Key Benefits:
ArtAculo 1Aº. (Declaration).-Declare the general interest, as set out in the :
| A) | The protection of the environment, air quality, water, soil and landscape. |
| B) | The conservation of biological diversity and the configuration and structure of the coast. |
| C) | The reduction and proper handling of the hazardous or hazardous substances and waste whatever their type. |
| D) | Pre-expiration, removal, mitigation, and compensation for negative environmental impacts. |
| E) | The protection of shared environmental resources and those located outside the areas under national jurisdiction. |
| F) | Regional and international environmental cooperation and participation in solving global environmental problems. |
| G) | The formulation, instrumentation, and implementation of the national environmental policy and sustainable development. For the purposes of this law, sustainable development means that development that meets the needs of the present without compromising the ability of future generations to meet their own needs. |
This declaration is without prejudice to the specific rules in force in each of the materials.
ArtAculo 2Aº. (inhabitants ' law).-The inhabitants of the Republic have the right to be protected in the enjoyment of a healthy and balanced environment.
ArtAculo 3Aº. (People's Duty).-The people of the Asian and the private, public and private, have the duty to abstain from any act that causes depredation, destruction or serious contamination of the environment. environment.
Declare a vAa interpretative that, for the purposes of the article 1Aº. Likewise, it is understood by environmental damage any loss, decrease or significant detriment to the environment.
ArtAculo 4Aº. (State Duty).-It is the fundamental duty of the State and public entities in general to foster a model of environmentally sustainable development, protecting the environment and, if it is impaired, retrieve it or require it to be retrieved.
ArtAculo 5Aº. (Finality).-The objective of this general environment protection law is, in compliance with the mandate provided in the , to establish general forecasts for the national environmental policy and the environmental management coordinated with the various public and private sectors.
ArtAculo 6Aº. (Environmental policy principles).-The national environmental policy to be set by the Executive Branch will be based on the following principles:
| A) | The distinction of the Republic in the context of nations as "Natural PaAs", from an economic perspective, cultural and social of sustainable development. |
| B) | The pre-maturity and pre-visit are criteria In the case of environmental management and, where there is a danger of daA ± or severe or irreversible, the lack of technical or absolute scientific certainty cannot be alleged as reason for not taking preventive measures. |
| C) | constitutes an assumption for the effective integration of environmental dimension to economic and social development, gradual and progressive incorporation of new requirements, without which recognize the consolidation of pre-existing situations. |
| D) | The protection of the environment is a commitment to the whole of society, so people and representative organizations have the right-duty to participate in that process. |
| E) | The management Environmental protection must be based on the recognition of its transectoriality, requires the integration and coordination of the different public and private sectors involved, ensuring the national scope of environmental policy and decentralization in the exercise of protection tasks |
| F) | Environmental management must be based on proper management of environmental information, in order to ensure their availability and accessibility by any interested. |
| G) | Increasing and strengthening international cooperation in environmental matter by promoting the development of common environmental criteria. |
The above principles will also serve as an interpretative criterion for resolving issues that may arise in the application of environmental protection rules and competencies and in their relationship with other norms and standards. competencies.
ArtAculo 7Aº. (Environmental Management Instruments).-Constitute environmental management instruments:
| A) | This law, other than legal and regulatory standards, departmental rules and other protective provisions of the environment, such as instructions, guidelines, or methodical guidelines to be dictated. | |
| B) | Environmental protection programs, plans, and projects. |
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| C) | Environmental information and awareness, education, and environmental training. | |
| D) | Setting up meters and environmental quality standards. | |
| E) | The affidavits, the environmental impact assessment prior to a public hearing, and in the cases set by the articles 13 and 14 of Law No. 16.466, of January 19, 1994, and corresponding authorization processes. | |
| F) | The analysis and risk assessments, environmental audit and certification and environmental management. | |
| G) | The system in A protected natural. | |
| H) | The recovery and recomposition plans of trade that are approved. | |
| I) | Economic incentives and tributes. | |
| J) | Administrative sanctions and other accompanying measures. | |
| K) | The organization environmental institutional. | |
| L) | The set of Ministries, Departmental Governments, Autonomous Authorities and other State agencies, acting in a coordinated manner. |
The Executive Branch will regulate the manner and conditions under which the Ministry of Housing, Territorial Planning and the Environment will implement the management instruments not contained in this law or in specific laws of protection. of the environment.
