Act 99 Of 1993

Original Language Title: LEY 99 de 1993

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ACT

(December 22)

Official Journal No. 41.146 of 22 December 1993

For which the Ministry of the Environment is created, the Public Sector is reordered in charge of the management and conservation of the environment and the renewable natural resources, the National Environmental System is organized, SINA and dictate other provisions.

COLOMBIA CONGRESS

DECRETA:

TITLE I.

FOUNDATION OF COLOMBIAN ENVIRONMENTAL POLICY

ARTICLE 1o. ENVIRONMENTAL GENERAL PRINCIPLES. The Colombian Environmental Policy will follow the following general principles:

1. The country's economic and social development process will be guided by the universal principles and sustainable development contained in the Rio de Janeiro Declaration of June 1992 on Environment and Development.

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

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

4. The areas of moorland, subparamos, water births and aquifer recharge areas will be the subject of special protection.

5. In the use of water resources, human consumption will take precedence over any other use.

6. The formulation of environmental policies will take into account the outcome of the scientific research process. However, environmental authorities and individuals shall apply the precautionary principle in accordance with which, where there is a danger of serious and irreversible damage, the lack of absolute scientific certainty should not be used as a reason for defer the adoption of effective measures to prevent environmental degradation.

7. The State will encourage the incorporation of environmental costs and the use of economic instruments for the prevention, correction and restoration of environmental deterioration and for the conservation of renewable natural resources.

8. The landscape as a common heritage must be protected.

9. Disaster prevention will be a matter of collective interest and the measures taken to prevent or mitigate the effects of disasters will be mandatory.

10. The country's environmental protection and recovery action is a joint and coordinated task between the state, the community, non-governmental organizations and the private sector. The State shall support and encourage the formation of non-governmental bodies for environmental protection and may delegate some of its functions to them.

11. Environmental impact studies will be the basic instrument for decision-making regarding the construction of works and activities that significantly affect the natural or artificial environment.

12. The country's environmental management, according to the National Constitution, will be decentralized, democratic, and participatory.

13. For the country's environmental management, a National Environmental System is established, SINA, whose components and interrelationship define the mechanisms of state and civil society.

14. The environmental institutions of the State will be structured based on criteria of integral management of the environment and its interrelation with the processes of economic, social and physical planning.

TITLE II.

FROM THE ENVIRONMENT MINISTRY AND THE NATIONAL ENVIRONMENTAL SYSTEM

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ARTICLE 2o. CREATION AND OBJECTIVES OF THE MINISTRY OF THE ENVIRONMENT. Create the Ministry of the Environment as a governing body for the management of the environment and renewable natural resources, which is responsible for promoting a relationship of respect and harmony of the environment. man with nature and define, in the terms of this law, the policies and regulations that will be subject to the recovery, conservation, protection, management, use and exploitation of renewable natural resources and the the environment of the nation, in order to ensure sustainable development.

Ministry of the Environment will formulate, together with the President of the Republic and guarantee the participation of the community, the national environmental policy and renewable natural resources, in order to guarantee the right of all people to enjoy a healthy environment and protect the natural heritage and the sovereignty of the nation.

It is up to the Ministry of the Environment to coordinate the National Environmental System, SINA, which in this Law is organized, to ensure the adoption and execution of the policies and the respective plans, programs and projects, in order to guarantee the fulfillment of the duties and rights of the State and of the individuals in relation to the environment and to the natural heritage of the Nation.

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ARTICLE 3o. THE CONCEPT OF SUSTAINABLE DEVELOPMENT. It is understood by sustainable development that it will lead to economic growth, to the elevation of the quality of life and to social welfare, without depleting the base of renewable natural resources in which supports, nor will it damage the environment or the right of future generations to use it for the satisfaction of their own needs.

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ARTICLE 4. NATIONAL ENVIRONMENTAL SYSTEM, SINA. The National Environmental System SINA, is the set of guidelines, rules, activities, resources, programs and institutions that allow the implementation of the general environmental principles contained in This Law. It will consist of the following components:

1) The principles and general guidelines contained in the National Constitution, in this Law and in the environmental regulations that develop it.

2) Current specific normativity that is not repealed by this law and which is developed under the Law.

3) State entities responsible for environmental policy and action, as outlined in the Law.

4) Community and non-governmental organizations related to environmental issues.

5) The sources and economic resources for the management and recovery of the environment.

6) Public, private or mixed entities that carry out information production, scientific research and technological development activities in the environmental field.

The national government will regulate the organization and operation of the National Environmental System, SINA.

PARAGRAFO. For all the effects the hierarchy in the National Environmental System, SINA, will follow the following descending order: Ministry of Environment, Regional Autonomous Corporations, Departments and Districts or municipalities.

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ARTICLE 5o. MINISTRY FUNCTIONS. Corresponds to the Ministry of the Environment:

1) Formulate national policy in relation to the environment and renewable natural resources, and establish the rules and criteria for the environmental management of the territory and the adjacent seas, to ensure the exploitation sustainable natural resources and the environment;

2) To regulate general conditions for environmental sanitation, and the use, management, exploitation, conservation, restoration and recovery of natural resources, in order to prevent, suppress, eliminate or mitigate the impact of polluting, deteriorating or destructive activities of the environment or natural heritage;

3) To prepare, with the advice of the National Planning Department, plans, programs and projects that in environmental matters, or in relation to the renewable natural resources and the environmental management of the territory, must be incorporated into the projects of the National Development Plan and the National Plan of Investigations that the government submits to the Congress;

4) To direct and coordinate the process of planning and the harmonious execution of environmental activities, of the entities belonging to the National Environmental System, SINA;

5) To establish the environmental criteria that must be incorporated in the formulation of the sectoral policies and in the planning processes of the other Ministries and entities, prior to their consultation with these agencies;

6) To formulate, in conjunction with the Ministry of Health, national population policy; to promote and coordinate with this programme of population growth control and to evaluate and monitor national demographic statistics;

7) To formulate, jointly with the Ministry of Economic Development the national policy of human settlements and urban expansion, with the Ministry of Agriculture the policies of colonization and with the Ministry of Foreign Trade, foreign trade policies affecting renewable natural resources and the environment.

8) Evaluate the scope and economic effects of environmental factors, their incorporation into the market value of goods and services, and their impact on the development of the national economy and its external sector; its cost on medium and medium-sized projects; large infrastructure, as well as the economic cost of deterioration and conservation of the environment and renewable natural resources and conduct research, analysis and economic and fiscal studies in relation to resources Budget and financial sector for the environmental management sector and with taxes, fees, contributions, Fines and incentives with the related rights;

9) Adopt, in conjunction with the Ministry of National Education, from January 1995, the teachers ' plans and programmes and the pensum that at the various levels of national education will be brought forward in relation to the environment and the renewable natural resources, to promote non-formal and non-formal education and outreach programmes with the Ministry;

10) Determine the minimum environmental standards and general environmental regulations to which urban centers and human settlements and mining, industrial, transportation and general activities should be subject to. service or activity that may directly or indirectly generate environmental damage;

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

12) Exorder and update the appropriate zoning status of the territory for its proper management and national land use regulations regarding its environmental aspects and set general guidelines for the Management of river basins and other areas of special management;

13) Define the implementation of programs and projects that the Nation, or is in association with other public entities, should advance for environmental sanitation or in relation to management, exploitation, conservation, recovery or protection of renewable natural resources and the environment;

14) Define and regulate the administrative instruments and mechanisms necessary for the prevention and control of environmental deterioration factors and determine the criteria for the evaluation, monitoring and environmental management of activities economic;

15) Evaluate environmental studies and issue, deny or suspend the relevant environmental license, in the cases referred to in Title VIII of the present law;

16) To exercise discretionary and selectively, when circumstances warrant, on matters assigned to Regional Autonomous Corporations, the assessment and preventive control, current or later, of the effects of environmental deterioration that may be submitted for the implementation of development activities or projects, as well as for the exploration, exploitation, transport, benefit and use of renewable and non-renewable natural resources and to order the suspension of work or activities when there is a place to do so;

17) Contreating, when necessary for the performance of their functions, the development of research and environmental and environmental process monitoring studies and the evaluation of environmental impact studies;

18) Reserve, align and subtract the areas that make up the National Natural Park System and national forest reserves, and regulate their use and operation.

19) Manage the areas of the Natural National Park System, ensure the protection of the natural heritage and the biodiversity of the nation, as well as the conservation of areas of special ecosystem importance;

20) Coordinate, promote and guide research actions on the environment and renewable natural resources, establish the Environmental Information System, and organize the inventory of biodiversity and genetic resources national; promote research on alternative sustainable development models; exercise the Technical and Administrative Secretariat of the National Environment and Habitat Science Programme Board;

21) Regular, in accordance with the law, the obtaining, use, handling, investigation, import, export, as well as the distribution and trade of species and genetic strains of wild fauna and flora; regulate the import, export and trade of such genetic material, establish control and surveillance mechanisms and procedures, arrange for the payment or recognition of rights or royalties that are caused in favor of the Nation by the use of genetic material;

22) Participate with the Ministry of Foreign Affairs in the formulation of international environmental policy and define with this the instruments and procedures of cooperation in the protection of the ecosystems of the areas border; promote relations with other countries in environmental matters and multilateral cooperation for the protection of natural resources and represent the national government in the implementation of International Treaties and Conventions on renewable natural resources and natural resources;

23) Adopt the necessary measures to ensure the protection of wild flora and fauna species; to take the necessary forecasts to protect endangered species or to be endangered; and to issue certificates to be issued refers to the International Convention on the Trade in Endangered Species of Wild Fauna and Flora (CITES);

24) Regular conservation, preservation, use and management of the environment and renewable natural resources, in marine and coastal areas, and coordinate the activities of entities in charge of research, protection and management of the the marine environment, its living resources, and the coasts and beaches; it is also responsible for regulating the conditions for the conservation and management of cienagas, swamps, lakes, lagoons, and other continental water ecosystems;

25) Set maximum permissible emission limits, discharge; transport or deposition of substances, products, compounds or any other material which may affect the environment or renewable natural resources; prohibit, restrict or regulate the manufacture, distribution, use, disposal or discharge of substances causing environmental degradation. The ceilings shall be established on the basis of technical studies, without prejudice to the precautionary principle;

