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LAW 99 OF 1993

(December 22)

Official Newsletter No. 41,146 of December 22, 1993

Which creates the Ministry of the Environment, rearranges the Public Sector responsible for the management and
conservation of the environment and renewable natural resources, organizes the National Environmental System (SINA), and
establishes other provisions.

THE CONGRESS OF COLOMBIA

DECREES:

TITLE I.

FOUNDATIONS OF THE COLOMBIAN ENVIRONMENTAL POLICY

ARTICLE 1. GENERAL ENVIRONMENTAL PRINCIPLES. The Colombian environmental policy will obey the following
general principles:

1. The process of economic and social development of the country will be guided according to the universal principles and of
sustainable development included in the Rio de Janeiro Declaration of June 1992 on the Environment and Development.

2. The biodiversity of the country, by being national heritage and of interest for mankind, must be protected on a priority basis
and used in a sustainable fashion.

3. The population policies will take into consideration the right of human beings to a healthy and productive life in harmony
with the environment.

4. Areas of moorlands, sub-moorlands, water sources and recharge of aquifers shall be subject to special protection.

5. The human consumption shall be a priority over any other use with respect to the utilization of water resources.

6. The formulation of environmental policies will obey the result from the process of scientific research. However,
environmental authorities and individuals will apply the principle of precaution, which states that whenever there is a risk of
serious and irreversible damage, lack of absolute scientific certainty shall not be used as a reason to delay the adoption of
effective measures to prevent the degradation of the environment.

7. The State shall foster the incorporation of environmental costs and the use of economic instruments for the prevention,
correction and restoration of environmental deterioration and for the conservation of renewable natural resources.

8. The landscape shall be protected as it constitutes a common heritage.

9. Disaster prevention shall be a matter of collective interest and measures adopted to avoid or mitigate its effects shall be
mandatory.
10. Action for the environmental protection and recovery of the country shall be a joint and coordinated task between the
State, the community, non-government organizations and the private sector. The State shall support and promote the
formation of non-government organizations aimed towards environmental protection and may delegate some of its functions
to them.

11. Environmental impact studies will be the basic instrument for decision making activities with respect to the construction of
works and activities that affect the natural or artificial environment in a significant fashion.

12. El The environmental management of the country, in accordance with the National Constitution, will be decentralized,
democratic and participative.

13. The National Environmental System SINA has been established for the environmental management of the country, with
components and interrelations that define the mechanisms of action of the State and the civilian society.

14. Environmental institutions of the State shall be structured based on integral management criteria for the environment and
their interrelations with the processes of economic, social and physical planning.

TITLE II.

MINISTRY OF THE ENVIRONMENT AND NATIONAL ENVIRONMENTAL SYSTEM

ARTICLE 2. CREATION AND OBJECTIVES OF THE MINISTRY OF THE ENVIRONMENT. <See Validity Notes> Create
the Ministry of the Environment as the governing body in terms of the management of the environment and renewable natural
resources, responsible for promoting a respectful and harmonious relationship between humans and nature and for defining,
in accordance with this law, the policies and regulations to which the recovery, conservation, protection, arrangement,
management, use and utilization of renewable natural resources and the environment of the Nation will be subject. The
purpose of this ensuring sustainable development.

The Ministry of the Environment shall formulate, along with the President of the Republic and ensuring participation from the
community, the national policy in terms of the environment and renewable natural resources. This shall be done in a way that
ensures the rights of all persons to enjoy a healthy environment and to protect the natural heritage and sovereignty of the
Nation.

The Ministry of the Environment is responsible for coordinating the National Environmental System (SINA) organized in this
Law; this in order to ensure the adoption and execution of the policies and the respective plans, programs and projects, in
order to ensure compliance with the rights and duties of the State and those of individuals with respect to the environment
and the natural heritage of the Nation.

ARTICLE 3. CONCEPT OF SUSTAINABLE DEVELOPMENT. Sustainable development shall be the development that leads
to economic growth, the improvement of the quality of life and the social wellbeing, without exhausting the base of renewable
natural resources that supports it, or deteriorating the environment or the right of future generations to use the same to
satisfy their own needs.

ARTICLE 4. NATIONAL ENVIRONMENTAL SYSTEM (SINA). The National Environmental System (SINA) is the set of
guidelines, norms, activities, resources, programs and institutions that allow for the initiation of the general environmental
principles included in this Law. It shall be composed of the following components:
1) The general principles and guidelines included in the National Constitution, in this Law and in the environmental
regulations that develop the same.

2) The current specific normativity not repealed by this law and the one developed by virtue of the Law.

3) The entities of the State responsible for the environmental policy and action included in the Law.

4) Community organizations and non-government organizations related to environmental issues.

5) Economic resources and sources for the handling and recovery of the environment.

6) Public, private or mixed entities that perform data production activities, scientific research and technological development
in the environmental field.

The National Government shall regulate the organization and operation of the National Environmental System (SINA).

PARAGRAPH. For all purposes, the hierarchy in the National Environmental System (SINA) shall obey the following
descending order: Ministry of the Environment, Regional Autonomous Corporations, Departments and Districts or
Municipalities.

ARTICLE 5. FUNCTIONS OF THE MINISTRY. The following are the functions of the Ministry of the Environment:

1) Formulating the national policy with respect to the environment and renewable natural resources, and establishing the
environmental arrangement rules and criteria to be used in the territory and adjacent seas. The purpose of this is to ensure a
sustainable utilization of renewable natural resources and the environment;

2) Regulating the general conditions for the sanitation of the environment and for the use, management, utilization,
conservation, restoration and recovery of natural resources. The purpose of this is to prevent, suppress, eliminate or mitigate
the impact of polluting, deteriorating or destructive activities that affect the national heritage or environment.

3) Preparing, with advice from the National Planning Department, the plans, programs and projects, with respect to the
environment or renewable natural resources and the environmental management of the territory, that must be incorporated
into the projects of the National Development Plan and the National Research Plan that the Government will present for
consideration to the Congress;

4) Guiding and coordinating the process of planning and harmonious execution of activities of entities that are part of the
National Environmental System (SINA) in environmental aspects;

5) Establishing the environmental criteria that must be incorporated into the formulation of sectoral policies and in planning
processes of the other Ministries and entities. This shall be performed after consulting with those bodies;

6) Jointly formulating with the Ministry of Health the national population policy; promoting and coordinating with the same
demographic growth control programs and evaluating and monitoring the national demographic statistics;

7) Jointly formulating with the Ministry of Economic Development the national policy of human settlements and urban
expansion, with the Ministry of Agriculture the policies on colonization and with the Ministry of Foreign Trade the policies of
foreign trade that affect renewable natural resources and the environment;
8) Evaluating the scope and economic effects of environmental factors, their incorporation into the value of the market of
goods and services and their impact on the development of the national economy and its external sector; their cost in
medium and large infrastructure projects, as well as the economic cost of the deterioration and the conservation of the
environment and renewable natural resources. Additionally, performing tax and economic studies, analyses and
investigations related to the budgetary and financial resources of the environmental management sector and with taxes,
charges, contributions, duties, fines and incentives related to the same.

9) Jointly adopting with the National Ministry of Education, from January of 1995, the teaching programs and plans and the
syllabus that will be implemented in the various levels of national education with respect to the environment and renewable
natural resources, promoting with that Ministry informal education and disclosure programs and regulating the provision of
the environmental service;

10) Determining the minimum environmental norms and the general regulations on the environment that will be binding for
urban centers and human settlements, as well as mining, industrial, transport activities and in general every service or
activity that may directly or indirectly harm the environment;

11) Issuing general regulations intended to control and reduce biosphere, water, landscape, sound and atmospheric pollution
inside the entire national territory;

12) Issuing and updating the adequate use zoning statute of the territory in order to manage it in a correct fashion and the
national regulations related to the use of soil with respect to environmental aspects, and establishing the general guidelines
for the arrangement and management of water basins and other special-treatment areas;

13) Defining the execution of projects and programs that the Nation, or the Nation with other public entities, must implement
for the sanitation of the environment or with respect to the handling, utilization, conservation, recovery or protection of
renewable natural resources and the environment;

14) Defining and regulating the administrative instruments and mechanisms necessary to prevent and control the
environmental deterioration factors and determining the environmental evaluation, follow-up and management criteria for
economic activities;

15) <See Editor´s Notes> Evaluating the environmental studies and issuing, rejecting or suspending the corresponding
environmental licenses in accordance with title VIII of this Law;

16) Exercising in a discretional and selective fashion, when circumstances require doing so, current or subsequent evaluation
and preventive control activities for matters assigned to Regional Autonomous Corporations with respect to the effects of
environmental deterioration that may be caused by the execution of development projects or activities, as well as for the
exploration, exploitation, transport, production and utilization of renewable and non-renewable natural resources and ordering
the suspension of works or activities, if applicable;

17) When required for the fulfillment of its tasks, contracting the preparation of research and monitoring studies for ecological
and environmental processes, as well as the evaluation of environmental impact studies.

