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  • Environmental Bulletin, Legal Update, Natural Resources - Mining

Environmental Legal Bulletin – October 2023

  • November 10,2023
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Regulation of the Fund for Life and Biodiversity.
Adoption of the water resource management plan for Pereira, Manaure, and Riecito rivers within the jurisdictions of the Cesar and La Guajira departments.
Extension of the term of duration of the protection and development zones for renewable natural resources and the environment
Formalization of the registration of some national protective forest reserves in the National Unified Registry of Protected Areas.
Official list of threatened wild species of Colombian continental and coastal marine biological diversity.
Bills.
REGULATION OF THE FUND FOR LIFE AND BIODIVERSITYDecree 1648 of October 12, 2023   Ministry of Environment and Sustainable Development
  The Fund for Life and Biodiversity is an autonomous endowment attached to the Ministry of Environment and Sustainable Development, established through a trust agreement between the Ministry and the chosen fiduciary entity. Its sources of funding consist of: (i) Resources determined by law from the General Budget of the Nation, and (ii) Resources contributed by other national public entities that are not part of the General Budget of the Nation.   The purpose of the Fund for Life and Biodiversity is to coordinate, focus, and provide financing to carry out plans, programs, and projects, both at the national and territorial levels, aimed at action and adaptation to climate change, environmental management, the promotion of environmental education and participation, as well as recovery, conservation, protection, management, use, and sustainable utilization of renewable natural resources and biological diversity.   Additionally, it is aimed at fulfilling the objectives set for both the National Carbon Tax and the resources generated in support of the nation through the implementation of the National Tradable Emissions Quotas Program (PNCTE).  
ADOPTION OF THE WATER RESOURCE MANAGEMENT PLAN FOR PEREIRA, MANAURE, AND RIECITO RIVERS WITHIN THE JURISDICTIONS OF THE CESAR AND LA GUAJIRA DEPARTMENTSResolution No. 2146 of August 25, 2023 (Official gazette October 16, 2023)   Corporación Autónoma Regional del Cesar (Corpocesar) and Corporación Autónoma Regional de la Guajira (Corpoguajira)
  In compliance with Resolution 0751 of March 9, 2018, which adopts the “Technical Guide for the Formulation of the Plan for the Management of the Continental Surface Water Resource,” and Resolution 0958 of 2018, which adopts the “National Guide for Modeling the Surface Continental Water Resource,” Corprocesar and Corpoguajira adopt the Water Resource Management Plan for Pereira, Manaure, and Riecito rivers within the jurisdictions of Cesar and La Guajira departments.   Some of the primary objectives of the plan include: (i) to conserve, protect, and sustainably manage the areas within the basin designated as SINAP, complementary conservation areas, and environmentally significant areas, ensuring the proper functioning of their ecosystem services; (ii) to respect and protect locations or elements within the basin certified as cultural assets by the Colombian Institute of Anthropology and History, (iii) to ensure the coordination of the Watershed Management and Management Plan (POMCA) with ongoing land restitution measures in the basin areas.  fulfilling the function of land restitution zones, and (iv) to design and implement management measures for the sustainable recovery of areas within the basin that will be used for multiple purposes, in accordance with their categorization in the environmental zoning.   Finally, Corprocesar and Corpoguajira will be responsible for annual monitoring and evaluation.  
EXTENSION OF THE TERM OF DURATION OF SOME PROTECTION AND DEVELOPMENT ZONES FOR RENEWABLE NATURAL RESOURCES AND THE ENVIRONMENTResolution 1109 of October 20, 2023   Ministry of Environment and Sustainable Development
  The Ministry of Environment and Sustainable Development issued the resolution that extends for a period of two years the legal effects of 11 protection and development zones for renewable natural resources and the environment, consisting of: (i) Cañón Río Lebrija, (ii) Área protegida microcuenca Río Tona, (iii) Relictos de Caoba de Jurado, (iv) Los Limones, (v) Reserva forestal protectora Jurisdicciones, (vi) PNR Almorzadero este, (vii) Bajo Cauca_Nechí, (viii) Bahía Honda Hondita, (ix) Andino Pacífica, (x) Cerro Zamaricote and (xi) Área Corozal.   Those reserve areas had been initially established by Resolutions 1814 of 2015 of this Ministry, as amended by Resolutions 2157 of 2017, 1987 of 2018, 1675 of 2019, and 1125 of 2021. Additionally, it specifies that in accordance with the provisions of Article 3 of Resolution 1814 of August 12, 2015, the National Mining Agency is prohibited from granting new mining concessions, special exploration and exploitation contracts, and any other type of contracts subject to special regimes within these protection and development zones for natural resources and the environment.  
FORMALIZATION OF THE REGISTRATION OF SOME NATIONAL PROTECTIVE FOREST RESERVES IN THE NATIONAL UNIFIED REGISTRY OF PROTECTED AREASDraft resolutions   Ministry of Environment and Sustainable Development
  The Ministry of Environment and Sustainable Development has published for public consultation the draft resolutions through which it intends to formalize the registration of the National Protective Forest Reserves i) Cuenca Alta del Caño Alonso, ii) El Malmo, iii) Páramo El Atravesado, iv) Carauta, v) Tumaradocito and León rivers and, vi) Serranía La Lindosa – Angosturas II in the National Single Register of Protected Areas (RUNAP), under the category of National Protective Forest Reserve. This includes information related to their cartographic boundaries, objectives and conservation purposes, and allowed uses. These National Protective Forest Reserves are located in the departments of Cesar, Boyacá, Cundinamarca, Antioquia, Chocó, and Guaviare, respectively.   The documents will be available for public consultation until November 11, 2023.
    