26) Exorder environmental regulations for the distribution and use of chemical or biological substances used in agricultural activities;

27) Acquire for the System of Natural National Parks or for the cases expressly defined by this law, property of private property and the assets of the entities governed by public law; advance to the competent authority the expropriation of goods for reasons of public utility or social interest as defined by law, and to impose the easements to which there would be;

28) Take the register of non-profit entities that are created in order to protect or collaborate in the protection of the environment and renewable natural resources;

29) Set the minimum rate of fees for the use and use of renewable natural resources referred to in the National Code of Renewable Natural Resources and Environmental Protection Decree Law 2811 of 1974, the present law and the rules that modify or add them;

30) Determine the factors of calculation in Article 19 of the National Code of Renewable Natural Resources and Environmental Protection, Decree-Law 2811 of 1974, on the basis of which they are to be established the rates and rate ranges of the fees created by the law;

31) To address discrepancies between entities belonging to the National Environmental System, which arise as a result of the exercise of functions and establish criteria or take decisions when conflicts arise between them in relation to the application 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 the activities of the private sector to the environmental goals provided by the government; to define the cases in which there is a conclusion of agreements for the implementation of compliance with public or private companies to adjust technologies and mitigate or eliminate polluting factors and to set the rules for compliance with the commitments resulting from such conventions. To promote the formulation of industrial conversion plans linked to the implementation of environmentally sound technologies and to the implementation of decontamination, recycling and waste reuse activities;

33) Promote, in coordination with competent and related entities, the implementation of programs to replace non-renewable natural resources, for the development of non-polluting and degrading energy generation technologies;

34) Define, in conjunction with the tourism authorities, the regulations and tourism programs that may be developed in areas of reserve or special management; determine the protected areas or natural assets that may be used tourism, the rules to be subject to the conventions and concessions of the case, and the uses compatible with those same goods;

35) Make evaluation, monitoring and control of ecological risk factors and of those that can, influence the occurrence of natural disasters and coordinate with other authorities actions to prevent the emergency or to prevent extent of its effects;

36) Approve the statutes of Regional Autonomous Corporations and the reforms that modify or add them and exercise on them due inspection and surveillance;

37) Manage the National Environmental Fund (FONAM) and the Amazon Environmental Fund;

38) To monitor that the study, exploration and investigation of nationals or foreigners with respect to our renewable natural resources respects the national sovereignty and rights of the Colombian nation over its genetic resources;

39) Dictate regulations to prevent the manufacture, import, possession and use of chemical, biological and nuclear weapons, as well as the introduction to the national territory of nuclear waste and toxic waste or by-products thereof;

40) To fix, as a matter of priority, the environmental policies for the Colombian Amazon and the Biogeographic Collision, in accordance with the national interest of preserving these ecosystems.

41) Promote in coordination with the Ministry of Government, the implementation of environmental management programs and projects for disaster prevention, so that the activities of the entities of the National System are coordinated Environmental and the National System for Disaster Prevention and Prevention, created by Law 46 of 1988 and regulated by Decree-Law 919 of 1989;

42) Set global quotas and determine species for the use of natural forests and the collection of specimens of wild flora and fauna, taking into account the supply and the capacity to renew these resources, based on Regional Autonomous Corporations shall grant the corresponding permits, concessions and permits for use;

43) To technically establish methodologies for assessing the economic costs of deterioration and conservation of the environment and renewable natural resources;

44) Conduct research and economic studies leading to the identification of investment priorities for environmental management as a basis for guiding public sector spending;

45) To fix, by common agreement with the Ministry of Agriculture and based on the best scientific evidence and statistical information available, the species and the volumes of fishing susceptible to be taken advantage of in the continental waters and in the adjacent seas, on the basis of which the INPA shall issue the corresponding permits for use.

PARAGRAFO 1. As soon as the activities regulated by the Ministry of the Environment can affect human health, this function will be exercised in consultation with the Ministry of Health; and with the Ministry of Agriculture, where animal or plant health may be affected;

PARAGRAFO 2. The Ministry of the Environment, as soon as it is compatible with the powers assigned by this law, will carry out the other functions which, in the field of environmental protection and The Ministry of Agriculture, the Ministry of Health, the Ministry of Health, the Ministry of Mines and Energy, and the National Department of Energy, and the National Department of Energy and the National Department of Energy Planning. The Minister of the Environment will replace the INDERENA Manager in the Boards and Directors of the Environment that is party to the provisions of the law, regulations or statutes;

PARAGRAFO 3. The policy of forest crops for commercial purposes, of introduced or indigenous species, will be established by the Ministry of Agriculture on the basis of the National Environmental and Natural Resources Policy. Renewable as established by the Ministry of the Environment;

PARAGRAFO 4. The Ministry of the Environment will coordinate the development of the National Forest Development Plan project under Law 37 of 1989. Likewise, it is up to the Ministry of the Environment to structure, implement and coordinate the National Forest Service created by the Law.

For the purposes of this paragraph, the National Government shall submit to the Congress of the Republic any additions, modifications or updates it deems relevant to the Congress of the Republic within six months of the validity of this Law. (a) to apply to Law 37 of 1989, before the implementation of its provisions is initiated.

PARAGRAFO 5. All programs and projects that the National Department of Planning ahead in the field of renewable natural resources and the environment, including those concerning the forest area, and those that go ahead In these areas with external credit resources, or International Cooperation, they will be transferred to the Ministry of the Environment and Regional Autonomous Corporations in accordance with the competences defined in this Law and from the current of the same;

PARAGRAFO 6. When the use of non-renewable natural resources is restricted by administrative provision of the Ministry of the Environment or other environmental authority, the other authorities shall be ordered to officiate. carry out the real estate, mining and similar registration in order to unify the required information.

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

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ARTICLE 7o. THE ENVIRONMENTAL MANAGEMENT OF THE TERRITORY. It is understood by environmental law of the territory for the effects foreseen in this law, the function attributed to the State of regulating and orienting the process of design and planning of use of the territory and the nation's renewable natural resources, in order to ensure their proper exploitation and sustainable development.

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ARTICLE 8o. OF THE PARTICIPATION IN THE CONPES. The Minister of the Environment will be a member, with the right to vote, of the National Council for Economic and Social Policy (CONPES).

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ARTICLE 9o. ORDER OF PRECEDENCE. The Ministry of the Environment created by this Law will continue in order of precedence to the Ministry of National Education.

TITLE III.

ENVIRONMENT MINISTRY STRUCTURE

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ARTICLE 10. ADMINISTRATIVE STRUCTURE OF THE MINISTRY. 20 of Decree 1687 of 1997 >

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ARTICLE 11. OF THE CABINET COUNCIL. 20 of Decree 1687 of 1997. The text of the paragraph that continues to apply is as follows: >

PARAGRAFO 1. The Environmental Policy Advisory Technical Council. Create the Technical Advisory Council for Environmental Policy and Regulations, attached to the Office of the Minister of the Environment. The Council shall be chaired by the Deputy Minister, composed of two representatives of the universities, experts in scientific and technological matters and representatives of the industrial, agricultural and mine production associations. (a) the oil and gas sector, as a result of the regulation issued by the National Government. This Council will have a technical secretariat composed of two professionals with a high technical level and extensive experience, who will be appointed by the Minister of the Environment. The Advisory Board will have as its main function to advise the Minister on the environmental feasibility of projects of national interest, of the public and private sectors, and on the formulation of policies and the issuance of environmental standards.

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ARTICLE 12. THE FUNCTIONS OF THE MINISTRY ' S OFFICES. The regulations will distribute the functions among the various dependencies of the ministry, in accordance with its nature and in the development of the functions attributed to it by this Law.

TITLE IV.

ENVIRONMENTAL NATIONAL COUNCIL

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ARTICLE 13. THE NATIONAL ENVIRONMENTAL COUNCIL. To ensure intersectoral coordination at the public level of the policies, plans and programs in environmental and renewable natural resources, create the National Environmental Council, which will be integrated by the following members:

-The Environment Minister, who will chair him.  

-The Minister of Agriculture.

-The Minister of Health.

-The 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 Defense.

-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 representative of the Colombian Federation of Municipalities.

-The President of the National Oceanography Council.  

-A representative of Indigenous communities.

-A representative of the Black communities.

-A representative of the agricultural production guilds.  

-A representative of the industrial production guilds.

-The President of ECOPETROL or its delegate.

-A representative of the Minera production guilds.  

-A representative of the exporters ' guilds.

-A representative of non-governmental environmental organizations.

-A representative of the University elected by the National Council of Higher Education, CESU.

-A representative of the forest activity guilds.

The participation of the Minister of the Environment in the National Council of the Environment is inselectable. The other member ministers will only be able to delegate their representation to the Vice-Ministers; the Director of the National Planning Department in the Head of the Environmental Policy Unit. The Council shall meet at least once every six months.

The sessions of the National Environmental Council may be invited, with a voice but without a vote, to the public officials and other persons that the Council considers appropriate, for the best illustration of the different issues in which it should be make decisions and make recommendations.

The Council shall establish councils at the level of the various territorial entities for purposes similar to those which it complies with in the national order and respecting in its integration the criteria laid down in this Article, participation in the various sectors of civil society and the government.

El Tiempo] The National Government will regulate the periodicity and the way in which the representatives of the territorial entities, the unions, the ethnic groups, the universities and the non-governmental organizations will be elected to the National Council. Environmental.

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ARTICLE 14. COUNCIL FUNTIONS. The National Environmental Council shall be responsible for the following functions:

1) Recommend the adoption of measures to harmonize environmental regulations and decisions with the implementation of economic and social development projects by the various productive sectors in order to ensure their sustainability and minimize its impact on the media;

2) To recommend to the National Government the policy and mechanisms for coordinating the activities of all public and private entities and bodies whose functions affect or are likely to affect the environment and renewable natural resources;

3) Formulate the recommendations it considers in the case to adapt the use of the territory and the plans, programs and projects of construction or public infrastructure to an appropriate and sustainable use of the environment and the natural heritage of the nation;

5) Designate cross-sectoral technical committees involving technical level officials of the appropriate entities to bring forward coordination and monitoring tasks;

6) Give yourself your own regulations, which must be approved by the National Government.