18) <See Editor´s Notes> <Underlined expression is CONDITIONALLY UNENFORCEABLE> Reserving, delimiting and
removing the areas that comprise the National Natural Parks System and national forest reserves, and regulating their use
and operation.
19) <See Editor´s Notes> Managing the areas that comprise the National Natural Parks System, ensuring the protection of
the natural heritage and the biotic diversity of the nation, as well as the conservation of areas of special ecosystem
importance;

20) Coordinating, promoting and guiding research actions related to the environment and renewable natural resources,
establishing the Environmental Information System and organizing the inventory of biodiversity and of national genetic
resources; promoting the investigation of alternative models of sustainable development; exercising the Technical and
Administrative Secretariat of the Council of the National Program of Environmental Sciences and Habitat;

21) Regulating, in accordance with the law, the attainment, use, management, research, import, export and the distribution
and trade of genetic strains and species of wild fauna and flora; regulating the import, export and trade of this genetic
materials, establishing the control and surveillance mechanisms and procedures, performing all the actions required to claim
the payment or recognition of the fees or royalties caused in favor of the Nation for the use of genetic material;

22) Participating with the Ministry of Foreign Affairs in the formulation of international policies with respect to environmental
matters and defining with the same the instruments and procedures of cooperation for the protection of the ecosystems of
border areas; promoting the relations with other countries with respect to environmental matters and the multilateral
cooperation for the protection of natural resources, as well as representing the national government for the execution of
International Treaties and Conventions regarding the environment and renewable natural resources;

23) Adopting the measures that are necessary to ensure the protection of wild flora and fauna species; adopting the
provisions required to defend endangered or threatened species; and issuing the certificates established in the Convention
on International Trade in Endangered Species (CITES);

24) Regulating the conservation, preservation, use and management of the environment and renewable natural resources in
marine and coastal zones and coordinating the activities of the entities responsible for the research, protection and
management of the marine environment, its living resources and the coasts and beaches. Similarly, it shall be responsible for
regulating the conditions of conservation and management of basins, swamps, lakes, lagoons and other continental water
ecosystems;

25) Establishing the maximum permissible limits for emissions, discharge, transport or storing of substances, products,
compounds or any other matter that may affect the environment or renewable natural resources. Similarly, prohibiting,
restricting or regulating the manufacturing, distribution, use, disposal or dumping of substances that cause environmental
degradation. The maximum limits will be established based on technical studies, without prejudice to the precautionary
principle.

26) Issuing environmental regulations for the distribution and use of chemical or biological substances used for farming
activities;

27) <See Editor´s Notes> Acquiring for the National Natural Parks System or for the cases expressly defined by this law,
private property goods and patrimony goods of public law entities. Carrying out with the competent authority the expropriation
of property due to public benefit or social interest reasons defined by the law, as well as imposing all applicable easements.

28) Maintaining a record of non-profit entities created with the object of protecting or cooperating for the protection of the
environment and renewable natural resources;
29) Establishing the minimum tariff amount for the charges caused by the use and utilization of renewable natural resources
in accordance with the National Code of Renewable Natural Resources and Protection of the Environment, Decree-Law 2811
of 1974, this law and the norms that modify or supplement the same;

30) Determining the calculation factors established in article 19 of the National Code of Renewable Natural Resources and
Protection of the Environment, Decree – Law 2811 of 1974, that shall serve as basis for establishing the tariff amounts and
ranges for the charges created by the Law;

31) Settling disputes between entities that are part of the National Environmental System, generated as a result of the
execution of their functions and establishing criteria or adopting decisions whenever conflicts arise between them with
respect to the application of norms or policies related to the use, management and utilization of renewable natural resources
or the environment;

32) Establishing agreement mechanisms with the private sector to adapt its activities with the environmental goals
established by the government; defining the cases in which the conclusion of agreements is required to execute compliance
plans with public or private enterprises in order to adapt their technology or to mitigate or remove pollutant factors and
establishing rules for the fulfillment of the commitments derived from those agreements. Promoting the formulation of
industrial conversion plans related to the implementation of healthy environmental technologies and the performance of
decontamination, recycling and reutilization of waste activities;

33) Promoting, in coordination with competent and related entities, the performance of programs of substitution of non-
renewable natural resources for the development of non-pollutant or degrading energy generation technologies;

34) <See Editor´s Notes> Defining, jointly with tourism authorities, the tourism regulations and programs that may be
developed in reserved areas or special management areas. Determining protected natural properties or areas that may be
allocated for touristic uses, the regulations that will serve as basis for the applicable conventions and concessions and the
uses compatible with these same goods;

35) Performing an evaluation, follow-up and control with respect to ecological risk factors and those that may have an effect
on the occurrence of natural disasters and coordinating with the other authorities all the actions aimed at preventing
emergencies or preventing the expansion of their effects;

36) <Strikethrough Text UNENFORCEABLE> Approving the bylaws of Regional Autonomous Corporations and the
reforms that modify or supplement the same exercising due inspection and surveillance actions on the same;

37) Managing the National Environmental Fund (FONAM) and the Environmental Fund of the Amazon Region;

38) Ensuring that the study, exploration and investigation of nationals or foreigners with respect to our renewable natural
resources obey the sovereignty of the nation and the rights of the Colombian nation to its genetic resources;

39) Issuing regulations to prevent the manufacturing, import, possession and use of chemical, biological and nuclear
weapons, as well as the introduction of nuclear waste and toxic waste into the national territory, as well as their byproducts;

40) Establishing environmental policies for the Colombian Amazon and the Biogeographic Chocó regions, on a priority basis,
in accordance with the national interest of preserving these ecosystems;

41) Promoting, in coordination with the Ministry of Government, the execution of environmental management programs and
projects for the prevention of disasters, in a way that the activities of the entities of the National Environmental System and
those of the National System for Disaster Prevention and Response, created by Law 46 of 1988 and regulated by Decree –
Law 919 of 1989, are performed in a coordinated fashion;

42) Establishing global quotas and determining the species for the utilization of natural forests and the attainment of wild flora
and fauna specimens, taking into consideration the supply and renewal capacity of those resources. Based on this, Regional
Autonomous Corporations will grant the corresponding utilization authorizations, concessions and permits;

43) Technically establishing the assessment methodologies for the economic costs of the deterioration and conservation of
the environment and renewable natural resources;

44) Performing economic studies and investigations towards the identification of investment priorities for environmental
management activities as basis for the allocation of public spending in this sector;

45) Establishing by mutual agreement with the Ministry of Agriculture, based on the best scientific evidence and statistical
information available, the species and volumes of fishing susceptible to utilization in inland waters and in adjacent seas,
based on which the INPA will issue the corresponding permits of utilization.

PARAGRAPH 1. With respect to activities regulated by the Ministry of the Environment that may affect human health, this
function will be governed in consultation with the Ministry of Health, and with the Ministry of Agriculture when the health or
plant health may be affected;

PARAGRAPH 2. The Ministry of the Environment, when compatible with the competences assigned by this law, shall
exercise the other functions that in terms of protection of the environment and renewable natural resources were performed
by the National Institute of Renewable Natural Resources and the Environment (INDERENA), the Ministry of Agriculture, the
Ministry of Health, the Ministry of Mines and Energy and the National Planning Department. The Minister of the Environment
shall substitute the Manager of the INDERENA in the Governing Boards and Councils where the same participated by virtue
of the Law, the regulations or statues;

PARAGRAPH 3. The policy of forestry crops for commercial purposes, of introduced or native species, will be established by
the Ministry of Agriculture based on the National Environmental and Renewable Natural Resources Policy established by the
Ministry of the Environment;

PARAGRAPH 4. The Ministry of the Environment shall coordinate the preparation of the project of the National Forestry
Development Plan established in Law 37 of 1989. Similarly, the Ministry of the Environment shall be responsible for
structuring, implementing and coordinating the National Forestry Service created by the Law.

For the purposes of this paragraph, the National Government, within a period of six months after the effective date of this
Law, shall submit to the Congress of the Republic the additions, modifications or updates considered pertinent for Law 37 of
1989, before initiating the execution of its provisions.

PARAGRAPH 5. Every program and project that the National Planning Department implements in terms of renewable
natural resources and the environment implements, including those related to the forestry area, and those implemented in
those areas with foreign credit resources, or from International Cooperation resources, shall be transferred to the Ministry of
the Environment and the Regional Autonomous Corporations in accordance with the duties defined in this Law from its
effective date;
PARAGRAPH 6. Whenever the use of non-renewable natural resources is restricted by an administrative ruling by the
Ministry of the Environment, notification shall be ordered for the other authorities that perform real estate, mining and similar
registrations in order to unify the required information.

