Free transcript, for Legal purposes please refer to original Spanish version
CONGRESS OF THE REPUBLIC
Environmental General Law
LAW Nº 28611
DIARY OF DEBATES - FIRST ORDINARY LEGISLATURE, 2005
CONCORDANCIAS:
Appendix S.D. N° 032-2005-MTC, 7th Transitory, Complementary and Final
Provision S.D. N° 002-2006-EM (Set provisions for the submission of the Complementary
Environmental Plan - PAC by companies that perform hydrocarbons activities) S.D. N° 015-2006EM (Regulation for Environmental Protection in Hydrocarbon Activities)
S.D. N° 007-2006-VIVIENDA (Approve the "National Sanitation Plan 2006 2015”)
D. Directing Council N° 010-2006-CONAM-CD (Approve the Guideline
Methodology for Ecological and Economic Zoning)
D. DIRECTING COUNCIL N° 011-2006-CONAM-CD (Approve the Action Plan
"Clean Up Air from the Atmospheric Basin of Iquitos city)
Law N° 28804 (Law which governs the declaration of Environmental
Emergency)
Law Nº 28852 (Promotion of private investment in reforestation and
agroforestry)
R.M. N° 198-2006-PRODUCE (Guide to Pollution Prevention for the
Manufacturing Industry)
D. DIRECTING COUNCIL N° 016-2006-CONAM-CD (Approve Integral Plan of
Atmospheric Sanitation for Lima and Callao, PISA 2005 - 2010)
R. N° 360-2006-SUNARP-SN (Approve Guideline Nº 004-2006-SUNARP/SN,
which governs the Register of Protected Natural Areas)
R.D. N° 012-2007-MTC-16 (Approve Guidelines to develop Environmental
Impact Assessments in Port Projects at definitive assessment level)
R.D. N° 013-2007-MTC-16 (Approve Guidelines to develop a Program of
Adaptation and Environmental Management in Port Project)
S.D. N° 027-2007-PCM (Defines and establishes the National Policies for
mandatory for National Government entities)
R.M. Nº 0191-2007- ED (Approve Original of Performance Indicators and
Aims of National Policies 2007 - 2011, corresponding to the Education Sector)
R. Nº 245-2007-OS-CD (Approve Procedures for environmental monitoring
of electrical companies and its Exposition of Reasons)
R.M. N° 168-2007-PRODUCE (Approve Guidelines for Submission of
Monitoring Reports on Aquaculture)
Law Nº 29073, Art. 41 (Law of the craftsman and the development of craft
activity)
R.P. Nº 111-2007-CONAM-PCD (Entrust CONAM that in coordination with
DIGESA, DICAPI, OSINERGMIN and INRENA develop the guidelines contained in the Action Plan
referred to the M.R. Nº 385-2006-PCM)
R.D. N° 055-2007-DP (Approve Advocacy Report N° 124, "The Right to
Water in Rural Areas: The case of district municipalities”)
R.D. Nº 056-2007-DP (Approve Advocacy Report N° 125 “Keep garbage in
its place. Proposals for management of municipal solid waste”)
R. Nº 171-2007-CONAM-PCD (Declare Environmental Emergency in areas
of influence of informal mining in the basin of the River Ramis)
R. Nº 640-2007-OS-CD (Regulation of the Sanctioning Administrative
Procedure for OSINERGMIN)
S.D. Nº 039-2007-MTC, Art. 5 (Regulation of the Law Nº 29022, Law for
Infrastructure Expansion in Telecommunications)
S.D. Nº 081-2007-EM, Regulation for Hydrocarbons Transportation by
Pipeline, Art. 154
R. Nº 693-2007-OS-CD (Approve the procedure for delivery via Internet of
Environmental and Solid Waste Monitoring Reports in activities related to liquid hydrocarbons,
other liquid hydrocarbon derivate products and liquefied gas of petroleum to OSINERGMIN)
Law Nº 29142, Third Final Provision (Law Public Sector Budget for Fiscal
Year 2008)
Law Nº 29163, Art. 9 (Law to promote the development of Petrochemical
Industry)
R. Nº 200-2007-CONAM-PCD (Approve the Proposal of Maximum Limits
Allowable of gaseous and particulate emissions for the Hydrocarbons Sub-sector)
R. Nº 201-2007-CONAM-PCD (Approve the Proposal of Maximum Limits
Allowable of emissions for Paper industrial and cement activities and steam boilers for industrial
use)
S.D. Nº 012-2008-EM (Approve the Regulation for Citizen Participation for
the development of Hydrocarbon Activities)
S.D. Nº 020-2008-EM (Approve Environmental Regulation for Mining
Exploration Activities)
Leg. D. Nº 1013 (Legislative Decree that approves the Law of Creation,
Organization and Functions of the Ministry of Environment)
S.D. N° 028-2008-EM (Regulation for Citizen Participation in the Mining
Subsector)
Leg.D. Nº 1048 (Legislative Decree which states the regulation of
environmental mining for deposits of mineral concentrates storage)
R.M. Nº 304-2008-MEM-DM (Approve Rules that govern the Citizen
Participation Process in the Mining Subsector)
Leg.D. Nº 1085 (Law that creates the Agency for Supervision of Forest and
Wildlife Resources)
Leg.D. Nº 1090 (Legislative Decree that approves the Forestry and Wild
Fauna Law)
S.D. N° 002-2008-MINAM (Approve the National Standards for
Environmental Quality for Water)
R.M. Nº 571-2008-MEM-DM (Approve Guidelines for Citizen Participation
in Hydrocarbon Activities)
R.M. N° 087-2008-MINAM (Approve Regulations for Access to Genetic
Resources)
S.D. Nº 002-2009-MINAM (Supreme Decree that approves the Regulation
about Transparency, Access to Environmental Public Information and Participation and Citizen
Consultation in Environmental Issues)
S.D. Nº 011-2009-EM (Minimum content of the Environmental Impact
Statement (Day) for execution of rural electrification projects)
Law Nº 29325 (Law of the National System for Assessment and
Environmental Fiscalization)
D.S Nº 012-2009-MINAM (Approve Environmental National Policy)
R.M. N° 0544-2009-AG (Declared priority the review and updating process
of Forestry and Wild Fauna Legislation)
S.D. N° 018-2009-MINAM (Approve Regulation of Tourism Use in Protected
Natural Areas)
LAW N° 29419 (Law which governs recyclers activity)
S.D. Nº 078-2009-EM (Implemented environmental remediation measures
in charge of the mining holder that has carried out actives and/or executed
projects related to mining activities under the General Mining Law)
S.D. N° 078-2009-EM, Art. 14
R. Nº 233-2009-OS-CD (Approve the Regulation for Sanctioning
Administrative Procedure of OSINERGMIN)
S.D. N° 023-2009-MINAM (Provisions for the implementation of National
Environmental Quality Standards (ECA) for Water)
THE PRESIDENT OF THE CONGRESS OF THE REPUBLIC
WHEREAS:
THE CONGRESS OF THE REPUBLIC;
Has given the following Law:
ENVIRONMENT GENERAL LAW
PRELIMINARY TITLE
RIGHTS AND PRINCIPLES
Article I.- Of the fundamental right and duty
Every person has the inalienable right to live in a healthy, balanced and appropriate
environment for the full development of life, and the duty to contribute to effective
environmental management and protect the environment as well as their components,
particularly ensuring the health of people individually and collectively, the conservation of
biological diversity, sustainable use of natural resources and sustainable development of the
country.
Article II.- Of the right of access to information
Every person has the right to adequate and timely access to public information on policies,
rules, measures, works and activities that could affect, directly or indirectly, the environment,
without invoking justification or interest that motivates such requirement.
Every person is obligated to provide adequately and timely information to authorities that
these require for effective environmental management, under Law.
Article III.- Of the right to participation in environmental management
Every person has the right to participate responsibly in the decision-making processes, as
well as in the definition and implementation of policies and measures concerning the environment
and its components, which are taken at each level of government. The State concerts with civil
society decisions and actions of environmental management.
CONCORDANCE:
Mining Subsector)
S.D. N° 028-2008-EM (Regulation for Citizen Participation in the
R.M. Nº 304-2008-MEM-DM (Approve Rules which governs the
Citizen Participation Process in the Mining Subsector)
Article IV.- Of the right to access to environmental justice
Every person has the right to a fast, simple and effective action, to administrative agencies
and jurisdiction, in protecting the environment and its components, ensuring adequate protection
of the health of people individually and collectively, the conservation of biological diversity,
sustainable use of natural resources and cultural heritage conservation linked to those.
Can be file legal actions even in cases that do not affect the economic interests of the
plaintiff. The moral interest authorizes the action even if not directly to the plaintiff or his family.
Article V.- The principle of sustainability
The management of the environment and its components, as well as the exercise and
protection of the rights established by this Law, is based on the balanced integration of social,
environmental and economic aspects of national development, as well as meeting the needs of
present and future generations.
Article VI.- The principle of prevention
Environmental management has the following priority objectives to prevent, monitor and
avoid environmental degradation. When it is not possible to eliminate the causes that generate it,
the measures of mitigation, recovery, restoration and eventual compensation are generated, that
correspond.
Article VII.- The precautionary principle
Where there are threats of serious or irreversible damage, lack of absolute certainty
should not be used as a reason for postponing the adoption of effective and efficient measures to
prevent environmental degradation.(*)
(*)In accordance with Article 2 of Law N° 29050, published on June 24, 2007, fits the text of this
Article, and the legislative text that refers to the "precaution criteria", “precautionary criteria” or
"principle of precaution" to the definition of the Precautionary Principle set out in Article 5 of Law
Nº 28245, amended by Article 1 of that Law.
CONCORDANCE:
Appendix S.D. Nº 059-2005-EM, Art. 5
D.R. N° 072-2006-DCG (Enacted provisions on control of the discharge of
ballast water and sediments of international marine vessels that have as destination or stop at
Peruvian ports)
Article VIII.- The principle of cost internalization
Any natural or legal person, public or private, must assume the cost of risk or harm to the
environment that generates.
The cost of prevention actions, monitoring, restoration, rehabilitation, repair and eventual
compensation, relating to the protection of the environment and its components of the negative
impacts of human activities must be borne by the perpetrators of these impacts.
Article IX.- The principle of environmental responsibility
The cause of environmental degradation and its components, whether natural or legal
person, public or private, is required to adopt measures inexcusably for restoration, rehabilitation
or repair as appropriate or, if the above were not possible to compensate in environmental terms
the damage caused, without prejudice to other administrative, civil or criminal proceedings that
could take place.
CONCORDANCE:
Law Nº 29325, Art. 23, num. 23.1 (Law of the National Assessment and
Environmental Fiscalization System)
Article X.- The principle of equity
The design and implementation of environmental public policies should help to eradicate
poverty and reduce social and economic inequities exist; and to sustainable economic
development of disadvantaged populations. In this regard, the State may adopt, among others,
policies or programs of affirmative action, understood as the coherent set of temporary measures
aimed at correcting the situation of members of the group they are intended, in one aspect or
more of social or economic life, in order to achieve effective equality.
Article XI.- The principle of environmental governance
The design and implementation of environmental policies are governed by the principle of
environmental governance, leading to the harmonization of policies, institutions, rules,
procedures, tools and information so as to allow effective and integrated participation of
stakeholders private and public decision-making, conflict management and consensus building, on
the basis of clearly defined responsibilities, legal certainty and transparency.
TITLE I
NATIONAL ENVIRONMENTAL POLICY AND ENVIRONMENTAL MANAGEMENT
CHAPTER 1
GENERAL ASPECTS
Article 1.- The Objective
This Law is the rule ordering of the legal regulatory framework for environmental
management in Peru. Establishes the principles and basic rules for ensuring the effective exercise
of the right to a healthy, balanced and appropriate environment for the full development of life
and of duty to contribute to effective environmental management and protect the environment,
as well as its components, with the aim of improving the quality of life of the population and
sustainable development of the country.
Article 2.- The scope
2.1 The provisions of this Law, as well as complementary rules and regulations are
mandatory for any individual or entity, public or private, within the national territory, which
includes the soil, subsoil, the maritime, lakeside, hydrological and hydrogeological and airspace.
2.2 This Law regulates the actions aimed at protecting the environment to be taken in the
development of all human activities. The regulation of productive activities and the use of natural
resources are governed by their respective Laws, whichever this Law with respect to policies, rules
and environmental management tools.
2.3 Understand, for the purposes of this Law, which any mention made of the
"environment" or "its components" includes physical, chemical and biological elements of natural
or anthropogenic origin that, individually or collectively, constitute the environment in life is
developed, with the factors that ensure individual and collective health of people and
conservation of natural resources, biodiversity and cultural heritage associated with them, among
other.