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ARTICLE 15. TECHNICAL SECRETARIAT. The Technical Secretariat of the Environmental National Council will be exercised by the Deputy Minister of the Environment.

The functions of the Technical Secretariat, in addition to those incorporated in the regulations of the National Environmental Council, will be as follows:

1) Act as Secretary at the meetings of the Council and its committees and subscribe to the minutes;

2) Convocation Council sessions in accordance with the regulations and instructions given by its President;

3) Submit to the Council the reports, studies and documents to be examined;

4) Those that the Council assigns to you.

TITLE V.

MINISTRY SCIENTIFIC AND TECHNICAL SUPPORT

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ARTICLE 16. OF THE SCIENTIFIC ENTITIES ATTACHED TO AND LINKED TO THE MINISTRY OF THE ENVIRONMENT. The Ministry of the Environment will have the following scientific entities attached and linked:

a) The Institute of Hydrology, Metereology and Environmental Studies, IDEAM;

b) The Institute of Marine and Coastal Research "José Benito Vives de Andreis" INVEMAR;

c) The "Alexander von Humboldt" Biological Resources Research Institute;

d) The Amazon Institute of Scientific Research "Sinchi";

e) The Pacific Environmental Research Institute "John von Neumann".

PARAGRAFO. The Ministry of the Environment will also have the scientific and technical support of the environmental research centers and the public and private universities and in particular of the Institute of Natural Sciences of the National University and the University of the Amazon.

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ARTICLE 17. FROM THE INSTITUTE OF HYDROLOGY, METEROLOGY AND ENVIRONMENTAL STUDIES, IDEAM. Create the Institute of Hydrology, Metereology and Environmental Studies, IDEAM, which will be organized as a national public establishment attached to the Ministry of the Environment, with administrative autonomy, legal status and independent heritage, responsible for the lifting and management of scientific and technical information on the ecosystems that form part of the country's environmental heritage, as well as how to establish the technical basis for classifying and zoning the use of national territory for the purposes of the planning and management of the territory.

IDEAM should obtain, analyze, study, process and disseminate basic information on hydrology, hydrogeology, meteorology, basic geography on biophysical aspects, geomorphology, soils and plant cover for management and use of the Nation's biophysical resources and will be responsible for the establishment and operation of national meteorological and hydrological infrastructures to provide information, predictions, advisories and advisory services to the community.

It is up to this institute to carry out the monitoring, of the biophysical resources of the nation especially regarding its contamination and degradation, necessary for the decision-making of the environmental authorities;

PARAGRAFO 1. Transfer to the IDEAM the functions that on the production, processing and analysis of basic geographic information of biophysical aspects comes by performing the Geography Subdirection of the Geographic Institute Agustin Codazzi, IGAC, together with its archives, facilities, laboratories and other related goods;

PARAGRAFO 2. Transfer to the IDEAM the functions that in the field of hydrology and meteorology are currently assigned the Colombian Institute of Hydrology, Meteorology and Land Adequation, HIMAT, which in the hereinafter referred to as the National Land Adequation Institute, INAT. Transfer to the IDEAM all information, files, laboratories, information processing centers, means of transport, infrastructure and hydrological and meteorological equipment, installations and other elements that currently has the HIMAT related to their hydrological and meteorological activities;

PARAGRAFO 3. Transfer to the IDEAM the functions that on general basic research on natural resources comes the INDERENA and specifically the research that on forest resources and Soil conservation plays the Forest and Development Submanagements;

PARAGRAFO 4. Transports to the IDEAM the functions that in the field of groundwater have been assigned the Institute of Research in Geosciences, Mining and Chemistry INGEOMINAS, without prejudice to the activities that the INGEOMINAS will continue to advance within the programs of exploration and evaluation of the subsoil resources.

INGEOMINAS should provide IDEAM with all available information on groundwater, and the information available at the National Hydrogeological Data Bank.

The basic structure of the IDEAM will be established by the National Government;

PARAGRAFO 5. The IGAC will lend to the IDEAM and the Ministry of the Environment the support that will have all the requirements in relation to the agricultural information by that Institute.

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ARTICLE 18. FROM THE INSTITUTE OF MARINE AND COASTAL RESEARCH "JOSÉ BENITO VIVES DE ANDREIS", INVEMAR. The Instituto de Investigaciones Marinas de Punta Betin "José Benito Vives de Andreis", INVEMAR, public establishment under Decree 1444 of 1974 to the Colombian Fund for Scientific Research and Special Projects Francisco José de Caldas, COLCIENCIAS, will be referred to as the "José Benito Vives de Andreis" Institute of Marine and Coastal Research, INVEMAR, whose main headquarters be the city of Santa Marta, and establish a headquarters in Covenas, Department of Sucre, and another in the city of Buenaventura, in the Litoral Pacific. The INVEMAR will be reorganized as a non-profit corporation, according to the terms established by Law 29 of 1990 and Decree 393 of 1991, linked to the Ministry of the Environment, with administrative autonomy, legal status and own heritage. Public and private entities, corporations and non-profit foundations of a private nature, and national and international non-governmental organizations, as well as the Regional Autonomous Corporations that have the following, may be associated with the Institute. jurisdiction over the littoral and island areas.

INVEMAR will have as its main commission the basic and applied environmental research of renewable natural resources and the environment and the coastal and oceanic ecosystems of the seas adjacent to the national territory. The INVEMAR will issue technical concepts on the conservation and sustainable use of marine resources, and will provide scientific and technical advice and support to the Ministry, territorial entities and Regional Autonomous Corporations.

The Ministry of the Environment will promote and create a network of marine research centers, in which all the entities that carry out research activities in the Colombian littoral participate will participate. rational of all the scientific capacity that the country already has in this field.

PARAGRAFO 1. The Nation will appropriate the resources and transfers necessary to address the operating and investment expenses of INVEMAR annually in the chapter corresponding to the Ministry of the Environment.

PARAGRAFO 2. The National Government will fix the contributions that the Regional Autonomous Corporations with jurisdiction over the littoral and maritime areas of the national territory will have to make to the constitution of the INVEMAR Civil Corporation.

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ARTICLE 19. FROM THE INSTITUTE OF BIOLOGICAL RESOURCES RESEARCH "ALEXANDER VON HUMBOLDT". Create the "Alexander von Humboldt" Biological Resources Research Institute, which will be organized as a non-profit, character-based Civil Corporation. public but subject to the rules of private law, linked to the Ministry of the Environment, with administrative autonomy, legal personality and own patrimony, organized according to the provisions of Law 29 of 1990 and Decree 393 of 1991, responsible for carrying out basic and applied research on the genetic resources of flora and national fauna and to raise and form the scientific inventory of biodiversity throughout the national territory.

The Research Institute of Biological Resources "Alexander von Humboldt" will be responsible for the scientific and applied research of the biotic and hydrobiological resources in the continental territory of the Nation. The Institute will have to create, in the regions not covered by other specialized research entities, that it deals with the present Law, research stations of the national macroecosystems and support with technical advice and transfer of technology to the Regional Autonomous Corporations, the Departments, the Districts, the Municipalities and other entities entrusted with the management of the environment and the renewable natural resources.

The research that the Institute forward and the information bank that will result will be the basis for the lifting and formation of the national biodiversity inventory.

Move to the Research Institute of Biological Resources "Alexander von Humboldt" the functions that in research on biotic resources was coming from the INDERENA, as well as the information, facilities, files, laboratories and other elements with this related.

PARAGRAFO. The Nation will appropriate the resources and transfers necessary to meet the Institute's operating and investment expenses annually in the chapter corresponding to the Ministry of the Environment.

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ARTICLE 20. THE AMAZON INSTITUTE OF SCIENTIFIC RESEARCH "SINCHI". Transforms the Colombian Corporation for the Amazon, Araracuara -COA, in the Amazon Institute of Scientific Research "Sinchi" which will be organized as a Corporation Civil non-profit, of a public nature but subject to the rules of private law, organized in the terms established by Law 29 of 1990 and Decree 393 of 1991, linked to the Ministry of the Environment, with administrative autonomy, legal status and own assets. Public entities, corporations and non-profit foundations, national and international non-governmental organizations, universities and centers of international organizations will be able to associate with the Amazon Institute of Scientific Research "Sinchi". scientific research, interested in the research of the Amazonian environment.

The Institute will aim to carry out and disseminate studies of high-level scientific research related to the biological, social and ecological reality of the Amazon region.

Transfer to the Amazon Institute of Scientific Research "Sinchi" the facilities, movable and immovable property and other rights and obligations of the Araracuara -COA Corporation.

The Institute will have its headquarters in Leticia City and will establish a sub-headquarters in the Department of Vaupes.

The Institute will associate the University of the Amazon in its scientific research activities.

PARAGRAFO. The Nation will appropriate the resources and transfers necessary to meet the Institute's operating and investment expenses annually in the chapter corresponding to the Ministry of the Environment.

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ARTICLE 21. THE ENVIRONMENTAL RESEARCH INSTITUTE OF THE PACIFIC "JOHN VON NEUMANN". Create the Pacific Environmental Research Institute "John von Neumann" which will be organized as a non-profit, public civil corporation but subject to the rules of private law, organized in the terms established by Law 29 of 1990 and Decree 393 of 1991, linked to the Ministry of the Environment, with administrative autonomy, legal personality and own patrimony. Public entities, corporations and non-profit foundations, national and international non-governmental organizations, universities and research centers may be associated with the Environmental Research Institute of the Pacific. Scientific research, interested in the research of the environment of the Pacific coast and of the Biogeographic Collision.

The institute will have its main headquarters in the city of Quibdo in the Department of Choco.

The Pacific Environmental Research Institute "John von Neuman" will associate research with the Institute of Pacific Studies at the University of Valle.

PARAGRAFO 1. The Nation will appropriate the resources and transfers necessary to address the Institute's operating and investment expenses annually in the chapter corresponding to the Ministry of the Environment.

PARAGRAFO 2. As of the validity of this Law, the "John von Neuman" Institute will take over the BIOPIFIC project today in charge of INDERENA.

