Machine Translated by Google Nº35368-MAG-S-MINAE(*) (*)(Their name is thus modified by Article 11 of the Law "Transfer of the Telecommunications Sector of the Ministry of Environment, Energy and Telecommunications to the Ministry of Science and Technology, No. 9046 of June 25, 2012) THE PRESIDENT OF THE REPUBLIC AND THE MINISTERS OF AGRICULTURE AND LIVESTOCK, HEALTH, ENVIRONMENT AND ENERGY(*) (*)(Their name is thus modified by Article 11 of the Law "Transfer of the Telecommunications Sector of the Ministry of Environment, Energy and Telecommunications to the Ministry of Science and Technology, No. 9046 of June 25, 2012) Enusodelasfacultadesquelesconfierenlosartículos140inciso3,18,50y146delaConstituciónPolítica;artículos27inciso1y28inciso2.bdelaLeyGeneraldela Considering: I.- In accordance with the legal and regulatory powers granted to the Ministry of Agriculture and Livestock (MAG), this institution is responsible for governing the Agricultural Sector, granting permits for controlled agricultural operations, as well as supervising and monitoring compliance with the required conditions. II.-QuelasaluddelapoblaciónesunbiendeinteréspublicoteladoporelEstado. III.- That every person, natural or juridical, that subjects the mandates of the Law General de Salud, of its Regulations and of the general and particular, ordinary and emergency orders, that the authorities of the Salud dictate the exercise of its competences. IV.- Which corresponds to the Ministry of Environment and Energy (MINAE)(*) dictated by the Decree Executive, the rules and regulations relating to the rational use and protection of natural resources. Machine Translated by Google (*)(Their name is thus modified by article 11 of the Law "Transfer of the Telecommunications sector of the Ministry of Environment, Energy and Telecommunications to the Ministry of Science and Technology, No. 9046 of June 25, 2012) V.-That to achieve a high level of public health protection and the environment to demand compliance with the regulations related to these materials. Therefore; DECREE: Regulations for Controlled Agricultural Burning CHAPTER I Generalities Article 1-Objective. The purpose of this Regulation is to regulate the process for granting permits for controlled agricultural burning, their scope, as well as to establish the prevention measures that must be followed when executing this practice. Article 2-Scope of application. These regulatory provisions shall be applied throughout the national territory and refer to the procedures that must be carried out by natural or legal persons who intend to obtain the Controlled Burning Permit for agricultural land. Article 3-Definitions. For the purposes of these Regulations, it shall be understood as: - Fire: Esaquelfuegoque, naturaloartificialmente, sinprevisiónniplanprevioydemanera uncontrolled, affects forests, forest land, agricultural land or land used for livestock in the country. Machine Translated by Google - Land cleaning: Practice that eliminates materials of vegetable origin and growth in elsitio that limits the agricultural field of land. - Permisodequema: AutorizaciónescritaotorgadaporelMinisteriodeAgriculturayGanadería to carry out a controlled agricultural operation. - Burn Plan: Set of agricultural practices, aimed at guaranteeing effective control of fire and minimize its negative impacts on the environment and human health. -Rondacortafuego:Áreaquemidedeancho,laalturadelmaterialquesepretendequemary queestarádesprovistadematerialpotencialmentecombustible. - Controlled burning: Fire intentionally caused to plant material, under a pre- established plan, in which all preventive measures are increased to mitigate damage to natural resources and adjacent properties, which is carried out for phytosanitary purposes, facilitating harvests or cleaning the land. - Agricultural land: Capacity land will be considered for the development of agricultural productive activities defined according to the second classes of capacity established by the Methodology for the determination of the capacity of the use of the lands of Costa Rica, Decree No. 23214 of April 13, 1994. - MAG: Ministry of Agriculture and Livestock. - SINAC: National System of Conservation Areas. CHAPTER II Permisosdequemacontroladayrequisitos Article 4-Burning permit. To carry out controlled burning on agricultural land, it is necessary to have written authorization granted by the competent local or regional agency of the Ministry of Agriculture and Livestock - MAG. Machine Translated by Google Article 5-Application for the permit. The request for the burning permit will be managed by: a) The interested party or agent in person. In the event that it is carried out through the agent, the provisions of article 1256 of the Civil Code must be followed, therefore the demand document authenticated by a Lawyer must be presented. b) In the case of legal entities, the application shall be signed by their legal representative. The very general and general attorneys-in-fact must provide the notarial registry certification of the power of attorney, no more than three months old. c) It is made available to the agro-industrial companies responsible for processing the corresponding agricultural raw materials, so that they can jointly manage the permissions of those independent producers. For such purposes, the producer must subscribe in favor of the association of producers or the agro-industrial company, a written authorization, duly authenticated. The producers' association or the agro-industrial company shall be empowered to complete and sign, in the name and on behalf of the independent producers, the Agricultural Burning Permit Request form (Annex 1), as well as the form, Burning Plan (Annex 2). The independent producers will be responsible for ensuring the correct execution of the controlled burning in the authorized sites, abiding by the provisions of these regulations and the precautionary measures contemplated in the Resolution that grants the burning permit; they must also assume the responsibility that is attributable to them in the event of causing damages and harmful third parties. Article 6-Requirements. To process the permit, the interested party must complete the official form (Annex 1), which will be available at the offices of the Ministry of Agriculture and Livestock. Machine Translated by Google In some circumstances, if these forms are not available, the application may be submitted on letter-size paper. In accordance with the provisions of the Law for the Protection of Citizens from Excess Administrative Requirements and Procedures Law No. 8220 of March 4, 2002, interested parties may refer to the information already contained in the respective file. Article 7-Validity. The burning permit will be valid for 90 to 180 calendar days, according to the technical criteria of the MAG official, considering factors such as the type of crop, harvest times and other elements of the activity. Article 8-Plandequema. The applicant must submit a burning plan (Annex 2) that accompanies the form. Article 9º- Application process. When the indicated requirements are presented incompletely or defectively, the Ministry of Agriculture and Livestock will make the respective prevention to the interested party, as established by the General Law of Public Administration. Machine Translated by Google Article 10.-Resolution. Presented the requirements in a complete way or corrected the defects, elMinisteriodeAgriculturayGanaderíadeberáresolverlasolicituddePermisodeQuemaenunplazomáximodetreinta(30) díascalendario. Section 11.-Resources. Comptroller resolved by the Ministry of Agriculture and Livestock, the ordinary resources determined by the General Law of Public Administration will fit. Article 12.-Consult SINAC. Deprevioalotorgamientodelpermisodequemasenterrenosdevocaciónagrícola,cuyoslotesporquemarseencuentrenubicadoscontiguoarese (*)(Their name is thus modified by Article 11 of the Law "Transfer of the Telecommunications Sector of the Ministry of Environment, Energy and Telecommunications to the Ministry of Science and Technology, No. 9046 of June 25, 2012) Once this criterion has been obtained, the regional or sub-regional office of the MAG will grant or deny the permit request, indicating, if necessary, the technical recommendations that must be respected. Non-compliance with the article 4 of the Law No. 7575 of February 13, 1996, its reforms, Forestal Law, the public officials who fail to comply with the signed plazos, if they expose themselves to the sanctions dispuestasenlasleyes. Machine Translated by Google CHAPTER III Conditions for controlled burning Article 13.- Conditions to carry out a controlled burn. To carry out a burning, who selehaotorgadoelpermisodeberácumplirlassiguientesindicaciones: a) Delimit the area to be seared by means of rounds cut to fire to avoid relpaso del fuegohacia others b) Abrirylimpiarunarondacortafuegoenelperímetrodeláreaquesepretendequemar,quemidalaalturadelmaterialcombustiblequese c) Arrange and locate strategic points near and accessible to the area to be burned, water, equipment and tools to mitigate the intensity of the fire in an emergency. d) Carry out the burning by at least two people of legal age. The presence of minors. e) Carry out burning against the wind and in favor of dependent, after sixteen hours (4:00 p.m.) and before seven hours (7:00 a.m.). In technically justified cases of exception, the administration may grant permission for burning in favor of the wind and at different times. When the plantation is located less than 200 meters (two hundred) from health centers, daycare centers, schools or other educational centers or social assistance day shelters, the plantation must start after nineteen hours (7:00 p.m.) and end before four hours (4:00 a.m.). f) Noingresaralterrenoeneltantoelfuegorepresenteunriesgo.Noretirarsedellugarhastaasegurarsequeelfuegoquedecompletamen g) The person responsible for the person who will be responsible for notifying them at least of the days of anticipation adjoining areas, the day and time on which the burning will take place. Machine Translated by Google h) Realizarlaquemasolamenteporlosflancosdellote,conlafinalidaddequelasespeciessilvestresnoquedenatrapadasdentrop Article 14.- Cleaning of street fronts and roadsides. In order to prevent fires, the person to whom the permit was granted must clean the front of the street and the banks of paths, or failing that, carry out rounds as specified in Article 13 of these Regulations, and burning should not be used for such purposes. Article 15.-Prohibitions. Burning is prohibited in the following situations: (a) Not less than 15metres (fifteen)of the imaginary line projecting onto the ground beyond the transmission and/distribution lines of high voltage electrical energy (greater than equal to 38,000 volts). b) Less than 15 meters (fifteen) from the side of the imaginary line that is projected onto the floor of the railway lines. c) Within a radius of 100 meters (one hundred) around electric power substations. d) Within a radius of 25 meters (twenty five) around telecommunication stations. e) Carry out the areas protected by the Law, such as: forest lands, protective zones, national parks, wildlife refuges and wildlife shelters. f) Within a radius of 150 meters (one hundred and fifty meters) around filling plants and supply of gas and fuel distributors. Machine Translated by Google g) Within a radius of 1,300 meters (one thousand three hundred) around international airports. h) Carry out mass burning less than 400 meters (four hundred) from the edge of the springs that originate in the hills and within a radius of 200 meters (two hundred) of the springs that originate on flat land. i) Lasquemasderesiduosnovegetales. j) Chips for cleaning land that is not intended for agricultural use. k) Restricted link defined in the Law on the Maritime Terrestrial Zone. CHAPTER IV Responsibilities and sanctions Article 16.