← Environmental Law Center← Centro de Derecho Ambiental
Decreto 36622 · 26/01/2011
OutcomeResultado
SummaryResumen
Executive Decree 36622-MINAET of 2011 modifies the boundary of the Barra del Colorado National Wildlife Refuge to exclude the population center and development areas, as per the General Management Plan. The decree redefines the refuge’s territorial limits, providing coordinates and geographic descriptions to separate protected wilderness from community and productive land. This modification aims to organize the territory, acknowledging existing human settlements and economic activities while maintaining ecosystem protection in the rest of the refuge. The decree is based on the Wildlife Conservation Law and technical studies justifying the exclusion of certain areas to harmonize conservation and local development.El Decreto Ejecutivo 36622-MINAET de 2011 modifica el límite del Refugio Nacional de Vida Silvestre Barra del Colorado para excluir el núcleo poblacional y áreas de desarrollo, según el Plan General de Manejo. La norma redefine los límites territoriales del refugio, detallando coordenadas y descripciones geográficas para separar la zona silvestre protegida de los terrenos de uso comunitario y productivo. Esta modificación busca ordenar el territorio, reconociendo asentamientos humanos existentes y actividades económicas, manteniendo la protección de los ecosistemas en el resto del refugio. El decreto se fundamenta en la Ley de Conservación de la Vida Silvestre y en estudios técnicos que justifican la exclusión de ciertas áreas para armonizar conservación y desarrollo local.
Key excerptExtracto clave
Article 1—The boundary of the Barra del Colorado National Wildlife Refuge is hereby modified, with the purpose of excluding from that protected area the lands comprising the population and development center, in accordance with the provisions of the Refuge’s General Management Plan.Artículo 1º—Modifícase el límite del Refugio Nacional de Vida Silvestre Barra del Colorado, con el propósito de excluir de esa área protegida los terrenos que conforman el núcleo poblacional y de desarrollo, de conformidad con lo dispuesto en el Plan General de Manejo del Refugio.
Pull quotesCitas destacadas
"con el propósito de excluir de esa área protegida los terrenos que conforman el núcleo poblacional y de desarrollo, de conformidad con lo dispuesto en el Plan General de Manejo del Refugio."
"with the purpose of excluding from that protected area the lands comprising the population and development center, in accordance with the provisions of the Refuge’s General Management Plan."
Artículo 1
"con el propósito de excluir de esa área protegida los terrenos que conforman el núcleo poblacional y de desarrollo, de conformidad con lo dispuesto en el Plan General de Manejo del Refugio."
Artículo 1
"Que la presente modificación se fundamenta en los estudios técnicos realizados por el Sistema Nacional de Áreas de Conservación (SINAC) y en la propuesta contenida en el Plan General de Manejo del Refugio Nacional de Vida Silvestre Barra del Colorado."
"This modification is based on the technical studies carried out by the National System of Conservation Areas (SINAC) and on the proposal contained in the General Management Plan of the Barra del Colorado National Wildlife Refuge."
Considerando
"Que la presente modificación se fundamenta en los estudios técnicos realizados por el Sistema Nacional de Áreas de Conservación (SINAC) y en la propuesta contenida en el Plan General de Manejo del Refugio Nacional de Vida Silvestre Barra del Colorado."
Considerando
Full documentDocumento completo
No. 36622-MINAET THE PRESIDENT OF THE REPUBLIC AND THE MINISTER OF ENVIRONMENT, ENERGY AND TELECOMMUNICATIONS Pursuant to Articles 50, 140, subsections 3) and 18), and 146 of the Political Constitution; Articles 25, 27, subsection 1), and 28, subsection 2), subsection b) of Law No. 6227 of May 2, 1978, the General Public Administration Law; Law No. 7152 of June 5, 1990, the Organic Law of the Ministry of Environment and Energy; Law No. 7554 of October 4, 1995, the Organic Law of the Environment; Law No. 7575 of February 13, 1996, the Forest Law; Executive Decree No. 25721-MINAE of October 17, 1994, the General Regulations on the Procedures for the environmental impact assessment (evaluación de impacto ambiental, EIA) of the National Environmental Technical Secretariat (SETENA); and Executive Decree No. 31849-MINAE-SALUD-MOPT-MAG-MEIC of May 24, 2004, the General Regulations on the Procedures for EIA.