Article 3.- The State role on environmental issues
The State, through its institutions and agencies, designs and implements policies,
standards, tools, incentives and sanctions that are necessary to ensure the effective exercise of
the rights and fulfillment of the obligations and responsibilities contained in this Law.
CONCORDANCE:
S.D. N° 043-2006-EM (Establish General Provisions for the Implementation
of Negative Administrative Silence in the administrative proceedings dealt with the General
Directorate of Energetic Environmental Affairs)
R.M. N° 205-2006-PRODUCE (Enacted provisions to regulate waste
processing and discards of hydrobiological species generated by the fishing industrial processing
activity orientated to direct human consumption)
R.M. N° 490-2006-MEM-DM (Charge tracking, monitoring and
enforcement of the Agreement signed between the Apus of the Indigenous Communities
from River Corrientes, the Ministry of Energy and Mines, Ministry of Health, the Regional
Government of Loreto and the Company Pluspetrol Norte S.A.)
R. N° 192-2007-CONAM-PCD (Approve the Proposal of Maximum
Permissible Limits (LMP) of liquid effluents and for atmospheric emissions of point source in
metallurgical mining activities)
S.D. Nº 037-2008-PCM (Establish Maximum Permissible Limits of Liquid
Effluents for Hydrocarbons Subsector)
R.M. N° 121-2009-MINAM (Approve the Plan of Environmental Quality
Standards and Maximum Permissible Limit for Fiscal Year 2009)
Article 4.- Of taxation and the environment
The design of national tax framework considers the objectives of the National
Environmental Policy, promoting particularly environmentally responsible behaviors, patterns of
production and responsible consumption of goods and services, conservation, sustainable use and
recovery of natural resources as well as the development and use of appropriate technologies and
cleaner production practices in general.
Article 5.- Heritage of the Nation
Natural resources are the National Heritage. Their protection and conservation can be
invoked as a cause of public necessity, according to Law.
Article 6.- Limitations on the exercise of rights
The exercise of property rights and freedom of work, enterprise, commerce and industry,
are subject to the limitations established by the Law to safeguard the environment.
Article 7.- The matter of public order of environmental regulations
7.1 Environmental rules, including rules of environmental health and conservation of
biodiversity and other natural resources, are of public order. Agreement is void against the
provisions of such legal norms.
7.2 The design, implementation, interpretation and integration of the rules outlined in the
previous paragraph, whether national, regional and local character, is performed following the
principles, guidelines and rules contained in this Law and, additionally, in general principles of the
right.
CHAPTER 2
NATIONAL ENVIRONMENTAL POLICY
Article 8.- The National Environmental Policy
8.1 The National Environmental Policy is a set of guidelines, objectives, strategies, goals,
programs and instruments of public character, which aims to define and guide the actions of the
agencies of National, regional and local Government, and private sector and civil society, in
environmental issues
8.2 Policies and environmental regulations at the national, sectorial, regional and local
character are designed and implemented in accordance with the National Environmental Policy
and must be in line with each other.
8.3 The National Environmental Policy is part of the strategic development process of the
country. It is approved by Supreme Decree countersigned by the President of the Council of
Ministers. Is of mandatory compliance.
Article 9.- Of the objective
The National Environmental Policy aims to improve the quality of life of people, ensuring
healthy ecosystems, viable and functional in the long term and sustainable development of the
country, through prevention, protection and restoration of the environment and its components,
the conservation and sustainable use of natural resources in a responsible manner and consistent
with respect for fundamental human rights.
CONCORDANCE:
S.D. N° 018-2009-MINAM (Approve Regulation of Touristic Use in
Protected Natural Areas)
Article 10.- Linkage with other public policies
State policies integrate environmental policies with other policies. In this sense, planning,
decision and implementation of public policies at all levels of government, including sectorial
necessarily incorporate the guidelines of the National Environmental Policy.
Article 11.- Of basic environmental guidelines of public policy
Without prejudice to the specific content of the National Environmental Policy, the design
and implementation of public policies consider the following guidelines:
a. Respect for human dignity and the continuous improvement of quality of life of the
population, ensuring adequate protection of the health of people.
b. Risk prevention and environmental damage, as well as prevention and control of
environmental pollution, especially at noise sources. In particular, the promotion of development
and use of technologies, methods, processes and practices of production, marketing and final
disposition cleaner.
c. The sustainable use of natural resources, including conservation of biodiversity through
the protection and restoration of ecosystems, species and their genetic heritage. No consideration
or circumstance can justify or excuse actions that could threaten or create a risk of extinction of
any species, subspecies or variety of flora or fauna.
d. The sustainable development of urban and rural areas, including conservation of periurban agricultural areas and the provision of environmentally sustainable public services and the
conservation of cultural norms, knowledge and lifestyles of traditional communities and
indigenous peoples.
e. The effective promotion of environmental education and responsible environmental
citizenship at all levels, educational areas and areas of the national territory.
f. The strengthening of environmental management, which must be provided by the
authorities of resources, attributes and conditions for the exercise of their functions. The
authorities exercise their functions under the crosscutting nature of environmental management,
taking into account environmental issues and problems should be considered integral and
intersectorial and accepted at the highest level, without taking into account exempted or lend
their assistance to the environmental protection, including conservation of natural resources.
g. The coordination and integration of policies and plans to combat poverty, business
matters, taxation and competitiveness of the country with the objectives of environmental
protection and sustainable development.
h Scientific information that is essential for decision-making in environmental issues.
i. The development of all business activities must be made taking into account the
implementation of policies for environmental management and social responsibility.
CONCORDANCE:
S.D. Nº 039-2007-MTC, Art. 5
Article 12.- Foreign policy on environmental issues
Notwithstanding the provisions of the Political Constitution, in the current legislation and
national policies, Foreign Policy of the State in environmental issues is governed by the following
guidelines:
a. The promotion and defense of State interests, in line with the National Environmental
Policy, the principles set out in this Law and other standards on the subject.
b. The generation of multilateral decisions for the proper implementation of the
mechanisms identified in international environmental agreements ratified by Peru.
c. Respect for the sovereignty of States over their respective territories to conserve,
manage, enhance the value and sustainably use their natural resources and the associated cultural
heritage, as well as define their level of environmental protection and the most appropriate
measures to ensure the effectively enforce its environmental laws.
d. The consolidation of the international recognition of Peru as a country of origin and
center of genetic diversity.
e. The promotion of international strategies and actions to ensure appropriate access to
genetic resources and traditional knowledge, respecting the procedure of prior informed consent
and authorization of use; the legal provisions on patentability of products related to their use,
particularly as to the certificate of origin and legal provenance; and, ensuring the equitable
distribution of benefits.
f. The implementation of the principle of common responsibilities but differentiated from
states and other principles contained in the Rio Declaration on Environment and Development.
g. The search for solutions to global environmental problems, regional and sub-regional by
international negotiations to mobilize external resources to promote social capital development,
knowledge development, facilitating technology transfer and the promotion of competitiveness,
trade and the eco-business and to achieve sustainable development of the states.
h. International cooperation for the sustainable management of natural resources and
maintain the conditions of ecosystems and the environment across borders and beyond the areas
where the State exercises sovereignty and jurisdiction in accordance with international law.
Transboundary natural resources are governed by treaties on the matter or otherwise by special
legislation. The state promotes the integrated management of these resources and the strategic
partnerships involving both the improvement of the conditions of sustainability and respect for
national environmental norms.
i. Cooperate in the conservation and sustainable use of marine biodiversity in areas
beyond the limits of national jurisdiction, according to international law.
j. The establishment, development and promotion of international environmental law.
CHAPTER 3
ENVIRONMETAL MANAGEMENT
Article 13.- of the concept
13.1 Environmental management is an ongoing and continuous process, consisting of the
structured set of principles, technical standards, processes and activities, designed to manage the
interests, expectations and resources related to environmental policy objectives and thus achieve,
a better quality of life and integral development of the population, the development of economic
activities and environmental and natural heritage conservation of the country.
13.2 Environmental management is governed by the principles set out in this Law and the
Laws and other rules on the subject.
Article 14.- Of the National Environmental Management System
14.1 The National Environmental Management System is responsible for functional and
territorial integration of policy, rules and management tools, as well as public functions and
relationships of coordination of State institutions and civil society, in environmental issues.
14.2 The National Environmental Management System is based on state institutions,
bodies and offices of various ministries, decentralized public agencies and public institutions at
national, regional and local that exercise competences and functions on the environment and
natural resources; as well as Regional and Local Systems of Environmental Management, with the
private sector and civil society participation.
14.3 The National Environmental Authority is the governing body of the National
Environmental Management System.
Article 15.- Of environmental management systems
The National Environmental Management System integrates the public management
systems in environmental issues, such as sectorial, regional and local systems of environmental
management, as well as other specific systems related to the implementation of environmental
management tools.
Article 16.- Of the instruments
16.1 Environmental management tools are mechanisms aimed at implementation of
environmental policy on the basis of the principles set out in this Law, and as stated in their
supplementary rules and regulations.
16.2 Constitute operational means that are designed, regulated and implemented with
functional or complementary character, to effectuate compliance with the National Environmental
Policy and environmental rules that govern the country.
Article 17.- Of the types of instruments
17.1 Environmental management tools may be for planning, promotion, prevention,
control, correction, information, financing, participation, fiscalization, among others, governed by
their respective legal rules and principles contained in this Law.
17. Is understood that are instruments of environmental management, national, sectorial,
regional or local environmental management systems; environmental territorial planning;
environmental impact assessment; the Closure Plans; Contingency Plans; the national
environmental quality standards; environmental certification, environmental guarantees;
environmental information systems, economic instruments, environmental accounting, strategies,
plans and programs for prevention, fitness, control and remediation; the mechanisms of citizen
participation; the comprehensive plans for waste management; the instruments designed to
conserve natural resources; environmental fiscalized instruments and sanction; the classification
of species, closed seasons and areas for protection and conservation; and, in general, all aimed at
fulfilling the objectives outlined in the preceding Article.
17.3 The State must ensure coherence and complementarity in the design and
implementation of environmental management tools.
CONCORDANCE:
S.D. Nº 078-2009-EM (Implemented measures of environmental
remediation by the mining titles that has carried out activities and/or executed projects related to
mining under the General Mining Law)
Article 18.- Of compliance of the instruments
In the design and implementation of environmental management instruments are
incorporated mechanisms to ensure its compliance including, among others, terms and the
schedule for environmental investments, and other programs and commitments.
Article 19.- Of the planning and environmental territorial ordering
19. Planning on use of territory is a process of anticipation and decision making related to
future actions in the territory, which includes the instruments, criteria and aspects for its
environmental ordering.
19.2 Environmental territorial ordering is an instrument that is part of the territorial
ordering policy. It is a technical and political process aimed at defining environmental criteria and
indicators that determine the allocation of territorial uses and orderly occupation of territory.
Article 20.- Of the objectives of planning and territorial ordering
The planning and territorial ordering are intended to complement the economic, social
and environmental planning with territorial dimension, streamline interventions about the
territory and focus on its conservation and sustainable use. Have the following objectives:
a. Guide the formulation, approval and implementation of national, sectorial, regional and
local policies in environmental management issue and sustainable use of natural resources and
the orderly occupation of territory, in accordance with the characteristics and potentials of
ecosystems, environmental conservation, cultural heritage preservation and welfare of the
population.
b. Support capacity strengthening of relevant authorities to conduct the management of
spaces and natural resources under their jurisdiction, promoting citizen participation and
strengthening the civil society organizations involved in this task.
c. Provide technical information and reference framework for making decisions about
occupation of territory and the use of natural resources; as well as guide, promote and enhance
public and private investment, based on the principle of sustainability.
d. Contribute to consolidating and promoting processes of consultation between the State
and the various economic and social actors, about the occupation and the appropriate use of
territory and the use of natural resources, preventing environmental conflicts.
e. Promote the protection, recovery and/or rehabilitation of degraded and fragile
ecosystems.
f. Promote the development of clean technologies and social responsibility.
CONCORDANCE:
Ordering”)
R.M. N° 026-2010-MINAM (Approve “Policy Guidelines for Territorial
Article 21.- Of the allocation of uses
The allocation of uses is based on the evaluation of the potential and limitations of the
territory using, among other, physical, biological, environmental, social, economic and cultural
criteria, by the process of ecological and economic zoning. These instruments are dynamic and
flexible processes, and are subject to the National Environmental Policy.
Article 22.- Of the environmental territorial ordering and decentralization
22.1 The environmental territorial ordering is a goal of decentralization in environmental
management issue. In the process of decentralization is a priority the incorporation of
environmental dimension in the territorial ordering of regions and in the local jurisdiction areas, as
part of their sustainable development strategies.
