1. CONTROL OF THE WATER
SERVUDUMBRES AND OTHER RESTRICTIONS TO THE CONTROL
Article 5: Functions of the Department.
Corresponds to the DEPARTMENT OF THE ENVIRONMENT
27. Acquiring for the System of Natural National Parks or for the explicitly definite cases by the present Law, goods of private property and the hereditary of the companies of public right; to advance before the competent authority the expropriation of goods by reasons of public utility or social interest you defined by the law, and to impose the servants to that there was place;
Article 31: Functions.
The Regional Autonomous Corporations will exercise the following functions
27. Acquiring goods of private property and the hereditary of the companies of public right and to advance before the competent judge the expropriation of goods, once supplied the phase of direct negotiation, when it be necessary for the fulfillment of its functions or for the execution of works or projects required for the fulfillment of the same, and to impose the servants to that there be place, according to the law;
Article 107: Public Utility and Social Interest, Ecological Function of the Property.
Decláranse of public utility and social interest the acquisition by direct negotiation or by private property goods expropriation, or the imposition of servants, that be necessary for the execution of public works destined to the protection and management of the environment and the renewable natural resources, according to the procedures that establishes the law.
The environmental norms are of public order and they will not be able to be object of transaction or of renunciation to their application by the authorities or by the individuals.
In the terms of the present Law the Congress, the Assemblies and the Concejos municipal and local, remain invested of the faculty to impose obligations to the property in development of the ecological function that is it inherent.
They are motives of public utility and social interest for to the acquisition, by voluntary alienation or by means of expropriation, of the rural or urban goods real estate, hereditary of companies of public right or others right that estuvieren constituted on those same goods; besides them you determined in other laws, the following:
— The execution of public work destined to the protection and management of the environment and the renewable natural resources.
— The statement and alinderamiento of areas that integrate the System of Natural National Parks.
— The ordering of hydrographic basins in order to obtaining an adequate management of the renewable natural resources and its conservation. For the procedure of voluntary and direct negotiation as well as that of expropriation they will apply the prescripciones contemplated in the norms in force on agrarian reform for rural grounds and on urban reform for urban grounds.
PARAGRAFO :being Trying acquisition by direct negotiation or by private property real estate goods expropriation related to the areas of the System of Natural National Parks, the price will be set by the Geographical Institute "Agustín Codazzi", company this that upon doing its avalúos and with the purpose of avoiding an enrichment without cause, will not keep in mind those actions or intentions you declare and recent of the State that haveproducing a valorización evident of the goods evaluated, such as:
— The prior acquisition on the part of a company with functions in matter of administration and management of the renewable natural resources and of protection to the environment, inside the five (5) previous years, of another real estate in the same area of influence.
— The projects announced, the works in execution or executed in the five (5) previous years by the company adquiriente or by any another public company in the same sector, save in the case in which the owner have paid or is paying the contribution of valorización respective.
— The simple announcement of the project of the company adquiriente or of the DEPARTMENT OF THE ENVIRONMENT to buy real estate in determined sector, performed inside the five (5) previous years.
— The changes of use, density and height performed by the Integral Plan of Development, if existiere, inside the three (3) previous years to the authorization of acquisition, buying and selling, business, whenever the owner have been the same person during said period or, having alienated, there be readquirido the real estate for the date of the I evaluate administrative special.
In the I evaluate that it be practiced himself it will not keep in mind the improvements performed later to the declamatory one of the area as Natural National Park.
1. ADMINISTRATION OF THE WATER
GENERAL PRINCIPLES
Article 1 : Environmental GeneralPrinciples.
The Colombian environmental politics will continue the following general principles:
1. The process of social and economic development of the country will be oriented according to the universal principles and of sustainable development contents in the Statement of River of Janeiro of June of 1992 on Environment and Development.
2. The biodiversidad of the country, by being national patrimony and of interest of the humanity, should be protected priority and taken advantage of in sustainable form.
3. The politics of population will keep in mind the right of the human beings to a productive and healthy life in harmony with the nature.
4. The zones of pair, subpáramos, the births of water and the zones of recarga of acuíferos will be object of special protection.
5. In the utilization of the water resources, the human consumption will have priority on any another use.
6. The formulation of the environmental politics will keep in mind the result of the process of scientific investigation. Nevertheless, the environmental authorities and the individuals will give application at the beginning of precaution according to which, when serious and irreversible danger of damage exist, the lack of absolute scientific certainty should not be utilized like reason to defer the adoption of efficient measures to impede the degradation of the environment.
7. The State will promote the incorporation of the environmental costs and the use of economic instruments for the prevention, correction and restoration of the environmental deterioration and for the conservation of the renewable natural resources.
8. The landscape by being common patrimony should be protected.
9. The prevention of disasters will be matter of collective interest and the measures taken to avoid or to mitigate the effects of their occurrence will be of obligatory fulfillment.
10. The action for the protection and environmental recovery of the country is a joint task and coordinated among the State, the community, the not governmental organizations and the private sector. The State will support and I encourage the conformación of not governmental agencies for the environmental protection and will be able to delegate in them some of its functions.
11. The studies of environmental impact will be the basic instrument for it takes of decisions with respect to the construction of works and activities that affect significantly the natural or artificial environment.
12. The environmental management of the country, according to the National Constitution, will be decentralized, democratic and participativo.
13. For the environmental management of the country, an Environmental National System is established, SINA, whose components and their interrelation define the mechanisms of action of the State and the civil company.
14. The environmental institutions of the State will be structured having like integral management criteria base of the environment and their interrelation with the processes of physical, social, and economic planning.
REGULAR II
OF THE DEPARTMENT OF THE ENVIRONMENT AND OF THE ENVIRONMENTAL NATIONAL SYSTEM
Article 2 :Creation and Objectives of the Department of the Environment.
