Law Of The Environment

Original Language Title: Ley del Medio Ambiente

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RICARDO ALARCÓN DE QUESADA, President of the Assembly national of the power people of the Republic of Cuba.

 

I do know: That the National Assembly of the Popular power, at meeting of July 11, 1997, corresponding to the IX ordinary period of sessions of the fourth legislature, has approved the following: whereas: Cuba pays special attention to the protection of the environment in the context of a development policy enshrined in the revolutionary work begun in 1959 , as expression of which, article 27 of the Constitution of the Republic states that: "the State protects the environment and the natural resources of the country. It recognizes its close linkage with sustainable economic and social development to make more rational human life to ensure the survival, well-being and safety of current and future generations. It corresponds to the competent bodies implement this policy.

 

"Is duty of them citizens contribute to the protection of the water, the atmosphere, the conservation of the soil, the flora, the fauna and all the rich potential of the nature".

 

AS: them actions environmental in Cuba is sustain in them conceptions Marti about them relations of the man with the nature and in the rich traditions that associated our history with a culture of the nature.

 

Whereas: It is necessary to devote, as a fundamental right of society and citizens, the right to a healthy environment and to enjoy a healthy and productive life in harmony with nature, as human beings constitute the essential goal of sustainable development.

 

AS: the protection of the environment constitutes a factor relevant to them purposes of it defense national and a warranty for our sovereignty, insofar as contributes to ensure the availability of them resources natural indispensable for the satisfaction of them needs basic of it population and facilitate it existence of habitats temporary for large nuclei population, what can becoming factor relevant before situations exceptional.

 

AS: Act 33 "environmental protection" and the rational use of natural resources, of January 10, 1981, represents an early and important expression of normative principles of Cuban environmental policy that laid the groundwork for the development of national legislation in this area, but which, the current conditions of economic and social development require a legal framework more in line with the new realities as the aforementioned legislation has been largely surpassed by more recent advances in environmental matters at the national and international level, and required to be replaced by a legal instrument that reflects, in most appropriate manner, the requirements of the protection of the environment and the achievement of sustainable development.

 

AS: It is required also to update the principles, objectives and basic concepts of Cuban environmental policy, the institutional framework and instruments for its materialization, powers, functions and duties of the bodies and agencies, and, in general, rights and obligations of natural and legal persons.

 

POR_TANTO: The National Assembly of the Popular power, use of the powers that are conferred in article 75, paragraph b) of the Constitution of the Republic, agrees to the following: Law 81 Act environment title first name, principles, basic concepts and objectives chapter I name and principles article 1.-the present law is referred to as environmental law and aims to set out the principles that govern environmental policy and standards to regulate the environmental management of the State and the actions of citizens and society in general, in order to protect the environment and contribute to achieving the objectives of the sustainable development of the country.

 

Article 2.-the environment is heritage and interest fundamental of the nation. The State exercises its sovereignty on the environment throughout the national territory and in this sense has the right to take advantage of the resources that compose it according to its environmental policy and development.

 

Article 3.-is duty of the State, the citizens and the society general protect the environment through: its conservation and use rational;
 
systematic combating the causes which cause its deterioration;
 
rehabilitation actions;
 
the constant increase of knowledge of citizens about the interrelationships of human beings, nature and society;
 
the reduction and elimination of the modes of production and consumption environmentally unsustainable;
 
the promotion of population policies appropriate to local conditions.
 

Article 4.-The environmental actions for sustainable development are based on the requirements of the economic and social development of the country and are based on the following principles: the State establishes and facilitates necessary means and guarantees that is protected in an adequate and timely manner the right to a healthy environment;
 
the protection of the environment is a duty of citizens;
 
natural resources should leverage rationally, preventing the generation of negative impacts on the environment;
 
the priority of prevention through the adoption of measures on a scientific basis and with technical and socio-economic studies that apply. In case of danger of serious or irreversible damage to the environment, the lack of absolute scientific certainty may not be plead as a reason to stop preventive measures;
 
Everyone must have adequate, as access to the legally established in this regard, the information available on environment possessing the bodies and State agencies;
 
the obligations of the State relating to the protection of the environment is a responsibility, within the field of their respective competencies, of all the bodies and national, State, and local agencies;
 
the requirements of the protection of the environment should be inserted into all programs, projects and development plans;
 
environmental education is organized and developed through an approach to interdisciplinary and trans-disciplinary, in individuals and social groups favoring the development of analytical thinking, allowing the formation of a systemic and comprehensive vision of the environment, addressing in particular their actions to children, adolescents and youth and the family in general;
 
environmental management is comprehensive and cross-sectoral and she participate in coordinated so the bodies and agencies, other entities and institutions, society and citizens in general, in accordance with their respective responsibilities and capabilities.
 
the realization of economic and social activities by natural or legal persons is conditioned by the social interest that is not exercised to the detriment of the environment;
 
the knowledge public of them performances and decisions environmental and the consultation of the opinion of the citizenship, is ensure of the best way possible; but in any case unavoidable character;
 
any natural or legal person according to the powers which the law Frank le, you must have the appropriate means and sufficient to be allowed to operate in the way administrative or judicial, as appropriate, to demand compliance with provisions of this law and its supplementary provisions;
 
the role of the community is essential for the achievement of the purposes of this Act, through their effective participation in decision-making and the development of self-management processes aimed at the protection of the environment and the elevation of the quality of life of human beings.
 

Article 5.-The State will promote and will be part of agreements and international actions for the protection of the environment, notably those that include the region of Latin America and the Caribbean, to cooperate in a spirit of global solidarity to preserve, protect and restore global environment and ensure the national implementation of such decisions.

 

Article 6.-It is the duty of the State and of natural and legal persons, participating in the prevention, mitigation and attention of disasters or other catastrophes, in the solution of the problems caused by these and the rehabilitation of the affected areas.

 

Article 7.-The State set in its budget financial allocations to meet the requirements of environmental programmes that are relevant, without prejudice to the responsibilities that correspond to other organs, agencies and entities in this regard.

 

Chapter II concepts basic article 8 - to the effects of this law refers to: sustainable agriculture, a system of agricultural production that allows to obtain stable productions of economically viable and socially acceptable way in harmony with the environment;

 

protected areas, certain national territory parts declared pursuant to the legislation in force, of relevant ecological, social and cultural-historical for the nation, and in some cases of international relevance, especially established, through an effective management, protection and maintenance of biological diversity and natural resources, historical and cultural partners, in order to achieve specific conservation objectives;

 

authority competent is the empowered to apply and the requirement of compliance with the provisions of the present law and its complementary legislation;

 

cost, is the associated with the current deterioration or natural resources perspective;

 


environmental damage, any loss, decline, deterioration or significant impairment, inferred to the environment or to one or more of its components, which occurs in violation of a rule or legal provision;

 

development sustainable, process of lifting sustained and equitable of the quality of life of the people, through which is seeks to the growth economic and the improvement social, in a combination harmonic with the protection of the environment, so is meet them needs of them current generations, without put in risk them of future generations;

 

hazardous waste, those from any activity and in any physical condition which, by the scale or mode of its features corrosive, toxic, poisonous, explosive, flammable, biologically harmful, infectious, irritating or any other, pose a hazard to human health and the environment;

 

radioactive waste, those that contain or are contaminated with radionuclides that are in concentrations or activities exceeding the levels established by the competent authority;

 

biological diversity, variability of organisms alive from any source, including, among others, terrestrial and marine ecosystems and other complex and aquatic ecosystems ecological part of that. It includes diversity within species, between species and of ecosystems;

 

ecosystem, complex system with a given territorial extension, within which there are interactions of human beings among themselves and with the medium physical or chemical;

 

Education environmental, process continuous and permanent, that is a dimension of it education integral of all them citizens, oriented to in the acquisition of knowledge, development of habits, skills, capabilities and attitudes and in the training of values, is harmonize them relations between them humans and of them with the rest of the society and the nature, for lead it orientation of them processes economic , social and cultural to the development sustainable;

 

Environmental national, expression of the Cuban environmental policy strategy, which is reflected its projections and major guidelines;

 

study of impact environmental, description detailed of them features of a project of work or activity that is intends to carry to out, including its technology, and that is presents for its approval in the framework of the process of evaluation of impact environmental. You must provide background founded for the prediction, identification and interpretation of the environmental impact of the project and describe the actions to be implemented to prevent or minimize adverse effects, as well as the programme of monitoring that it will adopt;

 

environmental impact assessment, procedure designed to avoid or mitigate the generation of undesirable environmental effects, which would be the consequence of plans, programs and projects of works or activities, through the previous estimate of modifications of the environment that would bring with it such works or activities and, where appropriate, the denial of the license needed to perform them or granting under certain conditions. Includes detailed information on the system of monitoring and control to ensure compliance and mitigation measures that are to be considered;

