Annex F: Biodiversity Values Table 1: Protected Area Categories In the Cuban Protected Areas System




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Annex J: Sectoral Policies and legisaltion and their Effect on SNAP Development




Table 1: Fundamental Legal Regulations Dealing with Natural Resource Management That Relate to the Project




Law

Provision


Law 76, Law on Mines

Created the mining authority - National Office of Mineral Resources (MINBAS charged with the regulation and control of mining, the rational use of mineral resources, and controlling the implementation of plans to preserve the Environment and the measures to mitigate environmental impacts. The law compels mining concessionaires to carry out EIA and develop contingency plans as well as plans to prevent, mitigate, control, rehabilitate and compensate for impacts resulting from the mining industry.

Law 77, on Foreign Investment

Compels foreign investors to meet the environmental provisions established by the national legislation.

Law 81, of the Environment

Establishes the principles of the environmental policy and regulations for environmental management. It appoints CITMA as the body of the State Central Administration in charge of proposing the environmental policy and directing its implementation. Functions include: (i) approving, proposing, assessing and enforcing the fulfilment of the regulations established for environment protection; (ii) Conciliating discrepancies among bodies, organs and other entities as regards natural resource protection and use; (iii) Directing and controlling those activities relating to protected areas

Law 85, Forest Law

Defines the forest heritage and sets up the Institutional Framework, designating MINAGRI responsible -- through its State Forest Service (SEF) – for directing and implementing, forest policy. It establishes forest classification, delimiting the activities that will be applicable to each of them, specifying that, in the case of forests located in protected areas, these activities should comply with management plans.

Decree-Law 200, on the System of Forest Violations Regarding the Environment

Establishes the applicable violations regarding the environment. It defines the violations concerning the National System of Protected Areas and Biodiversity

Decree-Law 201, on the National System of Protected Areas

Sets up the system of protected area categories, defines the management plan, which is inserted within the territorial demarcation, as the steering tool of the area.

Decree-Law 212, on the Coastal Zone

Establishes provisions to delimit protection and sustainable use of the coastal zone and its protection zone; it subordinates the use of the coastal zone of protected areas that which is established in the Management Plan for the area.

Decree-Law 222/97, Rules for the Law on Mines

Establishes a compulsory conciliation process with CITMA to carry out mining activities and compels mining concessionaires to carry out EIA and contingency plans as well as plans to prevent, mitigate, control, rehabilitate and compensate for those impacts resulting from the mining activity. It sets up mandatory obligation to creating financial reserves of no less than 5% of the lump sum of the mining investment in order to mitigate, control, rehabilitate and compensate for those impacts resulting from the mining activity

Agreement No. 318 of the Executive Committee of the Council of Ministers (CECM)

Creates the Ministry of Agriculture and establishes, amongst others, its responsibilities for directing, implementing and controlling of State and Government’s policy regarding (i) Use and conservation of soils and ownership and possession of forest, livestock and agricultural lands .(ii) Guarantee conservation, management, rational use and sustainable development of those resources from the forest heritage and of wild flora and fauna

Provision 330/99 of MINAG, Rules for the Forest Law

Establishes the proceedings to categorise forests or change their category, which must be done with CITMA´s participation. The definition of the institutional level at which CITMA should participate in this process, still needs to be defined so as to guarantee adequate representation of SNAP´s interests, either through a CITMA´s guideline or a CNAP-State Forest Service co-operation agreement

Provision CITMA 77/99, Rules on the Process of Environmental Impact Assessment

Sets up those activities requiring EIA, e.g. soil use changes and those requiring an environmental license, e.g. forest, livestock and agricultural activities. These guidelines should be modified to include CNAP as an obligatory-consultation body regarding activities to be carried out in protected areas.
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