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ARTICLE 22. PROMOTION AND DISSEMINATION OF THE ENVIRONMENTAL EXPERIENCE OF TRADITIONAL CULTURES. The Ministry and Institutes of Scientific Nature will encourage the development and dissemination of knowledge, values and technologies on environmental and environmental management. natural resources, indigenous cultures and other ethnic resources.

TITLE VI.

REGIONAL AUTONOMOUS CORPORATIONS

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ARTICLE 23. A LEGAL NATURE. Regional Autonomous Corporations are public entities of a public nature, created by the law, integrated by the territorial entities which by their characteristics constitute geographically a single ecosystem or make up a geopolitical, biogeographical or hydrogeographic unit, endowed with administrative and financial autonomy, own patrimony and legal status, entrusted by the law to administer, within the area of its jurisdiction, the environment and renewable natural resources and to promote its sustainable development, compliance with the legal provisions and policies of the Ministry of the Environment.

Except for the legal regime applicable to the Regional Autonomous Corporations, the Regional Autonomous Corporation of the Rio Grande de la Magdalena, created by the article 331 of the National Constitution, whose special regime shall be established by law.

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ARTICLE 24. OF THE MANAGEMENT AND ADMINISTRATIVE BODIES. Regional Autonomous Corporations will have three main management and administration bodies to know: a. The Corporate Assembly; b. The Board of Directors; and c. The Director General.

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ARTICLE 25. OF THE corporate ASSEMBLY. It is the principal governing body of the Corporation and will be composed of all legal representatives of the territorial entities of its jurisdiction.

The members of the Corporate Assembly of a Regional Autonomous Corporation will have in their deliberations and decisions a right to vote proportional to the annual income contributions or to those who for any cause or concept have made the Corporation, the territorial entity to which they represent, within the year before the date of the corresponding session. If such contributions exceed 25% of the total received by the Corporation, this right to vote will be limited to 25% of the rights represented in the Assembly.

They are functions of the Corporate Assembly: a. To elect the Board of Directors that deal with the literals d, and e, of article 26 of this Law; b. Designate the tax reviewer or internal auditor of the Corporation; c. Know and approve the management report of the administration; d. To know and approve the results accounts for each annual period; and. Adopt the statutes of the Corporation and the reforms introduced to it and submit them to the approval of the Ministry of the Environment; f. The others to be laid down by the regulations.

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ARTICLE 26. OF THE COUNCIL DIRECTIVE. It is the board of directors of the Corporation and will consist of:

a. The governor or the governors of the departments on whose territory the Regional Autonomous Corporation, or its delegate or delegates, exercises jurisdiction. It shall be for the governor or his delegate to chair the Board of Directors. If the governors were several, the statutes shall define the terms of the Chair of the Board of Directors;

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 within the jurisdiction of the corporation, elected by the Corporate Assembly, for periods of one (1) year for the electoral system, so that they remain represented all the departments or regions that make up the corporation. If the territory of the Corporation comprises a plural number of departments, the participation shall be defined in an equitable manner in accordance with the regulations issued by the National Government;

e. Two (2) private sector representatives;

f. One (1) representative of the indigenous or ethnic communities traditionally settled in the jurisdiction of the Corporation, elected by themselves;

g. Two (2) representatives of the non-profit entities, who have their domicile in the area of jurisdiction of the Corporation and whose main object is the protection of the environment and the renewable natural resources, chosen by themselves.

PARAGRAFO 1. The representatives of the literals f, and g, will be chosen according to the regulations that the Ministry of the Environment will issue on the particular subject;

PARAGRAFO 2. In the formation of the Regional Autonomous Corporations ' Directive Councils, the provisions of Law 70 of 1993 will be taken into account.

PARAGRAFO 3. transiently to Article 4 of Decree 4629 of 2010. The new text is as follows: > Any decision of spending that will fall on resources directly or indirectly from the Nation, must count on the favorable vote of the representative of the President of the Republic, until the works have been completed. of planned reconstruction and protection and the survivors of the winter wave have been fully cared for.

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ARTICLE 27. OF THE FUNCTIONS OF THE BOARD OF DIRECTORS. They are functions of the Board of Directors of Regional Autonomous Corporations:

a. Propose to the Corporate Assembly the adoption of the statutes and their reforms;

b. Determine the Corporation's staffing plant;

c. To have the participation of the Corporation in the constitution and organization of societies or associations and foundations or the entrance to the existing ones;

d. 32 of Law 1150 of 2007 >

e. Arrange for the hiring of external credits;

f. Determine the internal structure of the Corporation for which you can create, delete and merge dependencies and assign them responsibilities under the law;

g. Approve the incorporation or subtraction of areas in which the item is numbered 16 in article 31 of this law;

h. Authorize the delegation of functions of the entity;

i. Approve the overall activity plan and the annual investment budget;

j. To appoint according to the following article or to remove in accordance with the statutes, to the Director General of the Corporation.

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ARTICLE 28. FROM THE DIRECTOR GENERAL OF REGIONAL AUTONOMOUS CORPORATIONS OR SUSTAINABLE DEVELOPMENT. 1 of Law 1263 of 2008. The new text is as follows: > The Director General will be the Corporation's legal representative and its first executive authority. He will be appointed by the Board of Directors for a period of four (4) years, counted from 1 January 2012, and may be re-elected for one time.

PARAGRAFO 1o. The period of the Board members that treat literals (e), (f), and (g) of Article 26 of Act 99, 1993, shall be equal to that of the Director of the Corporation Regional or Sustainable Development Autonomous., and may be reeligible.

PARAGRAFO 2o. The process of choosing the Directors of Regional Autonomous Corporations or Sustainable Development, should be carried out by the Board of Directors in the quarter immediately before the beginning of the period respective institutional.

PARAGRAFO 3o. The process of choosing representatives of the private sector, before the Directing Council of Regional Autonomous Corporations or Sustainable Development, will have to be carried out by the members of the private sector. sector.

TRANSIENT PARAGRAPH.

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ARTICLE 29. FUNCTIONS OF THE DIRECTOR GENERAL. It is the functions of the Directors-General, as mentioned in the laws, in the regulations and in the respective statutes. In particular they are:

1. Direct, coordinate and control the activities of the entity and exercise its legal representation;

2. Comply with and enforce the decisions and agreements of the Board of Directors;

3. Present for study and approval of the Board of Directors the plans and programs that are required for the development of the object of the Corporation, the draft budget, as well as the projects of administrative organization and plant of personnel of the same;

4. Submit to the Board of Directors the draft rules of procedure;

5. Order the costs, dictate the acts, perform the operations and conclude the contracts and agreements that are required for the normal functioning of the entity;

6. To constitute agents or proxies representing the Corporation in judicial and other matters of a litigious nature;

7. Delegate to officials of the entity the exercise of certain functions, subject to the authorization of the Board of Directors;

8. Name and remove Corporation staff;

9. Manage and ensure the proper use of the assets and funds that constitute the Corporation's assets;

10. To report to the Minister of the Environment, in the manner determined by him, on the state of execution of the functions that correspond to the Corporation and the general and periodic reports or specific reports requested, on the activities developed and the overall situation of the entity;

11. Submit to the Board of Directors any reports requested on the implementation of the Corporation's plans and programs, as well as its financial situation, in accordance with the statutes;

12. The other that the statutes of the Corporation point out to him and that they are not contrary to the Law.  

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ARTICLE 30. OBJECT. All Regional Autonomous Corporations shall be responsible for the implementation of policies, plans, programmes and projects on the environment and renewable natural resources, as well as to implement and implement the provisions of this Regulation. The Ministry of the Environment, Public Health and Consumer Protection, is currently in force on its disposal, administration, management and use, in accordance with regulations, guidelines and guidelines issued by the Ministry of the Environment.

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ARTICLE 31. FUNTIONS. Regional Autonomous Corporations will perform the following functions:

1) To implement national environmental policies, plans and programs defined by the approval of the National Development Plan and the National Investment Plan or by the Ministry of the Environment, as well as those of the regional order who have been entrusted to him under the law, within the scope of his jurisdiction;

2) To exercise the function of maximum environmental authority in the area of its jurisdiction, in accordance with the higher standards and according to the criteria and guidelines laid down by the Ministry of the Environment;

3) Promote and develop community participation in environmental protection, sustainable development and appropriate management of renewable natural resources;

4) Coordinate the process of preparation of the plans, programs and environmental development projects to be formulated by the various organizations and integrated entities of the National Environmental System (SINA) in the area of its jurisdiction and in special, advise the Departments, districts and municipalities of their territorial understanding in the definition of environmental development plans and in their programs and projects in the field of environmental protection and natural resources renewable, so as to ensure the harmony and coherence of the policies and actions taken by the different territorial entities;

5) Participate with the other competent bodies and bodies in the field of their jurisdiction, in the planning and territorial planning processes so that the environmental factor is taken into account in the decisions that are taken;

6) To conclude contracts and agreements with territorial entities, other public and private entities, and with non-profit entities whose object is the defense and protection of the environment and renewable natural resources, with the aim of perform better or some of their functions, when they do not correspond to the exercise of administrative functions;

7) Promote and jointly with the national agencies attached to and linked to the Ministry of the Environment, and with the technical and scientific support entities of the National Environmental System (SINA), studies and research in the field environment and renewable natural resources;

8) Advise territorial entities in the formulation of formal environmental education plans and implement non-formal environmental education programs, in accordance with national policy guidelines;

9) Grant concessions, permits, authorizations and environmental licenses required by the Law for the use, exploitation or mobilization of renewable natural resources or for the development of activities that affect or may affect the environment environment. Grant permits and concessions for forest exploitation, concessions for the use of surface water and groundwater, and establish vedas for sport hunting and fishing;

10) To fix in the area of their jurisdiction the permissible limits for the emission, discharge, transport or deposition of substances, products, compounds or any other matter which may affect the environment or renewable natural resources; and prohibit the restriction or regulation of the manufacture, distribution, disposal or disposal of substances causing environmental degradation. These limits, restrictions and regulations in no case may be less stringent than those defined by the Ministry of the Environment.