OFFICIAL LIST OF THREATENED WILD SPECIES OF COLOMBIAN CONTINENTAL AND COASTAL MARINE BIOLOGICAL DIVERSITYDraft resolution   Ministry of Environment and Sustainable Development
  The Ministry of Environment and Sustainable Development published a draft resolution for public consultation with the aim of establishing the official list of endangered species in terrestrial and coastal marine ecosystems of Colombia. This draft resolution also seeks to update the structure and functioning of the Coordinating Committee for the Classification of Threatened Wildlife Species within the national territory, which serves as a consultative and advisory body to Ministry of Environment and Sustainable Development.   Additionally, the draft resolution establishes the Coordinating Committee for the Categorization of Threatened Wildlife Species within the national territory and defines its functions.   The documents will be available for public consultation until November 16, 2023.
  • BILLS

Environmental Requirements and Procedures

SUBJECTNO.OBJECTSTATUS
Air quality072/22SThe right to health is protected by adjusting the minimum regulation on air quality regarding particulate matter, ozone, carbon dioxide, nitrogen dioxide, and sulfur dioxide, and other provisions aimed at the application of the principle of progressivity.Pending second debate
Meat traceability009/22CBy means of which laws 914 of 2004 and 1659 of 2013 are modified, the “deforestation-free meat” seal is created, and other provisions are enacted.Pending third debate report
Environmental license for cemeteries011/22CBy which the environmental license for cemeteries is created, and other provisions are enactedPending second debate
Green labeling015/22CBy means of which labeling, advertising, and any other form of marketing related to environmentally friendly product qualities, characteristics, or attributes are regulated.Pending second debate report
Fracking prohibition413/23C 114/22SBy which fracking is prohibited. The exploration and production of unconventional hydrocarbon deposits are ordered to reformulate the energy transition policy, and other provisions are enacted.Pending third debate report
Tree logging026/23SBy which tree logging in development projects in Colombia is regulated.Pending first debate report
Greenwashing101/23SBy means of which green image washing or greenwashing is regulated and sanctioned, and new provisions are added to Law 1480 of 2011.Pending first debate report
Solid waste085/23SBy means of which the framework for the comprehensive management of solid waste is established, promoting sustainable production and consumption, and driving the circular economy.Pending first debate report
Waste of durable goods021/23SBy means of which the public policy “Colombia Consume Responsable” is created to prevent the loss and waste of durable goods, and other provisions are enacted.Pending first debate report
Comprehensive management of special solid waste148/23SBy means of which guidelines for the comprehensive management of special solid waste (RSE) are established, within the framework of extended producer responsibility.Pending referral to commission
Social Sustainability208/23CBy means of which guidelines for the articulation of corporate social sustainability strategy and the achievement of the 2030 agenda from territorial entities are enacted.Pending assignment of speakers
Circular economy201/23CBy means of which the regime for the solid waste valorization market is created and regulated, promoting waste valorization within the framework of circular economy promotion, and other provisions are enacted.Pending assignment of speakers