 

environmental management, joint activities, mechanisms, actions and instruments, aimed at ensuring the management and rational use of natural resources through conservation, improvement, rehabilitation and monitoring of the environment, and control of the activity of man in this area. Environmental management applies environmental policy established by means of a multidisciplinary approach, taking into account the cultural heritage, the accumulated national experience and citizen participation;

 

inspection environmental State, activity of control, control and supervision of the compliance of the provisions and rules legal force in matter of protection of the environment, with view to evaluate and determine the adoption of them measures relevant for ensure said compliance;

 

environmental license, official document, without prejudice to other licenses, permits and authorizations that appropriate grant to other bodies and agencies, in accordance with the legislation in force is issued by the Ministry of science, technology and environment to exercise proper control to the effect of compliance with the existing environmental legislation and containing the authorization that allows a work or activity;

 

environment, system of abiotic, biotic and socio-economic elements that interact man to adapt to it, transforms it and uses it to meet their needs;

 

National programme on environment and development, specific screening of the environmental policy of Cuba, which contains guidelines for action from those involved in the protection of the environment and the achievement of sustainable development. It is the national adaptation of Agenda 21;

 

marine resources, the coastal zone and its area of protection, bays, estuaries and beaches, the insular shelf, seabed and living and non-living natural resources contained in maritime waters, wallpapers and marine subsoil and emerged areas;

 

resources natural, all them components of the environment, renewable or not, that meet needs economic, social, spiritual, cultural and of the Defense national, ensuring the balance of them ecosystems and the continuity of the life in the Earth;

 

resources landscape, environments geographic, both superficial as underground or underwater, of origin natural or anthropogenic, that offer interest aesthetic or constitute environments characteristic;

 

System national of Areas protected, set of areas protected that neatly related between if, interact as a system territorial that, starting from the protection and management of its units individual, contribute to the achievement of certain objectives of protection of the environment;

 

variable environmental, element of the environment capable of being measured or evaluated by different methods qualitative or quantitative.

 

Chapter III objectives article 9.-are objectives of the present law: create a context legal that favours the projection and development of them activities socio-economic in forms compatible with the protection of the environment;
 
establish them principles that guide them actions of them people natural and legal in matter environmental, including them mechanisms of coordination between the different organs and agencies for a management efficient;
 
promote citizen participation in the protection of the environment and sustainable development;
 
develop the conscientious citizen around the problems of the environment, integrating education, outreach and environmental information;
 
regulate the development of evaluation, control and monitoring on the environment;
 
promote human health care, raise the quality of life and improvement of the environment in general.
 

SECOND title institutional framework article 10.-the powers which, in accordance with this law and the environmental law in general correspond to the State in the field of environmental management, shall be exercised by the agencies of the Central State administration, other State bodies and the local organs of Popular power.

 

Article 11.-The Ministry of science, technology and environment, is the authority of the Central Administration of the State propose the environmental policy and directing their execution on the basis of the coordination and monitoring of the environmental management of the country, promoting their coherent integration to contribute to sustainable development.

 

Article 12.-Corresponds to the Ministry of science, technology and environment, in coordination with other organs and agencies: control and systematically improve the national environmental strategy, the national programme of environment and development and other programs and strategies required for the development of its lead role;
 
participate, assess and control the creation, development and implementation of other sectoral strategies for the protection of the environment and in particular those relating to specific natural resources;
 
coordinating and integrating the introduction of the aspects required for the protection of the environment in the actions of the organs and agencies, whose purposes may request and obtain information and formulate recommendations to the own body or body or the Council of Ministers, as appropriate;
 
approve or propose, as the case may be, as well as evaluate and enforce the regulations established for the protection of the environment, claiming the actions belonging to those ends;
 
propose economic regulations aimed at the rational use of natural resources and assess their effects on the environment;
 
reconcile discrepancies between the organs, agencies and other entities in relation to the protection of the environment and the rational use of natural resources, by adopting the relevant decisions or raising the Government proposals for measures that apply in cases in which failure due conciliation;
 
direct, assess and control the meteorological monitoring, climate, the chemical composition and the general pollution of the atmosphere; the environmental radiological surveillance and the seismological service, as well as studies of seismic, meteorological and radiological hazard;
 

implement the environmental policy in the field of biological safety and nuclear safety and control their implementation;
 
propose, monitor, and evaluate, with either permanent or temporary, special management and protection, with respect to certain areas or resources, where environmental reasons justify it;
 
direct and control the activities related with the areas protected;
 
propose, evaluate and monitor programs and projects in the field of environmental information;
 
apply in the sphere of its competence and to ensure the general application of this law;
 
others assigned by law.
 

Article 13.-The bodies of the Central Administration of the State and in particular those who are responsible for the rectory, State control, use and management of natural resources, pursuant to their duties, powers and specific functions relating to the protection of the environment, must: incorporate and assess the requirements of the protection of the environment in its policies, plans and development programs;
 
projects with a view to ensure the sustainability of its management and contribute to the development of life in a suitable environment, scientifically assessing environmental factors;
 
develop or propose, as appropriate, and run them strategies environmental sectoral;
 
issue provisions and ensure by its compliance;
 
comply and enforce, in the sphere of its competence, the provisions on the protection of the environment;
 
adopt measures of conservation and transformation planned in the use of those resources natural, developing the systems of surveillance and control required;
 
participate in the elaboration and implementation of national, regional and international strategies for the protection of the environment;
 
propose and monitor compliance with the technical standards required for the protection of the environment on a scientific basis, in particular the track a: establish the levels appropriate environmental quality determine categories of emission sources and receiving bodies determine the permissible limits of pollutant loadings establish requirements, procedures and other specifications that must be met in the development of activities that originate broadcasts or deposits that can cause damage to the environment;

 
lead technical conditions enabling to monitor effluents and emanations of office activities;
 
develop and apply measures of self-regulation;
 
promote and carry out research aimed at achieving a good environmental management;
 
promote measures to incorporate the environmental dimension in the economic and financial planning of construction projects and activities;
 
ensure, in the sphere of its competence, the use, movement, treatment and disposal of waste generated in the production process;
 
develop, participate and run, as set the State greater national of the Defense Civil, them plans for the prevention and confrontation of disasters natural u others types of disasters that damage the environment, proposing them standards that correspond;
 
ensure the adequate management of protected areas at their charge;
 
carry out environmental education activities in the sphere of its competence;
 
coordinate and collaborate with the Ministry of science, technology and environment and other organs and agencies, in compliance with the national environmental policy.
 

Article 14.-it willing in the article earlier is applied also, as appropriate, to them companies and others people legal, national or foreign, which will develop measures and programs for the protection of the environment and established them mechanisms that, without prejudice of them responsibilities State corresponding, contribute to the control of such performance.

 

Article 15-direct, coordinate and control in which they compete, and under current law, corresponds to the local bodies of the power Popular, in their respective instances, actions in the field of: evaluation of the environmental priorities of the territory and relevant plans for its management;
 
land use planning;
 
use of soil, afforestation, reforestation, developing circulation, construction, utility and sanitation;
 
protection of the sources of water supply;
 
protection of the environment in human settlements, in relation to the effects of communal services, transit vehicles, and local transportation;
 
creation and maintenance of green areas;
 
identification of the protected areas of the territory, participation in the proposal approval and support to the management of his administration;
 
prevention, control and rehabilitation with regard to the occurrence of natural disasters or other catastrophes, including the provision of the necessary resources for these purposes;
 
preservation of the cultural heritage associated with the natural environment.
 

Article 16.-The bodies local of the Popular power may propose to the organs and bodies the establishment in their respective territories, in response to your particular situation, standards and environmental parameters more stringent or specific than those established at the national level.

 

Article 17.-corresponds to the Council of Ministers or to your Committee Executive: approve and assess the strategy environmental national and the program national of environment and development, proposing them actions that considers relevant to the achievement of their goals and objectives;
 
resolve discrepancies between agencies or Government bodies, in accordance with the provisions of this law;
 
declaring protected areas and their buffer zones;
 
perform many other statements concerning areas, ecosystems or specific resources necessary for the fulfilment of the goals expressed in this law.
 

TÍTULO TERCERO instruments of the policy and the management environmental article 18.-the environmental Cuban policy is executed through proper management that uses the following instruments: the national environmental strategy, the national programme on environment and development and other programs, plans and projects of economic and social development;
 
This law and its complementary legislation and other legal regulations aimed at protecting the environment, including technical standards in the field of environmental protection;
 
environmental management;
 
the environmental license;
 
the environmental impact assessment;
 
the environmental information system;
 
State environmental inspection system;
 
environmental education;
 
scientific research and technological innovation;
 
economic regulation;
 
the National Fund of the environment means;
 
administrative, civil and criminal liability regimes.
 

