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Whereby The Environmental Sanctioning Procedure Is Established And Dictate Other Provisions

Original Language Title: Por la cual se establece el procedimiento sancionatorio ambiental y se dictan otras disposiciones

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1333 OF 2009

(July 21)

Official Journal No. 47.417 of 21 July 2009

CONGRESS OF THE REPUBLIC

By which the environmental sanctioning procedure is established and other provisions are dictated.

Vigency Notes Summary

THE CONGRESS OF THE REPUBLIC

DECRETA:

TITLE I.

GENERAL PROVISIONS.

ARTICLE 1o. State is the holder of the environmental sanctioning authority and exercises it without prejudice to the legal powers of other authorities through the Ministry of the Environment, Housing and Territorial Development, the Regional Autonomous Corporations, the Sustainable Development Corporations, the Environmental Units of the large urban centers referred to in Article 66 of Law 99 of 1993, the environmental public establishments referred to in Article 13 of Law 768 of 2002 and the Special Administrative Unit of the Natural National Park System, Uaespnn, in accordance with the competencies established by law and regulations.

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PARAGRAFO. In environmental matter, the fault or the intent of the offender is presumed, which will result in preventive measures. The offender will definitely be punished if he does not detract from the presumption of guilt or dolo for which he will have the burden of proof and will be able to use all legal means.

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ARTICLE 2o. FACULTY FOR PREVENTION. The Ministry of Environment, Housing and Territorial Development; the Special Administrative Unit of the System of Natural National Parks; the Regional Autonomous Corporations and the Sustainable Development; the Units Urban Environment of the large urban centres referred to in Article 66 of Law 99 of 1993; the public establishments referred to in Article 13 of Law 768 of 2002; the National Navy; as well as the departments, municipalities and districts, with the prevention of the respective authority in environmental sanctioning matters. Accordingly, these authorities are entitled to impose and enforce the preventive and sanctioning measures enshrined in this law and which are applicable, as the case may be, without prejudice to the legal powers of other authorities.

PARAGRAFO. In any case sanctions may only be imposed by the environmental authority competent to grant the respective environmental license, permit, concession and other environmental authorizations and instruments of environmental management and control, prior to the exhaustion of the sanctioning procedure. For the above purpose, the authority which has imposed the preventive measure shall be required to transfer the action to the competent environmental authority within five (5) working days following the imposition of the measure.

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ARTICLE 3o. GUIDING PRINCIPLES. The constitutional and legal principles governing the administrative actions and the environmental principles prescribed in Article 1or Act 99 of 1993.

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ARTICLE 4. FUNCTIONS OF THE SANCTION AND PREVENTIVE MEASURES IN ENVIRONMENTAL MATTERS. The administrative sanctions in environmental matters have a preventive, corrective and compensatory function, in order to guarantee the effectiveness of the principles and objectives provided for in the Constitution, the International Treaties, the Law and the Rules of Procedure.

The preventive measures, for their part, have as their function to prevent, prevent or prevent the continuation of the occurrence of a fact, the realization of an activity or the existence of a situation that atents to the environment, the resources natural, landscape or human health.

TITLE II.

ENVIRONMENTAL VIOLATIONS.

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ARTICLE 5o. INFRACTIONS. It is considered to be an infringement in the environment of any action or omission that constitutes violation of the norms contained in the Code of Renewable Natural Resources, Decree-Law 2811 of 1974, in the Law 99 of 1993, in Law 165 of 1994 and in the other environmental provisions in force in which they replace or modify them and in the administrative acts emanating from the authority competent environmental. Environmental damage will also be the subject of environmental damage, with the same conditions as for the setting up of non-contractual civil liability in the form of the Civil Code and supplementary legislation, namely: damage, the operative event with guilt or dolo and the causal link between the two. Where these elements are set up, they shall give rise to an environmental administrative penalty, without prejudice to the liability of third parties for civil action.

PARAGRAFO 1o. In environmental violations the fault or the fault of the offender is presumed to be the fault of the offender.

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PARAGRAFO 2o. The offender will be responsible to third parties for the repair of damages caused by their action or omission.

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ARTICLE 6o. ENVIRONMENTAL LIABILITY MITIGATION CAUSES. These are mitigating circumstances in environmental matters:

1. To confess to the environmental authority the infringement before the sanctioning procedure has been initiated. The cases of flagrancy are excepted.

2. To compensate or mitigate on its own initiative the damage, to compensate or to correct the damage caused before the start of the environmental sanctioning procedure, provided that with such actions no greater damage is generated.

