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1682 OF 2013
(November 22)
Official Journal No. 48.987 of 27 November 2013
CONGRESS OF THE REPUBLIC
By which measures and provisions are adopted for transport infrastructure projects and extraordinary powers are granted.
ERRATA FE
Public Power-Legislative Branch
In Official Journal 48,982 of Friday, November 22, 2013, Law 1682 of 22 November 2013 was published, whereby measures and provisions for transport infrastructure projects are adopted and powers are granted. extraordinary; however, article 72 of the published text presents transcription errors with respect to its original.
The complete and corrected text of Article 72 is then transcribed:
" Article 72. Residual capacity for procurement for public works contracts. The residual capacity for procurement when public works contracts are to be made shall be obtained from subtracting from the contracting capacity, the balance of the value of the running contracts.
Hiring capacity should be calculated by evaluating the following factors: Experience (E), Financial Capacity (CF), Technical Capacity (CT), and Organization Capacity (CO).
For the purposes of the assessment of the factors referred to in the preceding paragraph, for no reason, nor under any circumstances will profit and profit be taken into account.
The National Government will regulate the matter, within sixty (60) days after the enactment of this law, by reaching the technical concept of the Colombian Society of Engineers, under Law 49 of 1904, to promote a fair regulation on the implementation of minimums and maximums that guarantee the rights of small contractors. "
(Law 4a of 1913 in its article 45 reads: " Caligraphic or typographical leanings in the quotations or references of laws to others shall not impair, and shall be modified by the respective officials, when there is no doubt as to the will of the legislator. " This law authorizes the National Press of Colombia to publish typographical and typographical leanings that appear in the rules.
In order to provide clarity, the full text of Law 1682 of 22 November 2013 is published again.
COLOMBIA CONGRESS
DECRETA:
GENERAL, PRINCIPLES, AND POLICIES FOR TRANSPORT INFRASTRUCTURE.
ARTICLE 1o. The provisions of this law shall apply to the transport infrastructure.
ARTICLE 2o. The transport infrastructure is a mobility system integrated by a set of tangible, intangible assets and those related to it, which is under surveillance State control, and is organized in a stable way to allow the movement of people, goods and services, access and integration of the different areas of the country and which is proposed by the growth, competitiveness and improvement of the quality of life for citizens.
ARTICLE 3o. CHARACTERISTICS OF THE TRANSPORT INFRASTRUCTURE. The transport infrastructure as a system is characterized by being intelligent, efficient, multimodal, safe, accessible to all people and environmentally sustainable, adapted to the climate change and vulnerability, with mitigation actions and is aimed at facilitating and enabling transport in all its modes.
ARTICLE 4. TRANSPORT INFRASTRUCTURE INTEGRATION. The transport infrastructure is integrated, among others by:
1. The road network for land transport vehicles with its exclusion zones or compulsory retirement belts, operating facilities such as weighing stations, operations control centres, toll stations, service and care areas, facilities and its signage, among others.
2. Bridges built over road access in Border Zones.
3. Viaducts, tunnels, bridges and access to land and port and airport terminals.
4. Rivers, seas, inland waterways and other public goods associated with them, as well as signalling elements such as headlamps, buoys and other elements for the facilitation and security of maritime and river transport and systems traffic support and control, without prejudice to its connotation as elements of the sovereignty and security of the State.
5. Sea and river ports and their paths and access channels. The port, maritime and river infrastructure includes the radas, anchorages, access channels, operating areas, environmental protection zones and/or commercial exploitation, the docks, directional dikes, dikes of contraction and other works that enable the maintenance of a navigation channel, shore protection structures and the land on which such works are constructed.
6. Railway lines and infrastructure for the control of transit, railway stations, signalling and their exclusion zones or compulsory retirement funds.
7. The specialized logistics infrastructure that includes the wholesale supply nodes, land transportation centers, logistics areas, air cargo centers, port logistics areas, dry ports, and areas multimodal logistics.
8. The aeronautical and airport infrastructure aimed at facilitating and enabling air navigation.
9. Cable Transport Systems: cable car, air cable, towing cable and cable car, built in public space and/or with destination for freight or passenger transport.
10. The urban infrastructure that supports public transportation systems, integrated mass transit systems, strategic public transportation systems, and integrated public transportation systems; the public space that makes it up; separators, green areas, areas of environmental control, occasional parking areas, as well as cycle paths, fishing grounds, terminals, stations and technology platforms.
11. Intelligent transport system networks.
PARAGRAFO 1o. The integration referred to in this article does not modify the additional competencies, uses, property, or destination that the legislator has provided for the goods described above.
PARAGRAFO 2o. The exclusion zones or mandatory retirement straws must be previously acquired by the transport infrastructure project manager, when their use is required.
ARTICLE 5o. The actions of planning, execution, maintenance, improvement and rehabilitation of transport infrastructure projects and works materialize the general interest provided by the Political Constitution by encouraging the development and economic growth of the country; its international competitiveness; the integration of the National Territory; and the enjoyment of people's rights and an element of sovereignty and security of the State. For this reason, the development of the above actions constitutes a public function that is exercised through the competent entities and bodies of the national, departmental, municipal or district order, directly or with the participation of the of the individuals.
ARTICLE 6o. The transport infrastructure in Colombia must take into account the rules of accessibility to the modes of transport of the general population and especially of persons with disabilities, as well as as integral and sustainable urban development.
The above, without prejudice to the relevant technical requirements for each case.
ARTICLE 7o. Public entities and persons responsible for the planning of transport infrastructure projects must identify and analyze integrally during the structuring stage, the existence in the area of direct and indirect influence of the project, the following aspects, among others:
a) Public service networks and assets, oil industry assets and infrastructure, and information and communications technology infrastructure;
b) The urban, architectural, cultural and archaeological heritage;
c) The resources, goods or areas subject to authorization, environmental permit or license or in the process of declaring a reservation, exclusion or protected areas;
(d) The buildings on which measures of protection of the property of the displaced population and/or restitution of land fall, as provided for in Laws 387 of 1997 and 1448 2011 and other provisions that modify, add, or supplement;
e) The established ethnic communities.
f) Mining titles in award, awarded, existing and operational processes;
g) Predial diagnostics or pregod analysis object of acquisition.
For such purposes, they must ask the authorities, entities or companies that hold these activities or services to provide such information, which must be supplied within a maximum period of thirty (30) calendar days after their request.