Ecosystems and Protected Areas

SUBJECTNO.OBJECTSTATUS
RAMSAR paramos100/22SBy means of which rules are enacted for the conservation of paramos designated on the international importance list of the RAMSAR Convention and other provisions are enacted.Pending second debate
Deforestation and forest degradation145/22SBy means of which the delivery of information on deforestation and forest degradation in the country is optimized.Pending second debate report
High andean forest-paramo160/22SBy means of which the delimitation of high Andean forest-paramo transition zones in the national territory is ordered, excluding these zones from activities with significant environmental impact, and other provisions are enacted.Pending second debate report
Ranchería River171/22SBy means of which the Ranchería River, its basin, and tributaries are declared subjects of rights, and other provisions are enactedPending second debate
Caquetá River034/2023CBy means of which the Caquetá River, its basin, and tributaries are recognized as subjects of rights, and other provisions are enacted.Pending second debate
Protection of the Amazon129/22CBy means of which general environmental criteria for the protection of the Amazon are adopted, mechanisms for payment for environmental services for its planning and conservation are adopted, and other provisions are enacted.Pending second debate
Environmental interest zone – “Cenagoso de la Zapatosa” 124/22S 423/23CBy means of which the “Cenagoso de la Zapatosa” system in the departments of Cesar and Magdalena is declared an environmental, tourist, and ecological interest zone, its fishing potential is recognized, and other provisions are enacted.Pending third debate report
Biodiversity corridors041/2023CBy means of which biodiversity corridors are implemented in rural boundaries, reforestation, preservation, and recovery of associated ecosystem goods and services are promoted, and other provisions are enacted.Pending first debate
Soil protection009/2023CBy means of which measures for soil protection are established, and other provisions are enacted.Pending first debate
Coffee cultural landscape258/22CBy means of which the Coffee Cultural Landscape and its buffer zone are established as areas excluded from mega-mining, and other provisions are enacted.Pending second debate
Amazon special regime022/23C (AL)By means of which special rules for the organization, functioning, environmental, cultural, and ethnic protection of the Amazonas department are added to Article 310 of the Political Constitution of Colombia.Pending first debate report
Prohibition of oil exploitation in the Amazon002/23C (AL)By means of which Article 360 of the Political Constitution of Colombia is modified to prohibit oil exploitation in the Amazon region.Pending first debate report
Wetlands056/23SBy means of which the conservation of wetlands in the national territory is promoted, and other provisions are enacted.Pending first debate
Magdalena River038/23SBy means of which the Magdalena River, its basin, tributaries, and mouth are declared subjects of rights, and other provisions are enacted.Pending first debate report
Biodiversity loss145/23SBy means of which the mechanism to reduce biodiversity loss through sustainable use of biodiversity is established, and other provisions are enacted.Pending first debate report
Law 2nd of 1959149/23SBy means of which the forest reserve established by Law 2nd of 1959 is redefined, and other provisions are enacted.Pending first debate report
Soil recovery231/23CBy means of which measures for the recovery of soils with agricultural use potential are established, and other provisions are enacted.Pending first debate report

Citizen Participation and Communities

SUBJECTNO.OBJECTSTATUS
Community water management271/22SBy means of which mechanisms to protect the right to community water management, related environmental aspects, and a legal framework for the relationships between organized communities for water management and the state are guaranteed.Pending second debate report
Rights of indigenous people114/23SBy means of which the United Nations declaration on the Rights of Indigenous People is integrated into the Colombian legal system, and other provisions are enacted.Pending first debate report
Prior consultation014/23SBy means of which the fundamental right to prior consultation is regulated, and other provisions are enacted.Pending first debate – negative report
Ethnic responsibility certificate123/23CBy means of which the ethnic responsibility certificate for businesses is created, and other provisions are enacted.Pending first debate