3. That with the infringement there is no harm to the environment, to natural resources, to the landscape or to human health.

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ARTICLE 7o. CAUSES OF AGGRAVATION OF ENVIRONMENTAL RESPONSIBILITY. These are aggravating circumstances in environmental matters:

1. Recidivism. In all cases the authority shall consult the RUIA and any other means providing information on past behaviour of the offender.

2. That the offence generates serious harm to the environment, to natural resources, to the landscape or to human health.

3. Commit the violation to hide another.

4. Shun responsibility or attribute it to others.

5. Violate various legal provisions with the same conduct.

6. To attack natural resources located in protected areas or declared in some category of threat or endangered or on which there is no prohibition, restriction or prohibition.

7. Perform the action or omission in areas of special ecological importance.

8. Obtain economic benefit for yourself or a third party.

9. Hinder the action of the environmental authorities.

10. Total or partial non-compliance with preventive measures.

11. That the offence is serious in relation to the value of the species concerned, which is determined by its functions in the ecosystem, by its particular characteristics and by the degree of threat to which it is subject.

12. Violations involving hazardous waste.

PARAGRAFO. It is understood by threatened species, that which has been declared as such by International Treaties or Conventions approved and ratified by Colombia or has been declared in some category of threat by the Ministry of Environment, Housing and Territorial Development.

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ARTICLE 8o. DISCLAIMER. They are exempt from liability:

1. Events of force majeure or fortuitous case, in accordance with the definition of the same contained in Law 95 of 1890.

2. The fact of a third, sabotage or terrorist act.

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ARTICLE 9o. CAUSES OF CESSATION OF THE ENVIRONMENTAL PROCEDURE. The following procedure is caused by the following:

1o. Death of the investigated when it is a natural person.

2o. Non-existence of the investigated fact.

3o. That the conduct under investigation is not attributable to the alleged offender.

4o. That the activity is legally protected and/or authorized.

PARAGRAFO. The causals enshrined in the 1o and 4o numerals operate without prejudice to continuing the procedure against the other investigated if any.

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ARTICLE 10. EXPIRATION OF THE ACTION. The environmental sanctioning action expires at the age of 20 years after the fact or omission of the infringement has occurred. If this is a successive event or omission, the term will start running from the last day the event or omission has been generated. As long as the conditions of violation of the rules or generators of the damage persist, the action may be brought in any time.

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ARTICLE 11. LOSS OF ENFORCEABILITY. The penalties imposed and not executed will lose enforcement in the terms of the article 66 of the Administrative Code or the rules that replace or add

TITLE III.

PROCEDURE FOR IMPOSING PREVENTIVE MEASURES.

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ARTICLE 12. THE PURPOSE OF THE PREVENTIVE MEASURES. The preventive measures are intended to prevent or prevent the occurrence of a fact, the performance of an activity or the existence of a situation which is contrary to the environment, natural resources, the landscape or human health.

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ARTICLE 13. INITIATION OF THE PROCEDURE FOR THE IMPOSITION OF PREVENTIVE MEASURES. Once the fact is known, either on its own initiative or at the request of a party, the competent environmental authority shall verify and establish the need to impose a measure (s) preventive (s), which (s) shall be imposed by a reasoned administrative act.

Proven the need to impose a preventive measure, the environmental authority will proceed to impose it by means of a motivated administrative act.

PARAGRAFO 1o. Environmental authorities will be able to commission the execution of preventive measures to the administrative and public forces authorities or to be accompanied by them for this purpose.

PARAGRAFO 2o. In cases where a preventive measure is imposed on prevention by any of the authorities invested to do so, it will transfer the performances within a maximum of five (5) business days to the competent environmental authority and shall make copies of the action taken to continue with the procedure to be followed.

PARAGRAFO 3o. In the preventive seizure event, individuals and specimens, products, means and implements seized or, of the act, must be made available to the environmental authority. the destruction, incineration or delivery for use or consumption for the purpose of dealing with items representing danger or perishables which cannot be stored and preserved in the terms of the article 49 of this law.

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ARTICLE 14. WHEN AN AGENT IS CAUGHT IN THE FIRE. When an agent is caught in the fire, causing damage to the environment, natural resources or violating the environment, without any permisation of the environment. Competent environmental authorities, the environmental authority shall impose precautionary measures to ensure the presence of the agent during the sanctioning process.