Consulted on the information systems in force at the time of the structuring, such as the Comprehensive Highway Information System (SINC), and the Colombian Special Data Infrastructure System, among others, and not limited to They, together with the information that they deal with the previous literals, the responsible for structuring of transport infrastructure projects will have to analyze integrally the same, with the objective to establish the best cost-benefit for the project according to the aspects, programmes, plans and projects that impact it. The structurator will maintain a permanent dialogue with stakeholders and stakeholders to ensure the general interest.
The Intersectoral Infrastructure Commission will decide, in the event of overlapping and/or conflict between projects in the different sectors or with the aspects outlined above, how it should be carried out.
ARTICLE 8o. For the purposes of this law, the following principles are defined, under which transport infrastructure will be planned and developed:
Accessibility. In the development of infrastructure projects and transport services, tariffs, coverage and provisions shall be considered to allow access for all persons and also access to the cargo.
Adaptation and mitigation to climate change. Transport infrastructure projects should consider implementing technical measures to reduce the vulnerability of transport systems by reason of the actual or expected effects of climate change. They must also implement technological changes and replacements that reduce the input of resources and emissions of pollutants and particulate matter per unit of production.
Quality of Service. The transport infrastructure must consider the needs of customers, users or citizens, as well as the minimum characteristics required to comply with applicable national or international standards and service standards.
Capacity. The improvement of the capacity of the infrastructure will be sought, in accordance with the technical conditions of supply and demand of each mode of transport.
Competitiveness. The planning and development of the country's transport infrastructure projects should be aimed at improving production, support and expansion of domestic industry and foreign trade and their participation in the markets. and to promote the creation of jobs. The consolidation of external trade freight corridors and connecting the main production and consumption centres with seaports, airports and border points with the road, river or air traffic network will be boosted.
Connectivity. Transport infrastructure projects will have to provide for the connectivity with the different transport networks in charge of the nation, the departments and the municipalities, which is why the type of infrastructure to be built will vary depending on the likelihood of effects from natural causes, expected benefits, and construction costs.
Efficiency. The transport infrastructure projects will seek to optimise the integrated mobility system, the appropriate organisation of the various modes of transport and the creation of integrated logistics chains.
Security. The transport infrastructure to be built in the country must meet criteria and standards of quality, opportunity, safety and the vision of zero deaths in accidents, for any mode of transport.
This security involves actions to prevent or minimize traffic accidents and to provide information about the measures to be taken to minimize the consequences of an accident at the time of its occurrence.
Environmental Sustainability. Infrastructure projects shall comply with each of the requirements laid down in the environmental legislation and shall have the environmental licence issued by the Anla or the competent authority.
1 of Law 1742 of 2014. The new text is as follows: > Infrastructure projects must be designed and developed with the highest environmental sustainability criteria, in line with the previous environmental impact studies duly socialized and complying with all the requirements laid down in the legislation for the protection of natural resources and in licences issued by the competent environmental authority, who shall ensure strict monitoring and monitoring of all the activities of the projects.
ARTICLE 9o. INTERMODALITY, MULTIMODALITY, ARTICULATION AND INTEGRATION. The infrastructure projects will be planned in order to ensure the intermodality of the transport infrastructure, the multimodality of the services provided and the articulation and integration between the various modes of transport, in order to achieve the connectivity of the different regions of the country and of these with the outside.
The National Government will regulate the matter within the next hundred and twenty calendar days.
ARTICLE 10. TRANSPORTATION INFRASTRUCTURE PROJECTS WITH URBAN AND RURAL INTERVENTION OF THE SECONDARY OR TERTIARY NETWORK. In the public utility and social interest transportation infrastructure projects in charge of the Nation that require interventions urban or rural areas of the secondary or tertiary network for their development, a collaboration and coordination agreement with the relevant Territorial Authority will be signed in order to establish the responsibilities that each of the parties assumes in the execution of the activities related to the project.
In case of no agreement in a term of ninety (90) days, the entity responsible for the project in charge of the Nation will continue with the transport infrastructure project, giving the territorial entity a document that counts of the review of the viability of the project of the nation, is in line with the plan of Territorial Development and the actions of mitigation of impacts on the territory to intervene.
ARTICLE 11. In order to improve urban mobility, reduce poverty and promote social inclusion, the National Government will promote the design, construction and operation of urban cables.
DEFINITIONS.
ARTICLE 12. With regard to the land, aeronautical, airport, and water transportation infrastructure, the following definitions shall be taken into account:
Activities and protection works. Mechanical work of protection and mitigation, permanent or temporary, on the assets, networks and infrastructure of public services and complementary activities, information and communications technologies and the industry of the oil.
Construction. They are those new works that include the lifting or the armed of some kind of transport infrastructure.
Costs associated with moving or relocating networks and assets. It corresponds to the value of the dismantling and installation of a new or active network. This value will include the acquisition of new assets, easements, licensing, contractual management and in general the costs involved in the installation of the new network, as well as the necessary works to ensure continuity and quality in the the provision of public services during the transfer or relocation of networks and assets. The determination of the value of the asset shall be subject to the principle of non-transfer of income between sectors.
Engineering Studies. Without prejudice to the provisions of Law 1508 of 2012 and its regulatory decrees, the following definitions must be taken into account in the preparation of the various engineering studies to be carried out for the implementation of the infrastructure projects:
Phase 1. Prefeasibility. It is the phase in which the project's approximate predesign must be performed, presenting alternatives and performing the preliminary economic assessment using costs obtained in projects with similar conditions, using simulation models duly approved by the applicant entities. In this phase, the tool or database to be determined by the Ministry of Environment and Sustainable Development must be consulted for this purpose, within the Comprehensive Window of Environmental Formalities in Line (Vital). The objective of Phase 1 is to provide the process for establishing the layout alternative that meets the technical and financial requirements to a greater extent.
Phase 2. Feasibility. It is the phase in which the project must be designed and the final economic assessment carried out, by means of the simulation with the model approved by the contracting entities. It is intended to establish whether the project is feasible for its implementation, considering all aspects related to it.
This phase identifies the existing networks, infrastructures and assets, the ethnic communities and the urban, architectural, cultural and archaeological heritage that may impact the project, as well as mining titles in the award, awarded, existing and in operation.
The feasibility studies of the project may be carried out, the public entity or the design manager may have already been awarded the project, continue with the elaboration of the final designs.
Finalized this feasibility phase, the public entity or the contractor, if the transport infrastructure project has already been awarded, will advance the environmental impact study, which will be submitted for approval by the environmental authority. who will grant the respective license.
Phase 3. Definitive studies and designs. It is the phase in which the detailed designs of both geometrical and all the structures and works that are required must be elaborated in such a way that a builder can materialize the project. The aim of this phase is to implement the final project in the field and to design all its components in such a way that it can be built.
