LAW 161 1994
Official Gazette No. 41,475, of 5 August 1994
which is organized by the Regional Autonomous Corporation of Rio Grande de la Magdalena, their sources are determined financing and other provisions. Summary
THE CONGRESS OF THE REPUBLIC OF COLOMBIA DECREES
ARTICLE 1o. ORGANIZATION AND LEGAL STATUS. Organize the Regional Autonomous Corporation of Rio Grande de la Magdalena, whose acronym is Cormagdalena, created by Article 331 of the Constitution, as a special corporate entity of national order with administrative, budgetary and financial, having legal personality, the which will operate as an Industrial and Commercial State subject to the rules of corporations, in matters not covered by this Act.
the Regional Autonomous Corporation of Rio Grande de la Magdalena may set up mixed companies to link compliance economically deprived profitable activities, developing their constitutional objectives, when they do not involve the exercise of administrative authority own functions capital. Effective Jurisprudence
. OBJECT. The Corporation will aim to recover navigation and port activities, the adequacy and land conservation, generation and distribution of energy as well as sustainable use and preservation of the environment, fish resources and other renewable natural resources.
ARTICLE 3. JURISDICTION. The Regional Autonomous Corporation of Rio Grande de la Magdalena Cormagdalena have jurisdiction in the territory of coastal municipalities of the Magdalena River, from its source in the Colombian Massif, at the boundary of the departments of Huila and Cauca, in the jurisdiction of the municipalities of San Agustin and San Sebastian respectively, to its mouth in Barranquilla and Cartagena. Likewise, jurisdiction will include the municipalities bordering the Canal del Dique and also include the municipalities of Victoria, Department of Caldas, Majagual, Guaranda and Sucre in Sucre department, and Achi, in the Department of Bolivar. Effective Jurisprudence
ARTICLE 4. WATERSHED MANAGEMENT. Cormagdalena be vested with the powers necessary for the coordination and monitoring of the hydrological and integral management of the Magdalena River. The Corporation will coordinate, subject to higher standards and national environmental policy, the activities of other regional autonomous corporations responsible by law for environmental management in the watershed of the Magdalena River and its tributaries, in relation to aspects that affect the behavior of the current of the river, especially reforestation, water pollution and artificial flow restrictions.
Cormagdalena participate in the planning process and harmonization of regulatory policies and regulations issued by different authorities, for appropriate and coordinated management of the watershed of the Magdalena River. Effective Jurisprudence
The 5th ITEM. HEADQUARTERS, LEGAL ADDRESS AND OVERHEAD. The headquarters and legal domicile of the Regional Autonomous Corporation of Rio Grande de la Magdalena, Cormagdalena, is the city of Barrancabermeja in the Department of Santander.
The Corporation shall establish sectional offices in coastal cities of Neiva, Honda, Magangué and Barranquilla, to streamline the operation of their activities and exercise control functions, monitoring, management and operation of its various activities in different sectors of the channel the waterway. For purposes of planning and operation of the activities of the Corporation the area of jurisdiction will be sectored as follows:
Alto Magdalena: Birth River in the Colombian Massif to Salto de Honda.
Magdalena Medio: From Honda jump to the municipality of Rio Viejo (Bolívar).
Lower Magdalena: From the Old River to Barranquilla, along the main river channel and to Cartagena, following the course of the Canal del Dique.
The Corporation may establish other offices, agencies and operations centers that its Board of Directors deems necessary for the proper exercise of its activities and fulfill its purposes.
ARTICLE 6o. FUNCTIONS AND POWERS. The Rio Grande de la Magdalena, Cormagdalena Regional Autonomous Corporation shall have the following functions and powers:
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. Participate in the preparation and definition of plans and programs of development including territorial, regional or sectoral entities in your jurisdiction in matters relating to its purpose, in order to ensure the realization of the activities envisaged in the plans adopted by the Corporation.