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ARTICLE 15. PROCEDURE FOR THE IMPOSITION OF PREVENTIVE MEASURES IN THE EVENT OF A FLAGRANT ACT. In the event of a flagrant event that requires the imposition of a preventive measure at the place and the occurrence of the facts, a record shall be drawn up in which shall establish the grounds which justify it; the authority which imposes it; place, date and time of its establishment; competent official, person, project, work or activity to which the preventive measure is imposed. The act shall be signed by the alleged infringer or, if he refuses to do so, shall be signed by a witness. In the event that the signing of the minutes by the alleged infringer or a witness is not feasible, the sole subscription by the official in charge of the case shall be sufficient. From the above it must leave the respective constancy. The minutes shall be legalized through an administrative act setting out the conditions for the preventive measures imposed, in a term not greater than three days.

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ARTICLE 16. CONTINUITY OF ACTION. Legalized the preventive measure through the administrative act, will proceed, in a term no longer than 10 days, to evaluate if there is merit to initiate the sanctioning procedure. If sufficient merit is not found to initiate the procedure, the preventive measure shall be lifted. Otherwise, such a measure will be lifted once it is found that the causes that motivated it disappeared.

TITLE IV.

SANCTIONING procedure.

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ARTICLE 17. PRELIMINARY INQUIRY. For the purpose of establishing whether there is merit or no merit in initiating the sanctioning procedure, a preliminary inquiry shall be ordered, where appropriate.

The preliminary investigation is intended to verify the occurrence of the conduct, determine whether it is an environmental infringement or whether it has acted under a causal liability. The term of the preliminary inquiry shall be maximum of six (6) months and shall culminate with the final or self-opening file of the investigation.

The preliminary inquiry may not be extended to facts other than the one that was the subject of complaint, complaint or unofficial initiation and those that are related to it.

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ARTICLE 18. INITIATION OF THE SANCTIONING PROCEDURE. The sanctioning procedure shall be brought forward ex officio, at the request of a party or as a consequence of having imposed a preventive measure by means of a reasoned administrative act, which shall be notified In accordance with the provisions of the Administrative Code, which will have the beginning of the sanctioning procedure to verify the facts or omissions that constitute an infringement of the environmental standards. In cases of flagrancy or confession, you will receive a download.

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ARTICLE 19. NOTIFICATIONS. In the environmental sanctioning actions the notifications will be provided in the terms of the Administrative Code.

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ARTICLE 20. INTERVENTIONS. Initiated the sanctioning procedure, any person may intervene to provide evidence or auxiliary to the competent official when it comes from the terms of the articles 69 and 70 of Act 99 of 1993. The support of the police authorities and entities carrying out environmental monitoring and surveillance functions shall be supported.

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ARTICLE 21. REFERRAL TO OTHER AUTHORITIES. If the facts of the sanctioning procedure are constituted of a crime, disciplinary action or other type of administrative infringement, the environmental authority shall inform the authorities. corresponding to the facts and shall accompany copies of the relevant documents.

PARAGRAFO. The existence of a criminal, disciplinary, or administrative process will not result in the suspension of the environmental sanctioning procedure.

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ARTICLE 22. VERIFICATION OF THE FACTS. The competent environmental authority may carry out all kinds of administrative proceedings such as technical visits, sampling, laboratory examinations, measurements, characterizations and all actions which considers necessary and relevant to determine with certainty the facts of the infringement and to complete the evidence.

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ARTICLE 23. CESATION OF PROCEDURE. When any of the causes mentioned in Article 9 of the draft law appear fully demonstrated, it shall be declared by a reasoned administrative act and shall be ordered to cease any proceedings against the alleged infringer, which must be notified of that decision. The termination of the procedure can only be declared before the order of the formulation of charges, except in the case of the death of the offender. Such administrative act shall be published in the terms of Article 71 of Law 99 of 1993 and against it the replacement resource shall be subject to the conditions laid down in Articles 51 and 52 of the Administrative Contentious Code.