22.2 The Executive Power, at proposal from the National Environmental Authority and in
coordination with the decentralized levels of government, sets the national policy on
environmental territorial ordering, which is mandatory regarding public policies at all levels of
government.
22.3 Regional and local governments coordinate their territorial ordering policies, to each
other and with the national government, considering the proposals in this regard made by the civil
society.
Article 23.- Of the urban and rural ordering
23.1 Corresponds to local governments, as part of their functions and attributions,
promote, develop and implement urban and rural ordering plans, in accordance with the National
Environmental Policy and national urban development rules, considering the planned growth of
cities, as well as the various uses of the space of jurisdiction, in accordance with current
legislation, which are evaluated under socioeconomic and environmental criteria.
23.2 Local governments should avoid that incompatible activities or uses, for
environmental reasons, are developed within the same area or in adjacent areas within their
jurisdictions. Also need to ensure the preservation and expansion of urban and peri-urban green
areas available to the population.
23.3 The facilities for the manufacture, processing or storage of hazardous or explosive
chemical substances should be located in industrial areas, according to the criteria of zoning
approved by local governments.
Article 24.- Of the National System of Environmental Impact Assessment
24.1 All human activity involving construction, works, services and other activities as well
as policies, plans and public programs which may cause environmental impacts of a significant
nature is subject, according to Law, the National System of Environmental Impact Assessment SEIA , which is administered by the National Environmental Authority. The Law and its regulation
develop the components of the National System of Environmental Impact Assessment.
24.2 The projects or activities that are not in the National System of Environmental Impact
Assessment should develop in accordance with environmental protection rules specific to the
subject.
CONCORDANCE:
Leg.D. Nº 1013, section b) of Art. 6 (General Functions)
Article 25.- Of the Environmental Impact Assessments
The Environmental Impact Assessments - EIA are management instruments that contain a
description of the proposed activity and the anticipated direct and indirect effects of such activity
on the physical and social environment in the short and long term as well as their technical
evaluation. Should indicate the measures necessary to prevent or reduce damage at tolerable
levels and include a brief summary of the assessment for purposes of advertising. The Law of the
matter said the other requirements that must contain the EIA.
Article 26.- Of the Adequacy Programs and Environmental Management
26.1 The competent environmental authority may establish and approve Adequacy
Programs and Environmental Management - PAMA, to facilitate the adaptation of an economic
activity to new environmental obligations, shall ensure due compliance deadlines established by
the respective rules, through performance explicit environmental objectives, goals and progress
schedule of compliance, as well as the prevention, control, mitigation, recovery and eventual
appropriate compensation. The supportive reports from the definition of terms and adjustment
measures, monitoring and progress in fulfilling reports of the PAMA, are public and must be
available to any interested person.
26.2 Failure of the actions defined in the PAMA, whether during its validity or at the end of
it, is punished administratively, whether civil or criminal penalties that may apply.
Article 27.- Of the closure of activities plans
The holders of all economic activities must ensure that the closure of activities or facilities
not subsist negative environmental impacts of a significant nature, should consider this aspect
when designing and implementing environmental management instruments that they are entitled
under the current legal framework. The National Environmental Authority, in coordination with
sectorial environmental authorities, lays down specific rules on the closure, abandonment, postclosure and post-abandonment of activities or facilities, including the content of the respective
plans and conditions to ensure the proper implementation.
Article 28.- Of the Declaration of Environmental Emergency
In case of occurrence of some sudden and significant environmental damage caused by
natural or technological causes, CONAM, in coordination with the National Institute of Civil
Defense and the Ministry of Health or other agencies with environmental jurisdiction must declare
the Environmental Emergency and establish special plans within the framework of this
Declaration. For Law and its regulation governing the procedure and the declaration of that
Emergency.
Article 29.- Of the transitional rules of environmental quality of special character
The National Environmental Authority in coordination with the competent authorities may
issue temporary environmental rules specific application in environmentally critical areas or
affected by disasters, in order to contribute to their recovery or overcome emergency situations.
Its establishment does not exclude the approval of other rules, parameters, guides or guidelines
aimed at preventing environmental degradation, protection of health or conservation of natural
resources and biological diversity and do not alter the validity of the ECA and LMP that are
applicable.
CONCORDANCE:
Law N° 28804, Single Transitory Provision
Article 30.- Of the plans for decontamination and treatment of environmental liabilities
30.1 The plans for decontamination and treatment of environmental liabilities are
intended to remedy environmental impacts caused by one or several investment projects or
activities, past or present. The Plan should consider its financing and responsibilities that apply to
holders of polluting activities, including compensation for damage caused under the principle of
environmental responsibility.
30.2 Entities with environmental competencies promote and establish plans for
decontamination and recovery of degraded environments. The National Environmental Authority
establishes criteria for the development of such plans.
30.3 The National Environmental Authority, in coordination with the Health Authority may
propose to the Executive Power to establish and regulate a system of special rights that allow
restricting global emissions at level of environmental quality standards. The referral system must
take into account:
a) The types of existing emission sources;
b) The specific pollutants;
c) The instruments and means of assignment of quotas;
d) Monitoring measures; and,
e) The fiscalization of the system and the corresponding penalties.
CONCORDANCE:
Law N° 28804, Single Transitory Disposition
Article 31.- Of Environmental Quality Standard
31.1 The Environmental Quality Standard - ECA is the measure that sets the level or degree
of concentration of elements, substances or physical, chemical and biological parameters in air,
water or soil, as a host body, which represents no significant risk to people’s health or
environment. Depending on the particular parameter to which it relates, concentration or grade
may be expressed as maximum, minimum or ranges.
31.2 The ECA is mandatory in the design of legal rules and public policies. It is a
compulsory reference in the design and implementation of all environmental management
instruments.
31.3 No environmental certification is granted established by the Law of the National
System of Environmental Impact Assessment, when the respective EIA concludes that the
implementation of the activity would involve a breach of Environmental Quality Standard. The
Programs of Environmental Adaptation and Management should also consider the Environmental
Quality Standards when establishing the respective commitments.
31.4 Any judicial or administrative authority may make use of the national environmental
quality standards in order to sanction in any way natural or legal persons, unless it is proved that
there is causality between their actions and the transgression of these standards. Penalties should
be based on the breach of obligations of natural persons or legal entities, including those
contained in the environmental management instruments.
Article 32.- Of the Maximum Permissible Limit
32.1 The Maximum Permissible Limit - LMP, is the measure of the concentration or the
degree of elements, substances or physical, chemical and biological parameters that characterize
an emission or effluent, which when exceeded causes or may cause damage to health, human
welfare and the environment. Compliance is legally enforceable by the respective competent
authority. Depending on the particular parameter to which it relates, concentration or grade may
be expressed as maximum, minimum or ranges. (*)
(*)Numeral amended by Article 1 of Legislative Decree No. 1055, issued on June 27, 2008, which
reads as follows:
"32.1 The Maximum Permissible Limit - LMP, is the measure of the concentration or the
degree of elements, substances or physical, chemical and biological parameters that characterize
an emission or effluent, which when exceeded causes or may cause damage to health, human
welfare and the environment. Its determination incumbent on the Ministry Environment.
Compliance is legally enforceable by the Ministry of Environment and the agencies that make up
the National System of Environmental Management. The criteria for determining monitoring and
sanctions shall be established by that Ministry."
CONCORDANCE:
R. N° 192-2007-CONAM-PCD (Approve the Proposal for Maximum
Permissible Limits (LMP) of liquid effluents and for atmospheric emissions of point source in metal
mining activities)
S.D. Nº 037-2008-PCM (Establishing Liquid Effluent Maximum Permissible
Limits for the Hydrocarbons Subsector)
32.2 The LMP is coherent between the level of environmental protection established for a
particular source and overall levels established in the ECA. The implementation of these
instruments must ensure that no exceed the load capacity of ecosystems, in accordance with the
relevant rules.
CONCORDANCE:
D. DIRECTIVE COUNCIL N° 029-2006-CONAM-CD (Approve Schedule for
Prioritizations for progressive approval of Environmental Quality Standards and Maximum
Permissible Limits)
D. DIRECTIVE COUNCIL N° 003-2007-CONAM-CD (Approve the proposal of
the Supreme Decree for the Approval for Environmental Quality Standards (ECA) for Water and its
and Implementation Strategy)
D. DIRECTIVE COUNCIL N° 004-2007-CONAM-CD (Approve the proposal of
Maximum Permissible Limits (LMP) of gaseous emissions and Particles of the Electricity
Subsector)
D. DIRECTIVE COUNCIL N° 007-2007-CONAM-CD (Approve the proposal of
Maximum Permissible Limits (LMP) of Effluent of the Fishmeal and Fish Oil Industry)
S.D. Nº 010-2008-PRODUCE (Maximum Permissible Limits (LMP) for the
Fishmeal and Fish Oil Industry and Supplementary Rules)
S.D. N° 011-2009-MINAM (Approve the proposal of Maximum Permissible
Limits for emissions of the Fishmeal and Fish Oil and Hydrobiological Waste Fishmeal)
Article 33.- Of preparation of ECA and LMP
33.1 The National Environmental Authority leads the preparation and review of ECA and
LMP and, in coordination with relevant sectors, produce or commission, the proposed ECA and
LMP, which will be forwarded to the Presidency of the Council of Ministers for approval by
Supreme Decree.
CONCORDANCE:
D. DIRECTIVE COUNCIL N° 003-2007-CONAM-CD (Approve proposal of
Supreme Decree for Approval of Environmental Quality Standards (ECA) for Water and its
Implementation Strategy)
D. DIRECTIVE COUNCIL N° 004-2007-CONAM-CD (Approve the proposal of
Maximum Permissible Limits (LMP) of gaseous emissions and Particles of the Electricity Subsector)
S.D. N° 033-2007-PCM (Approve the Procedure for approval of
Environmental Quality Standards (ECA) and Maximum Permissible Limits (LMP) of Environmental
Pollution)
D. DIRECTIVE COUNCIL N° 007-2007-CONAM-CD (Approve proposal of
Maximum Permissible Limits (LMP) of Effluents of the Fishmeal and Fish Oil Industry)
S.D. Nº 010-2008-PRODUCE (Maximum Permissible Limits (LMP) for the
Fishmeal and Fish Oil Industry and Supplementary Rules)
33.2 The National Environmental Authority in the preparation of the ECA, LMP and other
standards or parameters for environmental control and protection, must take into account
established by the World Health Organization (WHO) or entities of international level specialized
in each of the environmental issues .
33.3 The National Environmental Authority, in coordination with the corresponding
sectors, will dispose the approval and will record the application of international standards or of
international level where there are no ECA or LMP equivalent approved in the country.
CONCORDANCE:
D.DIRECTIVE COUNCIL N° 020-2006-CONAM-CD, Art. 5
33.4 In the process of reviewing the environmental pollution parameters, in order to
determine new levels of quality, applies the principle of gradualness, allowing progressive
adjustments at these levels for ongoing activities.
CONCORDANCE:
S.D. Nº 037-2008-PCM (Establish Maximum Permissible Limits of Liquid
Effluents for the Hydrocarbons Subsector)
Article 34.- Of the prevention plans and improvement of environmental quality
The National Environmental Authority coordinates with the competent authorities, the
formulation, implementation and evaluation of plans to improve environmental quality or to
prevent irreversible damage to sensitive areas or where ECA are exceeded, and watch as the case,
its faithful compliance. For that purpose may issue precautionary measures to ensure the
implementation of the plans listed, or to establish penalties for failure of a planned action in them,
unless such action constitutes a breach of environmental legislation that must be resolved by
other authority under Law.
CONCORDANCE:
Leg.D. Nº 1013, section b) of Art. 6 (General functions)
Article 35.- Of the National System of Environmental Information
35.1 The National System of Environmental Information - SINIA, constitutes a network of
technological, institutional and technical integration to facilitate the systematization, access and
distribution of environmental information, as well as the use and exchange of information for
decision-making processes and environmental management.
35.2 The Environmental National Authority manages the SINIA. At its request, or in
accordance with applicable legal rules, public institutions generating information, national,
regional and local, are required to provide information relevant to the SINIA, without prejudice to
the information that is protected by special rules.
Article 36.- Of the economic instruments
36.1 Constitute economic instruments those based on proper market mechanisms that
seek to encourage or discourage certain behaviors in order to promote compliance with
environmental policy objectives.
36.2 Under budget and tax policy framework of the State public institutions at national,
sectorial, regional and local level in their exercise and respective functions, incorporate economic
instruments, including those of a tax, to encourage appropriate environmentally practices and
meeting the objectives of the National Environmental Policy and environmental rules.
36.3 The design of economic instruments fosters the achievement of environmental
performance standards more stringent than those established in the environmental rules.