3. Formulate and adopt mechanisms for coordination and implementation of their plans, programs and projects by public and private entities delegatarias, concessionaires or contractors, as well as for evaluation, monitoring and control.
4. Promote and facilitate community participation in decision-making processes and actions of implementing plans and programs of the Corporation.
5. Advise administrative, technical and financial support to local authorities under their jurisdiction in activities that contribute to the objective of the Corporation.
6. Promote, encourage and assist technically and financially the formation and activities of associations, cooperatives and all kinds of community groups aimed at the development and proper exploitation of ictiológicos and agricultural resources in the area of activities of the Corporation, within the parameters of protection of natural resources and the environment.
7. Promote and participate in the creation of port companies in the coastal communities of Magdalena River, to help develop the river transport service and its integration with other complementary means. For this purpose, the Corporation may assign concession or provide facilities and equipment of their heritage.
8. Promote the execution or execute directly, or in partnership with other public and private entities, projects land improvement, drainage and flood control, operate and manage such projects or given in concession and delegate its administration and operation in other public or private persons and establish appropriate valuation contributions and fees and charges for the use of its services in accordance with the rules and policies of the national land improvement system.
9. Participate in companies or associations that are created and organized with or without the involvement of private individuals, to better fulfill their duties, or similar or complementary objects.
10. Exercise corresponding to the general direction of navigation and ports and Fluvial Intendencias the Ministry of Transport, for the purposes of navigation and port activity in the entire Magdalena River and its river connections except those relating to the regulation and control functions river traffic, which will continue to be opetition of that address.
11. Exercise the functions delegated to him other public entities, provided they are compatible with the functions that treats the numeral 2o. or contributing to their exercise.
12. Set and collect fees or charges for services rendered and contributions valuation, resulting from the implementation of their projects and tolls for the use of roads to build or fit.
13. Promote and financially support the adaptation and exploitation of the possibilities for social recreation, they offer the Magdalena River and its surrounding areas.
14. Take the necessary measures for the preservation of water balance of the basin, according to the environmental provisions above and in coordination with the Regional Autonomous Corporations responsible for environmental management in the area of its jurisdiction.
15. Implement and promote the implementation of projects of generation and distribution of electricity, according to the above discussions and sectoral policies.
16. Promote the sustainable use of aquatic resources and other renewable natural resources, in accordance with national policies and subject to higher standards and advance business programs involving the riverside community and propendan by increasing their standard of living.
17. Impose penalties and fines for violations of the regulations, according to law or regulations.
18. Advise, harmonize and coordinate activities from all public and private entities that affect the hydrological behavior of the basin.
19. Develop studies and programs to configuration or complementation of an overall plan and integral management of the basin, to be adopted by the Corporation for its progressive application, under the supervision and coordination of the same.
. CONSENSUS. The Corporation agreed with the entities, the effective date of this Act are executing works, programs or functions within the scope of its activities, the procedure to assume directly or establish the appropriate delegation.
ARTICLE 7. CONVENIENCE FOR TRANSPORT MODAL INTEGRATION. As a prerequisite for the integration of an intermodal transport network, with basic use of the Magdalena River condition, should the Corporation undertake among its priorities in the short and medium term adequacy of port facilities necessary for such purposes, likewise, you must arrange with the relevant national and departmental governments adequacy of complementary land routes. PARAGRAPH 1.
. For the purposes of this Article, the Corporation shall execute a priority, the adequacy of port facilities in Puerto Berrio, for an intermodal transport service. Also, you 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 and the national government for the journey continues downstream from the latter port. Effective Jurisprudence
. Given the physical and technical limitations for necessary expansions and port, river adjustments, presents the coastal area of Barranquilla, you must use the next area of the municipality of Soledad, Atlantico, for such extensions or new facilities. Consequently, the Corporation shall undertake within their priority plans, the design and construction of public river port facilities on the banks of the municipality of Soledad, given its natural vocation, which is necessary to ensure service intermodal exchange load, indispensable for the reactivation of the Magdalena River transport condition.