Oil Industry. Public utility activity in the areas of exploration, exploitation, refining, transportation and distribution of hydrocarbons and their derivatives according to Decree-Law 1056 of 1953 and the rules that modify, replace or supplement.
Specialized Logistics Infrastructures (ILE). These are delimited areas where activities related to logistics, transportation, handling and distribution of goods are carried out by one or more operators. Basic technical functions and value-added activities for domestic and international merchandise trade.
They include wholesale supply nodes, land transport hubs, logistics areas for distribution, air freight hubs, port logistics areas, dry ports, and multimodal logistics areas.
Emergency Maintenance. It refers to the interventions in the infrastructure derived from events that have as origin climatic, telluric, terrorism, among others, that in the light of the current legislation they can be considered events of force majeure or case fortuitous. These activities are subject to regulation, within one hundred and twenty (120) calendar days following.
Periodic Maintenance. It includes the performance of conservation activities at variable intervals, primarily intended to recover the deterioration caused by the use or by natural phenomena or external agents.
Routine maintenance. It refers to continuous conservation (at intervals of less than one year) in order to maintain the optimal conditions for the transit and proper use of the transport infrastructure.
Enhancement. Changes in a transport infrastructure for the purpose of improving its initial technical specifications. These activities are subject to regulation within one hundred and twenty (120) calendar days following.
Transport Mode. Airspace, terrestrial or aquatic space supported by a specialized infrastructure, in which the respective means of transport transit.
Air Mode. It comprises the aeronautical and airport infrastructure for air transport.
Land Mode. It includes road, rail and cable infrastructure for land transport.
Waterway. It includes the maritime, river and lake infrastructure for the aquatic transport.
Transport node. Infrastructure in which activities are developed that allow the exchange of one or more means or modes of transport.
Networks and assets. It corresponds to the set of physical elements intended for the provision of the respective public service, information and communications technology or the petroleum industry, in accordance with the current regulations included in the corresponding Regulation Commission or Ministry of Mines and Energy.
Rehabilitation. Rebuilding a transport infrastructure to return it to the initial state for which it was built.
Relocating or moving networks and assets. It includes the uninstallation, mobilization of the infrastructure of existing networks and assets, to be located in a different site, in such a way that the respective service is continued with the same network or asset or some of its components and/or comprises the dismantling, inuse or abandonment of the network and asset infrastructure and the construction of a new or active network or some of its components in a different site, such that the respective service is continued by lending under the same conditions.
Automatic Sanitation. It is a legal effect that operates by law ministry exclusively in favor of the State, when it advances the acquisition of real estate, for the reasons of public utility enshrined in the law for infrastructure projects. transport. By virtue of such legal effect, the State acquires the full ownership of the property of the property and all disputes or disputes relating to the property are settled in its favor.
The above, without prejudice to the conflicts that may exist between third parties on the property, which will be resolved through the different forms of conflict resolution, without being able to be opposed to the State.
Transport-related services. They are all the services and/or activities that are developed or provided in the transport infrastructure and complement the transport, in accordance with the powers of the authorities foreseen for each mode.
Such services allow for a modal or multimodal operation, also taking into account the activities of transport under conditions of regularity and eventualities.
Among these services are vehicle assessment and evaluation, passenger and freight terminals, schools of education, and the centers of disintegration and recycling of vehicles, among others.
Integrated Terms of Reference. These are the standard guidelines that the Ministry of Environment and Sustainable Development, in coordination with the National Environmental Licensing Authority, set for the elaboration of and execution of all environmental studies for transport infrastructure projects, without prejudice to the specific guidelines required by the competent environmental authority for each project.
The applicant shall present the studies exclusively in accordance with these comprehensive terms of reference, which shall be mandatory.
Neighbors or Surrounding. For the purposes of the article that regulates Temporary Authorization, the rural premises shall be deemed to be neighbouring or adjacent to the work, if they are not more than 50 km away from the work.
PARAGRAFO. In any case, the definitions contained in international technical regulations to be observed by the Colombian authorities shall prevail against those that are regulated in this article.
SPECIAL PROVISIONS FOR HIRING OF TRANSPORT INFRASTRUCTURE.
ARTICLE 13. Contracts that will develop transport infrastructure projects, will include a clause in which the mathematical formula determining the possible benefits is established (a) reciprocal termination of an agreement between the parties or a unilateral decision.
PARAGRAFO 1o. The contracting public entity shall ensure the economic equilibrium of the contract at any stage of its execution and may propose, if it considers it, in accordance with the law in force, the payment in advance of the recovery of the investment in the operating stage, in accordance with the formula described in the contract.
PARAGRAFO 2o. For contracts concluded prior to the sanction of this law, which are in operation, the contracting public entity may propose formulas that will accelerate the recovery of the investment, guaranteeing the contractor the payment of the benefits to which he is entitled, making it possible by common agreement to terminate the contract, which must be based on the grounds provided for in the General Staff Regulations State, as long as it is required to execute a work of public interest or for reasons of utility and general interest.
Compensation or payments to be made may be determined by common agreement between the parties or by making use of the friendly composition, or by an arbitral tribunal, or any other alternative dispute settlement mechanism.
PARAGRAFO 3o. By law ministry, early termination will involve the subrogation of the public entity responsible for the rights and obligations of the license holder, permits or authorizations environmental, mining titles and in general another class of permits or authorizations obtained for the execution of the transport infrastructure project.
The foregoing, without prejudice to the obligations outstanding at the time of termination, on which the parties may agree who assumes the respective responsibility, or to terminate that decision to a third party, making use of any mechanism conflict resolution alternative.
ARTICLE 14. SETTLEMENT OF DISPUTES. For the settlement of disputes arising from or on the occasion of the conclusion, development, execution, interpretation, termination and settlement of state contracts, the parties may include clauses Undertakings, having always to observe the provisions of Law 1563 of 2012 and other rules which add, modify, replace or regulate, in particular, the rules governing the use of mechanisms alternative dispute resolution for public entities.
Likewise, you will apply the following rules in a special way:
a) 2 of Law 1742 of 2014. The new text is as follows: > The decisions taken in the exercise of the alternative dispute resolution mechanisms related to the contract must be proposed on the right, except in the event of the friendly composition in which the decision may be adapted in equity, in accordance with Article 60 of Law 1563 of 2012.
