ACT 161 OF 1994
Official Journal No. 41,475 of 5 August 1994
By which the Regional Autonomous Corporation of the Rio Grande de la Magdalena is organized, its sources of financing are determined and other provisions are dictated.
THE CONGRESS OF THE REPUBLIC OF COLOMBIA,
ARTICLE 1o. ORGANIZATION AND LEGAL NATURE. Organize the Regional Autonomous Corporation of the Rio Grande de la Magdalena, whose acronym will be Cormagdalena, created by article 331 of the Constitution. Policy, as a special corporate entity of the national order with administrative, budgetary and financial autonomy, endowed with its own legal status, which will function as an Industrial and Commercial Company of the State subject to the rules of Companies Anonymous, as not provided for in this Law.
The Regional Autonomous Corporation of the Rio Grande de la Magdalena will be able to constitute mixed-economy societies to link private capital to the fulfillment of economically profitable activities, in the development of its constitutional objectives, where they do not involve the exercise of the functions of the administrative authority.
ARTICLE 2o. OBJECT. The Corporation will have as an object the recovery of navigation and port activity, the adaptation and conservation of lands, the generation and distribution of energy as well as the sustainable use and preservation of the environment, ichthyological resources and other renewable natural resources.
ARTICLE 3o. JURISDICTION. The Regional Autonomous Corporation of the Rio Grande de la Magdalena Cormagdalena will have jurisdiction in the territory of the municipalities bordering the Magdalena River, since its birth in the Colombian Massif, in the colindancia of the departments of Huila and Cauca, jurisdiction of the municipalities of San Agustín and San Sebastián, respectively, to its mouth in Barranquilla and Cartagena. Likewise, its jurisdiction will include the municipal municipalities of the Dique Canal and will also include the municipalities of Victoria, in the Department of Caldas, Majagual, Guaranda and Sucre in the department of Sucre, and Achi, in the Department of Bolivar.
ARTICLE 4. THE WATERSHED MANAGEMENT. Cormagdalena will be invested with the necessary powers for the coordination and supervision of the hydrological order and integral management of the Magdalena River. The Corporation will coordinate, subject to higher standards and national environmental policy, the activities of the other regional autonomous corporations entrusted by the environmental management law in the river basin. of the Magdalena River and its tributaries, in relation to the aspects that affect the behavior of the stream of the river, in particular, the reforestation, the pollution of the waters and the artificial restrictions of flows.
Cormagdalena will participate in the process of planning and harmonizing policies and regulatory norms that are dictated by the different competent authorities, for a proper and coordinated management of the water catchment area of the Magdalena River.
ARTICLE 5o. HEADQUARTERS, LEGAL AND SECTIONAL OFFICES. The headquarters and legal domicile of the Regional Autonomous Corporation of the Rio Grande de la Magdalena, Cormagdalena, will be the city of Barrancabermeja in the Department of Santander.
The Corporation will establish sectional offices in the coastal cities of Neiva, Honda, Magangue and Barranquilla, to streamline the operation of its activities and to exercise the functions of control, supervision, management and operation of its various activities in the different sectors of the river channel. For the purposes of planning and operating the activities of the Corporation the area of jurisdiction will be sectorized like this:
High Magdalena: From the birth of the River in the Colombian Massif to the Honda Salto.
Magdalena Medio: From the Salto de Honda to the Municipality of Rio Viejo (Bolivar).
Under Magdalena: From the Old River to Barranquilla, following the main riverbed and up to Cartagena, following the channel of the Dique Canal.
The Corporation may establish the other offices, agencies and operating centers that its Board deems necessary for the proper exercise of its activities and fulfillment of its purposes.
ARTICLE 6o. FUNCTIONS AND FACULTIES. The Regional Autonomous Corporation of the Rio Grande de la Magdalena, Cormagdalena, will have the following functions and faculties:
1. Develop, adopt, coordinate and promote the implementation of a general plan for the development of its objectives, in accordance with the National Development Plan.
2. To participate in the preparation and definition of the plans and programmes for the development of territorial, regional or sectoral entities within its jurisdiction: in matters relating to its object, in order to ensure the achievement of of the activities contemplated in the plans adopted by the Corporation.