ARTICLE 6. GENERAL JURISDICTION CLAUSE. In addition to the other functions assigned by the law or the regulations,
the Ministry of the Environment shall exercise, for matters related to the environment and renewable natural resources, the
functions not expressly attributed by the law to another authority.

ARTICLE 7. LAND ENVIRONMENTAL PLANNING. Land environmental planning for purposes of this law shall be
understood as the function attributed to the State in terms of the regulation and management of the process of design and
planning of the use of the land and renewable natural resources of the nation. The purpose of this is ensuring their adequate
exploitation and sustainable development.

ARTICLE 8. PARTICIPATION IN THE CONPES. The Minister of the Environment shall be a member, with the right to voice
and vote, of the National Economic and Social Policy Council (CONPES).

ARTICLE 9. ORDER OF PRECEDENCE. The Ministry of the Environment, created with this Law, shall follow the National
Minister of Education in terms of order of precedence.

TITLE III.

STRUCTURE OF THE MINISTRY OF THE ENVIRONMENT

ARTICLE 10. ADMINISTRATIVE STRUCTURE OF THE MINISTRY. <Article repealed by article 2 0 of Decree 1687 of
1997>

ARTICLE 11. CABINET COUNCIL. <Article repealed by article 20 of Decree 1687 of 1997, EXCEPT for paragraph 1, which
remains in force and reads as follows:>

PARAGRAPH 1. The Advisory Technical Council of Environmental Regulations and Policy shall be created from the
Advisory Technical Council of Environmental Policy. This Council shall be attached to the Office of the Minister of the
Environment. The Council shall be presided by the Vice-Minister, comprised by two representatives from universities who are
experts in scientific and technological matters and representatives from the guilds of industrial, agricultural and mining and
hydrocarbons production, one per sector, chosen in accordance with the regulations issued by the National Government.
This Council will count with one technical secretariat comprised of two professionals with high technical level and wide
experience, which shall be appointed by the Minister of the Environment. The main function of the Advisory Committee shall
be to provide advice to the Minister with respect to the environmental viability of projects of national interests of the public
and private sectors, as well as for the formulation of policies and the issuance of environmental norms.

ARTICLE 12. FUNCTIONS OF THE DEPARTMENTS OF THE MINISTRY. The regulations will allocate the functions
between the various departments of the Ministry. This shall be performed in accordance with their nature and in pursuit of the
functions attributed to the same with this Law.

TITLE IV.

NATIONAL ENVIRONMENTAL COUNCIL


ARTICLE 13. NATIONAL ENVIRONMENTAL COUNCIL. <See Editor´s Notes> Create the National Environmental Council
to ensure an intersectoral coordination of policies, plans and programs related to the environment and renewable natural
resources at a public level, which shall be comprised by the following members:

- The Minister of the Environment, who shall act as president.

- The Minister of Agriculture.

- The Minister of Health.

- The Minister of Economic Development.

- The Minister of Mines and Energy.

- The National Minister of Education.

- The Minister of Public Works and Transport.

- The National Minister of Defense.

- The Minister of Foreign Trade.

- The Director of the National Planning Administrative Department.

- The Ombudsman.

- The Comptroller General of the Republic.

- One Representative from the Governors.

- One Mayor representing the Colombian Federation of Municipalities.

- The President of the National Oceanography Council.

- One representative from Indigenous Communities.

- One representative from Black Communities.

- One representative from agricultural production unions.

- One representative from industrial production unions.

- The President of ECOPETROL or its delegate.

- One representative from Mining production unions.


- One representative from export unions.

- One representative from non-government environmental organizations.

- One representative from Universities chosen by the National Higher Education Council (CESU).

- One representative from Forestry Activity Unions.

The participation from the Ministry of the Environment in the National Environmental Council cannot be delegated. The other
member Ministers may only delegate their representation to Vice-Ministers; the National Planning Department Director to the
Head of the Environmental Policy Unit. The Council shall gather at least once every six months.

Public officials and the other persons that the Council considers appropriate for illustrating the various matters subject to
decisions and for proposing recommendations may be invited to the National Environmental Council with the right to voice
but no vote.

The Council shall create councils for the various territorial entities with objects that are similar to those fulfilled by the former
at a national level, always respecting in their formation the criteria established in this article. The purpose of this is to give
participation to the various sectors of the civilian society and the Government.

The National Government shall regulate the periodicity and the way in which the representatives from territorial entities,
unions, ethnic groups, Universities and Non-Government Organizations are selected for the National Environmental Council.

ARTICLE 14. FUNCTIONS OF THE COUNCIL. <See Editor´s Notes> The National Environmental Council will be
responsible for the following functions:

1) Recommending the adoption of measures that allow for a harmonization of environmental regulations and decisions with
respect to the execution of economic and social development projects by the various productive sectors. The purpose of this
is to ensure their sustainability and to minimize their impact on the environment;

2) Recommending to the National Government the policy and the mechanisms of coordination of activities from every public
and private body and entity with functions that affect or may affect the environment and renewable natural resources;

3) Formulating the recommendations considered appropriate to adapt the use of the land and the plans, programs and
projects of construction or extension of the public infrastructure for an adequate and sustainable utilization of the environment
and the natural heritage of the nation;

5) Designating intersectoral technical committees where officials of a technical level of the corresponding entities will
participate in order to implement coordination and monitoring tasks;

6) Creating its own regulations, which must be approved by the National Government.

ARTICLE 15. TECHNICAL SECRETARIAT. <See Editor´s Notes> The Technical Secretariat of the National Environmental
Council will be exercised by the Vice-Minister of the Environment.

The Technical Secretariat functions, in addition to those incorporated into the regulations of the National Environmental
Council, shall be the following:
1) Acting as Secretary in the meetings of the Council and its commissions, signing the minutes;

2) Summoning the sessions of the Council in accordance with the regulations and the instructions imposed by its president;

3) Submitting to the Council all the reports, studies and documents that must be subject to examination;

4) Functions assigned by the Council.

TITLE V.

SCIENTIFIC AND TECHNICAL SUPPORT OF THE MINISTRY

ARTICLE 16. SCIENTIFIC ENTITIES ATTACHED AND ASSOCIATED TO THE MINISTRY OF THE ENVIRONMENT. The
Ministry of the Environment will have the following attached and associated scientific entities:

a) Institute for Hydrology, Meteorology and Environmental Studies, IDEAM;

b) Institute of Marine and Coastal Investigation ¨José Benito Vives de Andreis¨, INVEMAR;

c) Institute of Biological Resources Research ¨Alexander von Humboldt¨;

d) The Amazon Scientific Research Institute ¨SINCHI¨;

e) Institute of Environmental Research of the Pacific ¨John von Neumann¨.

PARAGRAPH. The Ministry of the Environment shall also count with scientific and technical support from environmental
research centers and public and private universities, especially from the Natural Sciences Institute of the Universidad
Nacional and the Universidad de la Amazonía.

ARTICLE 17. INSTITUTE FOR HYDROLOGY, METEOROLOGY AND ENVIRONMENTAL STUDIES (IDEAM). Create the
Institute for Hydrology, Meteorology and Environmental Studies (IDEAM), which will be organized as a national public
establishment attached to the Ministry of the Environment, with administrative autonomy, legal status and independent
patrimony, responsible for collecting and managing scientific and technical information related to the ecosystems that
compose the environmental heritage of the country, as well as for establishing the technical basis for the classification and
zoning of the use of the national territory for purposes of land planning and management.

The IDEAM must obtain, analyze, study, process and disclose basic information related to hydrology, hydrogeology,
meteorology, basic geography about biophysical aspects, geomorphology, soils and vegetation cover for the management
and utilization of biophysical resources of the Nation and will be responsible for establishing and operating meteorological
and hydrological infrastructure of the nation to provide information, forecasts, warnings and advisory services to the
community.

This institute shall be responsible for the monitoring of biophysical resources of the nation, especially in terms of its pollution
and degradation, which are necessary for environmental authorities to adopt decisions;
PARAGRAPH 1. Transfer to the IDEAM the functions in terms of production, processing and analysis of basic geographic
information related to biophysical aspects formerly performed by the Sub-directorate of Geography of the Geographic
Institute Agustín Codazzi (IGAC), along with its archives, facilities, laboratories and other related goods;

PARAGRAPH 2. Transfer to the IDEAM the functions currently assigned to the Colombian Institute for Hydrology,
Meteorology and Land Use (HIMAT) in hydrology and meteorology matters, which will be referred to as the National Land
Use Institute (INAT) from this point forward. Transfer to the IDEAM all the information, files, laboratories, information
processing centers, means of transportation, infrastructure and hydrological and meteorological equipment, facilities and
other items currently in possession of the HIMAT with respect to its hydrological and meteorological activities;

PARAGRAPH 3. Transfer to the IDEAM the functions currently performed by INDERENA with respect to basic research on
natural resources, especially the research performed by the Forestry and Development Sub-directorate on forest resources
and soil conservation matters.

