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life, passion and death of ACMs

There is currently no legal basis for the establishment of Protected Areas, provincial, district or even not considered within the National Protected Areas System Protected by the State (SINANPE) but the fact is that they exist and currently more than 75 areas have already been established around the country and the number continues to rise.

Many of these protected areas have been established by the will of the authority and local people looking to preserve headers Basin to ensure water services such as tourism and recreation opportunities, protection and conservation of biodiversity etc. Although there say they have sometimes been used as political platforms to address private investment often without a real technical support.

is for this latter fact has been a series of comings and goings in legal matters to these areas because they were considered dangerous by the business sector because it could limit the rights of land use primarily extractive activities if the municipalities throughout the country created the figure of a protected area.

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The first legal references on these areas is given in 1990 with the Code of Environment and Natural Resources (Legislative Decree 613) specifically in the Article 56 degrees, which mentions that the protected areas could be national, regional or local level according to the established government. That is, giving municipalities the power to establish protected areas in their areas of jurisdiction alone was enough to issue a municipal ordinance.

quickly the following year in 1991, this article was repealed by Legislative Decree 757, Law for the Growth of Public Investment which by Article 54 proposes that protected area could only be granted by Supreme Decree, which can only issue the executive. Through this standard the municipalities no longer had the power to establish protected areas.

SINANPE Plan or Strategy Director of the National Protected Areas adopted in 1999 refers to revisit these areas called "Municipal Conservation Areas (MCA)" recommending its incorporation into SINANPE and including with the Regional Conservation Areas (RTAs) as additional areas to areas national.

Regulation of the Natural Protected Areas Law issued in 2001 tried to regulate and that many municipalities began to establish right and left these areas. The regulation only wanted to make a record of the ACM who met certain technical criteria (to be legally protected areas and wildlife conservation purposes and also to have a management plan) because some of these areas were created on urban areas. But this record did not succeed because the Protected Natural Areas Act issued in 1997 did not include the ACM as part of SINANPE thus could not regulate something that did not exist in the law

in 2003 with the enactment of the Organic Law Municipalities , Law 27972 was competition to municipalotes of "proposing" the establishment of Environmental Conservation Area. This rule of ACM name change proposal in the Master Plan only gives power to the municipality but not proposing to establish or create these areas, it is said no level of government to submit the requested facility.

As with the Regulation of Natural Areas Law, in 2006 questioned the legality of Resolution Quartermaster of the then National Institute of Natural Resources (INRENA) to propose guidelines for establishing and managing ACM, as we again could not rule on something that does not exist in the law

In 2007, under all these legal inconsistencies Supreme Decree 015 - 2007-AG states that ACM are not protected natural areas or are part of SINANPE by excluding all relations with national authority in this matter.

Following this rule has been drafted legislation to completely design a legal regime for the ACM. The proposal that has thrived, fueled by Congresswoman Fabiola Morales , is about to be debated in the House of Congress, and has resulted in participatory work between public and private organizations through public hearings and even has managed to establish a network, the Network of Regional Conservation Areas and Local ( renacales ). Something rises from ashes?

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Sources:

Solano, P. 2005. The hope is green. SPDA.

Solano, P. and B. Monteferri. 2009. Conservation Areas and Conservation Areas Regional Council. Proposal for consolidation. SPDA.