Chapter I planning article 19.-all plans, programmes and projects of economic and social development, are of national, provincial or municipal, must be developed or adapt, as appropriate, in accordance with the guiding principles of this law, policies, strategies and environmental programs established by the competent authorities and the provisions that emanate from these.

 

Article 20.-Measures aimed at the protection of the environment are an integral and priority part of plans for the implementation of projects of works or activities.

 

Chapter II management environmental article 21.-the environmental management will have as main objective ensure the sustainable development of the territory from fully consider environmental aspects and its link to economic, social and demographic factors, in order to achieve the maximum possible harmony in the interrelations of the nature society, including: the nature and the characteristics of the different ecosystems;
 
the conditions of each region and the delimitation of areas depending on their natural resources;
 
the existing ecological imbalances as a result of the activities carried out, the characteristics of human settlements and natural phenomena;
 
the balance necessary between the activities human and their conditions environmental;
 
the areas protected and their areas of buffer;
 
the interdependence of the man with his environment;
 
the impact environmental of the new settlements human, the works of infrastructure and other activities related;
 
the requirements of the defence national.
 

Article 22.-to achieve the development sustainable of the territory, the ordering environmental interacts with the territorial, providing you guidelines, regulations and standards.

 

Article 23.-the Ministry of economy and planning, in close coordination with the Ministry of science, technology and environment and other organs and bodies relevant, will develop them actions aimed to articulate the ordering territorial with them principles and objectives established in the present law.

 

Chapter III license environmental article 24.-any activity that can produce significant effects on the environment or that require a proper control for the purposes of compliance with the existing environmental legislation, subject to the granting of an environmental licence by the Ministry of science, technology and environment in accordance with what in this regard stipulates this organism which will also establish the types and modalities of such a license.

 


Article 25.-The environmental licensing referred to in the preceding article is subject to the payment of the levies to be established in this regard and does not exempt the licensee from the obligation to effectively protect the environment, nor administrative, civil and penal responsibilities that may be incurred.

 

Article 26.-Programs, work, or activities that do not meet the environmental license, when appropriate, or they do not meet the requirements and controls which are set in this, may be suspended temporarily or permanently by the Ministry of science, technology and environment, notwithstanding that the corresponding responsibilities are made effective.

 

Chapter IV evaluation of impact environmental article 27.-the process of evaluation of impact environmental includes: the application of license environmental;
 
the environmental impact assessment, where appropriate;
 
the evaluation itself that, to charge of the Ministry of science, technology and environment;
 
the granting or not of the environmental license.
 

Article 28.-Will be required to submit to the consideration of the Ministry of science, technology and environment, so that made the process of corresponding environmental impact assessment, new projects of works or activities listed below: dams or reservoirs, irrigation canals, aqueducts and works of drainage, dredging, or others involving drying or significant alteration of watercourses;
 
integrated steel plants;
 
facilities chemical or petrochemical integrated;
 
installations for the handling, transport, storage, treatment and disposal of hazardous wastes;
 
mining activities;
 
Central of generation power, lines of transmission of power electric or its substations;
 
nuclear power stations and other nuclear reactors, including research facilities for the production and processing of fissionable materials and the areas and facilities for the disposal of wastes associated with these activities;
 
construction of lines railway, embankments, causeways, routes, highways, gas pipelines and pipelines;
 
airports and ports;
 
refineries and deposits of hydrocarbons and their derivatives;
 
installations for the gasification and liquefaction of waste of hydrocarbons;
 
tourist facilities, in particular those that are projected in coastal ecosystems;
 
massive population facilities;
 
free zones and industrial parks;
 
agricultural, forestry, aquaculture and mariculture, in particular those that involve the introduction of exotic species, the use of natural species of difficult regeneration or the risk of species extinction;
 
changes in the use of the soil that can cause damage significant in this or in other resources natural or affect the balance ecological;
 
collectors and emitters of urban sanitary effluents;
 
drilling of extraction of hydrocarbons;
 
hospitals and other health facilities;
 
works relating to biotechnology, products and biotechnological processes;
 
sanitary landfills;
 
cemeteries and crematoria;
 
works or activities in protected areas not covered in their management plans;
 
industry sugar and its derivatives;
 
industries metallurgical, paper and cellulose, drinks, milk and meat, cement and automotive;
 
any others that take place in fragile ecosystems, significantly alter ecosystems, their composition or balance or affect the population's access to natural resources and the environment in general.
 

The Ministry of science, technology and environment, in coordination with the bodies and agencies concerned, shall establish, where required, the parameters for the determination of the categories of works referred to in the present article shall be subject to the environmental impact assessment process.

 

Article 29.-the evaluation process may be also required impact environmental respect a: expansion or modification of existing activities and in the case of productive activities currently resuscitation detained so require it, which encompasses technological changes in existing processes, in the use of raw materials or energy sources, and in general, all that means a variation of such a nature that it may cause an environmental impact;
 
the works or activities which, still not finding in the case referred to in the preceding paragraph, require to be subjected to this process to generate a negative impact of significance.
 

Article 30.-The cost of preparation of the environmental impact assessment, as well as the measures for monitoring, mitigation, rehabilitation or other required for performance environmentally suitable work or activity, will be headed by persons that hold their ownership.

 

Exceptionally, and prior approval from the Ministry of finance and prices, costs may be borne by the State budget.

 

Article 31.-The Ministry of science, technology and environment, in coordination with the bodies and agencies, may refer to environmental impact assessments plans or of urban or industrial development of forest management, water policy, development of tourism, mining, fisheries and land management. This evaluation process does not require the granting of an environmental license.

 

Article 32.-All natural and legal persons involved in any way in the process of environmental impact assessment respond for the accuracy of the information provided and for the consequences arising from its concealment or falseness.

 

Article 33.-The Ministry of science, technology and environment and the Ministry of economy and planning shall establish appropriate arrangements for the proper integration of the process of evaluation of environmental impact with the process investor.

 

Chapter V system national of information environmental article 34.-the system national environmental information aims essential guarantee to the State, the Government and society in general information required for knowledge, evaluation and decision-making concerning the environment.

 

Article 35.-The Ministry of science, technology and environment, in close coordination with the Ministry of economy and planning and other bodies and agencies, is responsible for managing and controlling the actions of the national environmental information system, for which purpose shall establish relevant environmental indicators.

 

Article 36.-Bodies and State bodies are obliged to maintain and facilitate, when required by the Ministry of science, technology and environment, the information contained in the indicators for the operation of the national environmental information system, for the purposes of assessing and diagnosing the existing environmental situation, while mediate any payment and without prejudice to intellectual property rights.

 

The Ministry of science, technology and environment will monitor and disseminate this information to the organs and agencies interested in the purposes of the exercise of their functions and powers and in compliance with the obligations that are entrusted to them free of charge.

 

Article 37.-The Ministry of science, technology and environment will establish the mechanisms and procedures for public access to the information contained in the system and will seek its periodic dissemination through different routes.

 

Article 38.-The provisions of this chapter the work without prejudice: the existing legal provisions relating to the State secret;
 
information systems in charge of State agencies and other bodies.
 

Chapter VI system of inspection environmental article 39.-La inspection environmental State is conceived as a system composed of: the State environmental inspection carried out by the Ministry of science, technology and environment and involving bodies and agencies convened by this;
 
State inspections carried out other bodies and agencies of the State, whose activity has an impact on the protection of the environment.
 

Article 40.-Bodies and State bodies involved in State environmental inspection system be included in their inspection systems aspects required to guarantee the protection of the environment in their respective fields, which will act in coordination with the Ministry of science, technology and environment.

 

Article 41.-The natural or legal persons who are the subject of State environmental inspection will be required to enable the competent authority access to the place or places to be inspected, as well as to provide all sorts of information leading to the verification of compliance with this Act and other existing environmental provisions, except for those legally recognized as confidential that you will only enter in the terms and conditions established in the relevant legislation.

 

Article 42.-The competent authority designated as required, based on the result of the inspection, corrective measures for adaptation to environmental provisions and the deadline for compliance, and knowledge of the organs of the Office of the Attorney-General will those actions or omissions detected that might be constitutive of offense.

 


Article 43.-When they are detected situations of danger or damage to the environment, the competent authority may order, standards that are established for the exercise of these powers and previous compliance with other applicable legal requirements, the suspension of processes or activities, the confiscation of products, materials or pollutants and the partial or total closure of the facilities , as well as promote few measures are relevant to give solution to the situations detected, including the rehabilitation of the conditions previous to the danger or damage.