PARAGRAPH 4. Transfer to the IDEAM the functions that in terms of groundwater were assigned to the Institute of
Research on Geosciences, Mining and Chemistry INGEOMINAS, without prejudice to the activities that INGEOMINAS will
continue performing in the programs of exploration and evaluation of underground resources.

INGEOMINAS shall provide to the IDEAM all the information available with respect to groundwater and the information
existing in the National Hydrogeological Data Bank.

The basic structure of the IDEAM will be established by the National Government;

PARAGRAPH 5. The IGAC will provide to the IDEAM and to the Ministry of the Environment support for every requirement
related to agrological information by that Institute.

ARTICLE 18. INSTITUTE OF MARINE AND COASTAL INVESTIGATION ¨JOSÉ BENITO VIVES DE ANDREIS¨,
INVEMAR. The Institute of Marine Investigation of Punta Betín ¨José Benito Vives de Andreis¨, INVEMAR, public
establishment attached through Decree 1444 of 1974 to the Colombian Fund for Scientific Research and Special Projects
Francisco José de Caldas (COLCIENCIAS), will be referred to as the Institute of Marine and Coastal Investigation ¨José
Benito Vives de Andreis¨ (INVEMAR), which will have its main offices in the city of Santa Marta, and will establish a office in
Coveñas, Department of Sucre, and another one in the city of Buenaventura, in the Pacific Coast. The INVEMAR will be
organized as a non-profit corporation, in accordance with Law 29 of 1990 and Decree 393 of 1991, associated to the Ministry
of the Environment, with administrative autonomy, legal status and own patrimony. It may become associated to the Institute
of Public and Private Entities, non-profit private foundations and corporations and national and international non-government
organizations, as well as to Regional Autonomous Corporations with jurisdiction over coasts and island areas.

The main responsibility of the INVEMAR shall be the basic and applied environmental research with respect to renewable
natural resources and the environment and coastal and oceanic ecosystems and of seas adjacent to the national territory.
The INVEMAR shall submit technical opinions regarding the conservation and sustainable utilization of marine resources and
will provide scientific and technical support and advice to territorial entities and to Regional Autonomous Corporations.

The Ministry of the Environment shall promote and create a network of marine research centers that will count with
participation from all the entities that perform research activities in Colombian coats, fostering the rational utilization of all the
scientific capacity available in this field inside the country.

PARAGRAPH 1. The Nation shall allocate on an annual basis the resources and transfers required to cover the operating
and investment expenses of the INVEMAR in the chapter corresponding to the Ministry of the Environment.
PARAGRAPH 2. The National Government shall establish the contributions that Regional Autonomous Corporations with
jurisdiction over the coastal and marine areas of the national territory must make for the constitution of the INVEMAR as a
Civilian Corporation.

ARTICLE 19. INSTITUTE OF BIOLOGICAL RESOURCES RESEARCH ¨ALEXANDER VON HUMBOLDT¨. Create the
Institute of Biological Resources Research ¨Alexander von Humboldt¨, which will be organized as a public non-profit Civilian
Corporation, but subject to the rules of private law, associated to the Ministry of the Environment with administrative
autonomy, legal status and own patrimony, organized in accordance with Law 29 of 1990 and Decree 393 of 1991,
responsible for the performance of basic and applied research on the genetic resources of national flora and fauna and for
creating and forming the scientific inventory of biodiversity throughout the entire national territory.

The Institute of Biological Resources Research ¨Alexander von Humboldt¨ will be responsible for scientific and applied
research related to biotic and hydrogeological resources inside the continental territory of the Nation. The Institute must
create, in regions not covered by other specialized research entities established in this Law, research stations for national
macro-ecosystems and support with technical advisory and transfer of technologies the Regional Autonomous Corporations,
Departments, Districts, Municipalities and other entities responsible for the management of the environment and renewable
natural resources.

The research activities carried out by the Institute and the information bank created by the same will serve as basis for the
generation and formation of the national biodiversity inventory.

Transfer to the Institute of Biological Resources Research ¨Alexander von Humboldt¨ the research functions on biotic
resources formerly performed by the INDERENA, as well as the information, facilities, files, laboratories and other elements
related to the latter.

PARAGRAPH. The Nation will allocate on an annual basis the resources and transfers required to cover the operating and
investment expenses of this Institute in the chapter corresponding to the Ministry of the Environment.

ARTICLE 20. THE AMAZON SCIENTIFIC RESEARCH INSTITUTE "SINCHI". Transform the Colombian Corporation for the
Amazon Region, Araracuara (COA), into the Amazon Scientific Research Institute ¨SINCHI¨, which will be organized as a
non-profit public Civilian Corporation subject to the rules of private law, organized in accordance with Law 29 of 1990 and
Decree 393 of 1991, associated to the Ministry of the Environment with administrative autonomy, legal status and own
patrimony. Public entities, non-profit foundations and corporations, national and international non-government organizations,
universities and scientific research centers interested in investigating the Amazon environment may associate themselves to
the Amazon Scientific Research Institute ¨SINCHI¨.

The object of the Institute will be the performance and disclosure of high-level scientific research studies related to the
biological, social and ecological reality of the Amazon region.

Transfer to the Amazon Scientific Research Institute ¨SINCHI¨ all the facilities, movable and immovable property and other
patrimonial rights and obligations of the Araracuara Corporation (COA).

The main office of the Institute will be located in the city of Leticia, and it will establish a sub-office in the Department of
Vapués.

The Institute will associate the Universidad de la Amazonia for its scientific research activities.
PARAGRAPH. The Nation will allocate on an annual basis the resources and transfers required to cover the operating and
investment expenses of this Institute in the chapter corresponding to the Ministry of the Environment.

ARTICLE 21. INSTITUTE OF ENVIRONMENTAL RESEARCH OF THE PACIFIC ¨JOHN VON NEUMANN¨. Create the
Institute of Environmental Research of the Pacific ¨John von Neumann¨, which will be organized as a public non-profit Civilian
Corporation subject to the rules of private law, organized in accordance with Law 29 of 1990 and Decree 393 of 1991,
associated to the Ministry of the Environment with administrative autonomy, legal status and own patrimony. Public entities,
nonprofit corporations and foundations, national and international non-government organizations, universities and scientific
research centers interested in investigating the environment of the Pacific Coast and the Biogeographic Chocó may be
associated to the Institute of Environmental Research of the Pacific.

The main office of the Institute will be located in Quibdó in the Department of Chocó.

The Institute of Environmental Research of the Pacific ¨John von Neumann¨ will associate the Institute of Studies of the
Pacific of the Universidad del Valle for its research activities.

PARAGRAPH 1. The Nation will allocate on an annual basis the resources and transfers required to cover the operating and
investment expenses of this Institute in the chapter corresponding to the Ministry of the Environment;

PARAGRAPH 2. Starting on the effective date of this Law, the institute ¨John von Neumann¨ will be responsible for the
BIOPACÍFICO project currently handled by INDERENA.

ARTICLE 22. PROMOTION AND DISSEMINATION OF THE ENVIRONMENTAL EXPERIENCE OF TRADITIONAL


CULTURES. The Ministry and the scientific Institutes shall foster the development and dissemination of the knowledge,
values and technologies of indigenous cultures and other ethnic resources with respect to the management of the
environment and natural resources.

TITLE VI.

REGIONAL AUTONOMOUS CORPORATIONS

ARTICLE 23. LEGAL NATURE. Regional Autonomous Corporations are public corporate bodies created by the Law,
comprised by the territorial entities that due to their characteristics constitute one single ecosystem or form one geopolitical,
biogeographic or hydro-geographic unit in a geographic fashion. These Corporations have administrative and financial
autonomy, own patrimony and legal status, commissioned by the law to manage, inside their area of jurisdiction, the
environment and renewable natural resources and to foster its sustainable development in accordance with the legal
provisions and policies of the Ministry of the Environment.

Exclude from the legal regime applicable due to this Law for Regional Autonomous Corporations the Regional Autonomous
Corporation of Río Grande de la Magdalena, created by article 331 of the National Constitution. The special regime of this
Corporation will be established by the law.
ARTICLE 24. ADMINISTRATION AND MANAGEMENT BODIES. Regional Autonomous Corporations shall have three main
management and administration bodies, namely: a. The Corporate Assembly; b. the Governing Board; and c. the General
Director.

