Rules for the Drafting of Master Plans for Natural Protected Areas
Supreme Decree Nº 008-2009-MINAM, published on April 24 2009, established the Regulations for the Drafting of the Natural Protected Area’s Master Plan.
The main aspects of the above mentioned Supreme Decree are related to the approval and elaboration process of the Master Plans, establishing that such duty corresponds to the National Service of Natural Protected Areas – SERNANP – ; whereas in case of the Regional Conservation Areas, the Regional Government will be in charge but always with the previous favourable opinion of SERNANP.
In addition, the Supreme Decree establishes the minimum content and the Zoning definition to be considered in the Master Plans, as well as the criteria to be followed when establishing Buffer Zones.
Regarding the Zoning, the most important feature is related to the preparation process of the Master Plans were the rights acquired previously to the establishment of a Natural Protected Area must be respected. Moreover, no Strict Protection Zone or Wild Zones can be established on private property lands or/and in lands with acquired or pre-existing rights according with the specific Public Sector’s regulation, except with the written acceptance of the holder of such previous right.
Final Comment:
These regulations provide better guarantees to the rights previously acquired within the Natural Protected Areas, regulating the preparation and approval process of the Master Plans. The purpose of these regulations is to prevent that in case of the absence of a Master Plan, the rights of the diverse title holders cannot be suspended due to an eventual incompatibility between the exploitation activities and the creation of a Natural Protected Area, as it happened with the Constitutional Court decision on the Regional Conservation Area “Cordillera Escalera”.
For further information on the topic, do not hesitate in contact the attorneys of our Environmental Area:
Alberto Varillas avarillas@garciasayan.com.pe
Africa Morante amorante@garciasayan.com.pe
Diego Grisolle dgrisolle@garciasayan.com.pe
