have calculated the retributive and compensatory rates at which this Article, created in accordance with the provisions of the National Code of Renewable Natural Resources and Environmental Protection, Decree refers 2811 of 1974, the system established by the set of following rules shall apply:
a) the rate include the value of depreciation of the affected resource;
B) The Ministry of Environment taking into account social and environmental costs of damage and recovery costs on the affected resource, define annually the basis on which the calculation of depreciation will;
C) The calculation of depreciation include the economic evaluation of social and environmental damage caused by the respective activity. It is understood by social damage, among others, those caused to human health, landscape, public order, public and private property and other assets with economic value directly affected by the polluting activity. It is understood by environmental damage that affects the normal functioning of ecosystems or the renewability of resources and components;
D) Costing thus obtained will be the basis for defining the amount of tariff rates. Editor's Notes


Based on the set of rules in the system in the preceding paragraph, the Ministry of Environment will apply the following method in the definition of costs on the basis of fixing the tariff will amount of remuneration rates and compensatory: a) each of the factors influencing the determination of a rate, you define variables that allow quantitative measurement of injury; b) Each factor and variables must have a weighting coefficient allowing its weight in all the factors and variables considered; c) The coefficients are calculated taking into account the diversity of regions, availability of resources, its assimilative capacity, pollutants involved, the socioeconomic conditions of the affected population and the opportunity cost of the resource in question; d) factors, variables and coefficients so determined will be integrated into mathematical formulas that allow the calculation and determination of the fees.
PARÁGRAFO. Retributive and compensatory rates apply even pollution above the permissible limits without prejudice to the imposition of preventive and punitive measures that may be required. The collection of this rate does not imply under any circumstances the legalization of the respective dumping. Effective Notes

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PARAGRAPH 2.
. Resources from the collection of discharge fees will go to investment projects in decontamination and monitoring the quality of the respective resource. To cover the costs of implementing and monitoring the rate, the competent environmental authority may use up to 10% of the collected resources. Effective Notes

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PARAGRAPH 3.
. Resources from the collection of the compensatory fees will go to the protection and renewal of the respective natural resource, taking into account the guidelines of the Ministry of Environment, Housing and Territorial Development, or his substitute. To cover the costs of implementing and monitoring the rate, the environmental authority may use up to ten percent (10%) of the revenues. Effective Notes

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Effective Jurisprudence

Effective Jurisprudence


ARTICLE 43. FEES FOR USE OF WATER. The use of water by natural or legal persons, public or private, will lead to the collection of rates set by the National Government to be used to pay the costs of protection and renewal of water resources, for the purposes established by Article 159 National Code of Renewable Natural Resources and Environmental Protection, Decree 2811 of 1,974. The national government will calculate and establish the fees that may be required for the use of water.
The system and method established by the preceding article for the definition of costs on the basis shall be calculated and fixed remuneration and compensation rates shall apply the procedure of fixing the rate referred to in this article.
PARAGRAPH 1.
. Any project that requires environmental license and involved in its implementation the use of water, taken directly from natural sources, either for human consumption, recreation, irrigation or any other activity shall allocate no less than 1% of total investment recovery, preservation, conservation and monitoring of the watershed that feeds the respective water source. The beneficiary of the environmental license must invest these resources in the works and actions of recovery, preservation and conservation of the respective watershed, according to current regulations on the matter. Effective Notes

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PARAGRAPH 2.
. Resources from the collection of fees for water use, will be allocated as follows:
a) In the basins and Management Plan Adopted Ordinance shall be used only for the activities of protection, recovery and resource monitoring water defined therein;
B) In the basins declared in management, they will be used for the preparation of the Management Plan and Watershed Management;
C) In the absence of the conditions set out in paragraphs a) and b) will be allocated to activities protection and recovery of water resources defined in the planning instruments of the competent environmental authority and taking into account the guidelines of the Ministry of environment, Housing and Territorial Development, or his substitute.
To cover costs of implementation, monitoring and follow-up; environmental authority may use up to ten percent (10%) of the revenues.
The proceeds from the application of the 1st paragraph of Article 43 of Law 99 of 1993, will go to the protection and restoration of water resources, in accordance with the respective Management Plan and Watershed Management or the formulation and adoption of the Plan. Effective Notes

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PARAGRAPH 3.
. The fee for use of water to all water users be charged, excluding those who use water by operation of law, but including those that do not have the water concession, subject to the imposition of preventive measures and impose penalties that may take place without involving legalization under any circumstances. Effective Notes

Editor's Notes

Effective Notes

Effective Jurisprudence



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