 

Against the decision of the authority competent fit them resources that crosses the law.

 

Article 44.-The State environmental inspection system promotes actions for the coordination, self-regulation and voluntary commitments by the natural or legal persons, whose activity may impact significantly on the environment.

 

Article 45.-for them works of inspection, the authority competent may support is in organizations, associations and others institutions recognized by the law and in them citizens general that, with character of inspectors popular and prior determination of his fitness, will have by mission collaborate in it surveillance of the compliance of the present law and others provisions environmental force.

 

Chapter VII education environmental article 46.-the Ministry of science, technology and environment will prepare environmental education strategies and contribute to its implementation, promoting the implementation of programmes in all sectors of the economy and services, social groups and the population in general.

 

For this purpose, the Ministry of science, technology and environment will establish appropriate coordination with the Ministry of education, the Ministry of higher education, the Ministry of culture, the media and other bodies and agencies.

 

Article 47.-Is the responsibility of all bodies and agencies, in accordance with environmental education and strategies in the exercise of their functions and powers, promote and implement activities with its employees, social groups and the population with which they interact, to increase their knowledge about the environment and its links with development and promote a higher level of awareness in this field.

 

Article 48.-The institutions that develop improvement and training programs with the leader staff, technicians and workers in general, included in them environmental issues and, in particular, aspects related to linkages and influence its productive activities or services in the protection of the environment.

 

Article 49.-The Ministry of education and the Ministry of higher education, in coordination with other organs and agencies, continuously improve the introduction of environmental issues in the national education system.

 

Article 50.-The Ministry of higher education will ensure the introduction of the environmental dimension, from professional and models of curriculum of undergraduate and graduate and extension and extradocentes, and educational activities aimed at the formation and development of professionals from all branches.

 

Article 51.-Recreational, cultural and scientific institutions foster, according to their competence, the development of activities in relation to environmental education strategies.

 

Article 52.-the Ministry of science, technology and environment, will lead to and will support the development of tasks of education and disclosure environmental in them organizations, associations and other institutions recognized by the law, with particular attention to the organizations of masses, them communicators and them societies scientific.

 

Article 53.-The mass media will have the responsibility to incorporate in the design and execution of its television, radio and in the press flat, the issues that lead to better information and knowledge in the population of the complex interrelationships and linkages between the processes of socio-economic development and the protection of the environment, leading to raise the environmental culture of citizenship.

 

Article 54.-The Ministry of science, technology and environment, in coordination with the local bodies of the power Popular corresponding, will promote and support the educational activities in the population, which includes the execution of tasks of training and environmental self-management community, linked to the conditions and needs of each locality.

 

Article 55.-Bodies and Government agencies, be incorporated into their activity dissemination and advertising, the subject of the protection, use and rational exploitation of specific natural resources that are charged or linked into its productive activity or service, as well as the adequate training of workers for these purposes.

 

Article 56.-The Ministry of education and the Ministry of higher education, in coordination with the Ministry of science, technology and environment, may establish official courses on environmental issues, which will be obligatory submitted to performance or carrying out certain functions or activities.

 

Chapter VIII research scientific and innovation technology article 57.-the Ministry of science, technology and environment, in coordination with the agencies and bodies, develop actions that apply to: promote studies aimed to broaden the knowledge on the State of natural resources and the environment in general;
 
encourage and promote scientific research and technological innovation that enable knowledge and development of new systems, methods, equipment, processes, technologies and devices for the protection of the environment, as well as the adequate assessment of technology transfer processes;
 
promote the projects of scientific research or technological innovation that so require, include environmental considerations from the design stage;
 
develop and implement science and technology that allow prevent, assess, control and reverse environmental degradation, providing alternative solutions to the problems linked to the protection of the environment;
 
promote the use of environmentally appropriate technologies that harmonize traditional methods with the requirements and demands of sustainable development.
 
promote the economic and social research required for the achievement of the purposes proposed.
 

ARTICLE 58. -Natural or legal persons affecting by its activity on the environment have the obligation to incorporate scientific and technological achievements to achieve greater efficiency in the actions aimed at environmental protection.

 

Article 59.-The formulation of environmental policies will be foundations, among others, the results of the process of scientific research and technological innovation.

 

Article 60.-The Ministry of science, technology and environment, establish regulations that ensure, in cases deemed appropriate, the law of the State to participate and combine their interests in the research of environmental nature that is authorized to carry out to foreign entities in the national territory, including the territorial sea and economic zone, as well as the results of these.

 

Chapter IX regulation economic article 61.-the use of economic regulation as an instrument of policy and environmental management is conceived on the basis of employment, among others, tax, tariff policies or prices differentiated for the development of activities that have an impact on the environment.

 

Article 62.-Corresponds to the Ministry of finance and prices, heard the opinion of the Ministry of science, technology and environment and other organs and agencies concerned, determine the duties and taxes that are suitable for the protection of the environment.

 

Article 63.-on the base of them political and provisions that is established, derived of them articles earlier, may adopt is, between others, them measures following: reduction or exemption of tariffs to the import of technologies and equipment for the control and treatment of effluent contaminants;
 
reduction or exemption of tariffs on the import of raw materials or parts needed for the national manufacture of equipment or instruments to avoid, reduce or control pollution and environmental degradation;
 
authorization, in exceptional cases, of the accelerated depreciation of investments in development, purchase and installation of equipment, technologies and processes that promote the protection of the environment;
 
exceptional granting of fiscal or financial benefits to certain activities that favour the environment.
 

Article 64.-Regulation of provisions of this chapter shall establish both benefits obligations and guarantees that in each case corresponds to demand from the beneficiary, as well as the possibility of its repeal in the event of the termination or modification of the conditions that gave rise to the granting.

 

Chapter X fund national of the environment article 65.-creates the Fund national of environmentally oriented to facilitate the fulfilment of the objectives of this law, which shall have as an essential aim Fund total or partially projects or activities aimed at the protection of the environment and rational use.

 


Article 66.-The Ministry of finance and prices and the Ministry of economy and planning, what to everyone compete, and heard the opinion of the Ministry of science technology and environment and other bodies and agencies, establish regulations required for the operation of this Fund.

 

Chapter XI sanctions administrative article 67.-the administrative sanctions in the field of protection of the environment includes natural and legal persons who commit the infringements established in the complementary to this law legislation.

 

Article 68.-them contraventions is will sanctioned with fines whose amounts are set for each case, without prejudice of them others sanctions accessory applicable of conformity with the legislation current.

 

Article 69.-you know of the Commission of any of the infringements established in the complementary to this law legislation shall inform of the competent authority, which shall be obliged to inform you of the prepared measures and enforcement, when thus that person interested in it.

 

Chapter XII system of liability CIVIL article 70.-any natural person or legal to by his action or omission it damage to environment is obliged to cease in their conduct and to repair damages incurred.

 

Article 71.-Are entitled to claim compensation for the injury or compensation for damages: the Attorney General of the Republic;
 
the Ministry of science, technology and environment;
 
who has personally suffered the loss or damage.
 

((The subject expressed in them interjections to) and b) of the present article may act in defence of the interest social in the protection of the environment.

 

Article 72.-to ensure them results of the process or to avoid that is follow causing a damage, is may request and adopt them measures that crosses the legislation procedural existing.

 

Article 73.-In compensation for the corresponding liability are they shall endeavour to preferentially, the actions aimed at the rehabilitation of the environment.

 

Article 74-the Council of Ministers, to proposal of the Ministry of finance and prices and the Ministry of science, technology and environment, dictate them regulations relevant for the establishment of a secure mandatory of responsibility civil to cover damage to the environment caused accidentally.

Chapter XIII regime of liability criminal article 75.-the shares or socially dangerous omissions prohibited by law under the summation of a criminal sanction, that threaten the protection of the environment, will be typified and penalized under criminal law provisions.

 

TITLE fourth trade and environment article 76.-the provisions of free trade do not preclude compliance with the rules and regulations aimed at the protection of the environment.

 

Article 77.-International legal instruments signed by Cuba for the protection of the environment that impose prohibitions or restrictions on the foreign trade of goods or services, are exceptions to the rules contained in multilateral agreements on free trade which is part of Cuba.

 

Article 78.-The Ministry of foreign trade, together with the Ministry of science, technology and environment and other bodies and relevant agencies, shall establish the measures and develop actions that will come, to ensure that trade and environmental policies taken by the country in the field of trade and environment, correspond to the principles and regulations in this law and its supplementary provisions.

 

Article 79-Domestic trade of goods and services, it will take into account environmental standards, as a means of ensuring their quality and protect consumers.