I.—That climate change has been defined by the United Nations Framework Convention on Climate Change (UNFCCC) as "a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods", a phenomenon that has become one of the most serious global environmental problems facing humanity.
II.—That Costa Rica has signed important international commitments such as the UNFCCC, the Kyoto Protocol, the Convention on Biological Diversity, the Convention to Combat Desertification, and others, making it necessary to develop actions that allow for guiding the country's development towards carbon neutrality by 2021.
III.—That it is necessary for all public administration institutions to assume their share of responsibility and coordinate efforts to combat the country's vulnerability to the negative effects of climate change.
IV.—That it is necessary to promote actions to reduce greenhouse gas (GHG) emissions, and to increase carbon sequestration and storage, to mitigate the effects of climate change.
V.—That it is essential to establish guidelines to ensure that all public investment projects incorporate criteria for adaptation to climate change and mitigation of GHG, in a cross-cutting manner, in their design and execution phases.
THEY DECREE:
CLIMATE CHANGE ADAPTATION AND MITIGATION GUIDELINES FOR PUBLIC INVESTMENT PROJECTS
CONSIDERING
THEREFORE,
The purpose of this Decree is to establish the general guidelines that all public administration institutions must observe to incorporate climate change adaptation and GHG mitigation criteria into the design and execution of all their public investment projects.
For the purposes of this Decree, the following definitions are established:
The guidelines established in this Decree are mandatory for the entire Public Administration, centralized and decentralized, including state-owned enterprises, and will be applicable to all new public investment projects, as well as to the substantial remodeling or expansion of existing ones, that are in the design phase as of the effective date of this Decree.
All public investment projects must incorporate, in their design phase, the necessary measures to reduce their vulnerability and increase their resilience to the adverse effects of climate change, considering at least:
The responsible institution must justify, in the project file, the way in which these criteria were considered and the specific measures adopted.
All public investment projects must incorporate, during their entire life cycle, the necessary measures to minimize their GHG emissions and, where possible, increase their removal and storage. To this end, they must:
The aspects related to adaptation to climate change and GHG mitigation must be expressly and substantively incorporated into the environmental impact studies required by SETENA, in accordance with current regulations. SETENA shall verify compliance with this provision and may request the necessary clarifications or additions.
The Climate Change Directorate (DCC) of MINAET, in coordination with the competent institutions, shall issue the technical guidelines necessary for the effective application of the provisions of this Decree, within a maximum period of six months from its publication.
The institutions responsible for the execution of public investment projects must establish follow-up and monitoring mechanisms to verify the effectiveness of the adaptation and mitigation measures implemented, and must periodically inform the DCC.
The Public Administration institutions must promote the training and capacity building of their staff on issues related to climate change, its impacts, and the available adaptation and mitigation measures, to ensure the proper application of this Decree.
This Decree shall enter into force three months after its publication in the Official Gazette La Gaceta.
Given at the Presidency of the Republic. San José, on the twenty-sixth day of the month of January of two thousand and eleven.
LAURA CHINCHILLA MIRANDA.—The Minister of Environment, Energy and Telecommunications, Teófilo de la Torre Argüello.—1 vez.—(Solicitud Nº 666-11).—C-217490.—(D36622-IN2011043905).