3. Formulate and adopt mechanisms for the coordination and execution of their plans, programs and projects, by public and private entities, delegates, concessionaires or contractors, as well as for their evaluation, monitoring and control.
4. Promote and facilitate community participation in decision-making processes and in the implementation actions of the Corporation's plans and programs.
5. Provide administrative, technical and financial advice to the territorial entities of their jurisdiction in the activities that contribute to the object of the Corporation.
6. Promote, promote and provide technical and financial assistance for the training and activities of associations, cooperatives and all types of community groups pursuing the development and proper exploitation of the ichthyological and agricultural resources in the The activities area of the Corporation, within the parameters of protection of natural resources and the environment.
7. Promote and participate in the creation of harbour societies in the coastal communities of the Magdalena River, which contribute to the development of the river transport service and its integration with other complementary means. For this purpose, the Corporation may grant or provide the facilities and equipment of its assets.
8. Promote the execution or execution directly, or in association with other public and private entities, projects of land adaptation, flood control and control, operate and manage these projects or give them in concession and delegate their administration and operation in other public or private persons, as well as establishing the corresponding recovery contributions and fees and charges for the use of their services, in accordance with the rules and policies of the system National of adaptation of land.
9. To participate in partnerships or associations that are believed and organized with or without the participation of private persons, in order to comply more adequately with their functions, or for similar or complementary objects.
10. To exercise the functions corresponding to the general direction of navigation and ports and to the Inland Intrends of the Ministry of Transport, for the effects of the navigation and the harbour activity in the entirety of the Magdalena River and its river connections, except those relating to the regulation and control of river traffic, which will continue to be the subject of this direction.
11. Exercise the functions that other public entities delegate to it, provided that they are compatible with the functions of the numeral 2o. or contribute to their exercise.
12. To establish and charge fees or charges for the services it provides, as well as contributions for valorization, originating from the execution of its projects and toll, for the use of the roads that it builds or adapts.
13. Encourage and financially support the adequacy and exploitation of the possibilities that for social recreation offer the Magdalena River and its surrounding areas.
14. Adopt the necessary provisions for the preservation of the water balance of the basin, in accordance with the higher environmental provisions and in coordination with the Regional Autonomous Corporations responsible for the management of the environmental in the area of your jurisdiction.
15. Implement and promote the execution of power generation and distribution projects, in accordance with higher discussions and sectoral policies.
16. Promote the sustainable use of hydrobiological resources and other renewable natural resources, in accordance with national policies and subject to higher standards and to advance business programs involving the community riparian and propendan for the increase of their standard of living.
17. Impose penalties and fines for violations of normativity, in accordance with the law or regulations.
18. To advise, harmonize and coordinate activities, from all public and private entities, that have an impact on the hydrological behavior of the basin.
19. Develop studies and programs aimed at the configuration or complementation of a general plan of management and integral management of the basin, which must be adopted by the Corporation for its progressive implementation, under the supervision and coordination of the same.
PARAGRAFO 1o. CONCERTACIÓN. The Corporation will agree with the entities, that at the time of this Law they are executing works, programs or functions in the field of their activities, the procedure to take them directly or to establish the delegation corresponding.
ARTICLE 7o. FACILITIES FOR THE MODAL INTEGRATION OF TRANSPORT. As an indispensable condition for the integration of an intermodal transport network, with the fundamental use of the Magdalena River, the Corporation must undertake within its priorities Short and medium term the adequacy of the port facilities, necessary for such purposes, will also have to be arranged, with the relevant national and departmental governments the adaptation of the complementary terrestrial routes.
PARAGRAFO 1o. For the purposes of this article, the Corporation shall implement, as a matter of priority, the adequacy of the port facilities of Puerto Berrio, for an intermodal transport service. Likewise, it must advance the necessary studies and projects, to improve the navigability of the river, in the stretch Puerto Berrio-Barrancabermeja, in addition to the plans that already the National Government continues for the route, downstream of this last port.
PARAGRAFO 2o. Given the physical and technical limitations that for the necessary expansions and port adjustments, fluvial, presents the riverside sector of Barranquilla, it is necessary to use the next area of the Municipality Soledad, Atlantico, for such extensions or new facilities. As a result, the Corporation will have to undertake within its priority plans, the projection and construction of the public river port facilities, in the margin of the Municipality of Soledad, taking into account its natural vocation, which is necessary to guarantee the service of intermodal interchange of the cargo, indispensable condition for the reactivation of the transport by the Magdalena River.