Fauna y flora

SUBJECTNO.OBJECTSTATUS
Industrial fishing of cartilaginous fish017/22SBy means of which industrial fishing of cartilaginous fish, finning, and other provisions are prohibited.Pending second debate
Wildlife crossings073/22SBy means of which wildlife crossings are established as a strategy to implement actions on land roads for the prevention and mitigation of roadkill and any other type of harm or detriment to animal welfare due to road construction, and other provisions are enacted.Pending second debate
Zoos, aquariums, aviaries, and bioparks099/22SBy means of which the transformation of zoos, aquariums, aviaries, bioparks, and similar establishments into wildlife refuges is ordered, and other provisions are enacted.Pending second debate
Prohibition of cockfighting123/22SBy means of which cockfighting is prohibited, and other provisions are enacted.Pending second debate
Prohibition of animal-pulled vehicles183/22SBy means of which the use of animals for vehicle traction for tourism purposes is prohibited.Pending second debate report
Zoos, animal parks, animal exhibitions, and themed parks207/22CBy means of which zoos, animal parks, animal exhibitions, and theme parks are transformed into “conservation parks” with a conservation and scientific research component.Pending second debate
Transport of rescued or confiscated wildlife112/22C 12/23SBy means of which special conditions and requirements for the transport of rescued or confiscated wildlife are established.Pending third debate
Prohibition of bullfighting and other shows309/23S 219/23CBy means of which the development of bullfighting activities, rejoneo (bullfighting on horseback), novilladas (novice bullfights), becerradas (bullfighting with young bulls), tientas (bullfighting tests), encierros (bull runs), and vaquilla releases are prohibited throughout the national territory, as well as the procedures used in these shows, in both public and private settings.Pending third debate
Animal component in disaster risk management009/23SBy means of which Law 1523 of 2012 is modified, recognizing and including animals within the disaster risk management policy and other provisions are enacted.Pending first debate
Progressive prohibition of bullfighting activities003/23SBy means of which bullfighting shows are progressively prohibited, measures for creating economic alternatives for those who derive their livelihood from them are established, and other provisions are enacted.Withdrawn
Coexistence with animals002/23SBy means of which Law 675 of 2001 is reformed to contribute to responsible and compassionate coexistence with animals and promote community participation and social solidarity in the care and protection of animals in horizontal properties (condominiums).Pending first debate report
Companion animals006/23CBy means of which the rules regarding coexistence with domestic companion animals, special handling dogs, and the provision of services for domestic companion animals are updated.Pending first debate
Wildlife on roadways015/23SBy means of which guidelines for the formulation of the public policy for the protection of wildlife on the country’s roadways are established; provisions related to the construction of infrastructure for the preservation of animal life are established, the national registry of animals killed on Colombian roads is created, and other provisions are enacted.Pending first debate report
Substitution of sentient beings for transportation in touristic and recreational settings150/23SBy means of which the national policy for the substitution of sentient beings for transportation in touristic and recreational settings with vehicles that have no environmental impact is created.Pending assignment of speakers
Animal wellbeing144/23SBy means of which regional animal welfare centers are created, guidelines for their adaptation, operation, and functioning are formulated, and other provisions are enactedPending first debate

Other environmental topics

SUBJECTNO.OBJECTSTATUS
Environmental sanctioning procedure116/22CBy means of which the environmental sanctioning procedure established in Law 1333 of 2009 is modified with the purpose of providing effective tools for the prevention and punishment of offenders and other provisions are enacted.Pending second debate
Climate change education290/22C 344/23SBy means of which the course on risk management and climate change is established in Colombia, and other provisions are enactedPending third debate report
Green jobs023/22SBy means of which the generation of green jobs is incentivized, and other provisions are enacted.Pending second debate
Reduction of vehicle emissions107/22SBy means of which the protection of the rights to health and a healthy environment is established, generating measures for the reduction of pollutant vehicle emissions from gasoline, and other provisions are enacted.Pending second debate
Sustainable livestock farming248/22SBy means of which sustainable livestock farming is promoted in Colombia, and other provisions are enacted.Pending second debate
Naturism008/23CBy means of which the framework law of naturism is enacted to promote research, dissemination, use, transformation, conditioning, and access to the properties of natural resources and categories facilitating their management and use are established.Pending first debate report
Green roofs and terraces025/23SBy means of which the implementation of green roofs or terraces is promoted, and other provisions are enacted.Pending first debate
Regional autonomous corporations013/23SBy means of which Law 99 of 1993 is modified and other provisions are enacted regarding the functioning, number, governance, and transparency of regional autonomous corporation.Pending first debate report
Regional autonomous corporations235/23CBy means of which the shareholding participation of regional autonomous corporations (CAR) in public utility companies is prohibited.Pending first debate report
Botanical gardens202/23CBy means of which botanical gardens at the departmental level are created and formalized.Pending first debate report

Author: Natalia Soto I nsoto@lloredacamacho.com I Natural Resources

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