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ARTICLE 24. FORMULATION OF CHARGES. Where there is merit in continuing the investigation, the competent environmental authority shall, by means of a duly reasoned administrative act, make charges against the alleged infringer of the regulations. environmental damage or cause of environmental damage. In the statement of objections, the actions or omissions which constitute the infringement and individualised the environmental rules that are deemed to have been violated or the damage caused must be expressly enshrined. The administrative act containing the statement of objections must be notified to the alleged infringer in a personal or edict manner. If the environmental authority does not have an effective means of making the personal notification within five (5) days of the formulation of the statement of objections, it shall proceed in accordance with the procedure laid down in Article 44 code of the Administrative Contentious Code. The edict will remain fixed in the Legal Secretariat or the dependency that will do its times in the respective entity for the term of five (5) calendar days. If the alleged infringer is to be personally notified within the term of the edict, a simple copy of the administrative act shall be given to him, the record shall be kept on record and the edict shall be maintained. fixed until the expiry of the previous term. This last aspect must be fulfilled for all the effects on which the edict is notified within the environmental sanctioning process.

For all intents and purposes, the replacement facility within the environmental sanctioning procedure shall be granted in the return effect.

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ARTICLE 25. DESCARGOS. Within ten working days following the notification of the statement of objections to the alleged infringer , it may, directly or through a duly constituted proxy, present written disclaimers and contribute or request the the practice of the evidence which it considers relevant and which is conducive.

PARAGRAFO. The expenses that the practice of a test will cause will be borne by the person requesting it.

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ARTICLE 26. TESTING PRACTICE. Due to the term indicated in the previous article, the environmental authority shall order the practice of the tests that have been requested according to the criteria of conduct, relevance and necessity. In addition, I shall order as ex officio as I deem necessary. The ordered tests shall be carried out within thirty (30) days, which may be extended for once and for up to 60 days, supported by a technical concept which establishes the need for a longer period for the execution of the tests.

PARAGRAFO. Against the administrative act that denies the requested evidence practice, the reorder facility proceeds. The competent environmental authority may commission in other authorities the practice of the tests decreed.

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ARTICLE 27. DETERMINATION OF LIABILITY AND PENALTY. Within fifteen (15) working days following the filing of the discharge or the expiration of the probative period, as the case may be, by means of a reasoned administrative act, the liability of the offender for violation of the environmental standard and the penalties to be imposed shall be imposed.

PARAGRAFO. In the event of being tested for any of the assumptions provided for in Articles 8or 22 of this law with respect to some or some of the alleged offenders, by duly motivated administrative act will be declared to the alleged offenders, as the case may be, exonerated of all responsibility and, if appropriate, the file of the file will be ordered.

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ARTICLE 28. Notice. The administrative act that ends an environmental sanctioning process shall be notified to the interested party and to the third parties duly recognized in the terms and conditions indicated in the Code. Administrative.

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ARTICLE 29. ADVERTISEMENT. The administrative act terminating an environmental sanctioning process shall be published in accordance with the provisions of Article 71 of Law 99 of 1993.

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ARTICLE 30. RESOURCES. Against the administrative act that ends an environmental sanctioning investigation, the replacement resource should be provided and provided that there is superior hierarchical, that of appeal, which must be interposed in the terms and conditions outlined in the Administrative Accounting Code.

PARAGRAFO. The administrative acts proffered in the development of the environmental sanctioning procedure, will be firm in accordance with article 62 of the Administrative Dispute Code.

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ARTICLE 31. COMPENSATORY MEASURES. The imposition of a penalty does not exempt the offender from the compliance with the measures that the competent environmental authority deems appropriate to establish to compensate and restore the damage or the impact caused by the infringement. The sanction and compensatory or remedial measures must be strictly proportionate.

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TITLE V.

PREVENTIVE MEASURES AND SANCTIONS.

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ARTICLE 32. CHARACTER OF THE PREVENTIVE MEASURES. The preventive measures are of immediate execution, are preventive and transient in nature, have immediate effects, against them no recourse is necessary and will be applied without prejudice to the penalties to be in place.

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ARTICLE 33. PREVENTIVE MEASURES ON FOREIGN AGENTS AND GOODS. The preventive measures may be applied to foreign persons and their property, provided that the goods or persons are within the national territory. In case the agent sanctioned has residency in a foreign country, the environmental authority will send the order of initiation and termination of the sanctioning process to the Colombian Foreign Ministry so that it sends them to the country of residence of the alleged in the case of a sanction, the Foreign Ministry will take the necessary steps to make the imposed sanction effective.

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ARTICLE 34. COSTS OF THE IMPOSITION OF PREVENTIVE MEASURES. The costs incurred by the environmental authority in the case of preventive measures, such as: Transport, storage, insurance, among others, shall be borne by the infringer. In case of the lifting of the measure, the costs must be cancelled before returning the good or restarting or reopening the work.

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ARTICLE 35. LIFTING OF PREVENTIVE MEASURES. Preventive measures shall be lifted on their own initiative or at the request of a party, when it is established that the causes which originated them have disappeared.