ARTICLE 25. CORPORATE ASSEMBLY. Is the main management body of the Corporation, and will be comprised by all the
legal representatives of the territorial entities under its jurisdiction.

<Strikethrough text UNENFORCEABLE> Members of the Corporate Assembly of a Regional Autonomous Corporation will
have a right to vote in deliberations and decisions in proportion to the annual contributions or revenues or those that
are paid for any reason or concept to the Corporation, the territorial entity they represent, on the year prior to the
date of the corresponding session. If those contributions exceed 25% of the total amount earned by the Corporation,
that right to vote will be limited to 25% of the rights represented in the Assembly.

< Strikethrough text UNENFORCEABLE > The following are functions of the Corporate Assembly: a. Choosing the
Governing Board established in subsections d and e of article 26 of this Law; b. Designating the tax auditor or internal auditor
of the Corporation; c. Knowing and approving the management report from the administrative department; d. Knowing and
approving the income statements of every annual period; e. Adopting the bylaws of the Corporation and the reforms
introduced therein and subjecting the same to approval by the Ministry of the Environment; f. The other functions
assigned to it under the regulations.

ARTICLE 26. GOVERNING BOARD. This is the administrative body of the Corporation, and shall be comprised of:

a. The governor or governors of the Departments subject to the jurisdiction of the Regional Autonomous Corporation or its or
their delegate(s). The governor or its delegate shall be responsible for presiding the Governing Board. In case of many
governors, the bylaws shall define the matters related to the president of the Governing Board;

b. One representative of the President of the Republic;

c. One representative of the Minister of the Environment;

d. Up to four (4) mayors from the municipalities included inside the area of jurisdiction of the Corporation, selected by the
Corporate Assembly, for periods of one (1) year by the electoral quotient system, in a way that all the Departments or regions
that comprise the corporation are represented. If the territory of the Corporation involves a plural number of Departments, this
participation shall be defined in an equal fashion in accordance with the regulations issued by the National Government to
that end;

e. Two (2) representatives from the private sector;

f. One (1) representative from indigenous communities or ethnic groups traditionally settled inside the area of jurisdiction of
the Corporation, chosen by the same;

g. Two (2) representatives from non-profit entities, domiciled in the area of jurisdiction of the Corporation. This applies when
the main object of these entities is the protection of the environment and renewable natural resources and shall be selected
by the same.

PARAGRAPH 1. Representatives in subsections f and g will be chosen in accordance with the regulations issued by the
Ministry of the Environment to that end.
PARAGRAPH 2. The formation of the Governing Boards of Regional Autonomous Corporations shall be performed in
accordance with the provisions of Law 70 of 1993.

PARAGRAPH 3. <Paragraph added in a transitional fashion by Article 4 of Decree 4629 of 2010. The new text reads as
follows:> Every expenditure decision subject to resources that come directly or indirectly from the Nation, shall count with the
favorable vote of the representative of the President of the Republic until the scheduled reconstruction and protection works
are concluded and all the victims of the winter wave have been fully assisted.

ARTICLE 27. FUNCTIONS OF THE GOVERNING BOARD. The following are functions of the Governing Board of Regional
Autonomous Corporations:

a. Proposing to the Corporate Assembly the adoption of bylaws and their reforms;

b. Determining the staff of the Corporation;

c. Arranging the participation of the Corporation in the incorporation and organization of companies or associations and
foundations or the revenues to existing ones;

d. <Subsection repealed by article 32 of Law 1150 of 2007>

e. Arranging the contracting of external credits;

f. Determining the internal structure of the Corporation, to this end, it may create, remove and merge departments and assign
to them responsibilities in accordance with the law;

g. Approving the incorporation or removal of the areas established in section 16 of article 31 of this law;

h. Authorizing the delegation of functions of the entity;

i. Approving the general activities plan and the annual investment budget;

j. Appointing the General Director of the Corporation in accordance with the following article or removing the same in
accordance with the bylaws;

ARTICLE 28. GENERAL DIRECTOR OF REGIONAL AUTONOMOUS CORPORATIONS OR SUSTAINABLE


DEVELOPMENT CORPORATIONS. <Article modified by article 1 of Law 1263 of 2008. The new text reads as follows:> The
General Director shall be the legal representative of the Corporation and its first executive authority. It shall be designated by
the Governing Board for a period of four (4) years, counted from January 1, 2012. The General Director may be reelected
once.

PARAGRAPH 1. The terms for the members of the Governing Boards established in subsections e), f) and g) of article 26 of
Law 99 of 1993 will be the same as the one of the Director of the Regional Autonomous Corporation or Sustainable
Development Corporation. Members may be reelected.

PARAGRAPH 2. The election process of Directors of Regional Autonomous Corporations and Sustainable Development
Corporations must be performed by the Governing Board in quarter prior to the initiation of the respective institutional term.
PARAGRAPH 3. The process of election of representatives of the private sectors for the Governing Board of Regional
Autonomous Corporations or Sustainable Development Corporations shall be performed by the members of their own sector.

PARAGRAPH TRANSITIONAL. <UNENFORCEABLE paragraph>

ARTICLE 29. FUNCTIONS OF THE GENERAL DIRECTOR. The functions established in the laws, regulations and
respective bylaws are responsibility of the General Directors; especially the following:

1. Guiding, coordinating and controlling the activities of the entity and exercising its legal representation;

2. Complying with and enforcing the decisions and agreements of the Governing Board;

3. Submitting for study and approval of the Governing Board the plans and programs required for the performance of the
object of the Corporation, the budgetary project, and the projects of administrative organization and staff;

4. Submitting to the Governing Board the draft internal regulations;

5. Ordering expenditures, establishing actions, performing operations and concluding contracts and agreements required for
the regular operation of the entity;

6. Constituting dignitaries or proxies to represent the Corporation in legal matters and other litigious matters;

7. Delegating to officials of the entity the performance of some functions, after receiving authorization from the Governing
Board;

8. Appointing and removing the personnel of the Corporation;

9. Administering and ensuring an adequate utilization of the goods and funds that constitute the patrimony of the Corporation;

10. Submitting reports to the Minister of the Environment in the way determined by the same with respect to the
implementation status of the functions that correspond to the Corporation and the general and periodical or specific reports
requested with respect to the activities performed and the general status of the entity;

11. Submitting to the Governing Board the reports requested regarding the implementation of the plans and programs of the
Corporation, as well as regarding its financial position in accordance with the bylaws;

12. The other functions that the bylaws of the Company assign to the same that do not contravene the Law.

ARTICLE 30. OBJECT. The object of all the Regional Autonomous Corporations will be the implementation of policies,
plans, programs and drafts on the environment and renewable natural resources, as well as applying in an adequate and
timely fashion with the current legal provisions related to its disposal, administration, management and utilization. This in
accordance with the regulations, guidelines and directives issued by the Ministry of the Environment.

ARTICLE 31. FUNCTIONS. Regional Autonomous Corporations shall perform the following functions:

1) Executing national policies, plans and programs in terms of environmental matters in accordance with the law approving
the National Development Plan and the National Investment Plan or by the Ministry of the Environment, as well as regional
ones entrusted upon them in accordance with the law, within the scope of their jurisdiction;
2) Exercising the function of maximum environmental authority in their area of jurisdiction, in accordance with superior laws
and in accordance with the criteria and directives established by the Ministry of the Environment;

3) Promoting and developing community participation in environmental protection programs, as well as in programs of
sustainable development and adequate management of renewable natural resources.

4) Coordinating the process of preparation of plans, programs and projects of environmental development that must be
formulated by the various bodies and entities integrated to the National Environmental System (SINA) in the areas of their
jurisdiction, especially, providing advice to Departments, districts and Municipalities of its territorial understanding in terms of
the definition of environmental development plans and their programs and projects related to the protection of the
environment and renewable natural resources. This in a way that harmony and coherence between policies and actions
adopted by the various territorial entities can be ensured;

5) Participating with the other bodies and entities with competence in their scope of jurisdiction with respect to land planning
and management processes in order for the environmental factor to be taken into account in decisions adopted;

6) Concluding contracts and agreements with territorial entities, other public and private entities and with non-profit entities
with the object of defending and protecting the environment and renewable natural resources. This in order to execute one or
some of their functions in a better way when the same are not administrative functions;

7) Promoting and performing, along with national bodies attached to and associated with the Ministry of the Environment and
with technical and scientific support entities of the National Environmental System (SINA), studies and research activities
with respect to the environment and renewable natural resources;

8) Providing advice to territorial entities with respect to the formulation of formal environmental education and executing non-
formal environmental education programs, in accordance with the directives of the national policy;

9) Granting concessions, permits, authorizations and environmental licenses required by the Law for the use, utilization or
mobilization of renewable natural resources or for the development of the activities that affect or may affect the environment.
Granting permits and concessions for forestry utilizations, concessions for the use of surface waters and groundwater and
establishing sports hunting and fishing closures;

10) Establishing in the area of their jurisdiction the permissible levels of emissions, discharge, transport or deposit of
substances, products, compounds or any other matter that may affect the environment or renewable natural resources and
prohibit, restrict or regulate the manufacturing, distribution, use, disposal or dumping of substances that degrade the
environment. .