 

Fifth title provision common to the titles sixth to the tenth quarter article 80.-the environmental management with respect to the specific environmental protection areas and other matters governed by this law will be held in accordance with the national environmental strategy, the national programme on environment and development and the principles and precepts set forth in environmental legislation.

 

The Ministry of science, technology and environment will monitor compliance with the provisions of the preceding paragraph, to whose effects will take the measures that are relevant.

 

TITLE sixth spheres specific of protection of the environment chapter I provisions general article 81.-the management of them resources natural is held of conformity with them provisions following: is will ensure the rationality in the use, for which is will take care your sustainability quantitative and qualitative, is will develop the recycled and the recovery and is safeguard them ecosystems to which belong;
 
will take into account the interdependence existing between the natural resources and other environmental elements and between ecosystems, avoiding, wherever possible, reciprocal interference unnecessary or harmful;
 
When a resource is susceptible to different applications, these are subject to priorities and ways of coordination and compatibility that in first instance determine the organs and agencies. In case of discrepancies, you will hear the opinion of the Ministry of science, technology and environment, in accordance with the powers that are conferred under this Act;
 
to determine priorities for the use of the various categories of natural resources shall be taken into account the requirements of the protection of the environment, the need to ensure its sustainability and the benefits and costs of environmental, economic and social;
 
national and local authorities to plan the management of natural resources, will lead to its balance and integration of the principles of the protection of the environment with the requirements of the economic and social development.
 

Article 82.-without prejudice to the provisions of the preceding article, the exploitation of non-renewable natural resources shall take into account the forecast of investments to the satisfaction of the needs of future generations.

 

Article 83.-The Ministry of science, technology and environment, together with the competent bodies shall issue, within the framework established by this law, special regulations for the environmental protection of mountainous, coastal ecosystems, karstic and wetlands that, given its ecological fragility, require a differentiated care.

 

Chapter II protection and use sustainable the diversity biological article 84.-it is obligation of all bodies and agencies and other individuals and legal entities, adopt in the areas of their respective competencies, actions and measures necessary to ensure the conservation of the national biological diversity and the sustainable use of its components.

 

Article 85-Endemic species, which are threatened, endangered or in danger of extinction, which have some special connotation and the specimens representative of the different types of ecosystems, as well as their genetic resources, will be object of special protection by the State, which includes the establishment of rigorous mechanisms for regulation, control and management that will ensure their conservation and wise use.

 

Article 86.-Corresponds to the Ministry of science, technology and environment, in coordination with the Ministry of agriculture and other bodies and agencies, enact the provisions relating to the import and introduction into the environment of new or species subject to special regulations, for which it will take into account the following principles: the possible reactions of the species in the middle that are going to be introduced;
 
possible reactions of the receiving environment and native species on which intends to enter;
 
the risk that may generate potentially dangerous genotypes;
 
the possible introduction of exotic diseases and epizootic diseases affecting plants and animals;
 
the risk to human health;
 
other special interest for the protection of the environment.
 

Article 87.-The Ministry of science, technology and environment, in coordination with the Ministry of agriculture and other bodies and agencies, shall establish regulations which determine, restrict or prohibit the export of species of animals, plants or microorganisms, in the following cases: species subject to special regulations within the framework of international agreements signed by Spain;
 
species whose export may affect the conservation of the national biological diversity;
 
species for which it is required to ensure a fair and equitable participation of the Cuban State in the benefits arising from the utilization of genetic resources.
 

Article 88-The Ministry of science, technology and environment, in coordination with the bodies and agencies, will conduct the intended actions a: identify the components of national biological diversity and the exploration of its use;
 
to monitor the components of biological diversity identified, paying particular attention to those who require urgent conservation measures and that offer a greater potential for their use;
 

identify processes and categories of activities which have or are likely to have significant adverse impacts on the conservation and utilization of biological diversity and proceed, through sampling and other techniques, to the follow-up to those effects;
 
organize and maintain updated data derived from the activities referred to in the preceding subparagraphs;
 
adopt measures of conservation in situ and ex situ;
 
establish guidelines for the selection, establishment and management of protected areas or other areas where to take special measures to conserve biological diversity;
 
regulate the management of biological resources important for the conservation of biological diversity, whether within or outside protected areas, in order to ensure their conservation and sustainable use;
 
promote special protection of ecosystems and natural habitats of high diversity genetic or fragile, enabling viable maintenance of species in natural surroundings and the evolutionary processes of species and genetic resources;
 
increase in the protection of biological diversity, the role of areas adjacent to protected areas;
 
declare a species threatened or endangered with extinction and promote its recovery;
 
promote the economic evaluation of biological diversity;
 
regulate and control the risks arising from the use and release of living organisms modified by biotechnology or other substances or products which may affect the conservation and sustainable use of biological diversity or generate risks to human, animal or plant health;
 
propose provisions that will ensure adequate and effective protection of the rights of intellectual property in this area, in accordance with the national interests;
 
establish or propose, as appropriate, strategies and norms necessary to ensure a fair and equitable sharing of benefits arising from the utilization of genetic resources;
 
control or prevent, as appropriate, the introduction or extraction of species that could threaten or modify ecosystems, habitats or species;
 
establish and regulate them conditions necessary to harmonize them uses current with the conservation of the diversity biological and it management proper of its components;
 
adopt or propose the adoption, as appropriate, of economic and social incentives for the conservation and sustainable use of biological diversity.
 

Chapter III system national of AREAS protected article 89.-the Ministry of science, technology and environment is the charge of direct and control them activities related with the system national of Areas protected, of its management environmental integral to level national in coordination with others organs and bodies competent, of its address technical and methodological, of the control of the compliance of them objectives specific by which were declared them areas protected and of the administration of those that it determined by law.

 

Article 90 — Are basic objectives of the national system of Protected Areas with respect to the areas comprising: keep representative samples of the regions biogeographic and most important scenic beauties of the country to ensure the continuity of the evolutionary processes, including sites in these areas with importance for the migration of species;
 
on-site preserve the flora, fauna and, in general, biological diversity, protecting it from the acts, omissions or vectors that may harm it;
 
achieve local production conform to rational and sustainable yields, dynamic forms in order to raise the socio-economic level of local populations through the implementation of actions in favour of comprehensive rural development, paying particular attention to the conservation and rational utilization of fragile ecosystems such as wetlands, mangroves, mountains, formations, karstic, arid semi-arid and island groups;
 
protecting, rehabilitating and managing the environment and coastal and marine resources for their conservation and sustainable use;
 
maintain and manage biotic, terrestrial as well as aquatic resources, to obtain long term varied goods and services for the population, always considering the vital role they play in the balance of ecosystems and taking into account the national and international regulations relating to these resources;
 
conserving and restoring soils and control erosion, sedimentation, salinization, acidification and other degrading processes;
 
conserve and manage water resources, taking into account the integrated management of river basins;
 
manage and improve forest resources to meet their regulatory role of the environment and provide stable product production and reproduction forestry;
 
preserving the historical and cultural values which are linked to a natural environment;
 
conserve and rehabilitate landscapes, both natural and cultural;
 
promote environmental education, particularly with local populations, promote active forms of participation;
 
allow recreation and the development of tourism in a manner consistent with the category of management of the area in question;
 
serve natural laboratory and logical framework for the development of research.
 

Article 91.-Natural and legal persons who have protected areas under their administration are obliged to comply with and enforce the provisions of this law and other applicable environmental regulations and that dictates the Ministry of science, technology and environment, and to execute the actions adopted in the rules of management for each specific field.

 

Chapter IV water and ecosystems aquatic section first standards general article 92.-management of the water and aquatic ecosystems will be made in accordance with the following provisions: is the duty of all natural and legal persons the protection and conservation of waters and aquatic ecosystems in conditions which address optimally the diversity of applications required to meet human needs and maintain a balanced relationship with other natural resources;
 
the management of all the resources natural content in them ecosystems aquatic will respect its balance and the of them ecosystems with which is related;
 
to ensure a proper development of the cycle hydrological and of them elements that involved in it, is will provide special attention to them soils, areas forested, formations geological and capacity of recharge of them aquifers.
 

Article 93.-to protect to the water of the pollution, them authorities competent is governed by them following principles: in the classification of them uses of the water will be always priority ensure them conditions of quality and quantity required for the consumption human;
 
all downloads in the waterways and bays, coastal, Lake, stored, underground or water of any other type of substances liable to cause pollution, affecting other uses foreseen or foreseeable or alter the balance of ecosystems, must be subject to appropriate treatment;
 
promote the reuse of wastewater in accordance with the rules laid down to that end;
 
It will promote the establishment of technologies for the efficient treatment of waters that minimize pollution and encourage their reuse.
 

