Why The Colombian Flora Is Protected, The Botanical Gardens Are Regulated And Other Provisions

Original Language Title: Por la cual se protege la flora colombiana, se reglamentan los jardines botánicos y se dictan otras disposiciones

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299
ACT 1996 (July 26)
Official Gazette No. 42845 of July 30, 1996
Whereby Colombian flora is protected, the botanical gardens are regulated and other provisions.
THE CONGRESS OF COLOMBIA DECREES

ARTICLE 1o. COLOMBIAN FLORA. Conservation, protection, propagation, research, knowledge and sustainable use of resources of the Colombian flora are strategic for the country and constitute priority in environmental policy.
Are of public interest and social benefit and have priority in the allocation of resources in the development plans and programs and the overall national budget and budgets of local authorities and regional autonomous corporations.
Article 2.
. BOTANICAL GARDENS. The botanical gardens, as collections of living plants scientifically organized, constituted under this Act may handle herbal and plant germplasm in gene banks or seed banks; permanent programs of basic and applied research, in situ and ex situ conservation and education will be implemented; They will use clean technologies for their activities and should adopt the following primary purposes for the fulfillment of its social objectives:
a) Keep both essential ecological processes, such as systems that support the various manifestations of life;
B) To preserve genetic diversity;
C) To contribute effectively and permanently through its research and informative to regional and national development work, and
d) Contribute to the use of species of flora and natural ecosystems is carried out so as to allow their use and enjoyment not only for today but also for future generations of inhabitants of Colombian territory, within the concept of sustainable development.
PARÁGRAFO. In situ conservation refers to the one carried out at the site where the species is native and ex situ which takes place outside the site where the species is native.

ARTICLE 3. STATE PARTICIPATION. In accordance with Article 103 of the Constitution, the State, municipal, departmental and national levels, contribute to the creation organization, promotion and strengthening of the botanical gardens founded and structured as state entities, in all its forms, or as private non-profit associations.
The Government shall regulate the form of state participation in plans, programs and projects that advance the public interest such entities.

ARTICLE 4. OPERATING LICENSE. To qualify for the benefits, incentives and privileges provided for in this Act, the botanical gardens require a permit issued by the environmental authority, prior concept of the Research Institute of Biological Resources "Alexander Von Humboldt". Additionally
must obtain the appropriate operating license by the relevant authority, in accordance with regulations issued by the National Government. In any case, for granting the operating license the respective entity must request prior opinion of the National Network of Botanical Gardens Colombia.
Once granted legal status, botanical gardens will have a time limit of six months to submit to the authority she granted it a copy of the administrative act granting the operating license, under penalty of automatic cancellation of your personality.
The constancy of validity of the operating license for the botanical gardens is a sine qua non for the approval of statutory reforms or for the registration of directors or officers of such entities.
PARÁGRAFO TRANSIENT. The botanical gardens currently in operation will have a term of six months as from the date of the Decree that the first paragraph of this article, to adapt the objectives and activities of the entity to the provisions of this Act.

The 5th ITEM. THE NATIONAL NETWORK OF BOTANICAL GARDENS. The National Network of Botanical Gardens of Colombia shall be composed of legally recognized botanical gardens and will function as an advisory board and as advisory body to the Government.

ARTICLE 6o. PARTICIPATION IN NATIONAL ENVIRONMENTAL SYSTEM. Legally constituted botanical gardens are part of the National Environmental System, SINA.


ARTICLE 7. NATIONAL PLAN OF BOTANICAL GARDENS. The Ministry of Environment, its institutes affiliated or linked research and the Autonomous Regional Corporations, in the year following the entry into force of this Act year, in concert with the National Network of Botanical Gardens and official or private entities genebanks that manage, formulate a National Plan of Botanical Gardens and genebanks.
The plan will undergo a process of evaluation and adjustment every two years at least, and it exchequer resources that are made to public establishments should be allocated for the implementation of its activities and those responsible be indicated carry them out and submitted, through the Ministry of Environment, for consideration by the respective national planning authorities, in accordance with the provisions of article 8., 13 et seq of Law 152 of 1994
the plan should include research priorities, in situ conservation, ex situ conservation and propagation of plant species promising for regional and national development of native and exotic species of exceptional scientific or economic value and endangered species and should contemplate programs and projects for environmental education, outreach and ecotourism.