(b) The parties may agree on legal, technical or financial matters to be decided, in whole or in part;
(c) Arbitrators and friendly components shall not have jurisdiction to rule on the legality of administrative acts issued in the exercise of exceptional powers;
d) In the event of the use of the friendly component, the entities covered by this law must include in the respective clause the rules that guarantee the rights of equality, publicity, contradiction and defense;
e) The exercise of such mechanisms shall not automatically suspend the exercise of powers other than the common right to which the contracting entities enjoy, except as a precautionary measure decreed in the terms of Chapter XI of the Title V of Part II of Law 1437 of 2011 or other rules that add, modify or replace it;
(f) Public entities subject to this law shall be prohibited, to appoint members of the arbitration panel or to a friendly component in the arbitration clause relating to or unequivocally referred to in the contract, or to documents that make up the in the specifications. The rules for the appointment of Law 1563 of 2012 will be followed;
g) Contracting entities shall define from the specifications the profile of the arbitrators and friendly components, in such a way that their personal and professional conditions, are suitable for the object of the contract and the activities to be developed by the parties;
(h) No arbitrator, user-friendly or secretary may be held simultaneously as such, in more than three (3) courts or amiable component in which a public entity object of this law, or in conflicts, intervenes as a party. relating to these;
i) The entities subject to this law shall in the arbitration clauses limit the fees of the arbitrators or the friendly components. Where the respective clause does not have a readjustment formula, the limit may not be modified or updated by the arbitrators or the friendly components;
j) Public entities shall include costs and expenses that demand the use of such mechanisms in their budgets.
PARAGRAFO. In contracts concluded prior to the issuance of this law by autonomy of the will of the parties, it may be applied to the rules provided for in this article.
ARTICLE 15. PERMITS FOR THE DEVELOPMENT OF TRANSPORT INFRASTRUCTURE PROJECTS. Without prejudice to the provisions of Law 1508 of 2012, any interested party may request the competent authority, permission for the development of your account and risk of transport infrastructure projects of your interest.
The competent entity will analyze the technical, legal and financial convenience of the project and may grant the permit if it considers it to be in line with the sector's plans, programs and projects, and if the same has the technical concepts and the relevant legal authorisations.
The project should be developed under the appropriate standards and technical standards and must ensure its connectivity to the existing infrastructure. All goods and services resulting from the development of the project shall be of ownership, use, exploitation and administration of the Nation or territorial entity as appropriate.
In no case shall the authorization or permission granted constitute a contract with the individual, nor shall the entity be required to recognize or pay the value of the investment or any other expense or cost associated with the infrastructure project transport.
Nor can it be understood that the private individual obtains exclusive or preferential right to the property, use, usufruct, exploitation or free disposition and disposal of the good or service of the transport infrastructure project. These rights will have them on an equal footing with other citizens.
The National Government will establish the conditions that both national and territorial entities must comply with in order to grant these permits, within a period of not more than one hundred and twenty (120) calendar days. Additionally, you will regulate what is relevant to the
connectivity between the private-interest transport infrastructure project and the Vial Network in order to prevent those projects from causing harm to the general interest.
ARTICLE 16. For the development of transport infrastructure projects, the entities must open the selection processes if they have at least Feasibility Stage engineering studies, without prejudice to the legal, environmental and financial studies with which the entity is to be counted.
PARAGRAFO. The previous disposition will not apply:
(a) When exceptionally the public entity requires to contract the elaboration of studies and designs, construction, rehabilitation, improvement and/or maintenance that are contemplated in a comprehensive manner, or
b) For the prior review and verification of private-initiative public-private partnership projects provided for in Law 1508 of 2012 or the rule that amends, replaces or replaces it, the processing with studies and designs in pre-feasibility stage.
ARTICLE 17. WORK FRENTS 7x24. Transport infrastructure project contractors may request the contracting entity to increase work fronts and/or carry out work on 3 shifts per day (24 hours), seven days a week. week to comply with their work schedules in case of filing arrears or to increase yields and advance the execution of the project. In the latter case, they will have to present their proposal, respecting the budgetary appropriations of the validity that will be covered by the respective contract. They may also request contractual adjustments involving the advance of work. The entity will have thirty (30) calendar days to either accept or motivate the request.
For the new structure of transport infrastructure projects, which will start from the entry into force of this law, the state and private entities will have to plan the development of the works, with 3 day shift work (24 hours), seven days a week.
Likewise, state entities will be able to make effective fines and/or penal clause by requiring the contractor to install work fronts in 3 daily shifts (24 hours), seven days a week up to the value of the penalty, as a mechanism conminatory and form of payment. This power is to be attributed to the clauses of fines and pecuniary criminal clause agreed in the contracts concluded before the issue of this law and in which the parties ' will have been given autonomy provided for the competence of State entities to impose and enforce them.
ARTICLE 18. LIABILITY. Legal persons who implement infrastructure projects under the Private Public Association modality their liability regime shall be the one established in civil and commercial laws according to the type of company that you agree to.
PREDIAL MANAGEMENT AND ACQUISITION, ENVIRONMENTAL MANAGEMENT, PUBLIC SERVICE ASSETS AND NETWORKS, ICT AND OIL INDUSTRY, AMONG OTHERS, AND MINING PERMITS AND EASEMENTS.
MANAGEMENT AND PREDIAL ACQUISITION.
ARTICLE 19. Define as a matter of public utility and social interest the execution and/or development of transport infrastructure projects referred to in this law, as well as the development of activities related to their construction, maintenance, rehabilitation or improvement, the administrative or judicial expropriation of the urban and rural property and buildings required for this purpose, in accordance with the Article 58 of the Political Constitution.
ARTICLE 20. 2 of Law 1742 of 2014. The new text is as follows: > Predial acquisition is the responsibility of the State and for this the public entity responsible for the project may advance the administrative expropriation based on the motive defined in the previous article, following for the effect the procedures provided for in Law 9a of 1989 and 388 of 1997, or the judicial expropriation with foundation on the same ground, in accordance with the provisions of the 9th of 1989, href="ley_0388_1997.html#INICIO"> 388 of 1997 and 1564 of 2012.
In all cases of expropriation, including ongoing predial acquisition processes, the special rules provided for in this law should apply.
PARAGRAFO 1o. The acquisition of private or public property necessary to establish ports, will be brought forward in accordance with the special rules of Law 1st of 1991 or those that complement it, modify or replace expressly.
PARAGRAFO 2o. Due process must be ensured in the acquisition of pregod necessary for the development or execution of transport infrastructure projects, as a result, public entities or Individuals acting as their representatives must abide by the procedures laid down in the law, while respecting the right of contradiction in all cases.
ARTICLE 21. a) the acquisition of immovable property for the purposes of public utility and social interest enshrined in the laws shall be in favour of the public entity for the automatic reorganisation of any vice relating to its title and tradition, including those arising after the acquisition process, without prejudice to the indemnification actions which for any cause may be directed against the holders entered in the respective register property, different from the acquiring public entity.