SECTION second water land article 94.-the purposes of this Act, means terrestrial waters both the surface as groundwater.

 

Article 95.-Waste waters of social, before being discharged to the environment, and economic activity should receive appropriate treatment so that they do not contaminate the reservoirs and bodies of water, land and sea.

 

Article 96-Available binding delimitation of areas for the protection of the sources of supply of ground water, works and hydraulic facilities and natural or artificial channels in order to avoid the dangers of pollution, siltation and other forms of degradation.

 

Article 97.-The National Institute of hydraulic resources, in coordination with other organs and agencies, is responsible for the control and development of actions aimed at the management of the terrestrial waters, with the exception of mineral-medicinal waters.

 

Article 98-All natural or legal persons who perform actions relating to groundwater, conform to the evaluations and opinions issued by the National Institute of hydraulic resources, in order to ensure the rational exploitation and avoid depletion or degradation of these waters.

 

SECTION three maritime waters and marine resources article 99.-the protection of maritime waters includes the maritime waters interiors, the territorial sea, the contiguous zone and the economic zone, to the extent that fixed law and marine resources in them.

 

Article 100.-The Ministry of the fishing industry, in coordination with the Ministry of science, technology and environment and other bodies and agencies, will regulate the use and sustainable management of fishery resources in the marine environment.

 

Article 101.-The Ministry of the fishing industry and the National Institute of hydraulic resources, in coordination with the bodies and agencies concerned, propose and coordinate measures to mitigate and restore the harmful effects caused on the functional relationship between the aquatic, terrestrial and marine ecosystems.

 


Article 102.-The Ministry of transport will establish regulations, so that the activities of transportation and civilian navigation in maritime waters and port activities are carried out without causing damage to the coastal and marine resources and to port facilities.

 

Article 103.-them organs, agencies and entities State and them people natural or legal that performed activities directed to the exploration and exploitation of them funds marine, or your basement and them resources that in them is found, them shall be without cause damage to the environment and in particular to them ecosystems marine.

 

Article 104-All disposal of waste in the marine environment will require prior authorization from the Ministry of science, technology and environment, which are available as appropriate with respect to this activity, in coordination with the bodies and agencies.

 

Article 105.-The Ministry of agriculture, in coordination with the Ministry of science, technology and environment, will regulate the management of mangroves or other vegetation in the keys, Flume, inlets, coves and coastal areas, on the shores of the sea, at the mouth of the rivers and other places that could serve as refuge for fish stocks and other marine resources and other natural resources protection.

 

Chapter V ecosystems terrestrial section first floors article 106.-the natural or legal persons who are responsible for the use or exploitation of the soils shall comply with the following provisions: make your activity compatible with the natural conditions of these and with the need to maintain their physical integrity and their productive capacity and not to alter the balance of ecosystems;
 
the measures that correspond to avoid and correct actions that favor the erosion, salinization and other forms of degradation or modification of its topographic and geomorphologic characteristics;
 
cooperate with the competent authorities in their conservation and management
 
perform the practices of conservation and rehabilitation that is determined in accordance with the features of them soils and their uses current and perspective;
 
perform actions of regeneration of soils in the development of them activities that may, directly or indirectly, cause damage environmental;
 
fulfil the other provisions laid down in the basic legislation of the country floors and others that dictate the bodies under its auspices.
 

Article 107.-the provisions established in the article earlier, will be of unavoidable compliance, without prejudice of others that can establish is with character particular in: all class of evaluations of impact environmental;
 
the adoption of direct or indirect stimulus to production;
 
the location and design of human settlements of any kind;
 
the determination of the uses and destinations of the protected areas;
 
land use planning;
 
management in river basins;
 
the exploration geological and the exploitation mining;
 
excavations and all those activities that disturb the soil and subsoil.
 

Article 108.-to them purposes of the prevention and control of the pollution of them soils, them organs and agencies competent will act in correspondence with them following provisions: the duty of all them people natural and legal of use practices correct in the generation, management and treatment of waste domestic, industrial and agricultural and in the use of any type of substances chemical and hormonal that can contaminate them soils or them crops;
exercise special care to prevent and control the pollution of the soil and to guarantee a proper disposal of domestic, industrial and hospital waste;
 
the prohibition of the disposal of waste in urban and rural lands and surrounding areas to terrestrial communication ways, without prior authorization from the competent authorities.
 

Article 109.-Corresponds to the Ministry of agriculture direct and control the application of the provisions relating to the management, conservation and improvement of agricultural and forest soils and control its implementation, in coordination with the Ministry of science, technology and environment, the Ministry of basic industry, the Ministry of sugar and other organs and bodies.

 

SECTION second basins hydrographic article 110.-the management environmental in them basins hydrographic is held of conformity with the legislation current and is based in a management integral that secure that them activities economic and social is carried out starting from a proper protection and use rational of them resources natural and the environment.

 

Article 111.-Corresponds to the National Council of watersheds, in coordination with the bodies and agencies concerned, perform actions that allow to integrate and harmonize with the principles and objectives of this Act, the activity of all natural or legal persons involved in a given basin.

 

SECTION third heritage forest article 112.-integrate the forest heritage natural and artificial forests land earmarked for this activity, deforested with conditions for forestry areas, as well as trees of forest species that develop in isolation or in groups, either that is its location or membership.

 

Article 113-Forests are categorized by the Ministry of agriculture, according to their functions, role within society and geographical location, as follows: production: those whose main target is to satisfy the needs of the national economy in timber and other forest products, by means of its exploitation and rational use;
 
protection: those whose surface must be kept permanently to protect renewable resources associated to him, but that, notwithstanding this, be the subject of productive activities, always prevail their protective function;
 
conservation: those characteristics and location serving mainly to conserve and protect natural resources and for scientific research, the ornament and the protective action of the environment in general. These forests must be preserved permanently and they do not allow logging of use, but only improvement cuts aimed at strengthening its main function and the obtaining of secondary forest products.
 

Article 114-Prohibits the reduction of forest areas. Exceptionally the Council of Ministers may authorize the involvement of these areas by needs of the economic and social development of the country.

 

Article 115.-Corresponds to the Ministry of agriculture, in coordination with the bodies and agencies, direct and monitor compliance with the provisions relating to the forest heritage and adopt necessary measures aimed at the protection and rational use of forest resources, without prejudice to the powers of the Ministry of the Interior concerning the protection of these resources.

 

Chapter VI FLORA and FAUNA SILVESTRE article 116.-without prejudice to the powers which by this Act are you given to the Ministry of science, technology and environment, with respect to biological diversity, correspond to the Ministry of agriculture and the Ministry of the fishing industry, in relation to the protection of the flora and fauna wildlife, land, and sea in accordance with their respective competencies and hearing the views of other bodies and agencies, when appropriate, the following powers: establish rules regulating the handling, use, transfer and commercialization of species of flora and fauna and their primary products;
 
propose and control, as appropriate, of standards for the protection of flora and fauna, as well as the systems of promotion and incentives for these activities;
 
determine the species of the flora and fauna that may be subject of hunting, fishing and gathering, as well as those that should be used in a special manner, from which shall be temporary or permanent closures proceeding;
 
establish regulations for the management on ecosystems and locations where allowed, shelter or breed the migratory species maritime or terrestrial;
 
for special protection of species threatened or in danger of extinction, in order to recover and stabilize their populations.
 

As set out in the preceding paragraphs work without prejudice to the powers of the Ministry of the Interior concerning the protection of these resources.

 

Article 117.-The Ministry of science, technology and environment, in coordination with the bodies concerned, shall lay down conditions of technical and scientific nature of compulsory enforcement for the establishment and conduct of centers of reproduction of endangered species or endangered species of flora and wildlife.

 

Chapter VII atmosphere article 118.-the bodies and agencies responsible for the protection of the atmosphere or whose activity has an impact on this based its actions on the following provisions: ensure that the pollution of the atmosphere does not exceed the levels of foreign substances permitted by the rules;
 

reduce and control emissions of pollutants into the atmosphere caused by the operation of artificial or natural, fixed or mobile sources, so that to ensure the quality of the air in accordance with the rules which govern it, to safeguard the environment and especially human health and compliance with the international commitments undertaken by the country.
 