11) Exercise the environmental assessment, control and monitoring functions of the activities of exploration, exploitation, profit, transport, use and deposit of non-renewable natural resources, including port activity, the competencies attributed to the Ministry of the Environment, as well as other activities, projects or factors that generate or may generate environmental deterioration. This function includes the issue of the respective environmental license. The functions referred to in this numeral shall be exercised in accordance with article 58 of this Law.

12) Exercise the functions of environmental assessment, control and monitoring of water, soil, air and other renewable natural resources, which will include the discharge, emission or incorporation of liquid substances or residues, solid and gaseous, to water in any of its forms, to the air or to the soil, as well as to the verities or emissions which may cause damage or to endanger the normal sustainable development of renewable natural resources or to prevent or To hinder their use for other uses, these functions include the issue of the respective licences environmental, grant permissions, authorizations, and laissez-passer;

13) To collect, in accordance with the law, the contributions, fees, duties, fees and fines for the use and use of renewable natural resources, to fix their amount in the territory of their jurisdiction based on the minimum rates established by the Ministry of the Environment;

14) Exercise control of the mobilization, processing and marketing of renewable natural resources in coordination with the other Regional Autonomous Corporations, territorial entities and other police authorities, with compliance with the law and regulations; and issue permits, licenses and laissez-passer for the mobilisation of renewable natural resources;

15) Administer, under the tutelage of the Ministry of the Environment, the areas of the National Park Systems that this Ministry delegates to them. This administration may be made with the participation of territorial and civil society entities.

16) Reserve, align, administer, or subtract, in terms and conditions that set the law and regulations, the integrated management districts, the districts soil conservation, forest reserves and regional natural parks, and regulate their use and operation. Administer the National Forest Reserves in the area of their jurisdiction.

17) Impose and execute on prevention and without prejudice to the powers conferred by the law on other authorities, the police measures and the penalties provided for in the law, in case of violation of the norms of environmental protection and management of renewable natural resources and require, subject to appropriate regulations, the repair of damage caused;

18) Order and establish the standards and guidelines for the management of river basins located within the area of their jurisdiction, in accordance with the higher provisions and national policies;

19) Promote and execute irrigation, water, defense against floods, regulation of water flows and flows, and land recovery that are necessary for the defense, protection and proper management of basins hydrographs of the territory of its jurisdiction, in coordination with the managing and implementing bodies of the National Land Adequation System, in accordance with the relevant legal provisions and technical provisions;

When it comes to irrigation and settlement works that according to the regulations and regulations require Environmental License, it must be issued by the Ministry of the Environment.

20) Run, manage, operate and maintain in coordination with the territorial entities, projects, sustainable development programs and infrastructure projects whose implementation is necessary for the defense and protection or for the decontamination or recovery of the environment and renewable natural resources;

21) Advance in coordination with the authorities of the indigenous communities and with the authorities of the lands traditionally inhabited by black communities, as referred to in Law 70 of 1993, programs and projects for sustainable development and for the management, use, 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 outlined by the Ministry of the Environment;

23) Carry out disaster analysis, monitoring, prevention and control activities, in coordination with other competent authorities, and assist them in environmental aspects in emergency and disaster prevention and care; To bring forward with municipal or district administrations the adequacy of urban areas in high-risk areas, such as erosion control, flow management and reforestation;

24) Transfer technology resulting from research that advances scientific research and technical support entities of the national level that are 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 form that the regulations establish and in accordance with the guidelines established by the Ministry of the Environment;

25) Impose, distribute and collect the contributions of valorization with which the property is to be recorded, for the purpose of the execution of public works by the Corporation; to fix the other rights whose collection can do according to the law;

26) Advise territorial entities in the development of environmental projects to be developed with resources from the National Royalty Fund or other such resources;

27) Acquire private property and assets in public law entities and advance to the competent judge the expropriation of goods, once the stage of direct negotiation has taken place, when this is necessary for the compliance with their functions or for the execution of works or projects required for the performance of the works or projects, and to impose the easements to be carried out in accordance with the law;

28) Promote and execute water supply programs to indigenous and black communities traditionally seated in the area of their jurisdiction, in coordination with the competent authorities;

29) Support municipal councils, departmental assemblies, and councils of indigenous territorial entities in the planning functions granted to them by the National Constitution;

30) Other than previously attributed to other authorities, in the field of environment and renewable natural resources, within their respective fields of competence, as soon as they do not conflict with those attributed to the National Constitution. to the territorial entities, or to be contrary to this law or to the powers of which it has invited the Ministry of the Environment.

31) Without prejudice to the privileges of municipalities and districts in relation to zoning and land use, in accordance with the provisions of Article 313 , number seven of the National Constitution, Regional Autonomous Corporations will establish the general rules and maximum densities to which the owners of housing will be held in suburban areas and in hills and mountains, so that the environment is protected. environment and natural resources. Not less than 70% of the area to be developed in these projects shall be for the conservation of existing native vegetation.

32)

PARAGRAFO 1. The Regional Autonomous Corporations that under this Law are transformed, will continue to exercise the functions attributed by the laws that have set up their creation and organization, until when it is defined or The entity shall be the entity which shall assume those functions which cover activities or objects other than those provided for in this Law. From that moment on, regional autonomous corporations will only be able to exercise the functions that this Law attributes to them;

PARAGRAFO 2. Prior declaration of favorable environmental feasibility by the Regional Autonomous Corporation of the respective jurisdiction the Maritime and Port Directorate General of the Ministry of Defense, DIMAR, as an authority National maritime has the function of granting authorizations, permits and concessions for the temporary occupation of the beaches and land of Bajamar;

PARAGRAFO 3. When a Regional Autonomous Corporation has as its main object the defense and protection of the urban environment, it will be able to bring forward with the municipal administrations or district adaptation programs urban areas in high-risk areas, such as erosion control, flow management, and reforestation; likewise, it will be able to manage, manage, operate and maintain the works executed or those that provide or deliver the municipalities or districts for those areas. effects;

PARAGRAFO 4. Regional Autonomous Corporations will perform their tasks in close coordination with the territorial entities and with the bodies to which they have assigned responsibility for their competence;

PARAGRAFO 5. Except as stipulated in item 45 of article 5 and numeral 9 of this article, the ordering, handling, and all other activities related to the activity fishing and its resources, will 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 the Regulatory Decree 2256 of 1991;

PARAGRAFO 6. Regional Autonomous Corporations which by virtue of the new jurisdictional distribution will lose competence over one or more municipalities, will continue to advance the projects in execution until their termination within a maximum period of three years.

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ARTICLE 32. DELEGATION OF DUTIES. The Directivesof the Regional Autonomous Corporations may delegate to other public entities or private legal persons, constituted as non-profit entities, the exercise of functions provided that in the latter case do not involve the exercise of the powers of the administrative authority. The sanctioning faculty is inselectable.

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ARTICLE 33. CREATION AND TRANSFORMATION OF REGIONAL AUTONOMOUS CORPORATIONS. The administration of the environment and renewable natural resources will be in the entire national territory in charge of Regional Autonomous Corporations.

The following Corporations will retain their current naming, venues and territorial jurisdiction:

-Regional Autonomous Corporation of Risaralda (CARDER)

-Regional Autonomous Corporation of Nariño (KONARINO)

-Regional Autonomous Corporation of the North East Frontier (KONOTOR)

-Regional Autonomous Corporation of Tolima (CORTOLIMA)

-Regional Autonomous Corporation of Quindio (CRQ)

-Regional Autonomous Corporation of the Rionegro and Nare Rivers Watersheds (CORNARE)

-Corporación Autónoma Regional de los Valles del Sinu and San Jorge (CVS)

Create the following regional autonomous corporations:

-Corporación Autónoma Regional de la Orinóquia, CORPORINOQUIA: its jurisdiction will comprise the Departments of Arauca, Vichada, Casanare, Meta *, the municipalities of the Department of Cundinamarca, namely: Guayabetal, Quetame, Une, Paratebueno, Chipaque, Caqueza, Fosca, Gutiérrez, Choachi and Ubaque; and the municipalities of Pajarito, Labranzagrande, Paya, Pisba and Cubara of the Department of Boyaca, with the exception of the territory of jurisdiction of the Corporation for the Sustainable Development of the Macarena. It will have its main headquarters in the city of Yopal and subsedes in the municipalities of Arauca in the Department of Arauca, Villavicencio in the Department of Meta * and the spring in the Department of Vichada. The subedes will be operational six months after the main venue. The resources received by CORPORINIA will be distributed equally between the main headquarters and the sub-systems.

-Corporación Autónoma Regional de Sucre, CARSUCRE: will have its main headquarters in the city of Sincelejo; its jurisdiction comprises the territory of the Department of Sucre, with the exception of the municipalities that are within the jurisdiction of the Corporation for the Sustainable Development of the Mojana and the San Jorge OMOJANA.

-Regional Autonomous Corporation of Upper Magdalena CAN: will have its main headquarters in the city of Neiva; its jurisdiction will comprise the Department of Huila;

-Corporación Autónoma Regional del Centro de Antioquia, CORANTIQUITERO will have its main headquarters in the city of Medellin; its jurisdiction will comprise the municipalities of the department of Antioquia with the exclusion of the territory of the municipalities that do Part of the jurisdiction of the Corporation for the Sustainable Development of Uraba, CORPOURABA and the Regional Autonomous Corporation, of the Rionegro and Nare rivers, CORNARE;

-Regional Autonomous Corporation of the Atlantic, CRA, headquartered in the city of Barranquilla; its jurisdiction will comprise the Department of Atlantic;

-Corporación Autónoma Regional de Santander, CAS: will have its main headquarters in the city of San Gil; its jurisdiction will comprise the Department of Santander, with the exclusion of the municipalities that are part of the Regional Autonomous Corporation for the Defense of the Bucaramanga Plateau, CDMB;

-Corporación Autónoma Regional de Boyaca, CORPOBOYACA, will have its main headquarters in the city of Tunja; its jurisdiction will comprise the Department of Boyaca with the exception of the municipalities of Chiquinquira, Saboya, San Miguel de Sema, Caldas, Buenavista and Raquira that are part of the CAR; the municipalities of Pajarito, Labranzagrande, Playa, Pisba and Cubara that are part of CORPORINIA; and the municipalities that belong to the Regional Autonomous Corporation of Chivor CORPOCHIVOR.