The automatic consolidation of this article will be applicable to the buildings acquired for transport infrastructure projects, even before the validity of the 9th Act of 1989, in accordance with the regulations issued by the National Government within a period not greater than one hundred and twenty (120) calendar days.
PARAGRAFO 1o. Automatic sanitation will be invoked by the acquiring entity in the title of domain tradition and will be the subject of registration in the corresponding enrollment portfolio.
PARAGRAFO 2o. The public entity that decides to use the automatic sanitation mechanism must verify if the property to be acquired is registered in the Land Registry and Abandoned Forcibly created by Law 1448 of 2011, in charge of the Special Administrative Unit for the Management of the Restitution of Despojated Lands, if there is an ongoing judicial process of restitution, as well as if there are measures of protection entered by the individual or collective road in favour of the owner who has not been raised, as provided for by Law 387 of 1997 and the Decree number 2007 of 2001. In these cases the owners will be understood to lack the capacity to voluntarily dispose of them.
In cases where only applications for restitution or registration are found in the Register of Abandoned Or Abandoned Land, the expropriation will be brought forward and the judge's knowledge of these processes will be made available to the judge. In order to ensure that the refund process is initiated once the refund process is initiated, it shall be placed at the order of the court of return.
The inclusion of the provision in the road projects approved by the National Government will be understood in the terms of article 72 of Law 1448 of 2011 as a legal impossibility for restitution that impose on the Fund of the Special Administrative Unit for the Management of the Restitution of Despojadas Lands to compensate the victims with a provision of similar conditions, in the order and guidelines set out in the article 98 of Act 1448 of 2011 and its regulatory decrees. However, in such cases, the payment of the compensation shall be made from the resources entered in the judicial deposit made by the entity that owns the project, under the expropriation process.
In case the restitution process is pending, the expropriation process will begin, but the results of the restitution process will be expected to determine who the value of the property is used for. Where the refund applies, the value entered shall be transferred to the Fund of the Special Administrative Unit for the Restitution of Despored Lands to compensate for the victims whose property is legally impossible to restore, in the terms provided for in Article 98 of Law 1448 of 2011 and its regulatory standards.
Automatic sanitation will not detract from the protection measures inscribed in the Single Register of Despoted Lands for advertising purposes in favor of the holders, however, the test will be considered constituted for the respective effects in eventual restitution processes that are brought forward in the future over the good.
If the object of the expropriation is the partial acquisition of a given property, subject to the cases provided for in this paragraph, in the Real Estate Registry Folio of the remaining part that is not the object of acquisition, to maintain the protection measures included. In addition, taking into account that no projects are affected, the restitution will proceed, provided that the elements and requirements required by Law 1448 of 2011 are given.
Fulfilled the special procedure for the acquisition of land linked to the restitution of land or with protective measures, the sanitation will proceed for reasons of public utility.
However, the advance delivery of the premises may be requested by the entity responsible for the infrastructure project before the judge of knowledge of the expropriation process. In any event, the judge of expropriation or the commissioner judge, during the delivery diligence, must inform that the consignment of the value of the property has been made to the orders of the court of restitution.
PARAGRAFO 3o. In any event, no automatic sanitation will involve the lifting of public utility easements against networks and assets, nor the lack of knowledge of the property rights that have previously been established. acquired for the establishment of the infrastructure of home public services and complementary activities, Information and Communications Technologies and the Oil Industry.
ARTICLE 22. LIMITATIONS, AFFECTIONS, CHARGES TO THE DOMAIN AND PRECAUTIONARY MEASURES. In the process of acquisition of required premises for transport infrastructure projects, in the event of a negotiation agreement between the State entity and the the holder shall be registered in the register of registration and prior to the registration of the corresponding public deed, the state entity, with the value of the business, may discount the sum total or proportional which is owed by way of charges, limitations, affectations and precautionary measures and pay directly such value to the creditor or by judicial deposit at the orders of the respective office, in the event of the cursar of executive or ordinary processes in which the respective charge has been ordered, considering for the purpose the area to be acquired, or to verify that it will carry out directly the holder. If not possible, the process of administrative or judicial expropriation will continue, as appropriate.
The acquiring state entity shall issue a trade to the respective Public Instruments Registrar or the competent authority, in which it is requested to lift the limitation, affectation, lien or precautionary measure, evidencing the payment and peace and the corresponding except where there is a place. The Registrar must take the application in a term of 15 working days.
Once the respective entry has been made in the register, the Registrar must give notice by trade to the relevant notary to hear in the respective public deed of the property.
The precautionary measures to the domain whose registration is expired in accordance with the provisions of Law 1579 of 2012, may be cancelled with the request made by the state entity to the Registrar of Public Instruments.
In the case of public utility easements and the networks and assets established there can be maintained, the registration of the lien in the building's portfolio will be retained.
ARTICLE 23. AVALUADORES AND METHODOLOGY OF AVALUO. The commercial value for the acquisition or expropriation of the buildings required for transport infrastructure projects will be carried out by the Agustín Codazzi Geographic Institute (IGAC) or the authority the corresponding cadastral or natural or legal persons of a private nature registered and authorized by the Land of Root Property.
The commercial endorsement, if appropriate, will include the value of the compensation or compensation that would be made to affect the assets of the individuals.
For the acquisition or expropriation of buildings required in transport infrastructure projects, the Geographic Institute "Agustin Codazzi" (IGAC) will have the function of adopting the norms, methods, parameters, criteria and procedures that should be applied in the preparation of commercial endorsements and their updating. When the circumstances indicate, the Agustin Codazzi Geographic Institute (IGAC) will introduce the necessary modifications.
The standards, methods, parameters, criteria and procedures established and/or modified by the Agustin Codazzi Geographic Institute (IGAC) are mandatory and strict compliance for the owners, owners and managers of the management predial in transport infrastructure projects.
PARAGRAFO. The unjustified delay in the avalums made is a cause of disciplinary misconduct, without prejudice to the other responsibilities that the guarantor may incur.
ARTICLE 24. REVIEW AND CHALLENGE OF COMMERCIAL AVALANCHES. For the acquisition or expropriation of goods required in the transport infrastructure projects, the requesting entity, or who does its own times, of the commercial value, may request the review and challenge within the (5) days following the date of delivery. Impeachment can be proposed either directly or in subsidy of the review.
The application by which the requesting entity or who does its times, based on technical considerations, requires the person who made the commercial endorsement, to reconsider the valuation and/or price presented, is understood by review. correct, reform, or confirm them.
