LAW 1333 : Environment Law

PROTECTED ZONES

Article 60.- The protected zones are natural zones with or without human intervention . They have been declared under State protection by Law regulatins, in order to protect and to conserve the  wild flora and fauna, genetic resources, natural ecosystems, hydrografic basins and values for the scientific interest, aesthetics, historic and social, in order to conservate and preservate the bolivian natural and cultural patrimony.

Article  61.- The protected zones are Bolivian State Patrimony and the public and social interest, in this way must be managed after its categories, zonification and regulation,  following the management plans, in order to protect and to conservate the natural resources, scientific research, thus to  enjoying, education and  promotion for the ecologic tourism.

WILD FLORA AND FAUNA

Article 52.-The State and the society must veil to protect, to conservate, to restore the wild fauna and flora, even aquatic as land, because they are State patrimony, specially the endemic species of  restricted distribution, menaced and in extintion danger way.

FORESTS AND FOREST LAND

Article 46.- The natural forest and forest land are original State domain, its management and use must be sustainable. The autority established by an Special Law, coordinate his work with department organismes. The autority regulates the integral management and the sustainable forest resources use in order to conservate, to produce, to industrialize and trade, to preserve natural resources which constitutes the natural resources of its ecosystem and general environment.

Article 49.- The forest industry must be oriented to favor the national interests giving power to the capacity to transform, trade and appropiate use of forest resources, increase the added value of used species, diversify the production and guarantee  the sustainable use of that resources.

Articicle 50.- The wood enterprises must be restore the extracted wood material from natural forest, by industrial forestation programs, thus by  management plan obligations execution. For the industrial forestation programs, in other  places , different to the original extracted resource place. The State will give the needed incentives.

AIR AND ATMOSPHERE

Article 40.- The State and the society must mantain  the atmosphere in conditions to exist life and its optimum and healthy  development.

SOIL RESOURCE

Article 43.- The soil use for cattle and agriculture activities must be do keeping its productive capacity. In this order mus be apply management technics to avoid either the lost or degradation of resources, because it is necessary to conservate and restore them.

The people and the public or private enterprises , which make activites on soil use changing its productive capacity, they are obliged to accomplish the conservation and recuperation norms and practices.

WATER RESOURCES

Article 36.-  All water estates are native State domain and they are the basic natural resource for all vital process. Its use has relation and impact on  all sectores linked to development, in this way is important to protect and to conservate the water resources as State and Societe main task.

RENEWABLE NATURAL RESOURCES

Article 32.- The State and the society must preserve, conservate, restore and promote the renewable natural resources use, in the way that the biotic resources, flora and fauna and the abiotic resources like the water, air and soil, with its own dynamic can restore on the time.

NON RENEWABLE NATURAL RESOURCES

Article 68.- The non renewable natural resources, which belong to State, any origen of its location, are in either sub-soil or soil.

MINERAL RESOURCES

Article 70.-  The mineral resource explotation must develop the integral use of raw materials, waste treatment,  secure disposition of queues, rewashed, removes, energy eficient use and rational use of locations.

Article 71.- The mine extract operations,  while and after all activity is finished, must restore the used zones, in order to reduce and control the erosion, stabilize the terrains and protect water, stream and thermal.

ENERGY RESOURCES

Article 73.-  The energy resources ara essentia factors to country sustainable development, in this order it must use eficiently, under environment protection and conservation regulation.

The hydrocarbon activities, made by YPFB  and other enterprises,  in all steeps, must complete the rules of pollution prevention and control,  deforestation, erosion and sedimentation, thus to protect the  wild flora and fauna,  natural landscape and protected zones.

In this way, the contingency plans must be accomplish in order to avoid hydrocarbon spill and other pollutant products.

POPULATION AND ENVIRONMENT

Article 75.-  The national policy will complete an appropriate migration policy according to territorial order and to protect and conservate objectives of environment and natural resources.

ENVIRONMENT EDUCATION

Article 82.- The Education and Culture Ministry will put the environment with interdiscipline approach  and compulsory effects into the  all plans and programs  in the educative systems levels, cycles and modes, also in the teacher technical institutes, training and updating according to the culture diversity and the country conservation needs.

CITIZENSHIP PARTICIPATION

Article 92.-  All natural or collective person has right to participate in environment management under this LAW and he must intervene actively in the community to environment defense and / or environment conservation, even to use the right gave by this LAW.

Article 93.-  All person has right to be informed truthfully, appropriately and sufficiently about related afairs to environment protection, even to make appeals and to promote the individual and collective initiatives, in front of autorities related to protection thema.

ENVIRONMENT CRIMES

Article 105.- Commit an environment crime  who does accomplish the parenthesis 2) and 7)  ofl Art. 16 in Penal Codel. Exactly when a person: 

a)  Either  Poisons, or  pollutes, or adulterates the water ready to public consumption , to industrial and cattle or agriculture or fishculture activities,above the allowed limits in the respective regulation. 

b)  Either break animal sanity or extend  epizootias and vegetal plagues.

It will apply penalty like as the imprisonment from 1 to 10 years.

BOLIVIA STATE POLITICS CONSTITUTION

Article 1.-  Bolivia, free,  independent,  sovereign, multi-ethnic and pluri-cultural, placed like Republic and Unitary, takes democratic representation to govern, founded into the union and solidarity between bolivians.

Article 2.-  The sovereignty is in the people; it is inalienable and imprescriptible; its execution is given to Legislative, Executive and Juditial Powers.  The powers independency and coordination ara government base.  The public power fonctions are: legislative,  executive and  juditial, they can not be joined in one same organ.. 

THE PERSON AS BOLIVIAN STATE MEMBER

Article 6.- All human has personality and legal capacity, according the laws. He enjoys the rights, freedom and guarantees recognized by the Constitution, without difference of  race, sex, language,  religion, politics opinion ur other opinion,  origen, economic and social  condition, or other one.

The person  dignity and freedoms are inviolables.The State is obliged to respect and protect them.

AGRARIAN AND  PEASANT REGIMEN

Article 165.-  The lands are native domain of the Nation and  the State has power of distribution,  regroupe and redistribution of agrarian ownership according to the social - economic needs and the rural development.

Article 166.- The work is the main source of adquisition and conservation of agrarian ownership, and it is established the peasant right for land endowment.

Article 167.- The State does not recognize the big ownership. It is guaranted the community ownership, cooperatives ownership and  private ownership.The LAW will set its form and will regulate its transformations.