Article 37.- Of the promotion measures
Public entities establish measures to promote adequate compliance of environmental
rules and higher standards of environmental performance as a complement to economic
instruments or punishment that establish, as training, dissemination and public awareness
activities, the publication of environmental performance averages, public recognition and the
assignation of special scoring in public bidding to more environmentally responsible suppliers.
Article 38.- Of financing of environmental management
The Executive Power provides guidelines for the financing of public sector environmental
management. Without prejudice to allocate public resources, the Executive Power must seek,
among other measures, to promote access to international funding mechanisms, international
cooperation resources and sources to comply with the objectives of environmental policy and the
National Environmental Agenda, approved in accordance with current legislation.
Article 39.- Of the information about environmental expenditure and investment of the
State
The Ministry of Economy and Finance reports on spending and investment in the
implementation of public programs and projects on environmental issues. This information is
included annually in the State National Report of the Environment.
Article 40.- Of the private sector's role in financing
The private sector contributes to the financing of environmental management on the basis
of internalization principles of costs and environmental responsibility, without prejudice to other
actions taken within the framework of its social responsibility policies and other voluntary
contributions.
CHAPTER 4
ACCESS TO ENVIRONMENTAL INFORMATION AND CITIZEN PARTICIPATION
CONCORDANCE:
S.D. Nº 002-2009-MINAM (Supreme Decree that approves the Regulation
about Transparency, Access to Public Environmental Information and Participation and Citizen
Participation in Environmental Issues)
Article 41.- Of the access to environmental information
Under the right to access adequate and timely to public information about the
environment, its components and its implications on health, all public agencies as well as legal
persons subject to the private regime providing public services, provide access to such
information, upon request, without distinction of any kind, subject exclusively to the provisions of
the current legislation.
CONCORDANCE:
S.D. Nº 002-2009-MINAM, Arts. 7 and 20 (Supreme Decree that approves
the Regulation about Transparency, Access to Environmental Public Information and Participation
and Citizen Consultation in Environmental Issues)
Article 42.- Of the obligation to inform
Public agencies with environmental competencies and legal entities that provide public
services, as stated in the preceding Article, have the following obligations with regard to access to
environmental information: (*)
(*) Paragraph amended by Article 1 of the Legislative Decree N° 1055, published on June 27, 2008,
which reads as follow:
"Article 42.- Of the Obligation to Inform
Public agencies with environmental competencies and legal entities that provide public
services, as stated in the preceding Article, have the following obligations with regard to access to
environmental information:"
a. Establish mechanisms for the generation, organization and systematization of
environmental information related to sectors, areas or activities in charge.
b. Provide direct access to environmental information that is required and that is in its
competence scope, without prejudice to adopt the measures necessary to protect the normal
development of their activities and always that is not incur in legal to.
c. Establish criteria or measures to validate or ensure the quality and adequacy of
environmental information that have.
d. Spread the free information about State activities and in particular concerning its
organization, functions, goals, skills, organization, departments, office hours and office
administrative procedures in charge, among others.
e. Eliminate requirements, illegal charges and requirements that hinder, limit or prevent
the effective access to environmental information.
f. Render an account on the requests for access to the information received and the care
provided.
g. Deliver to the National Environmental Authority information that it requested, as
necessary for environmental management. The application shall be submitted in writing and must
be answered no later than 15 days, the National Environmental Authority may extend this period
of office or upon request by a party.(*)
(*)Paragraph amended by Article 1 of Legislative Decree No. 1055, published on June 27, 2008,
which reads as follows:
"g. Provide the Ministry of Environment-MINAM environmental information being
generated by this, as necessary for environmental management, which must be supplied to the
Ministry within it to determine, under the responsibility of the highest representative of the
agency responsible for providing information. Notwithstanding the foregoing, the failure of the
official or public servant responsible for forwarding the above information shall be considered as
serious misconduct."
"h. MINAM will request information to the generators agencies of information in order to
prepare national reports about the state of the environment. This information shall be submitted
within the period determined by the Minister; it may be extended upon the request of a party,
under the responsibility of the highest representative of the agency responsible for providing
information. Notwithstanding the foregoing, the official or public servant responsible for
forwarding the above information, shall be considered as serious misconduct." (*)
(*)Paragraph incorporated by Article 1 of Legislative Decree N° 1055, published on June 27, 2008.
CONCORDANCE:
S.D. Nº 002-2009-MINAM, Art. 20 (Supreme Decree that approves the
Regulation about Transparency, Access to Environmental Public Information and Participation and
Citizen Consultation in Environmental Issues)
Article 43.- Of the information on complaints submitted
43.1 Everyone has the right to know the status of complaints filed with any public entity
for risk or harm to the environment and its other components, especially those related to damage
or health risks to people. (*)
(*) Subsection amended by Article 1 of the Legislative Decree N° 1055, published on June 27, 2008,
which reads as follow:
"43.1 Everyone has the right to know the status of complaints filed with any public entity
for violations of environmental regulations, sanctions and environmental remedies, risk or harm to
the environment and its other components, especially those related to damage or risks health of
people. Public entities must establish in its Regulations on Organization and Functions, Single Text
of Administrative Procedures or other documents of management, procedures for the care of
those complaints and their communication ways to the public, according to the parameters and
criteria that set on the Ministry of Environment and under the responsibility of its highest
representative. The entities should send annually a list of complaints received and the solutions
found, in order to release this information to the public through SINIA."
43.2 In case of the complaint has been transferred to another authority, because of the
legally established functions and powers, should be given immediate notice of such fact to the
complainant.
Article 44.- Of the incorporation of information to the SINIA
The reports and documents resulting from the scientific, technical and monitoring
activities of environmental quality and its components, as well as those generated in the
performance of environmental functions exercised by the public entities must be incorporated
into SINIA to facilitate their access to public and private entities, under the framework of rules and
limitations established in the rules of transparency and access to public information.
Article 45.- Of environmental statistics and national accounts
The State includes national statistics about the state of the environment and its
components. Likewise, should also include in national accounts the value of the Natural Heritage
of the Nation and the degradation of environmental quality through regular reporting through the
National Environmental Authority about the increases and decreases that affect it.
Article 46.- Of the citizen participation
Any natural or legal person, individually or collectively, may have opinions, positions,
points of view, comments or contributions, in the processes of decision making of environmental
management and policies and actions that impact on it, as well as its subsequent implementation,
monitoring and control. The right to public participation is exercised in a responsible way.
CONCORDANCE:
Subsector)
S.D. N° 028-2008-EM (Regulation of Citizen Participation in Mining
Article 47.- Of the duty of responsible participation
47.1 Any person, natural or legal, has a duty to participate responsibly in environmental
management, acting in good faith, transparency and truthfulness in accordance with the rules and
formal participation mechanisms procedures established and the provisions of this Law and other
rules in force.
47.2 Constitute transgression of the legal provisions on citizen participation any action or
measure that the authorities or the citizens take that impedes or obstructs the beginning, middle
or end of a process of public participation. In no case will constitute transgression of the norms of
civic participation peaceful submission of contributions, points of view or documents relevant and
adjusted to the purpose or subject matter of citizen participation.
Article 48.- Of the mechanisms for citizen participation
48.1 Public authorities establish formal mechanisms to facilitate effective citizen
participation in environmental management and promote their development and use by the
natural or legal persons related, interested or involved with a particular process of decision
making in environmental matters or implementation, monitoring and control; likewise promote,
according to their capabilities, capacity building in organizations dedicated to defending and
protecting the environment and natural resources, as well as encourage their participation in
environmental management.
CONCORDANCE:
R.M. Nº 571-2008-MEM-DM (Approved Guidelines for Citizen Participation
in Hydrocarbon Activities)
48.2 The National Environmental Authority establishes the guidelines for the design of the
environmental citizen participation mechanisms, that includes queries and public hearings,
opinion surveys, suggestion boxes opening, publication of regulatory projects, technical panels and
roundtables, among others.
CONCORDANCE:
R.M. Nº 304-2008-MEM-DM (Approved Rules that govern the Citizen
Participation Process in the Mining Subsector)
Article 49.- Of the specific requirements
Public agencies promote participatory mechanisms of natural and legal persons in
establishing environmental management, in particular, mechanisms for citizen participation in the
following processes:
a. Development and dissemination of environmental information.
b. Design and implementation of policies, rules and environmental management
instruments, as well as plans, programs and environmental agendas.
c. Evaluation and implementation of projects for public and private investment as well as
natural resources management projects.
d. Monitoring, control and environmental monitoring, including allegations of violations of
environmental legislation or by threats or violation of environmental rights.
CONCORDANCE:
LEG.D. N° 1055, Art. 2
Article 50.- Of the duties of the State in terms of citizen participation
Public entities have the following obligations in terms of citizen participation:
a. Promote timely access to information related to the subject matter of citizen
participation.
b. Train, provide advice and promote the active participation of organizations dedicated to
defending and protecting the environment and organized people, in environmental management.
c. Establish mechanisms for citizen participation in each process of involvement of natural
and legal persons in environmental management.
d. Eliminate the demands and requirements that hinder, restrict or impede the effective
participation of natural or legal persons in environmental management.
e. Ensure that any natural or legal person, without discrimination of any kind, can access
the mechanisms of citizen participation.
f. Render an account of the mechanisms, processes and applications for citizen
participation in matters at its charge.
Article 51.- Of the criteria to be followed in procedures for citizen participation
Without prejudice to national, sectorial, regional or local rules that are established, in any
public participation process must meet the following criteria:
a. The competent authority available to the interested public, especially in the places most
affected by decisions to be made, the information and relevant documents, with reasonable
anticipation, in clear and simple format, and appropriate means. In the case of national
authorities, the information is posted to the public at the headquarters of the regional and the
provincial municipality nearest to the place indicated in the preceding section. Similarly, the
information should be accessible by Internet.
b. The competent authority publicly announces public participation processes, by means
to facilitate knowledge of such notice, mainly to the population probably interested.
c. When the decision taken is based on the review or approval of documents or studies of
any kind and if its complexity is justified, the competent authority must provide, on behalf of the
promoter of the decision or project simplified versions to the stakeholders.
d. The competent authority should promote the participation of all sectors of society are
likely interested in the subjects of the process of citizen participation, as well as participation of
public servants with functions, powers or responsibilities related to such matters.
e. When in areas involved with the subject matter of consulting inhabit populations that
mostly practice different languages to Castilian, the competent authority ensures that the means
are provided to facilitate their understanding and participation.
f. Public hearings are conducted, at least in the area where the investment project will
develop, plan, program or where measures will be implemented regarding public participation,
ensuring that the venue is one that allows greater participation of those potentially affected.
g. Citizen participation processes are properly documented and recorded, being made
public any information generated or disclosed as part of these processes, except as otherwise
provided in current legislation.(*)
(*)Paragraph amended by Article 1 of Legislative Decree N° 1055, issued on June 27, 2008, which
reads as follows:
"g. When public consultations or other forms of citizen participation, the sector concerned
must publish the agreements, observations and recommendations in its institutional portal.
If the observations or recommendations made as a result of citizen participation
mechanisms are not taken into account, the relevant sector must justify in writing the reasons for
this, within a period not exceeding thirty (30) working days.”
h. When observations or recommendations made as a result of citizen participation
mechanisms are not taken into account, it should inform and substantiate the reason in writing to
those who have formulated.
CONCORDANCE:
recommendations)
R.M. Nº 304-2008-MEM-DM, Art. 29 (Of the observations or
TITLE II
OF THE SUBJECTS OF ENVIRONMENTAL MANAGEMENT
CHAPTER 1
STATE ORGANIZATION
Article 52.- Of the environmental competences of the State
State environmental competencies are exercised by independent constitutional bodies,
National Government authorities, regional governments and local governments, in accordance
with the Constitution and the Laws that define their respective scopes of activity, functions and
powers, under the unitary character of the State. The design of policies and national
environmental rules is a unique feature of the National Government.
Article 53.- Of roles of cross-sectorial character
53.1 The entities that have roles in environmental health, protection of renewable natural
resources, water quality, air or soil and other cross-sectorial aspects of exercising surveillance,
establishment of criteria and if necessary, issuing a technical opinion prior to avoid the risks of
environmental damage and to compromise the protection of assets under its responsibility. The
obligation of the prior technical opinion is set by Supreme Decree countersigned by the President
of the Council of Ministers and regulated by the National Environmental Authority.
53.2 The authorities referred to in the preceding paragraph should periodically evaluate
the policies, regulations and resolutions issued by public bodies at sectorial, regional and local
levels in order to determine its consistency with its policies and rules for the protection of assets
under its responsibility, if otherwise they must report their findings to the National Environmental
Authority, the authorities involved and the General Comptroller of the Republic, so that each
exercises its functions according to Law.
53.3 Every public authority at national, regional and local levels must meet the
requirements formulated by the entities mentioned in the first paragraph of this Article, under
responsibility.