Article 8. RESEARCH CENTER. In the municipality of Honda, where a geological fault in the riverbed, marks the division between the upper and middle Magdalena; It will be installed a Center for Scientific Research, act to study and develop projects of interest in that area of the river as well as for the study of it. The purpose, the Corporation will acquire the assets and elements that requires the center. PARAGRAPH 1.
. Research Center previously ordered in this Article, will be complemented by the provision and expansion of the adjacent library at River Museum, specializing in studies and information on it and its valley, as well as the creation of a database and geographical information of the river. financial support to River Museum now works at the headquarters of the Seiba owned by the Municipality of Honda, in order to adapt architecturally and provide it, so as to contribute to the historical and scientific disclosure of past, present and future of the river will be given Magdalena. PARAGRAPH 2.
. The current laboratory hydraulic tests of flowers, under the Directorate of Navigation and Ports, Ministry of Transport, in Barranquilla, will be taken and also used as a center for scientific research of the Corporation, for the study and diagnosis of major hydraulic problems Magdalena River and its navigable branches.
Article 9. ELECTRIC ENERGY SERVICE. The Regional Autonomous Corporation of Rio Grande de la Magdalena, proceed, within its priorities in the short and medium term to expand service coverage of energy, especially through local or regional energy solutions that provide for a proper management of the environment or by the extension of the national grid. It also will promote the creation of rural community enterprises for marketing of hydrocarbons and other energy. PARAGRAPH 1.
. To comply with the previous article, the Corporation may grant concessions installation, operation, generation, marketing and maintenance of these plants, with electricity companies, official or private, national or foreign sector. PARAGRAPH 2.
. In the event that concessions are granted to private companies, they will have the obligation to provide no less than 20% of the market, to meet the social benefit cost levels 1, 2 and 3 of rural low-income sector.
ARTICLE 10. MANAGEMENT AND ADMINISTRATION. The management and administration of the Corporation, will be in charge of a corporate assembly, one; board of directors and an executive director, who is its legal representative composition:
ARTICLE 11. CORPORATE ASSEMBLY. The corporate assembly will consist of:
1. A delegate of the President of the Republic, who will preside.
2. A delegate of the Minister of Government.
3. A delegate of the Minister of the Environment.
4. A delegate of the Minister of Mines and Energy.
5. A delegate of the Minister of Agriculture.
6. A delegate of the Minister of Transport.
7. A delegate of the National Director of the National Planning Department.
8. General Manager Himat.
9. A representative of the Presidency of Ecopetrol.
10. A representative of the Fluvial Navigation Enterprises operating in the Magdalena River.
11. A representative of the operating companies Portuarias.
12. A representative of the trade union meetings and Loaders Bracero Portuarios.
13. The governors of the eleven (11) departments coastal or their delegates.
14. The mayors of the municipalities falling within the jurisdiction of the Corporation or its delegates.
15. The directors of the regional autonomous corporations, whose territorial understanding partially or fully match with the jurisdiction of the Corporation.
ARTICLE 12. FUNCTIONS OF THE CORPORATE ASSEMBLY. The corporate assembly shall perform the following functions:
1. Adopt the statutes of the Corporation, its operating regulations and amendments thereto, for submission to the approval of the President of the Republic. Effective Jurisprudence
2. Knowing the management report and the biennial balance of the Corporation and its annexes, carry out the evaluation of the management of the Corporation and make recommendations and corrective necessary.
3. Charting and adopt policies and guidelines that will guide the action of the Corporation.
4. Choose delegates from municipalities to the Board. PARAGRAPH 1.
. The corporate assembly shall meet regularly at least once every two (2) years in November for which shall be summoned by the Executive Director Extraordinarily may be convened by the Board or the President of the Republic at any time. For the Corporate Assembly in session validly accreditation of an absolute majority of its members is required. The Superintendency of Companies celebration and monitor compliance with the decisions of the assembly. PARAGRAPH 2.