Créase the DEPARTMENT OF THE ENVIRONMENT as principal agency of the management of the environment and of the renewable natural resources, responsible for prompting a relation of respect and harmony of the man with the nature and of defining, in the terms of the present law, the politics and regulations to the ones that will be held the recovery, conservation, protection, code, management, use and aprovechamiento of the renewable natural resourcesEnvironment of the Nation, in order to assure the sustainable development.
The DEPARTMENT OF THE ENVIRONMENT will formulate, together with the President of the Republic and guaranteeing the participation of the community, the environmental national politics and of renewable natural resources, so that the right be guaranteed of all the persons to enjoy a healthy environment and the natural patrimony be protected and the sovereignty of the nation.
It corresponds to the DEPARTMENT OF THE ENVIRONMENT to coordinate the Environmental National System, SINA, that in this Law is organized, to assure the adoption and execution of the politics and of the plans, programs and respective projects, in order to guarantee the fulfillment of them you owe and right of the State and of the individuals in relation to the environment and with the natural patrimony of the Nation.
Article 3: Of The Concept of Sustainable Development.
It is understood for sustainable development the one that conduct to the economic growth, to the elevation of the quality of the life and to the social welfare, without exhausting the base of renewable natural resources in which is supported, neither to deteriorate the environment or the right of the future generations to utilize it for the satisfaction of its own needs.
Article 4: Environmental National System, SINA.
The Environmental National System, SINA, is the assembly of orientation, norms, activities, resources, programs and institutions that permit it set in motion of the environmental general principles contents in this Law. Will be comprising the following components:
1. The principles and general orientation contents in the National Constitution, in this Law and in the environmental regulatory nature that develop it.
2. The present specific regulatory nature that himself be not abrogated for this Law and the one that develop by virtue of the Law.
3. The companies of the responsible State for the politics and of the environmental action, indicated in the Law.
4. The community organizations and not governmental related to the problematic environmental one.
5. The sources and economic resources for the management and the recovery of the environment.
6. The public, private or mixed companies that carry out information production activities, scientific investigation and technological development in the environmental field.
The National Government will regulate the organization and operation of the Environmental National System, SINA.
PARAGRAFO :For all the effects the hierarchy in the Environmental National System, SINA, will continue the following descending order: DEPARTMENT OF THE ENVIRONMENT, Regional Autonomous Corporations, Departments and Districts or Municipalities.
PERMISSION, CONCESSIONS AND AUTHORIZATIONS
Article 49: Of the Obligatoriedad of the Environmental License.
The execution of works, the establishment of industries or the development of any activity, that according to the law and the regulations, can produce serious deterioration to the renewable natural resources or to the environment or to introduce considerable or notorious modifications to the landscape will require of an Environmental License.
Article 50:Of the Environmental License.
It is understood for Environmental License the authorization that offers the competent environmental authority for the execution of a work or activity, holds to the fulfillment by the beneficiary of the license of the requirements that the same one establish in relation to the prevention, mitigación, correction, compensation and management of the environmental effects of the work or activity authorized.
Article 51: Competence.
The Environmental Licenses will be offered by the DEPARTMENT OF THE ENVIRONMENT, the Regional Autonomous Corporations and some municipalities and districts, according to it predicted in this Law.
In the expedition of the environmental licenses and for the granting of the permission, concessions and authorizations will obey the dispositions relating to the environment and to the control, the preservation and the defense of the ecological patrimony, sent off by the territorial companies of the respective jurisdiction.
Article 52:Competence of the Department of the Environment.
The DEPARTMENT OF THE ENVIRONMENT will offer of way privativa the Environmental License in the following cases:
1. Execution of works and activities of exploration, exploitation, transportation, conduction and deposit of hydrocarbons and construction of refineries.
2. Execution of projects of great mining industry.
3. Construction of prey, dams or reservoirs with capacity over two hundred million cubic meters, and construction of generating head offices of electric energy that exceed of 100.000 Kw of capacity installed as well as the laid out one of the lines of broadcast of the national system of electric interconnection and projects of exploration and energy sources use virtually contaminants.
4. Construction or enlargement of maritime ports of great penetrated.
5. Construction of international airports.
6. Execution of public works of the river, road networks and national railway.
7. Irrigation districts construction for more than 20.000hectáreas.
8. Production and importing of pesticides, and of those substances, material or subject products to controls by virtue of treaties, covenants and international protocols.
9. Projects that affect the System of Natural National Parks.
10. Projects that advance the Regional Autonomous Corporations to that does reference the numeral 19 of the article 31 of the present Law.
11. Transvase of a basin to another of currents of water that exceed of 2 mt3/segundo during the periods of abundant minimum.
12. Introduction to the country of parentales for the reproduction of foreign species of fauna and wild flora that can affect the stability of the ecosystems or of the wild life.
13. Generation of nuclear energy.
PARAGRAFO 1: The environmental faculty to offer licenses for the construction of ports will be done without damage of the legal competence of the Superintendencia General of harbor Ports to offer concessions. Nevertheless the Environmental License is prerrequisito for the granting of harbor concessions.
PARAGRAFO 2:The DEPARTMENT OF THE ENVIRONMENT will offer a Global Environmental License for the exploitation of petroleum fields and of gas, without damage of the legal authority of the environmental authority to add or to establish specific environmental conditions required in each case, inside the field of production authorized.
Article 53: Of the Faculty of the Autonomous Corporations.
Regional to Offer Environmental Licenses. The National Government through regulation will establish the cases in which the Regional Autonomous Corporations will offer Environmental Licenses and those in which Study of Environmental Impact be required and Environmental Diagnosis of Alternatives.
Article 54:Delegation.