It is for the commercial guarantor to decide on the requested revision within ten (10) days of his presentation. Once the review has been decided and if there is a place to deal with the challenge, whoever has decided the review will send the file to the Agustin Codazzi Geographic Institute (IGAC) within three (3) days after the date of the act by which resolved the review.
The challenge is the procedure that is advanced by the requesting entity, or who does its times, before the Agustín Codazzi Geographic Institute (IGAC), so that it examines the commercial value, in order to correct it, to reform it or to confirm it.
The Agustin Codazzi Geographical Institute (IGAC) is responsible for resolving the challenges in all cases, for which it will function in its structure the instances where there is a place. The decision will be binding. The deadline for resolving the challenges shall be ten (10) days and shall be counted from the day following the date of submission of the challenge.
PARAGRAFO 1o. As soon as it is not incompatible with the provisions of this law, it shall apply for the review and challenge as provided for in the Administrative Procedure Code and Administrative Contentious or other rules modify, repeal or replace it.
PARAGRAFO 2o. The commercial endorsement shall be valid for one (1) year, counted from the date of its communication or from the date on which the review and/or challenge was decided and notified.
PARAGRAFO 3o. The requesting entity, or who does its own times, shall bear the costs that the attention of the challenges referred to in this Article requires, in accordance with the rates set by the Institute. Geagustin Agustin Codazzi (IGAC).
PARAGRAFO 4o. The unjustified delay in the resolution of the review or challenge of the avalums is a cause of disciplinary misconduct, without prejudice to the other responsibilities in which it may be The Agustin Codazzi Institute (IGAC) public servant or public servant, as the case may be.
ARTICLE 25. NOTICE OF THE OFFER. 4 of Law 1742 of 2014. The new text is as follows: > The offer shall be notified only to the holder of the actual rights recorded in the registration number of the immovable property subject to expropriation or to the respective regular holder registered in accordance with the the laws in force.
The offer shall be submitted by the legal representative of the competent public entity to acquire the building or its delegate; for its notification, the owner or registered holder shall be made a trade, which shall contain at least:
1. Indication of the need to purchase the building for public utility purposes.
2. Scope in accordance with technical feasibility studies.
3. Precise identification of the building.
4. Value as purchase price in accordance with the provisions of article 37 of this law.
5. Complete information on possible processes that may be presented as: voluntary disposal, administrative or judicial expropriation.
The deadlines must be explained, and the methodology for quantifying the value to be cancelled for each owner or holder as per the case.
The offer shall be notified only to the holder of the actual rights recorded in the registration number of the immovable property or to the respective registered regular holder, in accordance with the provisions of the Code of Administrative and Administrative Procedure.
Once the offer has been notified, the direct negotiation stage will be understood, in which the registered owner or holder will have a term of fifteen (15) working days to manifest their will in relation to the offer, either accepting, or rejecting it.
If the offer is accepted, you will need to subscribe to the public purchase or purchase promise within the next ten (10) business days and to register the deed in the office of public instrument registration of the site. corresponding.
The owner or holder of the provision shall be deemed to give up the negotiation when:
a) Keep silent on the direct negotiation offer.
b) Within the deadline to accept or reject the offer, no agreement is reached.
(c) Do not subscribe to the deed or the promise of purchase and sale within the time limits laid down in this law for reasons attributable to them.
It will be mandatory to initiate the expropriation process if thirty (30) business days after the purchase offer has been communicated, no formal agreement has been reached for voluntary disposal, contained in a contract of promise. for purchase and/or public deed.
Notified the offer of purchase of the real estate on which the declaratory of public utility or of social interest falls, and entered that offer in the respective Certificate of Freedom and Tradition, the same ones will not be able to be object of any limitation to the domain. The Registrar shall abstain from the registration of acts, limitations, charges, precautionary measures or affections to the domain over those
ARTICLE 26. UPDATE OF PLACE AND LINES. In case in the process of acquisition or expropriation of buildings necessary for the realization of transport infrastructure projects, the update of the place and/or the line, the entity is required public, or who does its own times, will proceed to request such a procedure before the Geographic Institute Agustín Codazzi (IGAC) or the corresponding cadastral authority.
The Agustin Codazzi Geographical Institute (IGAC) or the corresponding cadastral authority will compare the information contained in the registered titles with which it has incorporated in its databases, having and practicing a technical inspection to determine their match. If the information in the registered titles is consistent with that of its databases, it shall issue the certification of the place and/or line.
If the cadastre information does not match that of the registered titles, the Agustin Codazzi Geographic Institute (IGAC) or the corresponding cadastral authority will summon the holders of domain rights and other interested parties, directly or In order to search for an agreement based on a proposal that on space and/or lines the Agustín Codazzi Geographic Institute (IGAC) or whoever does its own times I realized. If an agreement is reached, the certification of the place and/or line will be issued; otherwise, the judicial instances will be exhausted to the place by the holders of the right of dominion.
The term for processing and issuing the certificate of place and/or lines is two (2) months unextendable counted from the receipt of the application, when the information of the registered titles coincides fully with that of the cadastre. If it does not coincide and it is necessary to summon the domain holders and other interested parties, the term to exhaust the procedure will be four (4) months, which will be counted from the receipt of the application.
Once the certification of the place and/or the lines is issued, the Geographic Institute Agustin Codazzi (IGAC) or the corresponding cadastral authority will give transfer to the entity or agency in charge of the registry of public instruments of the respective jurisdiction, within 5 days of the following, in order to ensure that the case is made. The entry in the register shall be made within 10 calendar days from the receipt of the certification.
The Agustin Codazzi Geographical Institute (IGAC) will establish the procedure to develop the procedure of space and/or lines indicated here, in a term not greater than three (3) months, counted from the validity of this law.
PARAGRAFO 1o. The requesting Entity, or who does its own times, will assume the costs that the attention of the processing referred to in this article requires, in accordance with the rates set by the Geographic Institute Agustin Codazzi (IGAC) or corresponding cadastral authority.
PARAGRAFO 2o. The unjustified delay in the present procedure of updating of the place and lines or their registration in the register is a cause of disciplinary sanction, which can be imposed either by trade or by complaint of the interested, without prejudice to the liability that may be the case for the official.
ARTICLE 27. VOLUNTARY INTERVENTION PERMIT. By means of a written document signed by the entity and the holder registered in the registration sheet, a voluntary intervention permit may be agreed upon for the building subject to purchase or expropriation. The permit will be irrevocable once it is agreed.
Based on the subscribed intervention agreement, the entity must start the transport infrastructure project.