ARTICLE 8o. RESEARCH CENTER. In the municipality of Honda, where a geological fault in the riverbed, marks the division between the high and middle Magdalena; a Scientific Research Center will be installed, an act to study and elaborate projects of interest in that area of the river, as well as for the study of it. For this purpose, the Corporation shall acquire the goods and items required by that center.
PARAGRAFO 1o. The Research Center previously ordered in this article will be complemented by the endowment and expansion of the library attached to the Museum of the River, specializing in studies and information on the and its valley, as well as the creation of a bank of data and geographic information of the river. Financial support will be given to the Museum of the River that today operates in the Seiba headquarters of the Municipality of Honda, in order to adapt it architecturally and to equip it, in order to contribute to the historical and scientific dissemination of the past, present and future of the Magdalena River.
PARAGRAFO 2o. The current laboratory for hydraulic testing of flowers, dependent on the Shipping and Ports Directorate of the Ministry of Transport, in Barranquilla, will be assumed and used as a centre of scientific research of the Corporation, for the study and diagnosis of the main water problems of the Magdalena River and its navigable derivations.
ARTICLE 9o. Regional Autonomous Corporation of the Rio Grande de la Magdalena will proceed, within its short and medium term priorities to the expansion of the energy service coverage, especially through solutions. Local or regional energy sources that provide for a proper management of the environment or through the extension of the national interconnected system. It will also promote the creation of rural community enterprises for the marketing of hydrocarbons and other energy.
PARAGRAFO 1o. To comply with the previous article, the Corporation may grant the installation, operation, generation, marketing and maintenance of such plants, with companies in the electrical sector, official or private, national or foreign.
PARAGRAFO 2o. In the event that the concessions are granted to private companies, they will have an obligation to provide not less than 20% of the marketing, to meet the social benefit cost of strata 1, 2 and 3 of the rural low-income sector.
ARTICLE 10. ADDRESS AND ADMINISTRATION. The management and administration of the Corporation, will be in charge of a corporate assembly, a board of directors and an executive director, who will be their legal representative integrated by:
ARTICLE 11. FROM THE CORPORATE ASSEMBLY. The corporate assembly will consist of:
1. A delegate of the President of the Republic, who will preside over it.
2. A delegate of the Minister of Government.
3. A delegate from the Minister of the Environment.
4. A delegate from the Minister of Mines and Energy.
5. A delegate from the Minister of Agriculture.
6. A delegate from the Minister of Transport.
7. A delegate from the Director of the National Department of National Planning.
8. The General Manager of the Himat.
9. A delegate from the Presidency of Ecopetrol.
10. A representative of the Inland Navigation Companies operating in the Magdalena River.
11. A representative of the Portuguese Operating Societies.
12. A Representative of the Trade Union Agencies of the Portuguese Braceros and Coteros.
13. The governors of the 11 (11) coastal departments or their delegates.
14. The mayors of the municipalities within the jurisdiction of the Corporation or its delegates.
15. The directors of the regional autonomous corporations, whose territorial understanding partially or totally coincides with the jurisdiction of the Corporation.
ARTICLE 12. CORPORATE ASSEMBLY FUNCTIONS. The corporate assembly will perform the following functions:
1. Adopt the Corporation's statutes, operating regulations and reforms, to be submitted for approval by the President of the Republic.
2. To know the management report and the biennial balance sheet of the Corporation and its annexes, to carry out the evaluation of the management of the Corporation and to formulate the necessary recommendations and corrections.
3. Chart and adopt the policies and general guidelines that will guide the Corporation's action.
4. Choose the delegates from the municipalities to the Board of Directors.
PARAGRAFO 1o. The corporate assembly will ordinarily meet at least once every two (2) years in the month of November for which it will be summoned by the Chief Executive Officer Board of Directors or the President of the Republic at any time. In order for the Corporate Assembly to validly sit, the accreditation of the absolute majority of its members is required. The Superintendence of Societies will monitor the celebration and the fulfillment of the decisions of the assembly.