ArtAculo 8Aº. (Coordinación).-Corresponds to the Executive Branch, through the Ministry of Housing, Territorial Ordinance and Environment, the exclusive coordination of the integrated environmental management of the State and public entities in general.
In addition to the competences assigned specifically to this Ministry, it will correspond to all those environmental matters, even sectoral ones, not legally assigned to another public entity.
The Ministry may delegate to departmental or local authorities the fulfillment of the environmental management tasks, prior to agreement with the respective hierarchy and under the conditions that will be determined in each case.
ArtAculo 9Aº. (Support and advice).-The Ministry of Housing, Territorial Planning and Environment will support the environmental management of departmental and local authorities and public entities in general, especially through the creation and development of units or specialized environmental areas that are dependent on them.
The departmental governments may require the advice of the Ministry of Housing, Territorial Planning and the Environment for the purposes of the elaboration of rules regarding the protection of the environment.
ArtAculo 10. (Relation).-The competence of the national, departmental, and local authorities is subject to what is set in the and to the provisions of this Law and the laws of the Republic of the Republic.
No person may not be aware of the requirements arising from national or departmental standards of protection and/or environmental conservation, of the same hierarchy, dictated within the framework of their respective competences, under less rigorous of the departmental or national authorities, respectively.
ArtAculo 11. (Environmental education).-The public entities will encourage the formation of the environmental awareness of the community through education, training, information and dissemination activities the adoption of behaviors consistent with the protection of the environment and sustainable development.
For such purposes, the Ministry of Housing, Territorial Planning and Environment will prioritize planning and implementing coordinated activities with education authorities, departmental and local authorities, and local authorities. non-governmental organizations.
ArtAculo 12. (Annual Environmental Report).-The Executive Branch, through the Ministry of Housing, Territorial Planning and the Environment, will produce annually a national report on the environmental situation, which should contain systematized and referenced information, organized by the subject areas.
The aforementioned report will be sent by the Executive Branch to the General Assembly, the Congress of Intenders, and the departmental governments.
It will be widely distributed and will be copies of it in the Ministry for the purpose of the stakeholders.
ArtAculo 13. (Tax Benefits).-Facultse to the Executive Branch to include within the scope of the artAculo 7Aº of Law No. 16,906, of 7 January 1998, the following:
| A) | The movable assets intended for the removal or mitigation of the negative environmental impacts of the same or recompose the affected environmental conditions. | |
| B) | Fixed improvements affected to the treatment of the environmental effects of industrial and agricultural activities. |
ArtAculo 14. (Complementary measures).-To ensure compliance with the provisions of this law and other environmental protection rules, the Ministry of Housing, Territorial and Territorial Ordinance Environment rotten:
| A) | Dictate administrative acts and perform material operations to prevent, prevent, decrease, monitor, and correcting predation, destruction, contamination, or environmental impact. | |
| B) | Impose the treatment of waste or emissions, whatever their source, asA as the self-monitoring of the same by the generators themselves. | |
| C) | Require the Real guarantee or sufficient staff in the judgment of the Administration, for the faithful fulfillment of the obligations deriving from the norms of environmental protection or for the damages that to the environment or to third parties eventually cause. | |
| D) | Have the preventive suspension of the allegedly dangerous activity, while the investigations are carried out to verify it or the studies or works directed to analyze or to prevent the contamination or environmental impact. | |
| E) | Adopt interim measures of intervention of the objects or the product of the activity allegedly ilAcite and constitute administrative abduction if deemed necessary, when the nature of the offence could result in the seizure of the same. |
ArtAculo 15. (Sanctions).-Without prejudice to what is set in the article 6Aº of Law No. 16.112, of 30 May 1990, in the articles 453 and 455 of Law No. 16,170, of 28 December 1990 and in the article 4Aº of Law No. 16.466, of January 19, 1994, where the imposition of penalties for violation of the rules of protection of the environment, the Ministry of Housing, Territorial and Territorial Ordinance Environment rotten:
| A) | Sanctioning with warning when the offender lacks background in the commission of violations of the same or similar nature and are considered to be mild. |
| B) | In cumulative form with others Penalties to be applied, in the case of infringements which are not considered , to proceed to the public dissemination of the sanctioning resolution, which will be at the expense of the offender when it is carried out through the publication in two national circulation newspapers and one of the department where the infraction. |
| C) | In cumulative form with other penalties that correspond, when it is infringements which are not considered to be minor, the confiscation of the objects or the proceeds of the "ilAcite" activity, as well as vehicles, ships, aircraft, instruments and devices directly linked to the commission of the infractions or the transit of the objects or products, without the holder of the property of the same. In cases where for different reasons the objects seized must be destroyed, the infringer may choose to do so, according to the instructions and to the entire satisfaction of the Administration or to leave it in charge of the same, in which case the costs incurred by the offender. When effective seizures are impossible, the seizure will be made at the time of the seizure. |
| D) | When dealing with violations that are considered serious or repeat or repeated offenders, have the suspension up to one hundred and eighty days of the records, ratings, authorisations or permissions of its competence for the exercise of the activity respective. |
In addition to the sanctions that correspond, in the case of violations committed by public entities, the Ministry of Housing, Territorial Ordinance and the Environment will give an account of the infractions to the Executive Branch and the Assembly. General.