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ARTICLE 36. TYPES OF PREVENTIVE MEASURES. The Ministry of Environment, Housing and Territorial Development, Regional Autonomous Corporations, Sustainable Development and Environmental Units of large urban centers, public establishments It deals with the Law 768 of 2002 and the Special Administrative Unit of the System of Natural National Parks, will impose on the infringer of the environmental norms, by means of administrative act motivated and according to the severity of the violation some or some of the following measures preventive:

Written admonition.

Preventive disregard for products, elements, media, or implements used to commit the violation.

Preventative apprehension of specimens, products, and byproducts of wild fauna and flora.

Suspension of work or activity where damage or danger to the environment, natural resources, landscape or human health may be derived or where the project, work or activity has been initiated without permission, grant, authorization or environmental license or executed in violation of the terms of the same.

PARAGRAFO. The costs incurred by the environmental authority for the imposition of preventive measures such as storage, transportation, surveillance, parking, destruction, demolition, among others, will be carried out by the infringer.

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ARTICLE 37. WRITTEN ADMONITION. It consists of the written care call to whom allegedly has violated environmental standards without endangering the integrity or permanence of natural resources, the landscape or the health of people. The warning may include the attendance of compulsory environmental education courses. The infringer who does not comply with the summons to the course will be fined equivalent to five (5) minimum monthly legal salaries in force. This procedure must comply with due process, according to article 3or this law.

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ARTICLE 38. PREVENTIVE SEIZURE AND SEIZURE. It consists in the material and temporal apprehension of specimens of fauna, flora, hydrobiological resources and other exotic and exotic species of products, elements, means, equipment, vehicles, materials premiums or implements used to commit the environmental infringement or produced as a result of the environmental infringement.

When the elements apprehended represent danger to human, plant or animal health, the environmental authority shall immediately proceed to its inuse, destruction or incineration at the expense of the infringer. Perishable products which cannot be stored and preserved may be delivered for use to public, charitable or rehabilitation entities, subject to the favourable concept of the competent health entity at the site in question. where the goods subject to the confiscation are found. Otherwise, the destruction or incineration shall be carried out, subject to the registration of the fact in the relevant minutes.

PARAGRAFO. An exotic species is understood to be the taxonomic species or subspecies, breed or variety whose natural area of geographical dispersion does not extend to the national territory or to jurisdictional waters and if found in the country, is as a voluntary or involuntary result of human activity. "

PARAGRAFO 1o. 1 of Decree 4673 of 2010. The new text is as follows: > The environmental authority may provide directly or through inter-institutional agreements with third parties, the use of the elements, means, equipment, vehicles or implements in respect of which in spite of the preventive confiscation measure in the terms of this Article, with the sole purpose of addressing the needs related to the grounds of the emergency declaration referred to in Decree 4580 and, in particular, for:

-- Construction and/or rehabilitation of infrastructure works and activities for control of flows, rectification and management of channels, control of runoff, erosion control, geotechnical works, regulation of channels and water currents, and other biomechanical works and activities for the management of soils, water and vegetation in the hydrographic areas mentioned.

-- Restoration, recovery, conservation and protection of plant cover, plant enrichment and isolation of areas to facilitate the natural succession of the above mentioned areas.

-- Rehabilitation of the road network affected by disaster situations.

-- Search and rescue workers and first aid.

-- Housing recovery (Averted and destroyed), and

-- Emergency works (reinforcement of embankments, works of control) and prevention and mitigation works in the area.

-- Construction and/or rehabilitation of aqueduct works and basic environmental sanitation.

Vigency Notes
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PARAGRAFO 2o. 1 of Decree 4673 of 2010. The new text is as follows: > The use of the seized elements will be communicated in advance to the subjects involved in the sanctioning procedure, without any recourse to this decision in the governmental way. The use shall be immediately suspended in the event that the environmental authority decides to lift the preventive measure, or the termination of the sanctioning procedure without declaring the administrative responsibility of the alleged infringer. The above, without prejudice to the agreement with the holder of the good the extension of the use to any title in the attention of the work or the respective necessity.

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PARAGRAFO 3o. 1 of Decree 4673 of 2010. The new text is as follows: > From the moment the use is authorized, the public or private entity that uses the seized goods must take care of the costs of transportation, fuel, parking, care, taxes and preventive and corrective maintenance that is required, which in the event that the administrative penalty procedure concludes without the declaratory of responsibility of the alleged infringer, cannot be charged to the holder of the good as condition for their return.