-Responsibilities. Whoever carries out a burning, whether with or without permission, will be jointly and severally liable for the damages that may not be caused, in accordance with the rules on non- contractual civil liability that govern our legal system. Article 17.-Sanctions. Anyone who burns, with or without permission, in violation of the provisions of these regulations, will be held liable for the penalties provided for in article 399, subsection 1) of the Penal Code. The officials of the MAG, of the MINAE (*), of the Ministry of Health of the respective Municipality, who are aware of any infraction of the provisions of these Regulations, are obliged to file the corresponding criminal complaint and coordinate with the MAG so that it may take the necessary actions in order to invoke the granted permit. Machine Translated by Google (*)(Their name is thus modified by Article 11 of the Law "Transfer of the Telecommunications Sector of the Ministry of Environment, Energy and Telecommunications to the Ministry of Science and Technology, No. 9046 of June 25, 2012) CHAPTER V Monitoring and control of permits Article 18.-File. All the documentation derived from the processing of burning permits, It will be available to the public, duly classified and organized in the MAG offices. Article 19.- Supervision. LosfuncionariosdelasinstitucionesreferidasenesteReglamentoydelasMunicipalidades,podránfiscalizar,enformaconjuntaoseparadam CHAPTER VI Emergency situations Machine Translated by Google Article 20.- Duty to collaborate. All individuals are obliged to collaborate with the Authorities ask for their help to put out a fire. Article 21.-Complaint. The legitimate owner of the land or his representative, the lessee or the owner of the land, within a maximum period of 48 hours, must present the respective complaint to the competent authorities when the burning has been caused by acts of vandalism, accidental situations or force majeure. Article 22.- Suspension. If, as a result of the controlled burning, an imminent and notorious risk is generated for the health and safety of the immediate population or the environment, the Ministry of Health, the Ministry of Agriculture and Livestock, as well as the Ministry of Environment and Energy (*), in a coordinated or separate manner, may temporarily or permanently suspend the burning, lifting the lactate that justifies the reasons for which the suspension was ordered, which will be allowed to continue with the order being improperly controlled, the risk being lifted. (*)(Their name is thus modified by Article 11 of the Law "Transfer of the Telecommunications Sector of the Ministry of Environment, Energy and Telecommunications to the Ministry of Science and Technology, No. 9046 of June 25, 2012) Article 23.- Preventive and operational programs. With the purpose of contributing to mitigating the negative effects of controlled burning, the National Forest Fire Commission will coordinate actions with the Committee referred to in the following article, the preventive and operational programs that are necessary to minimize the effects of forest fires. Machine Translated by Google CHAPTERVII Final considerations Article 24.-Permanent Interinstitutional Committee. CréaseunComitéInterinstitucionalPermanente,conformadoporunrepresentantetitularyunosuplentedelMinisteriodeAgriculturayGanaderí (*)(Their name is thus modified by Article 11 of the Law "Transfer of the Telecommunications Sector of the Ministry of Environment, Energy and Telecommunications to the Ministry of Science and Technology, No. 9046 of June 25, 2012) The Committee will have the following functions: a) Follow up on the issue of controlled burning for agricultural purposes, suggesting policies tending to improve the control and inspection work on this agricultural practice. b) Establish a national plan for capacity building and in the area of controlled farms. c) Identify and propose initiatives that encourage education in areas of care, promoting the recovery of areas of protection. d) Encouraging the reuse of agricultural waste through processes of application of technological and energy alternatives. e) Promoting closeness between the public and private sectors to address the productive environmental problem through the Acuerdos Voluntarios. The Permanent Inter-institutional Committee promotes the creation of local committees to achieve the sustainability of the sustainability. Machine Translated by Google CHAPTER VIII Derogations Article 25.- Articles 86 and 87 of Executive Decree No. 29375 MAG-MINAE-S HACIENDA-MOPT, of August 8, 2000, Regulations for the Law on the Use, Management and Conservation of Soils are repealed. Article 26.-HeadquartersExecutive Decree No. 23850-MAG-SP, of 14 December 1994, Regulation for Controlled Burning for Agricultural and Livestock Purposes. Article 27.- Valid from its publication. Given the Presidency of the Republic, allsix days of the month of Mayodel dos Milnueve. Machine Translated by Google TransitorioI.-SeestablecendosmesesdeplazoparaqueelComitédefinasumecanismodeoperaciónyfunciones. Machine Translated by Google Machine Translated by Google Machine Translated by Google GenerationDate:10/18/202205:29:29am