11) Exercising the functions of evaluation, control and monitoring of the environment for activities of exploration, exploitation,
production, transport, use and storage of non-renewable natural resources, including port activities excluding the
competences attributed to the Ministry of the Environment, as well as other activities, projects or factors that generate or may
generate environmental deterioration. This function includes the issuance of the respective environmental license. The
functions established in this section shall be exercised in accordance with article 58 of this Law.

12) Exercising the functions of evaluation, control and monitoring of the environment with respect to the use of water, soil, air
and other renewable natural resources, which will include the dumping, emission or incorporation of substances or residues,
whether liquid, solid and gaseous, into any type of body of water, the air or the soil, as well as the dumping or emissions that
may harm and endanger the regular sustainable development of renewable natural resources or prevent or hinder their
utilization for other uses. These functions include the issuance of the respective environmental licenses, permits,
concessions, approvals and authorizations (salvoconductos).

13) <See Editor´s Notes> Collecting, in accordance with the law, the contributions, fees, duties, tariffs and fines related to the
use and utilization of renewable natural resources, establishing their amount in their territory of jurisdiction based on the
minimum tariffs established by the Ministry of the Environment;

14) Exercising control on the mobilization, processing and commercialization of renewable natural resources in coordination
with the other Regional Autonomous Corporations, territorial entities and other police authorities in accordance with the law
and the regulations. Issuing permits, licenses and authorizations to mobilize renewable natural resources;

15) <See Editor´s Notes> Managing, under the supervision of the Ministry of the Environment, the areas of the National
Parks System that this Ministry delegates upon the same. This management can be performed with participation from
territorial entities and the civilian society;

16) <See Editor´s Notes> <Strikethrough Text is UNENFORCEABLE> Reserving, delimiting, administering or removing, in
accordance with the terms and conditions established by the law or regulations, the integrated management districts, soil
conservation districts, forest reserves and regional natural parks, and regulating their use and operation. Managing National
Forest Reserves in their areas of jurisdiction;

17) Imposing and executing for prevention and without prejudice to the competences attributed by the law to other
authorities, the police measures and sanctioning measures provided under the law in the event of breach to the norms on
environmental protection and the renewable natural resources and demanding, subject to all relevant regulations, the
reparation for damages caused;

18) Ordering and establishing the norms and directives for the management of water basins located inside their area of
jurisdiction, in accordance with superior provisions and national policies;

19) Promoting and executing works related to irrigation, drainage, flood defense, regulation of watercourses and water
currents, and recovery of land required to defend, protect and manage water basins of their territory of jurisdiction in an
adequate manner. This in coordination with leading and implementing entities of the National Land-Planning System, in
accordance with all legal provisions and the corresponding technical studies;

For irrigation and drainage works that according to the norms and regulations require an Environmental License, the same
shall be issued by the Ministry of the Environment;

20) Executing, managing, operating and maintaining in coordination with territorial entities sustainable development
programs, projects and infrastructure works required for defense or protection purposes or for decontaminating or recovering
the environment and renewable natural resources;

21) Implementing, in coordination with the authorities from indigenous communities and with authorities of land traditionally
settled by black communities in accordance with Law 70 of 1993, programs and projects related to the sustainable
development and the management, utilization, use and conservation of renewable natural resources and the environment;

22) Establishing and operating the Environmental Information System in their area of jurisdiction. This in accordance with the
directives established by the Ministry of the Environment;
23) Performing disaster analysis, monitoring, prevention and control activities, in coordination with other competent
authorities, and assisting the same with respect to environmental aspects for the prevention and response to emergencies
and disasters; implementing with municipal or district administrations adaptation programs for urban areas in high-risk areas,
including erosion control, watercourse management and reforestation;

24) Transferring the technology resulting from research activities performed by scientific research and technical support
entities at a national level that are part of the National Environmental System (SINA), and providing technical assistance to
public and private entities, as well as to individuals, with respect to the adequate management of renewable natural
resources and the preservation of the environment. This in the manner established under the regulations and in accordance
with the guidelines established by the Ministry of the Environment;

25) Imposing, distributing and collecting the valuation contributions that must be imposed on real estate properties due to the
execution of public works by Corporations. Establishing the other duties that may be charged in accordance with the law;

26) Providing advice to territorial entities with respect to the preparation of environmental projects that must be developed
with resources from the National Royalties Fund or with others with a similar purpose;

27) Acquiring private properties and patrimonial goods in public-law entities and implementing with competent judges the
expropriation of goods, after exhausting the stage of direct negotiation and when this is necessary to comply with its
functions or to execute works or projects required to perform the same. Imposing all applicable easements in accordance
with the law;

28) Promoting and executing water supply programs for indigenous and black communities traditionally settled in their area
of jurisdiction. This shall be performed with cooperation from all competent authorities;

29) Supporting municipal councils, Departmental assemblies and councils of indigenous territorial entities with respect to the
planning functions granted by the National Constitution;

30) The other functions previously attributed to other authorities in terms of the environment and renewable natural resources
inside their respective areas of competence, as long as they do not enter in conflict with those attributed by the National
Constitution to territorial entities or are contrary to this law or to the powers vested upon the Ministry of the Environment by
the Constitution.

31) Without prejudice to the attributions of municipalities and districts with respect to the zoning and use of the soil, in
accordance with article 313 subsection seven of the National Constitution, Regional Autonomous Corporations shall establish
the general norms and the maximum densities to which house owners in suburban areas and in hills and mountains will be
subject. The purpose of this is to protect the environment and natural resources. At least 70% of the area to be developed in
those projects will be allocated to the conservation of the existing native vegetation.

32) <UNENFORCEABLE Section>

PARAGRAPH 1. Regional Autonomous Corporations that by virtue of this Law are transformed shall continue exercising the
functions attributed by the laws that established their creation and organization until the body that will assume those functions
is defined or constituted and covers activities or objects other than those established by this Law. From this point forward,
Regional Autonomous Corporations can only exercise the functions attributed to the same by the Law;

PARAGRAPH 2. After a favorable declaration of environmental viability by the Regional Autonomous Corporation of the
respective jurisdiction of the Port and Maritime General Directorate of the Ministry of Defense (DIMAR), as national maritime
authority, is responsible for granting authorizations, permits and concessions for the temporary occupation of beaches and
low water areas;

PARAGRAPH 3. When the main purpose of a Regional Autonomous Corporation is the defense and protection of the urban
environment, it may implement municipal or district urban area adaptation programs in high-risk zones. These include control
of erosion, management of watercourses and reforestation. They may also manage, administer, operate and maintain the
works executed or those that are provided or handed over by municipalities or districts to that end;

PARAGRAPH 4. Regional Autonomous Corporations shall perform their tasks in tight coordination with territorial entities and
with the bodies to which these have assigned responsibilities of their competence;

PARAGRAPH 5. Except for the provisions under section 45 of article 5 and section 9 of this article, the arrangement,
management and every other activity related to the fishing activity and its resources shall continue being responsibility of the
Ministry of Agriculture and the National Fishing and Aquiculture Institute (INPA), in accordance with the provisions under Law
13 of 1990 and Regulatory Decree 2256 of 1991;

PARAGRAPH 6. Regional Autonomous Corporations that by virtue of the new Jurisdictional distribution lose competence
over one or many municipalities will continue implementing ongoing projects until their termination during a maximum
deadline of three years.

ARTICLE 32. DELEGATION OF FUNCTIONS. Governing Boards of Regional Autonomous Corporations may delegate to
other public bodies or private legal persons, incorporated as non-profit organizations, the performance of functions, provided
that the latter case does not imply the exercise of inherent attributions of the administrative authority. The sanctioning power
cannot be delegated.

ARTICLE 33. CREATION AND TRANSFORMATION OF REGIONAL AUTONOMOUS CORPORATIONS. <See Validity
Notes> The administration of the environment and renewable natural resources shall be responsibility of Regional
Autonomous Corporations throughout the entire national territory.