-Corporación Autónoma Regional de Chivor, CORPOCHIVOR, will have its main headquarters in Gragoa and its jurisdiction will comprise the municipalities of Ventaquemada, Boyaca, Turmeque, Nuevo Colón, Cienaga, Ramiriqui, Jenesano, Tibana, Umbita, Chinavita, Pachavita, Garagoa, La Capilla, Tenza, Sutatenza, Guateque, Guayata, Somondoco, Almeida, Chivor, Macanal, Santa Maria, San Luis de Gaceno and Campohermoso;

-Corporación Autónoma Regional del Guavio, CORPOGUAVIO, will have jurisdiction in the municipalities of Gachala, Medina, Ubala, Gama, Junin, Gacheta, Fomeque, Mambita and Guasca in the Department of Cundinamarca. Its headquarters will be in the municipality of Gachala.

-Corporación Autónoma Regional del Canal del Dique, CARDIQUE, will have its main headquarters in the district of Cartagena de Indias and its jurisdiction will comprise the district of Cartagena de Indias and the municipalities of Turbaco, Turbana, Arjona, Mahates, San Estanislao de Koztka, Villanueva, Santa Rosa, Santa Catalina, Soplaviento, Calamar, Guamo, Carmen de Bolivar, San Juan, San Jacinto, Zambrano, Córdoba, Maria la Baja in the Department of Bolivar;

-Corporación Autónoma Regional del Sur de Bolívar, CSB, will have its main headquarters in Magangue and its jurisdiction will comprise the territory of the Department of Bolivar with the exception of the municipalities included in the jurisdiction of the Corporation Regional Autonomous Region of the Dique, CARDIQUE.

The following corporations modify their jurisdiction or their current name:

-Regional Autonomous Corporation of Magdalena, AMAG: its jurisdiction comprises the territory of the Department of Magdalena with the exception of the areas included in the jurisdiction of the Sustainable Development Corporation of the Sierra Nevada from Santa Marta;

-Corporación Autónoma Regional del Cesar, CORPOCESAR: its jurisdiction comprises the territory of the Department of Cesar with the exception of the areas included in the jurisdiction of the Corporation for the Sustainable Development of the Sierra Nevada de Santa Marta;

-Corporación Autónoma Regional de la Guajira CORPOGUAJIRA: its jurisdiction comprises the territory of the Department of Guajira with the exception of the areas included in the jurisdiction of the Sustainable Development Corporation of the Sierra Nevada from Santa Marta;

-Corporación Autónoma Regional de Caldas CORPOCALDAS: will have its main 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 main headquarters in the city of Popayán; its jurisdiction will comprise the territory of the Department of Cauca;

-Corporación Autónoma Regional del Valle del Cauca CVC: will have its main headquarters in the city of Cali; its jurisdiction will comprise the territory of the Department of Valle del Cauca;

-Regional Autonomous Corporation of the River Basins of Bogota, Ubate and Suárez, CAR: it will be called the Autonomous Regional Corporation of Cundinamarca, CAR and will have jurisdiction in the Capital District of Santafe of Bogota and the territory of the Department of Cundinamarca, with the exception of the municipalities included in the jurisdiction of the Regional Corporation of Guavio and the municipalities of the Department of Cundinamarca that are part of the jurisdiction of CORPORINIA. Its jurisdiction includes the municipalities of Chiquinquira, Saboya, San Miguel de Sema, Caldas, Buenavista and Raquira in the Department of Boyaca. It will have its main headquarters in the city of Santafe of Bogota, and will establish a sub-headquarters in the city of Fusagasuga;

-Regional Autonomous Corporation of Defense of the Bucaramanga Plateau, CDMB: it will have its headquarters in the City of Bucaramanga and in addition to its current jurisdiction it will have it over the municipality of the Playon.

PARAGRAFO 1. OF THE REGIONS WITH SPECIAL STATUS. The administration of natural resources and the environment in the Amazon region, in the Choco, in the Sierra Nevada de Santa Marta, in the mountain range of Macarena, in the Uraba region, in the Department of the Archipelago of San Andrés, Providencia and Santa Catalina, and in the region of Mojana and San Jorge, will be in charge of Corporations for the sustainable development of the respective regions, which will be organized as Autonomous Corporations Regional, with the special characteristics that this Law for its case establishes;

PARAGRAFO 2. OF THE REGIONAL AUTONOMOUS CORPORATIONS OF THE MAGDALENA RIVER BASIN. The Regional Autonomous Corporations in whose jurisdiction are located municipalities of the Magdalena River, will perform their functions in coordination with the Regional Autonomous Corporation of the Rio Grande de la Magdalena, created by the article 331 of the Political Constitution, and will be delegated to you to ensure the proper use and preservation of the environment, the ichthyological resources and other renewable natural resources in the river basin;

PARAGRAFO 3. THE MANAGEMENT OF COMMON ECOSYSTEMS BY SEVERAL REGIONAL AUTONOMOUS CORPORATIONS. In cases where two or more Regional Autonomous Corporations have jurisdiction over an ecosystem or on a common hydrographic basin, they shall constitute in accordance with the regulations issued by the National Government, a commission the joint task of arranging, harmonizing and defining policies for the corresponding environmental management.

The National Government will regulate the procedures for concertation for the proper and harmonious management of areas of confluence of jurisdictions between the Regional Autonomous Corporations and the National Park System or Reserves.

When two or more Regional Autonomous Corporations are responsible for the management of common ecosystems, their administration must be carried out by means of agreements, in accordance with the guidelines outlined by the Ministry of the Environment;

PARAGRAFO 4. The municipalities of Manta, Tibirita, Macheta, Choconta and SEsquile belonging to the CAR, and the municipalities of Tunja and Samaca that will belong to CORPOBOYACA, will have the right to through the CAR and CORPOBOYACA, to receive from CORPOCHIVOR and for its investment the resources referred to in Articles 43 and 45 of this Law, corresponding to the water supply they give to the Chivor dam.

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ARTICLE 34. FROM THE CORPORATION FOR THE SUSTAINABLE DEVELOPMENT OF THE NORTH AND THE AMAZON-CDA. Create the Corporation for the Sustainable Development of the North and East of the Amazon -CDA, which will be organized as a Regional Autonomous Corporation. subject to the scheme covered by this Article.

The Regional Autonomous Corporation for the Sustainable Development of the North and East of the Amazon -CDA, in addition to the functions of the Regional Autonomous Corporations, will have the main task of promoting the knowledge of the resources renewable natural resources and the environment of the North and the Amazon region and its use; activities to promote scientific research and technology transfer; to direct the regional planning process for the use of the soil to mitigate or deactivate inappropriate exploitation pressures in the territory; promote the integration of the traditional communities that inhabit the region and their ancestral methods of using nature to the process of conservation, protection and sustainable use of resources, and to promote cooperation of national and international entities, the generation of appropriate technologies, for the use and conservation of the resources of the Colombian Amazon.

The jurisdiction of CDA will comprise the territory of the departments of Vaupes, Guainia and Guaviare, it will have its headquarters in the city of Puerto Inirida, and subsedes in San Jose del Guaviare and Mitu. The subedes will be installed within six (6) months following the organization of the Corporation. The resources received by CDA will be distributed equally between the main venue and the sub-sites.

The Board of Directors will be composed of: a. The Minister of the Environment, who will chair him, or his delegate; b. The governors of the departments within the jurisdiction of the Corporation, or their delegates; c. Three representatives of the indigenous communities, one for each department under the jurisdiction of the CDA Corporation, chosen by the indigenous organizations of the region; d. A representative of the President of the Republic; e. A representative of the mayors of the capital cities within the territory of their jurisdiction; f. The Director of the Amazon Institute of Scientific Research "SINCHI", or its delegate; g. The Director of the Research Institute of Biological Resources "Alexander von Humboldt"; h. The Rector of the University of the Amazon; i. A representative of an environmental non-governmental organization dedicated to the protection of the Amazon.

The members of the board of directors who deal with the literals and, and i, will be elected by the Corporate Assembly by the simple majority system of lists presented by the respective entities or organizations as the case may be.

The Government will guarantee the necessary resources for the normal operation of the Corporation, the resources of the National Budget, as well as for the fulfillment of the special functions described in this article, will provide a percentage of the resources of the National Royalty Fund for environmental preservation.

Environmental licenses for mining and construction of road infrastructure and permits and concessions for forest exploitation will be granted by the Executive Director of the Corporation with the prior knowledge of the Council. Directive and the approval of the Minister for the Environment.

Transfer to CDA the assets of the INDERENA, existing in the area of the territory of its jurisdiction.

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ARTICLE 35. FROM THE CORPORATION FOR THE SUSTAINABLE DEVELOPMENT OF THE SOUTH OF THE AMAZON, CORPOAMAZONIA. Create the Corporation for the Sustainable Development of the South of the Amazon CORPOAMAZONIA, as a Regional Autonomous Corporation, which will be organized as a Regional Autonomous Corporation subject to the scheme referred to in this Article.

The jurisdiction of CORPOAmazONIA will comprise the territory of the departments of Amazonas, Putumayo, and Caqueta. The main headquarters of CORPOAmazonia will be the city of Mocoa in the Department of Putumayo and will establish subsedes in the cities of Leticia and Florence.

Merge the Regional Autonomous Corporation of Putumayo CAP with the new Corporation for the Sustainable Development of the Southern Amazon-CORPOAmazONIA, which will be transferred to the Putumayo section all its assets and liabilities. The departmental royalties currently received by the CAP will be destined for CORPOAmazonia exclusively to be invested in the department of Putumayo.

The Corporation for the Sustainable Development of the South of the Amazon -CORPOAMAZONIA, in addition to the functions of the Regional Autonomous Corporations, will have the main task of promoting the knowledge of renewable natural resources. and the environment of the area of its jurisdiction and its use, encourage the use of appropriate technology and dictate provisions for the proper management of the Amazon ecosystem of its jurisdiction and the sustainable and rational use of its renewable natural resources and the environment, as well as advising the municipalities on the the process of environmental planning and regulation of land use and in the issue of the necessary regulations for the control, preservation and defence of the ecological and cultural heritage of the territorial entities within its jurisdiction.