CONCORDANCE:
R.M. Nº 251-2008-MINSA
Article 54.- Of the conflicts of competence
54.1 When in a particular case, two or more public entities allocating environmental
functions of normative, prosecution or penalty on the same activity, correspond to the National
Environmental Authority, through its Court Environmental Dispute Resolution, determine which
must act as the competent authority. The resolution of the National Environmental Authority is of
obligatory observance and exhaust administrative via. This provision is applicable in case of
conflict between:
a) Two or more entities of the Executive Power.
b) One or more of an Executive Power entity and one or more regional governments or
local governments.
c) One or more regional governments or local governments.
54.2 The National Environmental Authority has competence if the function or specific
allocation in conflict has not been assigned directly by the Constitution or by their respective
Organic Laws, in which case the dispute is solved by the Constitutional Court.
Article 55.- Of the deficiencies in the allocation of environmental attributions
The National Environmental Authority exercises coordinating and regulatory functions, of
fiscalization and sanction, to correct gaps, overlaps and deficiencies in the performance of
functions and national environmental attributions, sectorial, regional and local environmental
issue.
CONCORDANCE:
R.M. N° 121-2009-MINAM (Approve Environmental Quality Standards Plan
and Maximum Permissible Limits for Fiscal Year 2009)
CHAPTER 2
PUBLIC AUTHORITIES
Article 56.- Of the National Environmental Authority
The National Environmental Council - CONAM is the National Environmental Authority and
governing body of the National System of Environmental Management. Its specific functions and
attributions are established by Law and develop its Rules of Organization and Functions.
Article 57.- Of the scope of cross-sectorial provisions
In the exercise of its functions, the National Environmental Authority sets provisions of
cross-sectorial scope on the management of environment and its components, without prejudice
to the specific functions carried out by sectorial authorities, regional and local authorities
responsible.
Article 58.- Of the sectorial exercise of the environmental functions
58.1 The ministries and their decentralized public agencies, as well as regulatory or
fiscalization bodies, exercise functions and environmental attributions on the activities and
matters set out in the Law.
58.2 Sectorial authorities with environmental competence coordinate and consult with
each other and with regional and local government authorities, in order to harmonize their
policies to avoid conflicts or gaps of competence and to respond with coherence and efficiency, to
the objectives and purposes of this Law and the National System of Environmental Management.
Article 59.- Of the decentralized exercise of environmental functions
59.1 Regional and local governments exercise their functions and attributions in
accordance with that set their organic Laws and the provisions of this Law.
59.2 For the design and implementation of policies, rules and environmental management
instruments at regional and local levels, taking into account the principles, rights, duties, mandates
and responsibilities set forth in this Law and the rules governing the National System of
Environmental Management; the decentralization process; and those of national character
referring to an environmental planning, protection of natural resources, biodiversity, health and
environmental quality protection.
59.3 Regional and local authorities with environmental competence, coordinate and
consult with each other and with national authorities, in order to harmonize their policies, to avoid
conflicts or gaps of competence and to respond, with coherence and efficiency, to the objectives
and purposes of this Law and the National System of Environmental Management.
Article 60.- Of the exercise of competencies and functions
Regional and municipal rules in environmental issue are in line with national level
legislation. Regional and local governments report and make coordination with the entities with
which share competencies and functions, before exercising them.
Article 61.- Of the harmonization in regional environmental management
Regional governments, through their Managements of Natural Resources and
Environmental Management, in coordination with the Regional Environmental Commissions and
the National Environmental Authority, implement a Regional System of Environmental
Management, integrating public and private entities that perform environmental functions or
impact on the quality of the environment, as well as civil society, the scope of action of regional
government.
Article 62.- Of the harmonization in local environmental management
Local governments organize the exercise of their environmental functions, considering the
design and structuring their internal organs or commissions, based on their resources, needs and
the transverse character of environmental management. Must implement a Local System of
Environmental Management, integrating public and private entities that perform environmental
functions or that affect the quality of the environment, as well as civil society, in the scope of local
government performance.
Article 63.- Of the funds of public interest
The application of financial resources that manage the funds of public interest involving
the State, whether public or private, is made taking into account the principles set out in this Law
and promoting scientific and technological research, product innovation, provision of clean
production and bio-businesses, as well as social development, without prejudice to the specific
objectives for which they are created.
CHAPTER 3
POPULATION AND ENVIRONMENT
Article 64.- Of population settlements
In the design and implementation of public policies relating to the creation, development
and relocation of population settlements in their respective instruments of planning and
preparation decisions regarding territorial and urban development, are considered environmental
protection measures, based on what provisions of this Law and complementary rules and
regulations, so as to ensure adequate living conditions in cities and towns throughout the country
as well as health protection, conservation and sustainable use of natural resources and diversity
biological and cultural heritage associated with them.
Article 65.- Of population policies and environmental management
The population growth and its location within the territory are variables considered in the
environmental and promoting sustainable development policies. Similarly, the policies of urban
and rural development must consider the impact of population on environmental quality and its
components.
Article 66.- Of the environmental health
66.1 Risk prevention and harm to health of people is a priority in environmental
management. Is the responsibility of the State, through the Health Authority and the natural and
legal persons within the national territory, contributed to effective environmental management
and the factors that create health risks for people.
66.2 The National Health Policy incorporates the environmental health policy as a priority
area in order to ensure the minimization of environmental risks arising from activities and matters
arising under the scope of this sector.
CONCORDANCE:
R.M. Nº 251-2008-MINSA
Article 67.- Of basic sanitation
Public authorities at national, sectorial, regional and local level prioritize basic sanitation
measures that include the construction and administration of appropriate infrastructure;
management and proper handling of drinking water, stormwater, groundwater, public sewer
system, reuse of wastewater, excreta disposal and solid waste in urban and rural areas, promoting
universality, quality and continuity of sanitation services, as well as the establishment of
appropriate rates and consistent with the cost of such services, its management and
improvement.
Article 68.- Of the development plans
68.1 Territorial conditioning plans of municipalities consider, as appropriate, the
availability of water sources, as well as areas or zones for the location of health infrastructure, and
must ensure that take into account the specific criteria of lifetime span of this infrastructure, the
provision of buffer areas to reduce negative impacts on people's health and environmental quality,
their protection against natural disasters, prevention of risks on surface water and groundwater
and other environmental elements .
68.2 In the instruments of territorial planning and conditioning should be considered,
necessarily, identifying the location of areas for basic sanitation infrastructure.
Article 69.- Of the relationship between culture and environment
The relationship between humans and the environment in which they live is part of the
culture of the peoples. The public authorities encourage those cultural expressions that contribute
to conservation and environmental protection and discourage those contrary to such purposes.
Article 70 Of indigenous peoples, peasant and indigenous communities
In the design and implementation of environmental policy and, in particular, in the process
of environmental territorial ordering, must safeguard the rights of indigenous peoples, peasant
and indigenous communities recognized in the Political Constitution and international treaties
ratified by the State. Public authorities promote their participation and integration in
environmental management.
CONCORDANCE:
S.D. N° 009-2006-AG
Article 71.- Of collective knowledge
The State recognizes, respects, record, protect and promote to apply wider the application
of collective knowledge, innovations and practices of indigenous peoples, peasant and indigenous
communities, as they are a manifestation of their traditional lifestyles and are consistent with the
conservation of biological diversity and sustainable use of natural resources. The State encourages
their participation, fair and equitable, sharing of benefits arising from such knowledge and
encourages their participation in conservation and management of the environment and
ecosystems.
Article 72.- Of the use of natural resources and indigenous peoples, peasant and
indigenous communities
72.1 Studies and projects for exploration, exploitation and utilization of natural resources
on land are permitted indigenous peoples, peasant and indigenous communities, adopt the
measures necessary to prevent detriment to their cultural, social, economic or traditional values.
72.2 In case of projects or activities to be developed within the lands of indigenous
peoples, peasant and indigenous communities, the consultation procedures are usually geared to
establishing agreements with their representatives, in order to protect their rights and traditional
customs, as well as to establish benefits and compensatory measures for the use of resources,
knowledge or land that correspond according to the relevant legislation.
72.3 Pursuant to Law, indigenous peoples and indigenous communities and peasants can
benefit from open access resources to meet their subsistence needs and ritual uses. Likewise, have
a preferential right to the sustainable use of natural resources on their lands, properly certificated,
unless the State reserve or exclusive rights or excluding of others, in which case they are entitled
to fair and equitable sharing of economic benefits that could arise from the use of these resources.
CONCORDANCE:
S.D. N° 009-2006-AG
CHAPTER 4
COMPANY AND ENVIRONMENT
Article 73.- Of the scope
73.1 The provisions of this CHAPTER are payable to the investment projects, research and
any activity likely to generate negative environmental impacts, as applicable, in accordance with
the provisions determined by the respective competent authority.
73.2 The term "holder of operations" as used in the following Articles of this CHAPTER
includes all natural and legal persons.
Article 74.- Of general responsibility
Each holder of operations is responsible for emissions, effluents, discharges and other
negative impacts that are generated on the environment, health and natural resources as a result
of their activities. This responsibility includes the risks and environmental damage that are
generated by action or omission.
Article 75.- Of comprehensive management and prevention at the source
75.1 The holder operations must take priority, risk prevention and environmental damage
measures at the generated source thereof, as well as other conservation and environmental
protection measures appropriate for each stage of its operations, under the concept of cycle of life
of the goods that produce or services that provide, in accordance with the principles set out in this
Preliminary TITLE of this Law and other laws in force.
75.2 The studies for investment projects at prefeasibility, feasibility and definitive level, by
public or private entities, which execution may impact on the environment should consider the
costs necessary to preserve the environment of the locality in which to run the project and those
which may be affected by this.
Article 76.- Of environmental management systems and continuous improvement
The State encourages that the holders of the operations adopt environmental
management systems according to the nature and magnitude of their operations, in order to drive
continuous improvement in their environmental performance levels.
Article 77.- Of the promotion of clean production
77.1 The national, sectorial, regional and local authorities promote, through regulatory
actions, the promotion of tax incentives, spreading, counseling and training, clean production in
the development of investment projects and business activities in general, understanding that
clean production is the continuous application of a preventive environmental strategy and
integrated for processes, products and services, in order to increase efficiency, manage resources
rationally and reducing risks to human population and environment for sustainable development.
77.2 The cleaner production measures that can take the holder of operations include, as
applicable, inventory and flow control of raw materials and supplies, as well as their replacement;
revision, maintenance and replacement of equipment and technology used; control or
replacement of fuel and other energy sources; the reengineering of processes, methods and
practices of production; and restructuring or redesign of goods and services that provides, among
others.
Article 78.- Of the company social responsibility
The State promotes, spreads and facilitates the voluntary adoption of social responsibility
policies, practices and mechanisms of the company, understanding that this is a set of actions
aimed at establishing an appropriate work environment as well as relations of cooperation and
good neighborly driven by the holder of.
Article 79.- Of the promotion of voluntary rules
The State, in coordination with the guilds and business organizations, promotes the
development and adoption of voluntary standards as well as self-regulation by the holders of
operations to improve its environmental performance, subject to due compliance with current
regulations.
Article 80.- Of the national technical rules, of quality and eco-labeling
The state promotes the adoption of national technical rules to standardize production
processes and the technical characteristics of the goods and services offered in the country or
exported, promoting quality management, risk prevention and environmental damage in the
production processes or provision, as well as labeling practices, that safeguard the rights of
consumers to know the information relating to health, environment and natural resources,
without creating unnecessary or unjustified barriers to free trade, in accordance with the rules in
force and international treaties ratified by the Peruvian State.
Article 81.- Of sustainable tourism
Public agencies, in coordination with the private sector, adopt effective measures to
prevent, control and mitigate environmental degradation and its components, in particular,
natural resources and Cultural Heritage of the Nation associated with them, as a result of
infrastructure development and tourism and recreational activities, likely to generate negative
impacts on them.
Article 82.- Of responsible consumption
82.1 The State, through the dissemination and counseling educational activities, promote
the rational and sustainable consumption, so as to encourage the use of natural resources,
production of goods, provision of services and trade practice under adequate environmental
conditions.
82.2 The rules, provisions and resolutions about procurement and public contracting
deemed as stated in the previous paragraph, in the definition of the scores of suppliers of the
State bidding rounds.
Article 83.- Of the control of hazardous materials and substances
83.1 In accordance with the principles set forth in Preliminary TITLE and other provisions
of this Law, companies are taking measures for the effective control of hazardous materials and
substances intrinsic to their activities, must prevent, control, mitigate eventually, negative
environmental impacts that those generate.
83.2 The State adopts regulatory measures, of control, incentive and sanction to ensure
the use, handling and proper handling of hazardous materials and substances, whatever their
origin, state or destination is, in order to prevent risks and damage to human health and the
environment.