ArtAculo 16. (Recomposition of trade).-When the person responsible will delay or resist giving compliance to the recomposition, reduction or mitigation provided in the article 4Aº of Law No. 16.466, of January 19, 1994, may request the judicial impositionof astreintes or to do so of its own office, being of charge of the infringer the expenses that it causes.
ArtAculo 17. (Air quality).-It is forbidden to release or issue to the atmosphere, directly or indirectly, substances, materials or energy, above the maximum limits or in contravention of the conditions that establish the Ministry of Housing, Territorial Planning and the Environment.
For such purposes, such Ministry shall take into account levels or situations which may endanger human, animal or plant health, impair the environment or cause risks, damage or serious inconvenience to living beings or property.
ArtAculo 18. (Ozone Layer).-The Ministry of Housing, Territorial Ordinance and Environment, as a national competent authority for the purposes of the instrumentation and application of the Vienna Convention for the Protection of the Ozone Layer (1985), approved by the Law No. 15,986of 16 November 1988 and the Montreal Protocol Relating to the Ozone Layer Agotator Substances (1987) and its amendments, approved by the Law No. 16,157of 12 November 1990, will establish the deadlines, limits and restrictions on the production, marketing and use of substances that affect the ozone layer.
ArtAculo 19. (Climate change).-The Ministry of Housing, Territorial Ordinance and Environment, as the competent national authority for the purposes of the implementation and implementation of the Framework Convention United Nations Climate Change (1992), approved by the Law No. 16,517of 22 July 1994, will lay down measures to mitigate the causes and adapt to the consequences of climate change and, in particular, to regulate emissions of greenhouse gases. greenhouse.
When appropriate, you will coordinate with sufficient powers the tasks and functions of other public and private entities that are related to the provisions of this article.
ArtAculo 20. (QuAmic substances).-It is of general interest to protect the environment against all affections that may arise from the use and management of the chemical substances, including within the same, the Basic elements, compounds, natural complexes and formulations, as well as the goods and articles containing them, in particular those that are considered as chemical or dangerous.
The Ministry of Housing, Territorial Ordinance and Environment will determine, under this law and the regulations governing the Executive Branch, the applicable conditions for the protection of the environment, the production, import, export, transport, packaging, labelling, storage, distribution, marketing, use and disposal of those chemical substances which would not have been regulated under the sectoral tasks assigned to it Ministry or other national bodies.
In any case, these agencies will incorporate in their regulations, in coordination with the Ministry of Housing, Territorial Ordinance and Environment, provisions that ensure adequate levels of protection of the environment against the adverse effects arising from normal use, accidents or waste that may be generated or derived.
ArtAculo 21. (Waste).-It is of general interest to protect the environment against all affections that may result from the handling and disposal of any waste of its kind.
The Ministry of Housing, Territorial Planning and the Environment-in agreement with the departmental governments, as appropriate and in accordance with the article 8Aº of this law-will dictate and apply the measures necessary to regulate the generation, collection, transportation, storage, marketing, treatment and final disposal of the waste.