. In the election of delegates to the Board municipalities may participate only accredited municipal mayors or their delegates and the election of delegates to the Board governors may participate only accredited governors or their delegates.
ARTICLE 13. COMPOSITION OF THE BOARD. The Board of Directors of the Corporation shall consist of:
1. The President or the Vice President or his delegate. Effective Jurisprudence
2. The Minister of Mines and Energy or the Deputy Minister.
3. Agriculture Minister or Deputy Minister.
4. Transportation Minister or Deputy Minister.
5. Environment Minister or Deputy Minister.
6. Foreign Trade Minister or Deputy Minister.
7. The President of Ecopetrol.
8. Three (3) governors of the coastal departments, elected at the rate of one for each of the geographical sections of the river (high, medium and low Magdalena).
9. Six (6) mayors of coastal municipalities, elected at two (2) for each of the geographical sections of the river (high, medium and low Magdalena).
10. A representative of the guilds of river navigation elected by the Corporate Assembly.
PARAGRAFO. Members of the Board, other Ministers shall be appointed by the President of the Republic, with 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. FUNCTIONS OF THE BOARD. The functions of the Board of Directors of the Corporation, as follows:
1. Develop and implement policies and guidelines determined by the Corporate Assembly for the management of the Corporation.
2. Dictate the rules of procedure and manual functions.
3. Define the administrative policy of the entity and approve the plans, programs and projects of the same.
4. Fix the rates or fees for services provided by the Corporation, as well as toll values, contributions valuation, etc., established based on their functions.
5. Authorize the participation of the Corporation in societies and associations that are created and organized to best fulfill the objectives of the first and analogous or complementary.
6. Adopt the annual budget of income, expenses and investments, including the allocations to the staffing adopted.
7. Approve the acquisition or disposition of real property of the Corporation.
8. Delegate any or some of the functions of the Corporation other public entities and enter into concession contracts or delegated administration with other entities, public or private persons.
9. Set the amount from which, contracts or agreements signed by the Executive Director, require prior approval of the Board.
10. Authorize the Executive Director to delegate its functions to other officers of the Corporation.
11. Authorize the Executive Director to settle, submit to arbitration or to enter into commitments in relation to disputes or litigation, in which the Corporation is a party.
12. Use the advice and appropriate services necessary to develop the regulations to be applied to the exercise of the special legal powers, which in this Act is granted to the Corporation, in order to adopt, implement and monitor a plan holistically watershed.
13. Exercise all functions and issue all acts that are essential to the fulfillment of the functions and powers of the Corporation and others assigned to the statutes.
PARAGRAFO. The Board of Directors of the Corporation shall regulate the attendance at meetings of the Corporate Assembly of Representatives of community associations, to develop related to the object of the Corporation activities such as artisanal fishermen, users peasants, indigenous communities, etc.
ARTICLE 15. EXECUTIVE DIRECTOR
. The Executive Director of the Corporation shall be the legal representative thereof and shall perform the functions assigned to the statutes and special delegated by the Board in accordance with this Act and shall be elected by a vote of two thirds of its members list five (5) candidates submitted by the President of the Republic. Effective Jurisprudence
Staff Regulations. People who are linked to the staffing of the Corporation shall have the status of public servants as a rule, but in exceptional cases, the Board may, in accordance with legal regulations, determine which jobs have the status of official workers especially with the construction and maintenance of public works.