PARAGRAFO 2o. In the election of delegates from the municipalities to the Board of Directors only the accredited municipal mayors or their delegates may participate and in the election of delegates of the governors to the Board Only accredited governors or their delegates can participate.
ARTICLE 13. COMPOSITION OF THE BOARD. The Board of Directors of the Corporation shall be composed of:
1. The President of the Republic orthe Vice President of the Republic or its delegate.
2. The Minister of Mines and Energy or the Deputy Minister.
3. The Minister of Agriculture or the Deputy Minister.
4. The Minister of Transport or the Deputy Minister.
5. The Minister of the Environment or the Deputy Minister.
6. The Minister of Foreign Trade or the Deputy Minister.
7. The President of Ecopetrol.
8. Three (3) governors of the coastal departments, chosen at the rate of one for each of the geographical sections of the river (high, middle and under Magdalena).
9. Six (6) mayors of the coastal municipalities, elected at the rate of two (2) for each of the geographical sections of the river (high, middle and under Magdalena).
10. A representative of the river navigation guilds elected by the Corporate Assembly.
PARAGRAFO. The Members of the Board of Directors, other than the Ministers, shall be appointed by the President of the Republic, on a personal and permanent basis, for periods of three (3) years. They will also have each of them, their personal alternate, designated for similar periods.
ARTICLE 14. BOARD FUNCTIONS. They are the functions of the Board of Directors of the Corporation, the following:
1. Develop and implement the general policies and guidelines, determined by the Corporate Assembly, for the management of the Corporation.
2. Dictate the rules of procedure and the manual of functions.
3. Define the entity's administrative policy and approve plans, programs, and projects.
4. To set the fees or charges of the services provided by the Corporation, as well as the toll values, valorization contributions, etc., which it establishes on the basis of its functions.
5. To authorize the participation of the Corporation in the societies and associations that are created and organized, for the best fulfillment of the objectives of the first and analogous or complementary.
6. Adopt the annual revenue, expenditure and investment budget, which shall include the appropriations corresponding to the staff plant adopted.
7. Approve the acquisition or dispositions of the real estate of the Corporation.
8. Delegate some or some of the functions of the Corporation to other public entities and conclude concession or administration contracts delegated to other legal, public or private persons.
9. Establish the amount from which the contracts or agreements concluded by the Executive Director require prior approval by the Board.
10. Authorize the Executive Director to delegate his duties to other Corporation officials.
11. To authorize the Executive Director, to compromise, to submit to arbitration or to enter into commitments, in relation to disputes or disputes, in which the Corporation is a party.
12. Use the appropriate and necessary advice and services to develop the regulations to be applied for the exercise of the special legal powers, which in this Law are granted to the Corporation, with the object of adopting, in practice and monitor a plan in a comprehensive way of the river basin.
13. To exercise all functions and to issue all acts that are indispensable to the performance of the functions and powers of the Corporation and the other functions assigned to it by the statutes.
PARAGRAFO. The Board of Directors of the Corporation will regulate attendance at the sessions of the Corporate Assembly of representatives of community associations, which develop activities related to the object of the Corporation, such as artisanal fishermen, peasant users, indigenous communities, etc.
ARTICLE 15. EXECUTIVE DIRECTOR. The Executive Director of the Corporation shall be the legal representative of the Corporation and shall exercise the functions assigned to it by the statutes and the special powers delegated to it by the Board of Directors in accordance with this Law and shall be elected by vote of two-thirds of its members list of five (5) candidates submitted by the President of the Republic.
ARTICLE 16. STAFF SYSTEM. People who are linked to the Corporation's personnel plant will have the status of public servants as a general rule, but by exception, the Board of Directors may, in accordance with the applicable legal rules, determine, which jobs will have the status of official workers, especially with the construction and maintenance of public works.