ArtAculo 22. (Biological diversity).-The conservation and sustainable use of biological diversity, as a fundamental part of the national environmental policy and the effects of the instrumentation and implementation of the Biological Diversity Convention (1992), approved by the Law No. 16,408, dated 27 August 1993.
The Ministry of Housing, Territorial Planning and the Environment will establish measures of identification, monitoring and conservation of biodiversity; and how to ensure the sustainability of the use of its components; and shall coordinate with sufficient powers the tasks and functions of other public and private entities in the field of conservation and use of species and their habitats.
ArtAculo 23. (Biosafety).-The Ministry of Housing, Territorial Planning and the Environment, in accordance with the regulations that the Executive Branch will dictate, will dictate and implement the necessary measures to prevent and control risks. The invention also relates to the environmental aspects of the creation, handling, use or release of genetically modified organisms as a result of biotechnological applications, as soon as they can affect the conservation and sustainable use of the biological diversity and the environment.
Where appropriate, coordination with other public and private entities shall be coordinated by the measures to be taken in respect of other risks arising from such activities, but related to human health, industrial and occupational safety, good Laboratory ctics and drug and food use.
The introduction of modified living organisms resulting from biotechnologies in the areas subject to the national jurisdiction, whatever form or method under which it is carried out, will be subject to prior authorization of the competent authority. As long as that authority is not designated or when the introduction could be risky for biological diversity or the environment will be competent the Ministry of Housing, Territorial Ordinance and Environment.
ArtAculo 24. (Other rules).-The materials contained in the article 1Aº of this law and not included in this Chapter shall be governed by the specific rules.0
ArtAculo 25. (HAdrico Inventory).-The Ministry of Transport and Public Works and the Ministry of Housing, Territorial Planning and Environment will jointly carry out the inventory to which the href="areuelveref.aspx?Law, 14859/Art7/HTM"> article 7Aº of Decree-Law No. 14,859, of 15 December 1978, responsible for each of them, for the areas that they respectively correspond to as the competent Ministry for the purposes of the application of the Waters.
ArtAculo 26. (Costas).-DeclA by vAa interpretative that, for the purposes of the articles 153 and 154 of Decree-Law No. 14,859of 15 December 1978, in the wording given by the articles 192 and 193 of Law No. 15,903of 10 November 1987, is understood to mean:
| A) | By "modifying detrimental to the configuration and structure of the coast" any alteration of the balance dynamic of the coastal system or any of its components or determinants. |
| B) | By 'file to be given to interested parties' the granting of a hearing of the actions to the stakeholders, in the form prior to the adoption of the resolution, in accordance with the general rules of administrative action and procedure in the Central Administration. |
ArtAculo 27. (FONAMA).-Agricase al artAculo 454 of Law No. 16,170of 28 December 1990, for which the National Environment Fund was created, the following literals:
| " F) | The amount of the fice seizures and the amount of the sale of the effective seizures arranged by the infractions to environment protection rules. |
| G) | The occurrence of the imposition of astreutes, according to the expected in the artAculo 16 of the general law of protection of the environment". |
ArtAculo 28. (Judicial Code).-Will be included in the provisions of the article 455 of Law No. 16,170, of 28 December 1990, the expenses arising from the imposition of penalties for violation of the rules of protection of the environment and the expenses incurred in the recomposition, reduction or mitigation of environmental impacts of trade or in the restoration of the original configuration or structure of the shorelines.
The final decisions establishing them, such as those imposing fines, will be enforceable. It shall be competent for its collection, regardless of the amount, the Court of First Instance corresponding to the domicile of the defendant, determined by the date on which the resolution was issued, except in the department of Montevideo, where the shift shall be established in accordance with the rules of procedure in force.
When the defendant is the Ministry of Housing, Territorial Ordinance and the Environment, the courts located in Montevideo are competent.
ArtAculo 29. (Derogation).-Derogase the article 11 of Law No. 16.112, of 30 May 1990.
Chamber of Sessions of the CA of Representatives, in Montevideo, on November 15, 2000.
CA-mplase, acorsese recibo, comunAquese, publáquese e insáltese en el Registro Nacional de Leias y Decretos.
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 Montevideo, Uruguay. Legislative Power. |