Likewise, the public or private entity that makes use of the seized goods will assume, in a mandatory manner, the expenses that will generate the taking of the policies that will ensure all kinds of risks, in the interests of the holders of such goods. The return of the same, when the measure is lifted or when the completion of the administrative procedure of sanctioning without a declaration of administrative responsibility of the alleged infringer, will be made in the state in which they were delivered, except for the normal wear and tear of things.

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ARTICLE 39. SUSPENSION OF WORK, PROJECT OR ACTIVITY. It consists of the order to cease, for a specified period of time, that the environmental authority shall determine, the execution of a project, work or activity when it may result in damage or danger to the resources natural, environmental, landscape or human health or where it has been initiated without the environmental licence, permit, grant or authorisation or when the terms, conditions and obligations laid down therein are not met.

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ARTICLE 40. SANTIONS. The penalties mentioned in this article shall be imposed as principal or ancillary to the person responsible for the environmental infringement. The Ministry of Environment, Housing and Territorial Development, the Regional Autonomous Corporations, the Sustainable Development, the Environmental Units of the large urban centers referred to in the article 66 of Act 99 of 1993, public establishments dealing with article 13 of Law 768 of 2002 and the Special Administrative Unit of the National Park System Natural, they will impose on the infringer of environmental norms, according to the gravity of the infraction by motivated resolution, some or some of the following sanctions:

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1. Daily fines of up to 5,000 (5,000) statutory minimum monthly wages in force.

2. Temporary or definitive closure of the establishment, building or service.

3. Revoking or expiration of environmental license, authorization, grant, permit, or registration.

4. Demolition of work at the expense of the offender.

5. Definitive confiscation of specimens, exotic wild species, products and by-products, elements, means or implements used to commit the offence.

6. Return of specimens of species of wild fauna and flora.

7. Community work according to conditions established by the environmental authority.

PARAGRAFO 1o. The imposition of the penalties mentioned above does not exempt the infringer from executing the works or actions ordered by the competent environmental authority, or restoring the environment, natural resources or the landscape affected. These penalties shall apply without prejudice to the civil, criminal and disciplinary action to which it takes place.

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PARAGRAFO 2o. The National Government will define by regulation the criteria for the imposition of the sanctions in this article, defining attenuating and aggravating. Account shall be taken of the extent of the environmental damage and socio-economic conditions of the infringer.

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ARTICLE 41. PROHIBITION OF THE RETURN OF WILD SPECIMENS OR RESOURCES FROM ILLEGAL HOLDINGS. Where the fauna, flora or other natural resources apprehended or preemptively seized are the result of illegal holdings, they shall not proceed, in no case, the return of the same to the offender, except for the case considered in Article 52, number 6.

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ARTICLE 42. EXECUTIVE MERIT. The administrative acts issued by the environmental authorities imposing pecuniary penalties lend executive merit and their collection shall be made through the coactive jurisdiction.

PARAGRAFO. The value of the pecuniary penalties imposed by the Ministry of Environment, Housing and Territorial Development, will enter a special sub-account of the Fonam.

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ARTICLE 43. Fine. It consists of the payment of a sum of money that the environmental authority imposes on those with their action or omission infringes the environmental standards.

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ARTICLE 44. TEMPORARY OR PERMANENT CLOSURE OF THE ESTABLISHMENT, BUILDING OR SERVICE. It consists in putting an end to the activities or tasks that are carried out in them, by the existence of acts or conduct contrary to the environmental provisions. It is temporary if it is imposed for a certain period of time and is final when a time limit is indicated or not set.

The closure may be imposed for the entire establishment, building or service or only for a part or process that is developed in it. Once the administrative act through which a sanction of temporary or definitive closure is imposed, no activity can be anticipated in the building, establishment or service. If the closure falls on a part of the establishment, building or service, the specific activity in the area, area or closed section cannot be pre-empted. In one case or another, the sanction may develop what is necessary for the necessary maintenance of the building.

The competent environmental authority shall take appropriate measures for the enforcement of the sanction and shall be effective by the imposition of appropriate seals, bands or other means to ensure compliance with the sanction.

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ARTICLE 45. REVOCATION OR REVOCATION OF THE LICENSE, PERMIT, GRANT, AUTHORIZATION OR REGISTRATION. It consists of leaving without effects the administrative acts through which the environmental license, permit, authorization, concession or registration was granted.

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