ARTICLE 17. WEALTH AND INCOME. The Corporation's wealth and income will be made up of:
(a) The sums that are appropriated by different concepts in their favor in the budgets of the Nation, of the territorial entities or of any public entity;
b) The resources corresponding to the law governing the National Royalty Fund;
c) The resources transferred from the investment funds for regional development, to advance programs and plans approved by the respective Regional Economic and Social Planning Councils;
d) Resources from internal or external credit, or from national or international technical cooperation;
e) The product of the fees or charges you receive for the provision of your services;
(f) The contributions or tolls that the corporation establishes for the commercial use of the Magdalena River and its complementary waterways;
g) The movable or immovable property that you acquire from any title;
(h) The product or performance of its assets or the disposal or use of its movable or immovable property;
i) Aid or donations, which are collected from legal or natural persons, national or foreign;
(j) Raise by contribution of recovery, by the execution in its jurisdiction of infrastructure works, which benefit the property, exonerating the owners with a wealth of less than 150 minimum monthly salaries;
(k) For the next three years, an annual sum is established for the compensation to be paid by Ecopetrol and which does not constitute payment of a remuneration.
The annual value is 50,000 thousand minimum monthly legal salaries and from the fourth year will pay for the rights to be established by the respective authorities;
l) All the movable and immovable property or values of the Ministry of Transport, destined to develop the functions of the Directorate of Navigation and Ports and the river intrends in the Magdalena River, which are transferred to the Corporation. For these purposes, the Ministry of Transportation will proceed to make an inventory with the intervention of the Comptroller General of the Republic, within the six (6) months following the validity of this Law and to transfer them to the Corporation a free title, within the month following inventory processing;
m) The items that the National Government included in the budget of expenditures and investments of the Nation, for the operation of the Directorate General of Navigation and Ports of the Ministry of Transport and whose functions the Corporation assumes, in the " It is a matter for the Magdalena River and the Dique Canal.
n) Other assets and resources assigned to you by law.
PARAGRAFO 1o. For the purposes of the provisions of this Article, the Board of Directors shall allocate not less than 10 thousand minimum monthly salaries for the environmental decontamination of the Municipality of Barrancabermeja.
PARAGRAFO 2o. The Corporation, will manage before multilateral financial institutions or foreign governments, the achievement of credits and compensation agreements that can be endorsed by the National Government of conformity with the rules in force, where they are necessary for the performance of works for the fulfilment of their purposes.
ARTICLE 18. CONTRIBUTION OF VALORIZATION. The contribution of valorization in respect of Law 25 of 1921 and Decree 1604 of 1966, is applicable to the works that the Corporation executes, upon declaration made in such sense by its Board of Directors. It will be up to the authorities of the Corporation, to establish, decree, distribute, execute, liquidate and collect the resources corresponding to the contribution of recovery, for which it has functions of coactive jurisdiction; exonerating the owners with a wealth of less than 15 million.
ARTICLE 19. RECRUITMENT. 32 of Law 1150 of 2007. It goes into effect from 16 January 2008. See in current legislation up to this date. >
ARTICLE 20. EXPROPRIATION. State of public utility and social interest, the acquisition of the real estate required by the Corporation, for the performance of the functions assigned to it by this Law and to empower the Corporation, for bring forward the corresponding expropriation procedure.
PARAGRAFO. As of the validity of this Law, the Autonomous Corporation of the Rio Grande de la Magdalena, will be the entity invested by the law, to grant permits, authorizations or concessions for the use of the The margins of the Magdalena River and its inland waterways, as regards the construction and use of port facilities, cargo storage warehouses, docks and patios, fishing docks and tourist facilities, works of protection or defence of the banks, and in general all that conditions the availability of such margins.
ARTICLE 21. TAX REGIME. The Corporation's tax regime shall be that established in accordance with Articles 267 and following of the Political Constitution.
ARTICLE 22. This Law governs from the date of your sanction.
The President of the honorable Senate of the Republic,
JORGE RAMON ELIAS NADER.
The Secretary General of the honorable Senate of the Republic,
PEDRO PUMAREJO VEGA.
The President of the honorable House of Representatives,
JOSE JATTIN SAFAR.
The Secretary General of the honorable House of Representatives,
DIEGO VIVAS TAFUR.
Republic of Colombia-National Government.
Publish and execute.
Dada en Santafe de Bogota, D.C., 3 August 1994.
CESAR GAVIRIA TRUJILLO.
The Deputy Minister of Finance and Public Credit,
in charge of the Issue of the
Minister of Finance and Public Credit,
HECTOR JOSE CHAIN PIN.
The Minister of the Environment,
MANUEL CIPRIANO RODRIGUEZ BECERRA.
The Director of the National Planning Department,
ARMANDO MONTENEGRO TRUJILLO
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