ARTICLE 17. ASSETS AND REVENUES. The assets and income of the Corporation will consist of:
a) The amounts for different items appropriating their favor in the budgets of the Nation, territorial entities or any public entity;
B) Resources corresponding according to the law regulating the National Royalties Fund; Effective Jurisprudence
C) The resources will be transferred from investment funds for regional development, to advance programs and plans approved by the respective Boards of Regional Economic and Social Planning;
D) Proceeds from internal or external credit, or national or international technical cooperation;
E) The proceeds from fees or fees received for the provision of their services;
F) Contributions or tolls corporation, established by the commercial use of the Magdalena River and its complementary waterways;
G) movable or immovable property acquired at any title;
H) The product or performance of its assets or the sale or use of their movable and immovable property;
I) The aid or grants, which are collected from legal or natural, national or foreign;
J) The revenues for valorización for enforcement in its jurisdiction of infrastructure projects that benefit the real property, exonerating the owners with a lower patrimony to 150 minimum monthly wages;
K) During the next three years annually as compensation to be paid by Ecopetrol and does not constitute sum payment of compensation rate is established.
The annual value is 50,000 thousand minimum monthly wages already paid from the fourth year the rights established by the respective authorities; Effective Notes
L) All property or movable property values and the Ministry of Transport, aimed at developing the functions of the Department of Navigation and Ports and river municipalities in the Magdalena River, who move to the Corporation. For this purpose, the Ministry of Transport, proceed to make an inventory with the intervention of the Comptroller General of the Republic, within six (6) days following the effective date of this Act months and transfer them to the Corporation free of charge, within of the month following the preparation of the inventory;
M) Headings that the national government included in the budget of expenses and investments of the Nation, for the operation of the Directorate General of Shipping and Ports Ministry of Transport and whose functions assumes the Corporation with respect to Magdalena and the Canal del Dique river.
N) Other assets and resources assigned by the law. PARAGRAPH 1.
. For purposes of Subparagraph m) of this Article, the Board earmark no less than 10 thousand monthly minimum wages for environmental decontamination of the Municipality of Barrancabermeja. Effective Jurisprudence
. The Corporation will manage to multilateral financial institutions or foreign governments, achieving credits and compensation agreements which may be endorsed by the Government in accordance with the rules when they are necessary for the execution of works for the fulfillment of its purposes. Effective Jurisprudence
valorización. Valorización that treats the Law 25 of 1921 and Decree 1604 of 1966, applies to works executed the Corporation prior statement made in this sense by its Board of Directors. It is up to the authorities of the Corporation, establish, prescribe, distribute, perform, assess and collect corresponding valorización resources, which has functions of summary jurisdiction; exonerating the owners with less equity to 15 million.
ARTICLE 19. HIRING. Effective Notes
ARTICLE 20 Expropriation. Declared of public utility and social interest, acquisition of real estate that requires the Corporation to fulfill the functions assigned to it by this Act and the Corporation is empowered to advance the procurement procedure for expropriation.
PARAGRAFO. From the effective date of this Act, the Autonomous Corporation of Rio Grande de la Magdalena, is the entity vested by law, to grant permits, authorizations or concessions for the use of the banks of the Magdalena River and its navigable river connections, with regard to construction and use of port facilities, warehouses for cargo storage, docks and patios, fishing piers and tourist facilities, protection works or defense of banks, and in general all that conditioning the availability of such margins.
ARTICLE 21. TAXATION. The tax regime of the Corporation, shall be established in accordance with Articles 267 and following of the Constitution.
ARTICLE 22. This law governs from the date of sanction.
The President of the honorable Senate of the Republic, JORGE RAMON ELIAS
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable Chamber of Representatives, Francisco Jose Jattin
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
Republic of Colombia - National Government.
Published and execute.
Given in Bogota, DC, 3 August 1994.
César Gaviria Trujillo.
The Deputy Minister of Finance and Public Credit,
Office of the Minister of Finance and Public Credit,
HECTOR JOSE CHAIN CLAVIJO.
The Minister of Environment,
MANUEL CIPRIANO RODRIGUEZ BECERRA.
The Director of the National Planning Department, ARMANDO MONTENEGRO TRUJILLO