The following Corporations shall maintain their current name, officees and territorial jurisdiction:

- Corporación Autónoma Regional de Risaralda (CARDER) (Regional Autonomous Corporation of Risaralda)

- Corporación Autónoma Regional de Nariño (CORPONARIÑO) (Regional Autonomous Corporation of Nariño)

- Corporación Autónoma Regional de la Frontera Nororiental (CORPONOR) (Regional Autonomous Corporation of the
Northeast Border)

- Corporación Autónoma regional del Tolima (CORTOLIMA) (Regional Autonomous Corporation of Tolima)

- Corporación Autónoma Regional del Quindio (CRQ) (Regional Autonomous Corporation of Quindio)

- Corporación Autónoma Regional de las Cuencas de los Ríos Rionegro y Nare (CORNARE) (Regional Autonomous
Corporation of the Basins of Rionegro and Nare Rivers)
- Corporación Autónoma Regional de los Valles del Sinú y San Jorge (CVS) (Regional Autonomous Corporation of the
Valleys of Sinú and San Jorge)

Create the following regional autonomous corporations:

- <Bullet modified by article 1 of Law 1938 of 2018. The new text reads as follows:>, Corporación Autónoma Regional de la
Orinoquia, Corporinoquia (Regional Autonomous Corporation of Orinoquia): its area of jurisdiction includes the Departments
of Arauca, Vichada and Casanare; the municipalities of the Department of Cundinamarca, namely: Guayabetal, Quetame,
Une, Paratebueno, Chipaque, Cáqueza, Fosca, Gutiérrez, Choachí and Ubaque; and the municipalities of Pajarito,
Labranzagrande, Paya, Pisba and Cubará of the Department of Boyacá.

- Corporación Autónoma Regional de Sucre, CARSUCRE (Regional Autonomous Corporation of Sucre): its main office will
be located in the city of Sincelejo; its area of jurisdiction will include the Department of Sucre, except for the municipalities
under the jurisdiction of the Sustainable Development Corporation of Mojana and San Jorge CORPOMOJANA.

- Corporación Autónoma Regional del Alto Magdalena CAN (Regional Autonomous Corporation of the Alto Magdalena): its
main office will be located in the city of Neiva; its jurisdiction shall include the Department of Huila;

- Corporación Autónoma Regional del centro de Antioquia, CORANTIOQUIA (Regional Autonomous Corporation of Central
Antioquia) its main office will be located in the city of Medellín; it will have jurisdiction over the municipalities of the
Department of Antioquia, excluding the territories of the municipalities that are under the jurisdiction of the Corporación para
el Desarrollo Sostenible de Urabá CORPOURABA (Sustainable Development Corporation of Urabá) and the Corporación
Autónoma Regional de las Cuencas de los Ríos Rionegro y Nare (CORNARE) (Regional Autonomous Corporation of the
Basins of Rionegro and Nare Rivers);

- Corporación Autónoma Regional del Atlántico, CRA (Regional Autonomous Corporation of the Atlantic), with main office in
the city of Barranquilla; it has jurisdiction over the Department of Atlántico;

- Corporación Autónoma Regional de Santander, CAS (Regional Autonomous Corporation of Santander): its main office will
be located in the city of San Gíl; it will have jurisdiction over the Department of Santander, excluding the municipalities that
are part of the Corporación Autónoma Regional para la Defensa de la Meseta of Bucaramanga, CDMB (Regional
Autonomous Corporation for the Defense of the Plateau of Bucaramanga);

- Corporación Autónoma Regional de Boyacá , CORPOBOYACA (Regional Autonomous Corporation of Boyacá), Its main
office will be located in the city of Tunja; it will have jurisdiction over the Department of Boyacá, except for the municipalities
of Chiquinquirá, Soboyá, San Miguel de Sema, Caldas, Buenavista and Ráquira, that are part of the CAR; the municipalities
of Pajarito, Labranzagrande, Playa, Pisba and Cubará that are part of CORPORINOQUIA; and the municipalities that are
part of the Corporación Autónoma Regional de Chivor CORPOCHIVOR (Regional Autonomous Corporation of Chivor).

- Corporación Autónoma Regional de Chivor, CORPOCHIVOR (Regional Autonomous Corporation of Chivor), will have its
main office in Gragoa and it will have jurisdiction over the municipalities of Ventaquemada, Boyacá, Turmequé, Nuevo Colón,
Ciénaga, Ramiriquí, Janesano, Tibaná, Umbita, Chinavita, Pachavita, Garagoa, La Capilla, Tenza, Sutatenza, Guateque,
Guayatá, Somondoco, Almeida, Chivor, Macanal, Santa María, San Luis de Gaceno and Campohermoso

- Corporación Autónoma Regional del Guavio, CORPOGUAVIO (Regional Autonomous Corporation of Guavio), will have
jurisdiction over the municipalities of Gachalá, Medina, Ubalá, Gama, Junín, Gachetá, Fómeque, Mámbita and Guasca in the
Department of Cundinamarca. Its office will be located in the municipality of Gachalá.
- Corporación Autónoma Regional del Canal del Dique, CARDIQUE (Regional Autonomous Corporation of Canal del Dique),
will have its office in the district of Cartagena de Indias and will have jurisdiction over the district of Cartagena de Indias and
the municipalities of Turbaco, Turbana, Arjona, Mahates, San Estanislao de Koztka, Villanueva, Santa Rosa, Santa Catalina,
Soplaviento, Calamar, Guamo, Carmen de Bolívar, San Juan, San Jacinto, Zambrano, Córdoba, María la Baja in the
Department of Bolívar;

- Corporación Autónoma Regional del Sur de Bolívar, CSB (Regional Autonomous Corporation of Southern Bolívar), will
have its main office in Magangué and will have jurisdiction over the territory of the Department of Bolívar, except for the
municipalities included in the jurisdiction of the Corporación Autónoma Regional del Canal del Dique, CARDIQUE (Regional
Autonomous Corporation of Canal del Dique);

The following corporations will change their current jurisdiction or name:

- <See Editor´s Notes> Corporación Autónoma Regional del Magdalena, CORPAMAG (Regional Autonomous Corporation of
Magdalena): its area of jurisdiction includes the territory of the Department of Magdalena, except for areas included under the
jurisdiction of the Corporación para el Desarrollo Sostenible de la Sierra Nevada de Santa Marta (Sustainable Development
Corporation of the Sierra Nevada de Santa Marta);

- <See Editor´s Notes> Corporación Autónoma Regional del Cesar, CORPOCESAR (Regional Autonomous Corporation of
Cesar): its area of jurisdiction includes the territory of the Department of Cesar, except for areas under the jurisdiction of the
Corporación para el Desarrollo Sostenible de la Sierra Nevada de Santa Marta (Sustainable Development Corporation of the
Sierra Nevada de Santa Marta);

- <See Editor´s Notes> Corporación Autónoma Regional de la Guajira CORPOGUAJIRA (Regional Autonomous Corporation
of La Guajira): its area of jurisdiction includes the territory of the Department of La Guajira, except for the areas under the
jurisdiction of the Corporación para el Desarrollo Sostenible de la Sierra Nevada de Santa Marta (Sustainable Development
Corporation of the Sierra Nevada de Santa Marta);

- Corporación Autónoma Regional de Caldas CORPOCALDAS (Regional Autonomous Corporation of Caldas): its main office
will be located in the city of Manizales; will have jurisdiction over the territory of the Department of Caldas;

- Corporación Autónoma Regional del Cauca CRC (Regional Autonomous Corporation of Cauca): its main office will be
located in the city of Popayán; will have jurisdiction over the Department of Cauca;

- Corporación Autónoma Regional del Valle del Cauca CVC (Regional Autonomous Corporation of Valle del Cauca): its main
office will be located in the city of Cali; will have jurisdiction over the Department of Valle del Cauca;

- Corporación Autónoma Regional de las Cuencas de los Ríos Bogotá, Ubaté y Suárez, CAR (Regional Autonomous
Corporation of the Basins of the Bogotá, Ubaté and Suárez Rivers): will be denominated Corporación Autónoma Regional de
Cundinamarca, CAR (Regional Autonomous Corporation of Cundinamarca) and will have jurisdiction over the Capital District
of Santafé de Bogotá and the territory of the Department of Cundinamarca, except for the municipalities under the jurisdiction
of the Regional Corporation of Guavio and the municipalities of the Department of Cundinamarca under the jurisdiction of
CORPORINOQUIA. Its area of jurisdiction includes the municipalities of Chiquinquirá, Saboyá, San Miguel de Sema, Caldas,
Buenavista and Ráquira in the Department of Boyacá. Its main office will be located in the city of Santafé de Bogotá and will
establish a secondary office in the city of Fusagasugá;
- Corporación Autónoma Regional para la Defensa de la Meseta of Bucaramanga, CDMB (Regional Autonomous
Corporation for the Defense of the Plateau of Bucaramanga): its office will be located in the city of Bucaramanga, and will
also have jurisdiction over the municipality El Payón.