TITLE III
INTEGRATION OF ENVIRONMENTAL LEGISLATION
CHAPTER 1
SUSTAINABLE USE OF NATURAL RESOURCES
Article 84.- Of the concept
All the components of nature, which may be used by humans to satisfy their needs and
have actual or potential value in the market, are considered natural resources, as provided by Law.
Article 85.- Of natural resources and the role of the State
85.1 The State promotes conservation and sustainable use of natural resources through
policies, rules, instruments and development activities, as well as through the granting of rights
under the limits and principles expressed in this Law and other Laws and regulations applicable.
85.2 Natural resources are the Heritage of the Nation, just to the right granted in
accordance with the Law and due process can take advantage of the fruits or products thereof,
with the exceptions of Law. The State is competent to exercise legislative, executive and
jurisdictional functions respect to natural resources.
85.3 The National Environmental Authority, in coordination with sectorial and
decentralized environmental authorities, prepare and regularly update the inventory of natural
resources and environmental services that provide, establishing their related valuation.
Article 86.- Of security
The State adopts and implements measures to control risk factors on natural resources by
establishing, where appropriate, measures to prevent damage that may arise.
Article 87.- Of transboundary natural resources
Transboundary natural resources are governed by treaties on the matter or otherwise by
special legislation. The State promotes integrated management of these resources and the
strategic partnerships involving both the improvement of the conditions of sustainability and
respect for national environmental rules.
Article 88.- Of the definition of use regimes
88.1 By Organic Law defines the scope and limitations of open access resources and the
regime of sustainable use of natural resources, taking particular account:
a. The sector or sectors of the state responsible for the management of this resource.
b. The procedures for granting rights over resources.
c. The scope, conditions and legal nature of the rights that are granted.
d. The rights, duties and responsibilities of the holders of rights.
e. Measures to promote, control and penalties which corresponding.
88.2 The granting of use rights to particulars is done according to the special Laws of each
resource and includes prior compliance by the State to all conditions and budgets established in
the Law.
88.3 Are intrinsic characteristics and conditions to rights of sustainable use, and as such
should be respected in the special Laws:
a. Use of the resource according to the TITLE granted.
b. Compliance with technical and legal obligations concerning the resource granted.
c. Compliance with management plans or similar, environmental impact assessments,
environmental risk assessments or other established for each natural resource.
d Comply with economic retribution, payment of fees of validity and any other economic
obligation established.
Article 89.- Of management measures of natural resources
For the management of natural resources, each responsible authority considers as
appropriate the adoption of prior measures to the grant of rights, such as:
a. Planning.
b. Ordering and zoning.
c. Inventory and valuation.
d. Information systematization.
e. Scientific and technological research.
f. Citizen participation.
Article 90.- Of the inland water resources
The State promotes and controls the sustainable use of inland waters through the
integrated management of water resources, preventing impairment of environmental quality and
natural conditions of their environment, as part of the ecosystem where they are; regulates
allocation in function of social, environmental and economic objectives; and promotes investment
and private sector participation in resource sustainable use.
Article 91.- Of soil resource
The State is responsible for promoting and regulating the sustainable use of soil resources,
seeking to prevent or reduce loss and damage by erosion or pollution. Any economic or service
activity should avoid the use of soils suitable for agriculture, as established in the relevant rules.
Article 92.- Of forest resources and wild fauna
92.1 The State establishes a forest policy guided by the principles of this Law, promoting
sustainable use of forest resources and wild fauna, as well as conservation of natural forests,
highlighting without prejudice to the above, the principles of ordering and zoning of the national
forest area, the forest resource management, legal certainty in the granting of rights and the fight
against illegal logging and hunting.
92.2 The State promotes and supports the sustainable management of wild fauna and
flora, prioritizing the protection of species and varieties endemic and endangered species, based
on technical, scientific, economic information and traditional knowledge.
Article 93.- Of the ecosystem approach
The conservation and sustainable use of natural resources should be focused in a
comprehensive way, scientifically evaluating the use and protection of natural resources and
identifying how they affect the ability of ecosystems to be maintained and sustained over time,
both in regard to human beings and living organisms, such as existing natural systems.
Article 94.- Of the environmental services
94.1 Natural resources and other environmental components perform functions that
maintain the conditions of ecosystems and the environment, generating profits that are used
without retribution or compensation to mediate, so that the State establishes mechanisms to
valuate, compensate and maintain the supply of these environmental services, seeking the
conservation of ecosystems, biodiversity and other natural resources.
94.2 Means environmental services, protection of water resources, protection of
biodiversity, mitigation of gases emissions of greenhouse and scenic beauty, among others.
94.3 The National Environmental Authority promotes the creation of financing
mechanisms, payment and supervision of environmental services.
CONCORDANCE:
Leg.D. Nº 1013, paragraph b) of Art. 6 (General functions)
Article 95.- Of decontamination bonds
To promote the conservation of biological diversity, the National Environmental Authority
promotes, through a National Commission decontamination bonds, or other alternative
mechanisms, so that industries and projects can access the funds created under Kyoto Protocol
and other agreements of environmental character. By Supreme Decree creates the National
Commission referred.
Article 96.- Of the non-renewable natural resources
96.1 The management of non-renewable natural resources is in charge of their respective
sectorial competent authorities, in accordance with the provisions of Law N° 26821, the Laws of
organization and functions of these authorities and the special rules of each resource.
96.2 The State promotes the use of the best available technologies for the exploitation of
nonrenewable resources be efficient and environmentally responsible.
CHAPTER 2
BIODIVERSITY CONSERVATION
Article 97.- Of guidelines for biodiversity policy
Biodiversity policy is governed by the following guidelines:
a. The conservation of ecosystem diversity, species and genes, as well as maintaining
essential ecological processes on which depends the survival of the species.
b. The strategic role of biodiversity and cultural diversity associated with it, for sustainable
development.
c. The ecosystem approach in planning and management of biodiversity and natural
resources.
d. Recognizing the sovereign rights of Peru as a country of origin about biological
resources, including genetic.
e. The recognition of Peru as a center of diversification of genetic and biological resources.
f. Prevention of illegal access to genetic resources and its patenting, by certifying the legal
provenance of genetic resources and prior informed consent for any access to genetic and
biological resources and traditional knowledge of the country.
g. The inclusion of mechanisms for effective distribution of benefits for the use of genetic
and biological resources, in any plan, program, action or project related to access, commercial use
or research of natural resources or biodiversity.
h. The protection of cultural diversity and of traditional knowledge.
i. The valuation of ecosystem services that biodiversity provides.
j. Promoting the use of technologies and a greater knowledge of the cycles and processes,
in order to implement alert and prevention systems in case of emergencies.
k. The promotion of policies designed to improve land use.
l. The promotion of public and private investment in conservation and sustainable use of
fragile ecosystems.
m. The implementation of integrated plans of agricultural exploitation or watershed that
provides alternative cropping strategies and promotion of water harvesting techniques, among
others.
n. Cooperation in the conservation and sustainable use of marine biodiversity in areas
beyond the limits of national jurisdiction, pursuant International Right.
Article 98.- Of conservation of ecosystems
The conservation of ecosystems aims to preserve ecological processes and cycles, to
prevent its fragmentation processes by anthropic activities and to dictate recovery and
rehabilitation measures, giving priority to special or fragile ecosystems.
Article 99.- Of fragile ecosystems
99.1 In the exercise of their functions, public authorities take special protection measures
for fragile ecosystems, taking into account their unique features and resources, and their
relationship to particular climatic conditions and natural disasters.
99.2 Fragile ecosystems include, among others, deserts, semi-arid lands, mountains,
swamps, marshes, bays, small islands, wetlands, highland lakes, coastal hills, forests, cloud forests
and relict.
99.3 The State recognizes the importance of wetlands as habitat for flora and fauna,
especially migratory birds, their conservation priority relative to other uses.
CONCORDANCE:
S.D. N° 055-2006-AG (Provide for the categorization of the Reserved Area
Los Pantanos de Villa)
Article 100.- Of mountain ecosystems
The State protects mountain ecosystems and promotes their sustainable use. In the
exercise of their functions, public authorities take measures to:
a. Promote the use of biological diversity, territorial ordering and social organization.
b. Promote the development of ecological corridors to integrate the potential of the
different slopes of the mountains, taking advantage of the opportunities offered by the traditional
knowledge of its people.
c. Encourage research on the relation cost-benefit and economic, social and environmental
sustainability of different productive activities in mountain areas.
d. Promote educational systems adapted to the specific living conditions in the mountains.
e. Facilitate and encourage access to information and knowledge, articulating properly
traditional knowledge and technology with knowledge and modern technologies.
Article 101.- Of marine and coastal ecosystems
101.1 The State promotes conservation of marine and coastal ecosystems, such as supplier
spaces of natural resources, source of marine biodiversity and environmental services of national
importance, regional and local.
101.2 The State in respect of marine and coastal areas is responsible for:
a. Regulate territorial ordering of coastal and marine areas, as a basis for sustainable use
of these areas and their resources.
b. Promote the establishment of natural protected areas with high potential for
biodiversity and environmental services for the population.
c. Regulate the development of plans and programs aimed at preventing and protecting
marine and coastal environments, to prevent or control the negative impact generated by actions
such as discharge of effluents that affect the sea and adjacent coastal areas.
d. Regular commercial extraction of marine and coastal resources productive, considering
the control and mitigation of environmental impacts.
e. Regular proper use of the beaches, promoting their well-maintained.
f. Ensure the maintenance and dissemination of natural conditions that allow the
development of sports, recreation and ecotourism activities.
101.3 The State and the private sector promote the development of scientific and
technological research aimed at the conservation and sustainable use of marine and coastal
resources.
Article 102.- Of conservation of the species
The policy of conservation of the species implies the need to establish minimum
conditions of survival of these, the recovery of populations and the care and the entry evaluations
and dispersal of exotic species.
Article 103.- Of genetic resources
For access to genetic resources of the country must have the certificate of origin of the
material to access and recognition of the rights of the communities where traditional knowledge
was obtained according to the procedures and conditions established by the Law.
Article 104.- Of the protection of traditional knowledge
104.1 The State recognizes and protects property rights and knowledge, innovations and
traditional practices of peasant, indigenous and local communities in terms of biological diversity.
The State establishes the mechanisms for its use with the informed consent of these communities,
ensuring sharing of benefits resulting from the use.
104.2 The State establishes the necessary measures of prevention and punishment of
biopiracy.
Article 105.- Of the promotion of biotechnology
The State encourages the use of biotechnology in a manner consistent with the
conservation of biological resources, environmental protection and health of people.
Article 106.- Of conservation in situ
The State encourages the establishment and implementation of modalities of conservation
in situ of biological diversity.
Article 107.- Of the National System of Protected Natural Areas by the State
The State ensures the continuity of ecological and evolutionary processes, as well as the
history and culture of the country through the protection of areas representative of biodiversity
and other values associated with cultural, landscape and scientific interest, existing in continental
and marine spaces of the national territory, through the national System of Protected Natural
Areas by the State - SINANPE, regulated according to specific regulations.
Article 108.- Of natural areas protected by the State
108.1 Protected natural areas - ANP are continental and/or marine spaces of the national
territory, expressly recognized, established and legally protected by the State, due to their
importance for conserving biological diversity and other values associated with cultural, landscape
and scientific interest, as well as its contribution to the country's sustainable development. Public
domain and establishing with definitive character.
CONCORDANCE:
R. N° 360-2006-SUNARP-SN
108.2 Civil society has the right to participate in the identification, delineation and
protection of the ANP and the obligation to collaborate in achieving their goals, and the State
promotes its participation in the management of these areas, according to Law.
Article 109.- Of the inclusion of ANP in the SINIA
The ANP should appear in SINIA databases and other information systems that use or
disclose letters, maps and plans for scientific, technical, educational, tourist and commercial
purposes for the granting of concessions and authorizations for use and conservation of natural
resources or any other.
Article 110.- Of property rights of peasant and native communities in the ANP
The State recognizes the property rights of peasant and native communities on ancestral
lands they own within the ANP and its buffer zones. Promotes the participation of these
communities in accordance with the purposes and objectives of the ANP where they are.
Article 111.- Ex situ conservation
111.1 The State encourages the establishment and implementation of modalities of ex situ
conservation of biological diversity, such as germplasm banks, zoos, rescue centers, foster care
facilities, zoo breeding, areas of wildlife management, botanical gardens, nurseries and herbal.
111.2 The main goal of ex situ conservation is to support the survival of the species in their
natural habitat, therefore should be considered in any conservation strategy as a complement to
in situ conservation.
Article 112.- Of the landscape as a natural resource
The State promotes the sustainable use of the landscape resource by developing
educational, tourism and recreation activities.