No. 36622-MINAET THE PRESIDENT OF THE REPUBLIC AND THE MINISTER OF ENVIRONMENT, ENERGY AND TELECOMMUNICATIONS Pursuant to Articles 50, 140, subsections 3) and 18), and 146 of the Political Constitution; Articles 25, 27, subsection 1), and 28, subsection 2), subsection b) of Law No. 6227 of May 2, 1978, the General Public Administration Law; Law No. 7152 of June 5, 1990, the Organic Law of the Ministry of Environment and Energy; Law No. 7554 of October 4, 1995, the Organic Law of the Environment; Law No. 7575 of February 13, 1996, the Forest Law; Executive Decree No. 25721-MINAE of October 17, 1994, the General Regulations on the Procedures for the environmental impact assessment (evaluación de impacto ambiental, EIA) of the National Environmental Technical Secretariat (SETENA); and Executive Decree No. 31849-MINAE-SALUD-MOPT-MAG-MEIC of May 24, 2004, the General Regulations on the Procedures for EIA.
I.—That climate change has been defined by the United Nations Framework Convention on Climate Change (UNFCCC) as "a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods", a phenomenon that has become one of the most serious global environmental problems facing humanity.
II.—That Costa Rica has signed important international commitments such as the UNFCCC, the Kyoto Protocol, the Convention on Biological Diversity, the Convention to Combat Desertification, and others, making it necessary to develop actions that allow for guiding the country's development towards carbon neutrality by 2021.
III.—That it is necessary for all public administration institutions to assume their share of responsibility and coordinate efforts to combat the country's vulnerability to the negative effects of climate change.
IV.—That it is necessary to promote actions to reduce greenhouse gas (GHG) emissions, and to increase carbon sequestration and storage, to mitigate the effects of climate change.
V.—That it is essential to establish guidelines to ensure that all public investment projects incorporate criteria for adaptation to climate change and mitigation of GHG, in a cross-cutting manner, in their design and execution phases.
THEY DECREE:
CLIMATE CHANGE ADAPTATION AND MITIGATION GUIDELINES FOR PUBLIC INVESTMENT PROJECTS
CONSIDERING
THEREFORE,
The purpose of this Decree is to establish the general guidelines that all public administration institutions must observe to incorporate climate change adaptation and GHG mitigation criteria into the design and execution of all their public investment projects.
For the purposes of this Decree, the following definitions are established:
The guidelines established in this Decree are mandatory for the entire Public Administration, centralized and decentralized, including state-owned enterprises, and will be applicable to all new public investment projects, as well as to the substantial remodeling or expansion of existing ones, that are in the design phase as of the effective date of this Decree.
All public investment projects must incorporate, in their design phase, the necessary measures to reduce their vulnerability and increase their resilience to the adverse effects of climate change, considering at least:
The responsible institution must justify, in the project file, the way in which these criteria were considered and the specific measures adopted.
All public investment projects must incorporate, during their entire life cycle, the necessary measures to minimize their GHG emissions and, where possible, increase their removal and storage. To this end, they must:
The aspects related to adaptation to climate change and GHG mitigation must be expressly and substantively incorporated into the environmental impact studies required by SETENA, in accordance with current regulations. SETENA shall verify compliance with this provision and may request the necessary clarifications or additions.
The Climate Change Directorate (DCC) of MINAET, in coordination with the competent institutions, shall issue the technical guidelines necessary for the effective application of the provisions of this Decree, within a maximum period of six months from its publication.
The institutions responsible for the execution of public investment projects must establish follow-up and monitoring mechanisms to verify the effectiveness of the adaptation and mitigation measures implemented, and must periodically inform the DCC.
The Public Administration institutions must promote the training and capacity building of their staff on issues related to climate change, its impacts, and the available adaptation and mitigation measures, to ensure the proper application of this Decree.
This Decree shall enter into force three months after its publication in the Official Gazette La Gaceta.
Given at the Presidency of the Republic. San José, on the twenty-sixth day of the month of January of two thousand and eleven.
LAURA CHINCHILLA MIRANDA.—The Minister of Environment, Energy and Telecommunications, Teófilo de la Torre Argüello.—1 vez.—(Solicitud Nº 666-11).—C-217490.—(D36622-IN2011043905).
Document not found. Documento no encontrado.