The above, without prejudice to the rights of third parties on the property which will not be affected or to the detriment of the voluntary intervention permit, as well as the duty of the person responsible for the transport infrastructure project to continue with the process of voluntary disposal, administrative or judicial expropriation, as appropriate.
PARAGRAFO. In the administrative process, in the event of the voluntary intervention permission of the property being acquired or expropriation not being agreed, within fifteen (15) days of the executor of the administrative act that arranged it, the interested entity will ask the respective police authority, the practice of the diligence of eviction, that must be carried out with the contest of the latter and with the accompaniment of the Ombudsman and/or the municipal person who must ensure the protection of the human rights, within a term of five (5) days, of the due diligence, a record shall be lifted and no opposition shall be made therein.
ARTICLE 28. ADVANCE DELIVERY BY COURT ORDER. 5 of Law 1742 of 2014. The new text is as follows: > Judges shall order the delivery of the declared immovable property of public utility for transport infrastructure projects, in a period of ten (10) working days, from the requesting entity's application, in the terms of Article 399 of Law 1564 of 2012 General Code of the Process or the rule that modifies or replaces it.
If the goods have been the subject of an embargo, mortgage charge or registered claims, for the purposes of ordering the advance delivery, these limitations will not be opposed. In any event, the rights of third parties within the judicial process shall be respected.
Numerals 4 and 11 of Article 399 of Law 1564 of 2012 General Code of the Process, in relation to the advance delivery of the good at the request of the applicant entity, shall enter into effect from the promulgation of this law and shall apply for the processes in progress, in accordance with the details provided for in this law.
ARTICLE 29. ADVANCE DELIVERY OF GOODS IN THE PROCESS OF EXTINCTION OF DOMAIN, BALGOD AND UNDER ADMINISTRATION OF CISA. The real estate necessary for the development of transport infrastructure projects, which are under the administration of CISA or who, in the process of extinction of domain, in the process of clarification or vacant properties, may be expropriated or awarded, as appropriate, by and to the state entity responsible for the project and may request the The competent entity shall deliver advance payment after the deposit of the value of the property, where there is a place.
The advance delivery request can only be made when the transport infrastructure project is in the construction stage. The competent entity shall have a maximum period of 30 calendar days to make material delivery of the required building.
In the event that the domain over the immovable property is not extinguished as a result of the process or in the clarification process a private holder is established, the value of the deposit will be given to the owner of the property.
ARTICLE 30. Paid the value of the property to be expropriated in accordance with the guarantee, the prejudiciality will not proceed for the processes of expropriation, servitude or acquisition of property for works of transport infrastructure.
ARTICLE 31. administrative act by means of which the entity declares the administrative expropriation of the property or orders the beginning of the formalities for the judicial expropriation, will be of immediate application and will enjoy enforcement and executive force.
Against the administrative act that decides the expropriation, only the replenishment resource shall be granted in the return effect.
ARTICLE 32. VOLUNTARY TRANSFER TO FREE TITLE OF STRIPS OF LAND. 1 of Decree 3049 of 2013 > The holders of real rights on the premises required for the implementation of infrastructure projects may give up on a voluntary basis and free of charge in favour of the acquiring entity the real estate of their property without previously having to mediate formal offer of purchase. The assignment referred to in this article will not generate notary and registration fees.
ARTICLE 33. ACQUISITION OF NON-DEVELOPABLE REMAINING AREAS. In the pre-dial procurement processes for transport infrastructure projects, State Entities may acquire from the holders of actual rights on the premises required to the implementation of infrastructure projects, areas in excess of those necessary for such implementation, in cases where it is established that such areas are not developable for any type of activity for failure to comply with the legal parameters; schemes or basic plans for territorial planning or for the treatment of critical or environmental or social risk.
ARTICLE 34. COMMERCIAL GUARANTEES. When the commercial value of the buildings required for the execution of transport infrastructure projects exceeds by 50% the value of the avaluo cadastral, the commercial value may be used as a criterion for to update the cadastral value of the buildings that are discovered as a result of the process of voluntary disposal or judicial or administrative expropriation.
To this effect, the state entity once perfected the process of predial acquisition in favor of the State, will proceed to refer to the cadastral agency or who does its times and to the tax authority, the report of the value paid per meter square, hectare or fanegade of the acquired property.
The territorial entity will be able to decide whether the cadastral value should be updated, and the corresponding increase.
ARTICLE 35. PREGOD ACQUIRED FOR ENVIRONMENTAL COMPENSATION. The pregod that the State Entities must acquire in compliance with environmental obligations established in the Environmental License for compensation, must be transferred to a free title, for be incorporated as public good in the respective plan, scheme or basic plan of territorial arrangement of the jurisdiction in which it is located, to the entity determined by the competent environmental authority, in accordance with the compensation proposed by the applicant.
The ownership and administration of such goods shall be received by the municipal authorities or the respective environmental authorities, in accordance with their powers and their destination.
ARTICLE 36. DIVESTITURE OF REAL ESTATE BETWEEN PUBLIC ENTITIES 2 of Decree 3049 of 2013 > The property rights of public entities that are required for the development of infrastructure projects must be transferred to the entity responsible for the project, for consideration or as input from the respective owning entity to the transport infrastructure project.
For the purpose of determining the value of the property, the transferee entity must contract an endorsement with the Agustín Codazzi Geographic Institute (IGAC), the entity that performs its functions or with private experts registered in the root property markets. or legally constituted associations.
The endorsement that such entities or persons will establish will have a mandatory character for the parties.
The assignment will involve the affectation of the good as well as public use.
In any case, the advance delivery of the building must be performed once requested by the entity responsible for the transport infrastructure project.
ARTICLE 37. 6 of Law 1742 of 2014. The new text is as follows: > The purchase price at the stage of voluntary disposal will be equal to the commercial value determined by the Agustín Codazzi Geographic Institute (IGAC), the decentralized catstars or by registered private experts. in longings or associations, in accordance with the standards, methods, parameters, criteria and procedures that are set by the Agustin Codazzi Geographic Institute (IGAC).
The commercial value will be determined taking into account the municipal or district urban regulations in force at the time of the offer of purchase in relation to the property to acquire and its economic destination and, if appropriate, the compensation which will understand the emerging damage and loss of profit.
The emerging damage will include the value of the property. Loss-making profits shall be calculated on the basis of the real income of the property at the time of acquisition and up to a term of six (6) months.
In the quantification of the emerging damage, only the true and consolidated damage will be taken into account.