CHAPTER 3
ENVIRONMENTAL QUALITY
Article 113.- Of environmental quality
113.1 Any natural or legal person, public or private, has a duty to help prevent, control and
recover environmental quality and its components.
113.2 Are objectives of environmental management in terms of environmental quality:
a. Preserve, conserve, enhance and restore, as appropriate, air quality, water and soil and
other components of the environment, identifying and controlling risk factors that affect.
b. Prevent, control, restrict and avoid as appropriate, activities that generate significant,
harmful or dangerous effects to the environment and its components, particularly when
threatening people's health.
c. Recover degraded or damaged areas or zones by environmental pollution.
d. Prevent, control and mitigate environmental risks and damage from the introduction,
use, commercialization and consumption of goods, products, services or species of flora and
fauna.
e. Identify and control risk factors to the quality of the environment and its components.
f. Promote the development of scientific and technology research, transfer activities of
knowledge and resources, dissemination of successful experiences and other means to improve
environmental quality.
Article 114.- Of water for human consumption
Corresponds to the State ensure the surveillance and protection of water that is used for
consumption by the population, without prejudice to the responsibilities that correspond to
individuals. In case of shortage, the State ensures the preferential use of water to supply
population needs over other uses.
Article 115.- Of noise and vibration
115.1 The sectorial authorities are responsible for regulating and controlling noise and
vibration of the activities under their control, according to the provisions of their respective Laws
of organization and functions.
115.2 Local governments are responsible for regulating and controlling noise and vibration
caused by domestic and commercial activities, as well as mobile sources, and should establish the
respective regulations on the basis of ECA.
Article 116.- Of radiations
The State, through regulatory measures, dissemination, training, control, incentives and
sanctions, protects people's health from exposure to radiation taking into account the level of
danger of the same. The use and generation of ionizing and nonionizing radiation is subject to
strict control of the competent authority may apply, depending on the case, the precautionary
principle, in accordance with the provisions in the Preliminary TITLE of this Law.
Article 117.- Of the emission control
117.1 Emissions control is done through the LMP and other environmental management
instruments established by competent authorities.
117.2 Violation of the LMP is punished according to the rules for each competent sectorial
authority.
Article 118.- Of protecting air quality
Public authorities, in exercising its functions and powers, adopt measures for the
prevention, surveillance and environmental monitoring and epidemiology, to ensure the
conservation, improvement and recovery of air quality, as appropriate, acting primarily on areas
are exceeded warning levels by the presence of contaminants, whichever contingency plans for
the prevention or mitigation of risk and harm health and the environment.
Article 119.- Of the solid waste management
119.1 The management of solid waste from domestic, commercial or being of different
origin have similar characteristics to those, are the responsibility of local governments. By Law is
established the management regime and management of municipal solid waste.
119.2 The management of solid waste other than those mentioned in the preceding
paragraph are the responsibility of the generator to its proper disposal under the supervision and
control conditions set out in current legislation.
Article 120.- Of protection of water quality
120.1 The State, through the entities listed in the Law, is responsible for protecting the
quality of water resources of the country.
120.2 The state promotes the treatment of wastewater for re-use, considering the
premise of obtaining the necessary quality for its reuse, without affecting human health, the
environment or activities that will be reused.
Article 121.- Of the dumping of sewage
The State issues based on load capacity of receiving bodies, a prior authorization for the
discharge of domestic, industrial sewage or any other activity performed by natural or legal
persons, provided that such dumping will not cause deterioration of the quality of water as the
receiving body, or affect its reuse for other purposes, in accordance with the provisions of relevant
ECA and legal rules in force.
Article 122.- Of liquid wastes treatment
122.1 Corresponds to the entities responsible for sanitation services responsibility for the
treatment of domestic liquid waste and stormwater.
122.2 Housing, Construction and Sanitation sector is responsible for surveillance and
sanction for noncompliance of LMP in domestic liquid waste, in coordination with the sectorial
authorities that exercise functions relating to the discharge of effluent into public sewer system.
122.3 The companies or entities performing extractive activities, production, marketing or
other that generate wastewater or sewage, are responsible for their treatment, to reduce their
pollution levels to levels compatible with the LMP, the ECA and other standards established in
environmental management instruments, in accordance with the provisions of legal rules in force.
The management of wastewater or sewage of industrial origin can be made directly by the
generator, through duly authorized third parties to or through the entities responsible for
sanitation services, subject the current legal framework on the subject.
CONCORDANCE:
CHAPTER 4
S.D. Nº 020-2007-PRODUCE
SCIENCE, TECHNOLOGY AND ENVIRONMENTAL EDUCATION
Article 123.- Of environmental scientific and technological research
The scientific and technological research is aimed at giving priority to protect
environmental health, optimize the sustainable use of natural resources and prevent
environmental degradation, taking into account the management of phenomena and factors that
threaten the environment; the use of biodiversity, implementation and updating of inventories of
natural resources and clean production and the determination of environmental quality indicators.
Article 124.- Of the promotion of environmental scientific and technological research
124.1 Corresponds to the State and public and private universities, in accordance with
their respective functions and roles, to promote:
a. Research and scientific and technological development in environmental matters.
b. Research and systematization of traditional technologies.
c. The generation of environmental technologies.
d. Of the building of environmental human capacity in citizenship.
e. The interest and development for research on environmental issues in childhood and
youth.
f. The transfer of clean technologies.
g. The diversification and competitiveness of fisheries, agriculture, forestry activities and
other priority economic activities.
124.2 The State, through the competent bodies of science and technology, gives
preference to the application of resources aimed at training professionals and technicians to carry
out scientific and technological studies on environment and development of clean technologies,
mainly under the pollution prevention principle.
Article 125.- Of networks and records
The agencies must have a record of research in environmental matters, which should be
available to the public, in addition it will promote the deployment of environmental networks.
Article 126.- Of communities and environmental technology
The State encourages research, recovery and transfer of knowledge and traditional
technologies, as an expression of their culture and natural resource management.
Article 127.- Of the National Policy of Environmental Education
127.1 Environmental education becomes an integral educational process that occurs
throughout the life of the individual, and seeks to build on this knowledge, attitudes, values and
practices needed to develop their activities in an environmentally sound manner, with view to
contributing to sustainable development of the country.
127.2 The Ministry of Education and the National Environmental Authority coordinate with
various State agencies for environmental and civil society to formulate national policy on
environmental education, which compliance is mandatory for education and communication
processes developed by entities that have their scope action in the national territory and that has
as guidance counselors:
a. The development of an environmental culture formed on an integrated understanding
of the environment in its multiple and complex relationships, including politics, social, cultural,
economic, scientific and technological.
b. Transversality of environmental education, considering its integration into all
expressions and everyday life situations.
c. Stimulating critical awareness of the environmental problem.
d. Incentives for citizen participation at all levels, the preservation and sustainable use of
natural resources and environment.
e. Complementarity of diverse ecological floors and natural regions in the construction of
an environmentally balanced society.
f. Promotion and encouragement of science and technology in environmental issues.
g. Fortalecimiento de la ciudadanía ambiental con pleno ejercicio, informada y
responsable, con deberes y derechos ambientales.
h. Develop environmental education programs as a basis for adaptation and incorporation
of environmental issues and concepts in a transversal way, in the formal educational programs
and no formal of different levels.
i. Report annually on actions, progress and results of environmental education programs.
Article 128.- The dissemination of the Law in the educational system
The State, through the Education Sector, in coordination with other sectors, disseminates
this Law in the educational system, expressed in activities and transverse contents oriented to the
conservation and rational use of environment and natural resources, as well as behavior and
consumption patterns appropriate to environmental national reality, regional and local.
Article 129.- Of the media
The State’s social media and private in implementing the principles contained in this Law,
promote and support actions tending to its dissemination, with a view to improving society's
environmental.
TITLE IV
RESPONSIBILITY FOR ENVIRONMENTAL DAMAGE
CHAPTER 1
FISCALIZATION AND CONTROL
Article 130.- Of the environmental fiscalization and sanctioning
130.1 The environmental fiscalization includes surveillance, control, monitoring,
verification and other similar actions, that perform the National Environmental Authority and
other competent authorities in order to ensure compliance with the rules and obligations set out
in this Law, as well as their additional rules and regulations. The competent Authority may request
information, documentation or other similar to ensure compliance of environmental rules.
130.2 Any person, natural or legal, is subject to fiscalization actions that determine the
National Environmental Authority and other competent authorities. Law Appropriate
administrative sanctions, are applied in accordance as set out in this Law.
130.3 The State promotes citizen participation in environmental fiscalization actions.
Article 131.- Of fiscalization and control environmental regime
131.1 Any person, natural or juridical, that generates significant environmental impacts is
subject to fiscalization actions and environmental control that determine the National
Environmental Authority and other competent authorities.
131.2 By Supreme Decree, countersigned by the President of the Council of Ministers
establishing the Common Regime for environmental fiscalization and control, developing the
corresponding attributions and responsibilities.
Article 132.- Of inspections
The competent environmental authority conducts the inspections they deem necessary to
fulfill its attributions under the principles established in the Law and the provisions of the regimes
for fiscalization and control.
Article 133.- Of surveillance and environmental monitoring
Environmental surveillance and monitoring are intended to generate information that can
guide the adoption of measures that ensure the fulfillment of the policy objectives and
environmental regulations. The National Environmental Authority establishes criteria for the
development of surveillance and monitoring actions.
Article 134.- Of citizen surveillance
134.1 The competent authorities issuing measures to facilitate the exercise of citizen
surveillance and the development and dissemination of complaint mechanisms against violations
of environmental regulations.
134.2 Citizen participation can take the following forms:
a. Fiscalization and visual control of pollution processes.
b. Fiscalization and control by measuring, sampling and environmental monitoring.
c. Fiscalization and control by interpretation or application of environmental studies or
assessments carried out by other institutions.
134.3 The results of the fiscalization and control actions made as a result of citizen
participation can be made known to local, regional or national environmental authorities, for the
purpose of registration and corresponding complaint. If the authority decides that the complaint
is not appropriate it should be notified, stating the cause, to whom provides the information,
without prejudice to his right to appeal to other bodies.
CONCORDANCE:
Leg.D. Nº 1013, paragraph b) of Art. 6 (General functions)
S.D. N° 028-2008-EM (Regulation of Citizen Participation in Mining
Subsector)
CHAPTER 2
RESPONSIBILITY REGIME FOR ENVIRONMENTAL DAMAGE
Article 135.- Of the sanctions regime
135.1 Failure to comply with rules of this Law is sanctioned by the competent authority
based on the Common Regime for Environmental Fiscalization and Control. Authorities may set
additional rules whenever do not oppose to the Common Regime.
135.2 In the case of regional and local governments, environmental fiscalizaton and
control regimes are approved in accordance with their respective organic Laws.
CONCORDANCE:
R. Nº 640-2007-OS-CD, Art. 21 subsection 21.6
R. Nº 233-2009-OS-CD, Art. 22, subsection 22.8 (Approved the Regulation
of Sanctioning Administrative Procedure of OSINERGMIN)
Article 136.- Of sanctions and corrective measures
136.1 The natural or legal persons who violate the provisions of this Law and in the
additional provisions and regulations on the subject, will be awarded depending on the severity of
the violation, sanctions or corrective measures.
136.2 Coercive sanctions are:
a. Warning.
b. Fine of not more than 10,000 tax units in force at the date payment is met.
c. Confiscation, temporary or permanent, of the objects, instruments, devices or
substances used in the commission of the offense.
d. Stoppage or restriction of the activity causing the violation.
e. Suspension or cancellation of permit, license, grant or other authorization, as the case.
f. Partial or total, temporarily or permanently closure, the premises or establishment
where perform the activity that generated the violation.
136.3 The imposition or payment of the fine does not exempt from compliance with the
obligation. Non-compliance continues it is punishable by a fine proportionate to that imposed in
each case, up to 100 UIT for each month that persists in the breach within the period granted by
the competent authority.
136.4 Corrective measures are:
a. Mandatory environmental training courses, which cost is borne by the offender, whose
assistance and approval is an indispensable requirement.
b. Adoption of mitigation measures of risk or harm.
c. Imposition of compensatory obligations grounded in the National, Regional, Local or
Sector Environmental Policy, as the case.
d. Adequacy processes in accordance with the environmental management instruments
proposed by the competent authority.
CONCORDANCE:
R. Nº 640-2007-OS-CD, Art. 21 Subsection21.6
Law Nº 29325, Art. 19, Subsection 19.2 (Law of the National System of
Environmental Assessment and Fiscalization)
R. Nº 233-2009-OS-CD, Art. 22, subsection 22.8 (Approved the Regulation
of Sanctioning Administrative Procedure of OSINERGMIN)
Article 137.- Of precautionary measures
137.1 Initiating the infringement procedure, the competent environmental authority, by a
decision based and with enough judgment elements, may adopt, temporarily and under its
responsibility, the precautionary measures set out in this Law or other applicable legal provisions,
if not their adoption produce irreparable environmental damage or to risk the effectiveness of the
resolution to issue.