It is the principal function of the Corporation to protect the environment of the Southern Colombian Amazon as a special ecological reserve area of Colombia, of global interest and as a singular vessel of the megabiodidiversity of the humid tropics. In developing its object, it should encourage the integration of indigenous communities that traditionally inhabit the region, the process of conservation, protection and sustainable use of resources and promote cooperation and assistance from the international community to compensate for the efforts of the local community in the defense of this unique ecosystem.

The Board of Directors will be composed of: a. The Minister of the Environment, who will chair him, or the deputy minister; b. The governors of the Departments within the jurisdiction of the Corporation, or their delegates; c. The Director of the Institute of Hydrology, Meteorology and Environmental Research -IDEAM; d. Two municipal mayors; e. Two representatives of the indigenous communities settled in their area of jurisdiction, chosen by the indigenous organizations of the region; f. The Director of the Scientific Research Institute "SINCHI", or its delegate; g. A representative of environmental non-governmental environmental organizations dedicated to the protection of the Amazon; h. The director of the Research Institute of Biological Resources "Alexander von Dept"; i. The rector of the University of the Amazon.

The members of the board of directors who deal with the literals d and g shall be elected by the Corporate Assembly by the simple majority system of lists presented by the respective entities or organizations as the case may be.

The Government will guarantee the necessary resources for the fulfillment of the special functions described in this article by the resources of the National Royalty Fund for environmental preservation.

Environmental licenses for mining and construction of road infrastructure and permits and concessions for forest exploitation will be granted by the Corporation's Executive Director with the prior knowledge of the Council. Executive and the approval of the Minister of the Environment.

Transfer to CORPOAmazONIA the property of INDERENA in the area of the territory of its jurisdiction.

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ARTICLE 36. FROM THE CORPORATION FOR THE SUSTAINABLE DEVELOPMENT OF THE SIERRA NEVADA DE SANTA MARTA, CSN. 42 of Law 344 of 1996 >

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ARTICLE 37. FROM THE CORPORATION FOR THE SUSTAINABLE DEVELOPMENT OF THE ARCHIPELAGO OF SAN ANDRÉS, PROVIDENCIA AND SANTA CATALINA, CORALINA. Create the Corporation for the Sustainable Development of the Archipelago of San Andrés, Providencia and Santa Catalina, CORALINA, with San Andrés (Isla), as a Regional Autonomous Corporation that in addition to its administrative functions in relation to the natural resources and the environment of the Archipelago of San Andrés, Providencia and Santa Catalina, will exercise activities of promotion of scientific research and technology transfer, subject to the Special provisions of this Law and its statutes, which are primarily responsible for promoting the conservation and sustainable use of the natural resources of the Archipelago of San Andrés, Providencia and Santa Catalina, direct the regional planning process for land use and sea resources to mitigate or defuse pressures of inadequate exploitation of natural resources, promote the integration of native communities that inhabit the islands, and of their ancestral methods of harnessing nature to the conservation process, the protection and sustainable use of renewable natural resources and the environment and, with the cooperation of national and international entities, the generation of appropriate technologies for the use and conservation of the resources and the environment of the archipelago.

The jurisdiction of CORALINA will comprise the territory of the Archipelago Department of San Andrés, Providencia and Santa Catalina, the territorial sea and the economic zone of exclusive exploitation generated from the land portions of the archipelago, and exercise, in addition to the special functions determined by the Law, those assigned to it by the Ministry of the Environment, and those with its statutes.

The Board of Directors will be composed of: a. The Minister of the Environment, or his delegate; b. The Governor of the Archipelago Department of San Andrés, Providencia and Santa Catalina, who will preside over it; c. A representative of the President of the Republic; The Director of INVEMAR e. A representative of the economic associations organized in the Archipelago; f. A representative of the agricultural and fishery production associations duly constituted in the archipelago; g. The Director of the Maritime Directorate-General of the Ministry of Defence; The members of the Board for the Protection of Natural and Environmental Resources of the Archipelago Department of San Andrés, providencia and Santa Catalina created by Law 47 of 1993.

This Board of Directors replaces the Board for the Protection of Natural and Environmental Resources of the Department of San Andres and Providence created by Article 23 of Law 47 of 1993, and assumes, in addition to the functions defined in this law are assigned to them in Chapter V of the Law cited.

Members of this Council will be elected for three-year terms.

The Departmental Board of Fisheries and Aquaculture created by Law 47 of 1993 will continue to exercise its functions.

The Government will guarantee the necessary resources for the fulfillment of the special functions described in this article by the resources of the National Royalty Fund for environmental preservation.

Transfer to CORALINA the property of the INDERENA, existing in the area of the territory of its jurisdiction.

PARAGRAFO 1. As of the validity of this law, the granting of licenses and permits to the construction of new commercial, hotel and industrial facilities in the Municipality of Providencia is prohibited. Those who are in the process are suspended until they are approved by the municipality of Providencia, the CORALINA Board of Directors and the Ministry of the Environment, a plan for the management of land use and a development plan for the island.

PARAGRAFO 2. The San Andreas, Providencia, and Santa Catalina Archipelago is constituted in reserve of the biosphere. The CORALINA Board of Directors will coordinate actions at national and international level to ensure compliance with this provision.

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ARTICLE 38. FROM THE CORPORATION FOR THE SUSTAINABLE DEVELOPMENT OF MACARENA. Create the Corporation for the Sustainable Development of the Area of Special Management La Macarena CORMACARENA, as a Regional Autonomous Corporation that in addition to its functions In relation to the natural resources and the environment of the area of Special Management La Macarena, reserve of the biosphere and sanctuary of fauna and flora, will exercise activities of promotion of scientific research and transfer of technology, subject to the special arrangements provided for in this law and in its statutes, which is primarily responsible for promote the conservation and sustainable use of renewable natural resources and the environment of the La Macarena Special Management Area, lead the regional planning process of land use to mitigate and deactivate pressures of inadequate exploitation of the territory, and to encourage the cooperation of national and international entities, the generation of appropriate technologies for the use and conservation of resources and the environment of the area of management Special La Macarena.

The jurisdiction of CORMACARENA will comprise the territory of the Special Management Area La Macarena, defined in decree 1,989 of 1,989, with the exception of those included in the jurisdiction of the Corporation for the Sustainable Development of the East Amazonico CDA and CORPORINOQUIA.

Its headquarters will be the city of Villavicencio and will have a sub-headquarters in the municipality of Granada, Department of Meta.

The Corporation for the Sustainable Development of the Special Management Area La Macarena, will exercise the special functions assigned to it by the Ministry of the Environment and those that have its statutes, and will refrain from fulfilling those that the Ministry is reserved for itself, even though they are generally attributed to the Regional Autonomous Corporations.

The Nation will have a representation of no less than 35% of the votes in the Corporate Assembly and will be represented in it by the Minister of the Environment, or his delegate.

The Board of Directors of the Corporation for the Sustainable Development of the Special Management Area La Macarena, will be composed of: a. The Ministry of the Environment or its delegate, who will chair it; b. The Governor of the Meta or his delegate; The Head of the Special Administrative Unit of the Natural National Park System of the Ministry of the Environment; d. A representative of the President of the Republic; e. Two representatives of the mayors of the municipalities that are part of the special management area; f. A representative of non-governmental organizations or non-profit legal entities whose main object is the defense and protection of the special handling area La Macarena; g. A representative of the association of settlers of the Macarena; h. A representative of the indigenous communities settled in special management areas, chosen by themselves; i. The Director of the Amazon Institute of Scientific Research, "SINCHI", or its delegate; j. The Director of the Research Institute for Biological Resources "Alexander von Dept", or his delegate; k. The rectors of the Universities of the Amazon and technology of the Eastern Plains.

The members of the board of directors who deal with the literals e and f, will be elected by the Corporate Assembly by the simple majority system of lists presented by the respective entities or organizations according to the case.

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ARTICLE 39. FROM THE AUTONOMOUS REGIONAL CORPORATION FOR THE SUSTAINABLE DEVELOPMENT OF CHOCO, CODECOCO. Transforms the National Corporation for the Development of Choco CODECHOCO, in the Regional Autonomous Corporation for the Sustainable Development of Choco,  CODECHOCO, which will be organized as a Regional Autonomous Corporation subject to the regime of this article.

CODECHOCO's jurisdiction will comprise the territory of the Department of Choco.

The Regional Autonomous Corporation for the Sustainable Development of Choco, CODECHOCO, in addition to the functions of the Regional Autonomous Corporations, will have the main task of promoting the knowledge of renewable natural resources. and the environment of the Chocoana region and its use, encourage the use of appropriate technology and dictate provisions for the proper management of the unique chocoan ecosystem and the rational sustainable use of its natural resources renewable and non-renewable, as well as advising municipalities in the planning process the environmental and regulation of land use and the issue of the necessary regulations for the control, preservation and defense of the ecological and cultural heritage of the territorial entities.

It is the principal function of the Corporation to protect the Chocoan environment as a special ecological reserve area of Colombia, of global interest and as a singular vessel of the megabiodidiversity of the humid tropics. In developing its object, it should encourage the integration of indigenous and black communities that traditionally inhabit the region, the process of conservation, protection and sustainable use of resources and promote cooperation and assistance. of the international community to compensate for the efforts of the local community in the defense of this unique ecosystem.

The Corporation will have the main headquarters of the city of Quibdo. The Board of Directors shall be composed of: a. The Minister of the Environment, who will chair him, or the 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 municipal mayors, at the rate of one for each sub-region: Atrato, San Juan, Costa Pacifica-Baudo and Uraba Chocoano; e. A representative of the black communities, chosen by themselves; f. A representative of the indigenous communities, chosen by themselves; g. A representative of the Departmental Association of peasant users; h. A representative of non-governmental environmental organizations; i. The Director of the Research Institute for Biological Resources "Alexander von Dept"; j. Director of the Pacific Environmental Research Institute "John von Neumann"; k. The Rector of the University of Choco "Diego Luis Córdoba". The representation on the Board of Directors is inselectable and its meetings will be held in the territory of its jurisdiction.