In case of no agreement in the stage of voluntary disposal, the payment of the advance will be cancelled in advance taking into account the cadastral guarantee and the compensation calculated at the moment of the offer of purchase, in the stage of judicial or administrative expropriation.
The cadastral value to be taken into account for the payment will be proportional to the area required to be expropriated for the corresponding project.
In order to avoid the speculation of values in the infrastructure projects through the figure of the cadastral self-avalus, the entity responsible for the project or who does its times, it will inform the IGAC or the decentralized catstars the an area of influence for the purpose of suspending the current autavalus cadastral formalities or refraining from receiving new applications.
For compliance with this article, the provisions of Law 1673 of 2013 must be taken into account.
ARTICLE 38. During the stage of construction of the transport infrastructure projects and in order to facilitate their execution the Nation through the heads of the entities of that order and the entities By means of the Governors and Mayors, according to the infrastructure in charge, they have the power to impose easements, by administrative act.
The Ministry of Transport will impose such easements on transport infrastructure projects in charge of the departments, when it is affected that they are located in more than one of them. In addition, the Governor of the department will impose easements on the transport infrastructure projects in charge of the municipalities when they affect the premises located in more than one municipality.
In the projects in charge of the Nation, it will be able to impose easements throughout the National Territory.
For the purposes of this article, a direct negotiation stage must be exhausted within a maximum of thirty (30) calendar days. In the event of no agreement, the imposition of servitude shall be carried out by administrative means. The National Government shall issue the relevant regulations in order to define the terms in which these steps are to be taken.
PARAGRAFO 1o. The Transport Minister may delegate this faculty.
PARAGRAFO 2o. The provisions of this article shall apply to the management required for the execution of public service infrastructure projects, without prejudice to the provisions of Law 56 of 1981.
ENVIRONMENTAL MANAGEMENT.
ARTICLE 39. Transport infrastructure projects must include the environmental variable, in their different phases of engineering, pre-feasibility, feasibility and definitive studies, for apply it in its execution.
For the effect, in development and full observance of the constitutional principles and provisions protecting the environment, water sources and natural resources, the Ministry of Environment and Sustainable Development in coordination with the National Environmental Licensing Authority shall issue the integral reference terms, manuals and guides for transport infrastructure projects, in a maximum term of sixty (60) calendar days, from the enactment of the present law.
During the conduct of the Prefeasibility Studies, the entity or the design officer, should consult the tool or database determined by the Ministry of Environment and Sustainable Development, to be able to obtain the feasibility of one of the project alternatives by the competent environmental authority.
Feasibility Studies, the entity or the contractor if the transport infrastructure project has already been awarded, when there is a place, is obliged to advance with an input character and indispensable foundation for manage and obtain the Environmental License, the Environmental Impact Study.
In any case, the environmental licensing process can be initiated once the Feasibility Studies and the Environmental Impact Study are available. From such studies the environmental authority shall carry out the assessment and take the respective decision. The above without prejudice to the additional information that the environmental authority may exceptionally request to take the relevant decision.
From the third year following the enactment of the law, as a prerequisite for the opening of the selection processes for the construction of transport infrastructure projects, the public entity will be required to have the feasibility of an alternative of the approved project by the competent environmental authority based on pre-feasibility studies, have completed the feasibility studies and have completed the process of prior consultation with the respective community until its protocolization, if applicable.
3 of Decree 3049 of 2013. The new text is as follows: > For the purpose, the environmental authority must comply with the legal terms regarding environmental licensing and those established in this law, so that it will be responsible for the damages that are cause the individuals to be held as a result of non-compliance with the terms laid down in the law. Unjustified delay by the environmental authority may result in disciplinary investigations and sanctions as laid down in Law 734 of 2002.
ARTICLE 40. The management for obtaining the Environmental License, based on the studies referred to in the previous article, may be advanced by the public entity, the dealer and/or contractor. The responsibility for managing and obtaining the Environmental License must be agreed upon in the respective contract.
It is the duty of the Ministry of the Interior to permanently lead and accompany the process of prior consultation with the ethnic communities when required to obtain the environmental license of the transport infrastructure project and the Contracting entity shall be responsible for the commitments that are made with the communities.
ARTICLE 41. MINOR CHANGES IN ENVIRONMENTAL LICENSES. The minor modifications or normal adjustments within the ordinary turn of the licensed activity and which do not involve new environmental impacts, may be executed, prior notice to the environmental authority, without that the procedure for the modification of the Environmental License and/or authorization must be carried out without the need to advance the procedure, taking into account the list provided for in the relevant regulations.
4 of Decree 3049 of 2013. The new text is as follows: > The National Government, which for these purposes is understood by the Ministries of Transport and Environment, prior to the National Environmental Licensing Authority, will regulate in a maximum term of Ninety (90) calendar days from the enactment of this law the listing of minor changes or normal adjustments in transport infrastructure projects, for the due compliance of this provision.
ARTICLE 42. NEW SOURCES OF MATERIALS. When the implementation of a transport infrastructure project identifies and requires new sources of material, upon request of the contractual officer, it shall be brought forward to the Authority. Environmental a request for modification of an exclusive Environmental License for the inclusion of new sources of materials in the Environmental License. This procedure may not exceed thirty (30) days from the date of the application, provided that the information is complete.
For this purpose, the Ministry of Environment and Sustainable Development will issue the corresponding Terms of Reference within sixty (60) calendar days following the issuance of the law.
ARTICLE 43. EMERGENCY WORKS. Declared by the National Government the existence of an emergency that seriously affects a transport infrastructure project, the competent entity shall proceed to request the competent environmental authority to statement on the need or not to obtain licenses, permits or environmental authorizations. The authority, without prejudice to the environmental management measures it orders to adopt, shall, by trade, respond immediately.
ARTICLE 44. The following Transport Infrastructure Projects will not require Environmental License:
a) Maintenance projects;
b) Rehabilitation projects;
c) Improvement projects.
5 of Decree 3049 of 2013. The new text is as follows: > For the due compliance with this provision, the National Government, which for these purposes is understood to be formed by the Ministries of Transport and Environment, in coordination with the National Authority of Environmental licenses, will regulate in a maximum term of ninety (90) calendar days, from the date of issue of this Law, the listing of improvement activities in transport infrastructure projects.
PARAGRAFO. In the event that one or more enhancement activities require environmental permissions or authorizations, the public entity responsible for the transport infrastructure project or who does its own times, must process them and obtain them, when there is a place.
ARTICLE 45. For the preparation of the environmental studies required to manage, obtain and modify the Environmental License of transport infrastructure projects, it is understood that the collection of wild specimens of biological diversity, like all other permits, is included within the environmental license.