Article 8. NATIONAL BOTANICAL INFORMATION SYSTEM. There will be a National Botanical Information System, which will operate under the responsibility of the Research Institute of Biological Resources "Alexander Von Humboldt" and in which the registration of collections of living plants from the botanical gardens and gene banks will take, and dried herbal plants operating in Colombia.
These entities will contribute to this Institute, prior agreement, the information of its floristic inventories.
National Botanical Information System will be part of the Environmental Information System.

Article 9. COLLABORATION IN THE CITES Convention. The botanical gardens participate as advisory bodies of the government for the proper performance of the Cites convention, by providing documentation and cooperation with responsible Colombian management authority of the convention, especially at the reception of botanical living material seized or confiscated and the propagation of specimens of species threatened with extinction premature.
Botanical Gardens advise the competent authorities of the State in relation to the development and implementation of other conventions and international instruments on conservation of Colombian biota.

ARTICLE SURVEILLANCE 10. EXPORT AND IMPORT OF BIOLOGICAL MATERIAL. Airport authorities, customs, environmental, health, police, the Prosecutor for Environmental Affairs and the Attorney General's Office will not allow the entry or departure of living plant or animal material not authorized to prevent export or import of threatened or endangered species and applied in accordance with its legal competence, the sanctions to those responsible.
The penalties shall, in accordance with current rules, since the imposition of fines to the arrest, according to the seriousness of the offense. In any case, the seizure of the material will be made.
The text of the first two paragraphs of this article shall be placed in ads or visible signs in maritime, air and land ports of the country from which or through which the exit or entry of biological material is made.
ARTICLE 11. ISSUANCE
BOTANY. To support the process of scientific research of Colombian flora and publication of their results, Establécese permanently botany expedition throughout the national territory.

ARTICLE 12. SCIENCE AND TECHNOLOGY. For all legal purposes, especially tax and contractual character with state entities, provides that the activities, plans, programs and projects that meet the botanical gardens made subject to the provisions of this Act, have the character of activities science and technology.

ARTICLE 13. SPECIAL PROGRAMS. The Botanical Gardens establish special programs for urban tree planting, afforestation and reforestation of watersheds, for which, prior hiring lend to consulting state agencies as consultants in these matters or provide, when available nurseries, plant material necessary for this purpose.


ARTICLE 14. TAX EXEMPTION. Municipal councils, as may be laid down their respective agreements, may exempt up to 100% of the property tax, the land owned by botanists or for these purposes gardens, provided such entities or their owners develop conservation activities environmental subject to the provisions of this Act and the regulations issued for that purpose by the Government.
They may also exempt from property tax those private lands that are holdouts that adequately conserve natural vegetation and have a unitary extension of not less than five (5) hectares, or have formulated and are implementing a management plan duly approved by the respective environmental authority, or which have a specific project in situ or ex situ conservation with a botanical garden established by law.
The exemption only operate for land dedicated to conservation plans, for which the respective desenglobes Cadastral be made.

ARTICLE 15. INTERNATIONAL COOPERATION. The Ministry of Environment and the Division of International Technical Cooperation of the National Administrative Department of Planning should include in the package of projects submitted each year to the consideration of foreign governments and international organizations, at least one project related to conservation native or environmental preservation activities that advance or planning to advance the botanical gardens, constituted according to law flora.

ARTICLE 16. HERBAL. Activities that meet the Colombian National Herbarium - Museum of Natural History of the Institute of Natural Sciences, National University of Colombia, the Herbal Research Institute of Biological Resources "Alexander Von Humboldt" and other herbal officers and members of the Colombian Association of Herbaria are of public interest.
The local authorities, within the scope of their autonomy, shall ensure that these scientific bodies have the human, material and financial resources necessary for the inventory of national flora.

ARTICLE 17. SCOPE AND EFFECT. The provisions of this Act shall also apply, as appropriate, to arboretums.
This Act governs from its enactment and repeal the provisions that are contrary.
The President of the honorable Senate, JULIUS CAESAR
Tulena WAR.
The Secretary of the Senate of the Republic,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives,
Rodrigo Rivera Salazar.
The Secretary of the honorable House of Representatives, DIEGO VIVAS
TAFUR.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and execute.
Given in Santa Fe de Bogota, DC, on July 26, 1996.
Ernesto Samper Pizano.
The Minister of Finance and Public Credit, José Antonio Ocampo Gaviria
.
The Minister of Environment, José Vicente MOGOLLÓN VÉLEZ




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