Article 119.-The Ministry of science, technology and environment, in coordination with the Ministry of public health and other bodies and agencies, shall establish or propose, as appropriate, and shall ensure compliance with the related provisions: air quality;
 
permissible levels of substances isolated or in combination and concentration of particles capable of causing discomfort, damage, or deterioration in assets and health human, animal and plant;
 
prohibitions, restrictions and requirements relating to the importation of technologies and technological processes, in regards to the emission of gases and particles, including those that affect the ozone layer or induce climate change;
 
the standards technical for the establishment, operation and maintenance of systems of monitoring of quality of the air and of the sources pollutants;
 
the inventory and up-to-date register of fixed sources of contamination and evaluation of emissions;
 
the measures preventive and corrective necessary for cases of contingencies environmental by pollution atmospheric;
 
the establishment of systems of promotion and economic incentives to encourage those activities that use technologies and fuels that will significantly reduce, modify or annul the contribution of pollutants to the atmosphere;
 
specific aspects that apply to the application of the corresponding sanctions regime;
 
many other standards are considered to be suitable to achieve the purposes of this Act.
 

Chapter VIII resources minerals article 120.-the use of them resources minerals by any person natural or legal is governed by them provisions following: it activity mining will be subject to the process of evaluation of impact environmental, by what the dealer will request the license environmental for run the phase of research geological and will be forced to request the license environmental and to develop the study of impact environmental where applicable, in the phase of exploitation and processing;
 
It activity mining must cause it less alteration possible, direct or indirect, to the system national of Areas protected, them waters terrestrial and maritime, it layer vegetable, the flora and the fauna wild, the landscape and to the environment in general.
 

Article 121.-corresponds to the Ministry of it industry basic regulate and control the activity mining and it related with them areas mining reserved, without prejudice of them powers that the legislation you gives to others organs and agencies State.

 

Article 122-Natural or legal persons carrying out activities of exploitation of mineral resources, will be obliged to rehabilitate the areas degraded by their activity, as well as areas and ecosystems linked to these which can be damaged, in accordance with provisions in the law of mines and in this law, or failing to carry out other activities aimed at the protection of the environment , in the terms and conditions that established the Ministry of science, technology and environment, the Ministry of the agriculture and the Ministry of it industry Basic.

 

Article 123-All natural or legal persons who perform actions relating to mineral waters, shall comply with the capacity of the site, its power of natural recovery and the qualitative state of the waters, according to assessments and opinions issued by the Ministry of basic industry and heard the opinion of the Ministry of public health, with regard to their epidemiological status in order to ensure the rational exploitation and prevent its depletion or degradation.

 

Article 124-The Ministry of the industry Basic, in coordination with other organs and agencies, is responsible for the control and development of actions aimed at the management of waters and mineral mud.

 

TITLE seventh resources energy article 125.-the use of energy resources by any natural or legal person is will tend preferably, wherever feasible, the use of renewable sources of energy and equipment, technologies and technical and organizational measures that encourage the conservation and efficient use of energy.

 

Article 126.-Natural persons or legal responsible energy use and its infrastructure, as well as transport, transformation, distribution, storage and final use of energy are required to not cause damage to the soil, water or atmosphere and to employ technologies that ensure compliance with the environmental regulations in force.

 

Article 127-The sugar Ministry, the Ministry of agriculture and the Ministry of industry Basic, heard the opinion of the Ministry of science, technology and environment and other bodies and agencies, establish strategies for the use of biomass as a source of energy and other alternative technologies aimed at the efficient use of energy sources and the reduction of environmental pollution.

 

Article 128.-The Ministry of the basic industry, heard the opinion of the bodies and agencies, will have the regulations concerning evaluation, exploitation and protection of energy resources.

 

TITLE eighth disasters natural U others types of disasters article 129.-the activities of prevention, preparation, response and recovery, related with them disasters natural u others types of disasters is regulate by the legislation relative to the system of measures of the Defense Civil.

 

Article 130-The State greater national of the Defense Civil is the body responsible for ensuring compliance with the measures of civil defense and its powers and functions the of organize, coordinate and control the work of bodies and State bodies, economic entities and social institutions, in the interest of avoid and minimize the potential loss of life damage and other social, economic and environmental conditions that cause disasters.

 

Article 131.-The Ministry of science, technology and environment, in coordination with the national higher State of the Civil Defense, participates in the Organization and management of actions to minimize the consequences causing environmental disasters.

 

TITLE ninth standards relating to the agriculture sustainable article 132.-to ensure the proper power of the population and the export of agricultural products, preserving and improving the future productive capacity of these resources, their production shall be carried out sustainably, based on the following provisions: the development of integrated systems of management of cultivated ecosystems, including soils management biological diversity, in particular productive diversity, water, nutrients and recycling, pests and diseases and the establishment of a policy suitable varieties;
 
the rational use of biological and chemical means, the characteristics, conditions and local resources that minimize environmental pollution;
 
the preparation of soils in accordance with environmentally appropriate criteria, promoting the use of techniques that prevent or slow the development of degrading processes;
 
the management preventive e integrated of pests and diseases, with an attention special to the employment with these purposes of the resources of the diversity biological;
 
the establishment of a management territorial and a planning appropriate, executed on bases real and objective, in which the activities agricultural local is correspond with them conditions economic and ecological of the area;
 
the integration of them achievements scientific and technical with them knowledge local traditional of the population and them resources genetic obtained by this via, favouring the participation direct of them communities local in the conception, development and improvement of them systems of production;
 
the establishment of mechanisms of regulation economic that encourage the conservation of the diversity biological and the employment of practices agricultural favorable to the environment and that tend to avoid the use inappropriate of them soils and other resources natural and the employment irrational of agrochemical.
 

These regulations will be of special application in the ecosystem fragile where can exist processes degrading manifestos.

 

Article 133.-Given the importance that agriculture have genetic resources in general and the plant genetic in particular, all natural and legal persons are obliged to its conservation and use, combining forms of in-situ and ex situ conservation and avoiding the processes of genetic erosion of economically useful species.

 

Article 134.-The Ministry of agriculture, in coordination with the Ministry of science, technology and environment, establish national strategies in sustainable agriculture and both, in coordination with the Ministry of sugar, they will come, be established and they will control the standards and measures to ensure compliance with the provisions of this title.

 

TITLE 15TH SUSTAINABLE USE OF SCENIC RESOURCES


Article 135-Landscape resources will be subject to preventive and corrective measures for the purposes of their protection.

 

ARTICLE 136. -The preventive measures for the protection of the scenic resources are directed to ensure that actions that take place on them are in harmony with the set that you want to protect. To this end, will be particularly regulated and controlled activities: design and construction of roads;
 
the lines of transmission of electricity and the facilities of production and transport of energy;
 
airports and seaports, maritime and river;
 
the activities forest;
 
the works of irrigation and drainage, dams, canals, aqueducts and the regularization of superficial and underground water courses;
 
the location and construction of residential areas, recreational, sporting and tourist centers;
 
the tank and carry materials and raw materials, as well as debris and all kinds of waste;
 
other works or activities involving the destruction, degradation or incorporation of elements alien to the landscape.
 

Article 137-Corrective measures will be designed to remedy damage caused to landscapes and, to the extent possible, to retrieve them, or rehabilitate them and apply in accordance with the provisions of the present law and its complementary legislation.

 

Article 138.-corresponds to the Ministry of science, technology and environment, in coordination with the Ministry of the tourism, the Ministry of economy and planning and other organs and agencies competent, establish or propose according to appropriate, them provisions that is require for the protection and use rational of them resources landscape.

 

TITLE tenth first development sustainable of the tourism article 139.-the development sustainable of the tourism is based in that this is perform of mode such that harmonize the employment effective of them potential aesthetic, recreational, scientific, cultural and of any other nature of them resources natural that constitute its base, with the protection of these and it warranty of that can provide equal or superior benefits to them generations future.

 

It is based, in addition, respect for national culture and its territorial expressions and the integration of local populations to the development of their activities, thus contributing to the elevation of the quality of life of human beings.

 

Article 140.-the development of activities tourist in the areas protected are governed by it established for their different categories of management. If the areas where tourism is practiced were not declared as protected, the institution in charge of these activities shall be obliged to establish plans for the protection of the natural resources of the area and to ensure its compliance.

 

Article 141.-The Ministry of tourism, in coordination with the Ministry of science, technology and environment, the Ministry of economy and planning and other bodies and agencies, will develop strategies to ensure the sustainable development of tourism.

 

TITLE tenth second preservation of the CULTURAL heritage associated with the NATURAL article 142-the Heritage Cultural environment, as defined, States and regulated in the relevant legislation in its association with the natural environment, will be the subject of preventive and corrective measures, in order to save or protect cultural property endangered by works or activities that may damage them or destroy them , among which stand out: works of expansion or urban renewal, in which registered monuments, but also the surrounding historic environment; not only must be respected
 
modification or repair of buildings;
 
construction or repair of roads;
 
construction of dams and lines of electric transmission or communication lines;
 
location of systems of conduction of liquids and gases;
 
location and construction of residential areas, recreational, sporting and tourist centers;
 
installation of billboards.
 