The members of the board of directors who deal with the literals d and h, shall be elected by the Corporate Assembly by the simple majority system of lists presented by the respective entities or organizations.

The Government will guarantee the necessary resources for the fulfillment of the special functions described in this article by the resources of the National Royalty Fund for environmental preservation.

Environmental licenses for mining and construction of road infrastructure and permits and concessions for forest exploitation will be granted by the Executive Director of the Corporation with the prior knowledge of the council. and the approval of the Minister for the Environment.

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ARTICLE 40. FROM THE CORPORATION FOR SUSTAINABLE DEVELOPMENT OF URABA, CORPOURABA. Transformer the current Regional Autonomous Corporation of Uraba, CORPOURABA, in the Corporation for Sustainable Development of Uraba, CORPOURABA, which will be organized as a Regional Autonomous Corporation that in addition to its administrative functions in relation to the natural resources and the environment of the Uraba region, will exercise global planning activities, promotion of scientific research and transfer of technology, subject to the special arrangements provided for in this law and in its statutes, primarily to promote the conservation and sustainable use of the biotic and abiotic resources of the Uraba region, lead the regional soil use planning process to mitigate or defuse pressures of inadequate exploitation of the territory, promoting the integration of the traditional communities that inhabit the region and their ancestral methods of harnessing nature to the conservation, protection and sustainable use of the resources and to promote, with the cooperation of national and international entities, the generation of appropriate technologies for the use and conservation of the resources and the environment of the basin of low Atrato, within the limits of its jurisdiction.

The jurisdiction of CORPOURABA comprises the territory of the municipalities of San Pedro de Uraba, San Juan de Uraba, Jarboletes, Necocli, Turbo, Vigia el Fuerte, Murindo, Apartado, Carepa, Chigorodo, Mutata, Uramita, Dabeiba, Frontino, Peque, Canasgordas, Abriaqui, Giraldo, and Urrao in the Department of Antioquia. It will be based in principal in the Municipality of Apartado, but it will be able to establish the sub-meds it deems necessary.

The Corporation for Sustainable Development of the Uraba CORPOURABA, will exercise the special functions assigned to it by the Ministry of the Environment and those that have its statutes and will refrain from fulfilling those that the Ministry reserves for whether, although they are generally attributed to the Regional Autonomous Corporations.

The Nation will have a representation of no less than 35% of the votes in the Corporate Assembly and will be represented in it by the Minister of the Environment, or his delegate.

The Board of Directors will be composed of: a. The Minister of the Environment, who will chair him, or his delegate; b. The Minister of Agriculture or his delegate; The Governor of the Department of Antioquia; d. A representative of the traditional indigenous communities of the region, chosen by themselves; and. A representative of the traditional black communities that inhabit the region, chosen by themselves; f. Two representatives of the agricultural associations in the region; g. A representative of the President of the Republic; Two representatives of the mayors of the municipalities; i. A representative of the non-governmental organizations within the jurisdiction of the jurisdiction.

The members of the Board of Directors who deal with the literals f, h and i, will be elected by the Corporate Assembly by the simple majority system of lists presented by the respective entities or organizations.

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ARTICLE 41. FROM THE CORPORATION FOR THE SUSTAINABLE DEVELOPMENT OF THE MOJANA AND SAN JORGE, CORPOMOJANA. Create the Corporation for Sustainable Development of the Mojana and the San Jorge -OMOJANA, as a Regional Autonomous Corporation that in addition to its functions The Commission will also be responsible for the development of scientific research and technology transfer, subject to the special arrangements provided for in this Regulation. this Law and its statutes, which is primarily responsible for promoting conservation and sustainable use of renewable natural resources and the environment, the ecosystem of the water catchment areas of the Magdalena River, Rio Cauca and Rio San Jorge in this region, leading the regional land use planning process to mitigate and deactivate pressures of inadequate exploitation of the territory and to promote, with the cooperation of national and international entities, the generation of appropriate technologies for the use and conservation of the resources of the Mojana and the St. George.

The jurisdiction of OMOJANA will comprise the territory of the municipalities of Majagual, Sucre, Guaranda, San Marcos, San Benito, La Union and Caimito of the Department of Sucre. It will be based in the municipality of San Marcos.

The Board of Directors will be composed of: a. The Minister of the Environment or his delegate, who will preside, b. The Governor of Sucre or his delegate. c. Two municipal mayors. d. The Director of the Institute of Meteorology and Environmental Research, IDEAM or its delegate. e. A representative of the peasant organizations. h. A representative of non-governmental organizations whose object is the conservation and management of natural resources. i. A representative of the agricultural and fishery production associations duly constituted in the zone.

TITLE VII.

REGIONAL AUTONOMOUS CORPORATE RENTS

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ARTICLE 42. REMUNERATION AND COMPENSATION. The direct or indirect use of the atmosphere, water and soil to introduce or dump agricultural, mining or industrial waste or waste, sewage or sewage of any origin, smoke, vapours and noxious substances which are the result of human-induced or anthropic activities, or economic or service activities, whether or not gainful, shall be subject to the payment of remuneration for the harmful consequences of the activities expressed.

Rates may also be set to compensate for the maintenance costs of renewable natural resources. Article 18 of Decree No 2811 of 1974 is hereby subrogated.

For the definition of the costs and benefits referred to in paragraph 2o. of Article 338 of the National Constitutionon the basis of which the remuneration and compensation rates referred to in this Article have been calculated in accordance with the provisions of the The National Code of Renewable Natural Resources and Environmental Protection, Decree 2811 of 1974, will apply the system established by the set of the following rules:

a) The rate will include the depreciation value of the affected resource;

b) The Ministry of the Environment taking into account the social and environmental costs of the damage, and the recovery costs of the affected resource, will define annually the basis on which the depreciation calculation will be made;

(c) The calculation of the depreciation shall include the economic assessment of the social and environmental damage caused by the respective activity. It is understood by social damages, among others, those caused to human health, landscape, public tranquility, public and private goods and other goods with economic value directly affected by the polluting activity. Environmental damage is understood to affect the normal functioning of the ecosystems or the renewal of their resources and components;

d) The calculation of costs thus obtained will be the basis for the definition of the tariff rate.

Based on the set of rules established in the system that deals with the previous paragraph, Ministry of the Environment will apply the following method in the definition of the costs on the basis of which the fixing of the tariff amount of the Remuneration and compensatory fees: (a) For each of the factors which affect the determination of a fee, the quantitative variables which permit the measurement of the damage shall be defined; b) Each factor and its variables must have a coefficient to allow weight to be weighted in the (c) The coefficients shall be calculated taking into account the diversity of the regions, the availability of resources, their capacity for assimilation, the polluting agents involved, the conditions under which the (d) The socio-economic conditions of the affected population and the opportunity cost of the resource concerned; Factors, variables and coefficients thus determined shall be integrated into mathematical formulae allowing the calculation and determination of the corresponding rates.

PARAGRAFO. 211 of Law 1450 of 2011. The new text is as follows: > Remuneration and compensation rates shall apply even to pollution caused by the permissible limits without prejudice to the imposition of preventive and sanctioning measures to be applied. The charging of this fee does not under any circumstances imply legalisation of the respective discharge.

PARAGRAFO 2o. 211 of Law 1450 of 2011. The new text is as follows: > The resources from the collection of the remuneration will be used for investment projects in decontamination and monitoring of the quality of the respective resource. To cover the costs of implementation and monitoring of the levy, the competent environmental authority may use up to 10% of the resources collected.

PARAGRAFO 3o. 211 of Law 1450 of 2011. The new text is as follows: > The resources from the collection of the compensatory fees will be used for the protection and renewal of the respective natural resource, taking into account the guidelines of the Ministry of Environment, Housing and Territorial development, or who does its own times. To cover implementation and rate monitoring costs, the environmental authority may use up to ten per cent (10 per cent) of collections.

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ARTICLE 43. WATER UTILIZATION RATES. The use of water by natural or legal persons, public or private, will result in the collection of fees fixed by the National Government that will be used for the payment of the expenses of protection and renewal of the water resources, for the purposes established by article 159 of the National Code of Renewable Natural Resources and Environmental Protection, Decree 2811 of 1,974. The National Government shall calculate and establish the fees to be used for the use of the waters.

The system and method established by the preceding article for the definition of the costs on the basis of which the remuneration and compensation rates shall be calculated and fixed, shall apply to the procedure for fixing the rate at which the present is concerned. Article.

PARAGRAFO 1o. 216 of Law 1450 of 2011. The new text is as follows: > Any project that requires environmental licensing and that involves the use of water, taken directly from natural sources, whether for human consumption, recreation, irrigation or any other activity, must be carried out. to allocate no less than 1% of the total investment for the recovery, preservation, conservation and monitoring of the water catchment area feeding the respective water source. The beneficiary of the environmental license shall invest these resources in the works and actions of recovery, preservation and conservation of the respective watershed, in accordance with the regulations in force in this field.

PARAGRAFO 2o. 216 of Law 1450 of 2011. The new text is as follows: > Resources from the collection of water utilization rates will be used as follows:

(a) In the basins with an Adopted Management and Ordering Plan, they will be used exclusively for the activities of protection, recovery and monitoring of the water resource defined therein;

(b) In the areas declared in order, they shall be used for the preparation of the Basin Management and Ordering Plan;

(c) In the absence of the conditions laid down in subparagraphs (a) and (b), they shall be used for the protection and recovery of water resources defined in the planning instruments of the competent environmental authority and having in The guidelines of the Ministry of Environment, Housing and Territorial Development, or who do their times.

To cover implementation, monitoring, and monitoring costs; the environmental authority may use up to ten percent (10%) of the collections.

The resources arising from the application of paragraph 1 of Article 43 of Law 99 of 1993 will be used for the protection and recovery of the water resource, in accordance with the respective Plan of Management and Management of the Basin or in the formulation and adoption of the Plan.

PARAGRAFO 3o. 216 of Law 1450 of 2011. The new text is as follows: > The water utilization rate will be charged to all users of the water resource, excluding those who use water by law, but including those that do not have the water concession, without prejudice to the imposition of the preventive and sanctioning measures to be taken and not involving their legalisation under any circumstances.

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