137.2 The precautionary measures may be modified or raised during the course of the
proceedings, ex officio or at the request of a party, by virtue of circumstances arisen or could not
be considered at the time of its adoption.
137.3 The measures expire of right when a resolution terminating the proceeding is
issued; and upon expiry of the deadline for implementation or for the issuance of the resolution
terminating the proceeding.
137.4 Cannot enact measures that may cause prejudice of impossible reparation to the
managed.
Article 138.- Of the relation with other responsibility regimes
The administrative responsibility established within the relevant procedure is independent
of the civil or penal responsibility that might arise from the same facts.
Article 139.- Of the Register of Good Practices and Environmental Offenders
139.1 The National Environmental Council - CONAM, implements, within the National
System of Environmental Information, a Register of Good Practices and Environmental Offenders,
which is registered to any person natural or juridical that meets its environmental commitments
and promotes good environmental practices, as well as those who have not complied with its
environmental obligations and whose responsibility has been determined by the competent
authority.
139.2 Is considered Good Environmental Practices who exercising or having exercised any
economic or service activity, meets all environmental standards or obligations which have been
committed in its environmental management instruments.
139.3 Is considered environmental offender who exercising or having exercised any
economic or service activity, repeatedly generates environmental impacts by failure of
environmental regulations or obligations to which it has committed in its environmental
management instruments.
139.4 Any public entity must take into account, for all effect, the entries in the Register of
Good Practices and Environmental Offenders.
139.5 By Regulation, CONAM determines the registration procedure, the special
procedure which corresponds in serious cases of environmental damage or recurrence of
offending agent as well as causal requirements and procedures for the removal of the record.
Article 140.- Of the responsibility of professionals and technicians
For purposes of applying the rules of this CHAPTER, there is joint responsibility among the
holders of the activities causing the violation and the professional technicians responsible for poor
preparation or inadequate enforcement of environmental management instruments for projects,
works or activities that caused the damage.
Article 141.- Of the prohibition of double penalty
141.1 Cannot be imposed consecutively or simultaneously more than an administrative
penalty for the same act in cases of assessing the identity of the subject, act and foundation.
When the same behavior qualifies as more than one violation the sanction planned to be applied
for the offense more serious, without prejudice to their other responsibilities that Laws set out.
141.2 According to current legislation, the National Environmental Authority, settles in
case there is more than one sector or level of government applying a penalty for the same act,
pointing to the entity responsible for the implementation of the penalty. The diriment application
shall suspend the administrative procedures of corresponding penalty.
141.3 The competent authority, as the case may impose corrective measures
independently of the penalties set.
Article 142.- Of responsibility for environmental damage
142.1 One who through the use or advantage of a good or in the exercise of an activity
may cause damage to the environment, quality of life of people, to human health or equity, is
obliged to assume the costs resulting of prevention and mitigation measures of damage, as well as
on surveillance and monitoring of the activity and the prevention and mitigation measures
adopted.
142.2 Environmental damage is called all material impairment that the environment
and/or its components suffer, which can be caused in contravention or no provision of law, and
generates actual or potential negative effects.
Article 143.- Of the legitimacy to act
Any person, natural or legal is entitled to exercise the action referred to in this Law,
against those who caused or contributed to cause environmental damage in accordance as set out
in Article III of the Civil Procedure Code.
Article 144.- Of the objective responsibility
The responsibility from the use or benefit of a good environmentally risky or dangerous, or
the exercise of an environmentally hazardous or dangerous activity, is objective. This responsibility
forced to repair the damage caused by the good or risky activity, which leads to assume the costs
referred to in Article 142 above, and on those relating to fair and equitable compensation, the
recovery of the affected environment, as well as the execution of measures necessary to mitigate
the damage and prevent it from occurring again.
Article 145.- Of subjective responsibility
The responsibility in cases not considered in the previous Article is subjective. This
responsibility only obliges the agent to assume the costs derived a fair and equitable
compensation and restoration of the affected environment in case of fraud or negligence
mediation. The discharge for lack of intentional fault and corresponds to the agent.
Article 146.- Of the exonerating causes of responsibility
There will be no responsibility on the following assumptions:
a) When attended a willful act or omission of the person who had suffered a compensable
injury under this Law;
b) When damage or deterioration of the environment has its exclusive cause in an
inevitable or irresistible event; and,
c) When environmental damage or deterioration has been caused by an act or omission
not contrary to applicable regulations, that has taken place with prior consent of the injured party
and with knowledge by its part of the risk that was to suffer any consequences resulting from
harmful of this or that action or omission.
Article 147.- Of repair the damage
The repair of environmental damage is to restore the previous situation to the harmful
fact to the environment or its components, and financial compensation of the same. If not
technically or physically possible to the restoration, the judge shall provide the other tasks of
rebuilding or improving the environment or elements affected. The compensation shall be
destined for the implementation of actions to compensate the affected interests, or help meet the
constitutional objectives regarding the environment and natural resources.
Article 148.- Of guarantees
148.1 Being environmentally hazardous or dangerous activities, the competent sector
authority may require a proposal from the National Environmental Authority, a guarantee system
that meets the compensation that may arise for environmental damage.
148.2 Environmental investment commitments are guaranteed to cover the costs of
rehabilitation measures for the periods of closing, post-closure, constituting guarantees for the
competent authority, by one or more of the procedures laid down in the Financial System Law and
Insurance System and Organic Law of the Superintendence of Banking and Insurance or other
established by the Law of the matter. Completion of the rehabilitation measures, the competent
authority proceeds under the responsibility, to the release of guarantees.
Article 149.- Of the competent authority report of violations of environmental regulations
149.1 The formalization of the complaint for offenses under the Thirteenth TITLE of the
Second Book of the Criminal Code, will require the relevant sectorial bodies written grounded
opinion on whether environmental law has been infringed. The report will be evacuated within a
period not exceeding 30 days. If it is competent in the same case more than one sector entity and
any discrepancies between the opinions of these evacuees, will require deciding opinion and
ultimately the administrative support to the National Environmental Council.
149.2 The prosecutor must give merit to the reports of relevant sectorial authorities or the
National Environment Council as the case. Such reports should also have merit by the judge or the
court at the time of issue resolution.
149.3 In cases where the investor owner or holder of a productive activity has specific
programs of suitability and environmental management - PAMA, is launching such programs or
executing them, or has environmental impact assessment, can only begin the prosecution for
crimes under the TITLE XIII of Second Book of the Criminal Code if it has been violated
environmental laws by not complying with the guidelines contained in these programs or
assessments as appropriate. (*)
(*)Article replaced by Article 4 of Law N° 29263, published on October 2, 2008, which reads as
follows:
“Article 149.- Of the competent authority report of violations of environmental regulations
149.1 In criminal investigations for crimes under the Thirteenth TITLE of the Second Book
of the Penal Code requirement will be mandatory the evacuation of a substantiated report written
by environmental authorities, before the pronouncement of provincial prosecutor or prosecutor in
the preliminary investigation in the intermediate stage of criminal proceedings. The report will be
evacuated within a period not exceeding thirty (30) days from receipt of the order of the
prosecutor or the judge's preliminary investigation under responsibility. This report must be
deserved by the prosecutor or judge at the time of issuing the resolution or the corresponding
provision.
CONCORDANCE:
S.D. N° 004-2009-MINAM (Approved Regulation of subsection 149.1 of
Article 149 of Law N º 28611 - General Environmental Law)
149.2 In criminal investigations for crimes under TITLE Thirteenth Second Book of the the
Penal Code to be dismissed, the prosecutor will assess the configuration of the crime of False
Accusation, as defined in Article 402 of the Penal Code.”
CONCORDANCE:
R. Nº 043-2009-SERNANP (Approved “Guideline for issuing the report of
the environmental authority against violation of environment regulations in
Protected Natural Areas”)
Article 150.- Of the incentive regime
Constitute behaviors susceptible to be rewarded with incentives, such measures or
processes initiated by the holder of the activity are implemented and enforced in order to reduce
and/or prevent environmental pollution and degradation of natural resources, beyond what is
required by applicable law or the competent authority and responding to environmental
protection goals contained in the National, Regional, Local or Sector Policy, as appropriate.
CHAPTER 3
MEANS FOR RESOLUTION AND MANAGEMENT OF ENVIRONMENTAL CONFLICT
Article 151.- Of the means of resolution and management of conflicts
It is the duty of the State to promote knowledge and use of the means of environmental
conflicts resolution and management, such as arbitration, conciliation, mediation, agreement,
negotiation tables, facilitation, among others, promoting knowledge transfer, skills development
and skills and training for democratic and peace values. Promotes the incorporation of this subject
in school and university curricula.
Article 152.- Of arbitration and conciliation
Can be submitted to arbitration and conciliation of disputes or determined or
determinable environmental claims that deal with heritage or other rights that are freely available
by the parties. In particular, may be subject to these means the following cases:
a. Determination of amounts of compensation for environmental damage or for
committing crimes against the environment and natural resources.
b. Definition of compensatory obligations that may arise from an administrative
proceeding, whether monetary or not.
c. Controversies in the execution and implementation of contracts for access and use of
natural resources.
d. Accuracy for the case of limitations on property rights that existed before the creation
and implementation of a protected natural area of national character.
e. Conflicts among users with overlapping and incompatible rights on spaces or resources
subject to environmental ordering or zoning.
Article 153.- Of limitations to arbitration award and conciliatory agreement
153.1 The arbitration award or conciliatory agreement may not violate environmental
regulations or modify existing rules establishing LMP, or other environmental management
instruments, nor consider different ECA to the established by the competent environmental
authority. However, in their absence, apply the internationally established, provided that there is
an agreement between the parties, or in its absence as proposed by the National Environmental
Authority.
153.2 Likewise, can be established commitments of adequacy to the environmental norms
in terms mutually agreed between the parties, for which they must have the approval of the
competent environmental authority, who shall ensure that the agreement will not infringe rights
of third parties or generate serious or irreparable impairment to the environment.
Article 154.- Of arbitrators and conciliators
The National Environmental Authority shall certify the suitability of the arbitrators and
conciliators specialized in environmental issues, as well as institutions responsible for training and
updating of them.
TRANSITIONAL, COMPLEMENTARY AND FINAL PROVISIONS
FIRST.- Of the amendment of Law Nº 26834
Amend paragraph j) of Article 8 of the Law N° 26834, Law of Protected Natural Areas in the
following terms:
“j) Exercise disciplinary powers within the scope of protected natural areas, applying
sanctions of reprimand, fines, confiscation, closure or suspension, for violations to be determined
by Supreme Decree and according to the procedure approved for this purpose.”
SECOND.- Environmental Quality Standards and Maximum Permissible Limits
To the extent not establishment in the country, Environmental Quality Standards,
Maximum Permissible Limits and other standards or parameters for the control and
environmental protection, are of referential use the established by Public International Law
institutions, such as the World Health Organization (OMS).
CONCORDANCE:
D. DIRECTIVE COUNCIL N° 029-2006-CONAM-CD (Approve Schedule of
Prioritizations
for
progressive
approval
of
Environmental
Quality
Standards
and Maximum Permissible Limits)
THIRD.- Of correction to superposition of legal functions
The National Environmental Authority convened within 60 days from the publication of
this Law, to a national technical group charged with reviewing the functions and legal powers of
the national, sectorial, regional and local entities, which often generate concurrent performances
of the State, in order to propose relevant legal corrections or precisions.
FOURTH.- Of the derogations
Derogate the Legislative Decree Nº 613, the Law Nº 26631, the Law Nº 26913, the Articles
221, 222, 223, 224 and 225 of the General Mining Law, whose Ordered Single Text has been
approved by Supreme Decree Nº 014-92 - EM and paragraph a) of the First Final Provision of
Legislative Decree Nº 757.
FIFTH.- Hereby created the Register of Protected Natural Areas
The National Superintendence of Public Records shall implement within 180 calendar days
the Register of Protected Natural Areas, as well as the relevant regulations.
THEREFORE:
Having been reconsidered the Law by the Congress of the Republic, insisting on the text
approved in Plenary session held on June twenty-third, two thousand and five, in accordance with
the provisions of Article 108 of the Political Constitution of the State, ordered that be published
and enforced.
In Lima, at thirteen days, of the month of October, of the year two thousand and five.
MARCIAL AYAIPOMA ALVARADO
President of the Congress of the Republic
GILBERTO DIAZ PERALTA
Second Vice-President of the
Congress of the Republic