Article 143-The National Commission of monuments, heard the opinion of the Ministry of science, technology and environment, can perform actions with respect to the goods of the Cultural heritage, referred to in this title.

 

Article 144-the conservation on-site of them goods cultural is considered prioritized to them late of maintain the continuity and them bindings historical with the environment.

 

Article 145-Buildings and other important cultural monuments that must be moved to prevent their destruction or deterioration, must stay in places or sets that resemble as much as possible its original location and its natural, historical and artistic links.

 

Article 146.-The Ministry of culture, in coordination with the Ministry of science, technology and environment, and heard the opinion of the other bodies and agencies, will establish the necessary measures to ensure the preservation of the cultural heritage associated with the natural environment.

 

TITLE tenth third other provisions relating to the protection of the health and LA quality of life respect factors environmental adverse chapter I provisions general article 147-is prohibited issue, pour download substances have waste, produce sounds, noises, odours, vibrations and other physical factors affecting or may affect human health or damage the quality of life of the population.

 

Natural or legal persons who infringe the prohibition provided for in the preceding paragraph, be liable pursuant to the legislation in force.

 

Chapter II services public essential article 148.-the Institute of hydraulic resources, in coordination with the local organs of Popular power, will lead and coordinate the activities relating to drinking water supply, sewerage and wastewater treatment services.

 

Article 149.-The Ministry of public health will develop actions to verify that the provision of the services referred to in the previous article, as well as those relating to collection of waste solids and disposal in landfills, among other public services essential to the community, met the provisions ensuring the protection of the environment and in particular, the health of the population and their quality of life.

 

Article 150.-Start the construction, expansion or modification of human settlements, requires approval, plans land use, disposal of sewage, sewage sludge and solid waste plan, with specification of sewage networks, infrastructure and other forms of disposal of such wastes, as appropriate.

 

Article 151-The Ministry of economy and planning, as governing body of communal services, execute the actions of verification and control in this area, without prejudice to the powers and functions of other organs and agencies.

 

Chapter III noise, vibration and other factors physical article 152.-the Ministry of public health, the Ministry of labour and Social Security and the Ministry of science, technology and environment, in which each compete and through the establishment of coordination, they will dictate or propose, as appropriate, the measures a: the establishment of standards for permissible levels of sound and noise in order to regulate their effects on the environment;
 
It realization of studies and research with the objective of locate the origin or provenance, nature, grade, magnitude or frequency of them emissions of noise, vibration mechanical and others factors physical, such as energy thermal, energy light, radiation ionizing and pollution by field electro-magnetic and determine their effects on the environment and them measures to take in has for its elimination or attenuation;
 
the prohibitions, restrictions and requirements relating to them processes technological and the import of technology, in what is refers to the noise and others factors physical mentioned in the subsection earlier;
 
the definition of them sources artificial of pollution environmental originated by noise fixed and mobile, pointing them responsibilities corresponding and the measures to take for their elimination or attenuation.
 

Chapter IV waste hazardous and radioactive article 153.-the import of waste hazardous and radioactive requires of it prior and express authorization of the Ministry of science, technology and environment, which will require for your granting that it import is perform in correspondence with them recommendations international and them regulations national force and is provides for its application socially justified.

 

Article 154-Illicit traffic in hazardous wastes shall be punished in accordance with the provisions of the legislation in force.

 

Article 155-It is up to the Ministry of science, technology and environment, in coordination with the bodies and agencies, establish rules concerning the classification, management and export of hazardous wastes.

 

 

CHAPTER V TOXIC CHEMICALS


Article 156.-the Ministry of science, technology and environment, in coordination with them organs and agencies competent, will establish them provisions relating to the typing, production, storage, conservation, control, management, export e import of products chemical toxic industrial and of consumption of the population, without prejudice of them powers of the Ministry of the Interior and the State greater national of the Defense Civil in it relative to certain categories of products chemical toxic.

 

Article 157.-The Ministry of health in conjunction with the Ministry of agriculture and in coordination with other organs and agencies, shall establish the provisions referred to in the previous article, regarding pesticides toxic chemicals.

 

TITLE tenth quarter protection environment in the development of LAS activities labour article 158.-the provisions of this Act and its complementary regulations are applicable to all establishments and areas where work activities, to develop to pursue or not for profit, any that is their nature, the medium where they are made, the nature of workplaces and jobs , the nature of the machinery, elements, devices or procedures that are used or taken.

 

Article 159.-for the purposes of this law means settlement or area every place where performing tasks of any kind, with the permanent, circumstantial, transitional or possible presence of natural persons and to deposits and attached units of all kinds, in which such persons must stand or who attend or fulfilled for reasons of work.

 

The term employer means that uses the activity of one or more persons pursuant to a contract or employment relationship.

 

Article 160.-all employer is obliged to ensure conditions environmental that not affect or put in risk the health or the life of them workers, as well as develop them activities labour in harmony with the environment, guaranteeing also them means of protection appropriate. The employer is obliged to repair the damages caused by the breach of previous obligations.

 

Article 161-The employer must adopt and implement measures of prevention and control for the protection of the environment and to safeguard the health and the lives of workers and the surrounding population, especially the relative a: construction, adaptation and equipping of buildings and areas of work;
 
the good state of conservation, use and operation of all the facilities intended to prevent and correct them risks of the environment work;
 
avoid the accumulation of wastes or residues that constitute a health risk, making regular cleaning and disinfection
 
storing the hazardous with established protection measures;
 
instruct workers and keep in visible places, notices indicating the preventive measures to be taken with respect to the environmental risks of the establishment.
 

Article 162.-is a right and a duty of all the workers and their trade union organizations, actions aimed at demand and monitor compliance with the regulations regarding the protection of the environment.

 

Article 163.-Corresponds to the Ministry of science, technology and environment, the Ministry of labour and Social Security and the Ministry of public health, in which to everyone responsible, in coordination with the workers Central of Cuba and the National Association of small farmers and where appropriate, coordinate, establish and develop the actions necessary to ensure that this chapter is available.

 

FIRST transitional provisions: The provisions dictated complementary law No. 33, January 10, 1981, remain in force insofar as they are not contrary to this law. In term of two years from the promulgation of the present, the competent bodies, in coordination with the Ministry of science, technology and environment, be submitted for consideration by the Council of Ministers appropriate proposals for amendment of such regulations, in cases in which it is required.

 

Second: in the term of 180 days following to the promulgation of the present, the Ministry of science, technology and environment will present to the Council of Ministers the proposed corresponding in matter of contraventions administrative and rules criminal applicable of conformity with it expressed in the present law.

 

Special provisions first: The settlement of disputes arising from the application of provisions in this law corresponds to the halls of the people's courts, according to what stated the Governing Council the Court Supreme Popular, notwithstanding that are resolved in their own jurisdictions, civil, penal, contentious and administrativo-contravencionales materials in question here.

 

Second: When the powers attributed to the Ministry of science, technology and environment, by virtue of the second title, chapters III, IV and VI of this Act, relating to the State environmental inspection, environmental licensing and the evaluation of environmental impact, are developed with respect to areas or activities of the Ministry of the Interior or the Ministry of the revolutionary armed forces or linked to them they will be the way in which these inter-agency coordinated, without prejudice to the provisions of the present law.

 

Third: the Ministry of science, technology and environment, by duct of the Committee Executive of the Council of Ministers, will propose to the Council of State that is considered in the system of decorations of the Republic of Cuba the recognition to them people natural or legal, national or foreign, that demonstrate have contributed in form effective, to the protection and improvement of the environment national e international.

 

Fourth: The Ministry of science, technology and environment, consultation with bodies and competent bodies, is responsible for defining the technical terms contained in this Act, for which purpose shall draw up a glossary which should disclose among organs and agencies, organizations and entities relevant and the public in general, in the term of 180 days following the enactment of this Act.

 

FINAL provisions first: The Council of Ministers shall adopt, will have, or propose handed down by bodies and agencies, in cases where it is necessary, additional provisions that may be required for the best implementation of this law, which will have a maximum term of three years.

 

The term provided in the preceding paragraph also results from application of those provisions which referred to the law and whose emission corresponds to certain bodies and Government agencies.

 

Second: Repealing the Act 33, "of protection of the environment and the rational use of natural resources", 10 January 1981 and Decree-Law 118, "Structure, organization and functioning of the national system of protection of the environment and its governing body", of 18 January 1990.

 

Third: The present law shall enter into force from their publication in the Official Gazette of the Republic of Cuba.

 

GIVEN in the Chamber of the National Assembly of the Popular power, Palacio de las Convenciones, in the city of Havana, eleven days after the month of July of the year one thousand nine hundred and ninety-seven.

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