PARAGRAPH 1. REGIONS WITH SPECIAL REGIME. The administration of natural resources and the environment in the
Amazon region, in Chocó, in the Sierra Nevada de Santa Marta, in the Serranía de la Macarena, in the region of Urabá, in
the Department of Archipelago de San Andrés, Providencia y Santa Catalina, and in the region of the Mojana and of San
Jorge will be responsibility of the Sustainable Development Corporations of the respective regions. These corporations shall
be organized as Regional Autonomous Corporations, with the special characteristics established by this Law to that end;

PARAGRAPH 2. REGIONAL AUTONOMOUS CORPORATIONS OF THE BASIN OF THE MAGDALENA RIVER. Regional
Autonomous Corporation with jurisdiction over riverside municipalities of the Magdalena River shall perform their functions in
coordination with the Regional Autonomous Corporation of Río Grande de la Magdalena, created with article 331 of the
Political Constitution, and will be its delegates to ensure an adequate utilization and preservation of the environment
ichthyological resources and other renewable natural resources of the river basin;

PARAGRAPH 3. MANAGEMENT OF ECOSYSTEMS THAT ARE SHARED BETWEEN VARIOUS REGIONAL


AUTONOMOUS CORPORATIONS. In cases where two or more Regional Autonomous Corporations have jurisdiction over
one ecosystem or one shared water basin, they shall constitute, in accordance with the regulations issued by the National
Government, a joint commission responsible for agreeing, harmonizing and defining policies for the corresponding
environmental management.

The National Government shall regulate the agreement procedures for an adequate and harmonious management of areas
with joint jurisdictions from Regional Autonomous Corporations and the National Parks System or Reserves.

When two or more Regional Autonomous Corporations are responsible for managing common ecosystems, their
administration shall be performed employing agreements, in accordance with the guidelines established by the Ministry of the
Environment;

PARAGRAPH 4. The Municipalities of Manta, Tibirita, Machetá, Chocontá and Sesquile that are part of the CAR, and the
municipalities of Tunja and Samacá that will be part of CORPOBOYACÁ, will be entitled through the CAR and
CORPOBOYACÁ to receive from CORPOCHIVOR, for their investment, all the resources established in articles 43 and 45 of
this Law, corresponding to the water contributions granted by the Chivor dam.

ARTICLE 34. CORPORATION FOR THE SUSTAINABLE DEVELOPMENT OF THE NORTHERN AND EASTERN
AMAZON REGION (CDA). Create the Sustainable Development Corporation of the Northern and Eastern Amazon Region
(CDA), which will be organized as a Regional Autonomous Corporation subject to the regime under this article.

The Regional Autonomous Corporation for the Sustainable Development of the Northern and Eastern Amazon Region
(CDA), in addition to the inherent functions of Regional Autonomous Corporations, shall be mainly responsible for providing
the knowledge related to the renewable natural resources and the environment of the Northern and Eastern Regions of the
Amazon and their utilization; exercising activities for promoting scientific research and transfer of technology; managing the
regional planning process for the use of the soil in order to mitigate or deactivate inadequate exploitation pressures in the
territory; fostering the integration of traditional communities that occupy the region and their ancestral methods of utilization
of nature into the process of conservation, protection and sustainable utilization of resources, and fostering the generation of
appropriate technologies with cooperation from national and international entities, aimed towards the utilization and
conservation of the resources of the Colombian Amazon Region.

The CDA shall have jurisdiction over the Departments of Vaupés, Guainía and Guaviare, its main office will be located in the
city of Puerto Inírida, and it shall have sub-offices in San José del Guaviare and Mitú. The sub-offices shall be installed within
six (6) months after the organization of the Corporation. Resources obtained by the CDA shall be distributed between the
main office and the sub-offices in equal parts.

The Governing Board shall be composed of: a. The Minister of the Environment, who shall act as president, or his/her
delegate; b. Governors of the Departments under the jurisdiction of the Corporation, or their delegates; c. Three
representatives from indigenous communities, one for each Department under the jurisdiction of the CDA Corporation, and
selected by the indigenous organizations of the region; d. One representative from the President of the Republic; e. One
representative from the mayors of the capital municipalities located under the jurisdiction of the Corporation; f. The Director of
the Amazon Scientific Research Institute (SINCHI), or his/her delegate; g. The Director of the Institute of Biological
Resources Research ¨Alexander von Humboldt¨; h. The Rector of the Universidad de la Amazonia; i. One representative
from an environmental non-government organization dedicated to the protection of the Amazon Region.

Thee members of the governing board established in subsections e, e I, shall be chosen by the Corporate Assembly through
the simple majority system from lists submitted by the respective entities or organizations, as applicable.

The Government shall ensure the resources necessary for the regular operation of the Corporation, from the resources of the
National Budget, as well as for the fulfillment of the special functions established in this article. It shall allocate a percentage
of the resources from the National Royalties Fund intended for environmental preservation purposes.

<See Editor´s Notes> Environmental licenses for purposes of mining exploitations and construction of road infrastructure and
forestry utilization permits and concessions shall be granted by the Executive Director of the Corporation, with prior
knowledge from the Governing Board and approval from the Minister of the Environment.

Transfer the patrimonial goods of the INDERENA existing inside the territory of its jurisdiction to the CDA.

ARTICLE 35. CORPORATION FOR THE SUSTAINABLE DEVELOPMENT OF THE SOUTHERN AMAZON REGION,
CORPOAMAZONIA. Create the Corporation for the Sustainable Development of the Southern Amazon Region
CORPOAMAZONIA, as a Regional Autonomous Corporation, which will be organized as a Regional Autonomous
Corporation subject to the regime established in this article.

CORPOAMAZONIA shall have jurisdiction over the territory of the Departments of Amazonas, Putumayo and Caquetá. The
main office of CORPOAMAZONIA shall be located in Mocoa in the Department of Putumayo, and it shall establish sub-
offices in the cities of Leticiad and Florencia.

Merge the Regional Autonomous Corporation of Putumayo CAP with the new Sustainable Development Corporation of the
Southern Amazon Region CORPOAMAZONIA; all the assets and liabilities of the former shall be transferred to the sectoral
office in Putumayo. The Departmental royalties currently earned by the CAP shall be allocated by CORPOAMAZONIA
exclusively for investment in the Department of Putumayo.

The Corporation for the Sustainable Development of the Southern Amazon Region CORPOAMAZONIA, in addition to the
inherent functions of Regional Autonomous Corporations, shall have the main function of promoting awareness regarding
renewable natural resources and the environment in the area of its jurisdiction and their utilization, fostering the use of
appropriate technologies and issuing provisions for the adequate management of the Amazon ecosystem under its
jurisdiction and the sustainable and rational utilization of its renewable natural resources and the environment. It shall also be
responsible for counseling municipalities with respect to the process of environmental planning and regulation of the use of
the soil and the issuance of the regulations required for the control, preservation and defense of the ecological and cultural
heritage of the territorial entities under its jurisdiction.

A main function of the Corporation is protecting the environment of the Southern Amazon Region of Colombia, as special
area of ecological reserve of Colombia, of global interest and as a one-of-a-kind receptacle of mega-biodiversity of humid
tropics. In pursuit of its object, it must foster the integration of indigenous communities that traditionally inhabited the region,
into the process of conservation, protection and sustainable utilization of resources and fostering cooperation and aid from
the international community in order to compensate the efforts of the local community employed to defend this unique
ecosystem.

The Governing Board shall be comprised of: a. The Minister of the Environment, who shall act as president, or the vice-
minister; b. Governors of the Departments included inside the area of jurisdiction of the Corporation, or their delegates; c. the
Director of the Institute for Hydrology, Meteorology and Environmental Studies (IDEAM); d. Two municipal mayors; e. Two
representatives from the indigenous communities settled in its area of jurisdiction, selected by the indigenous communities of
the region; f. The director of the Amazon Scientific Research Institute ¨SINCHI¨, or its delegate; g. A representative from non-
government environmental organizations dedicated to the protection of the Amazon Region; h. The Director of the Institute of
Biological Resources Research ¨Alexander von Humboldt¨; i. The rector of the Universidad de la Amazonía.

The members of the governing board established in subsections d and g, will be chosen by the Corporate Assembly through
the simple majority system from the lists submitted by the respective entities or organizations, as applicable.

The Government shall ensure the resources required to comply with the special functions established in this article from the
National Royalties Fund allocated to the preservation of the environment.

<See Editor´s Notes> Environmental licenses for mining operations and construction of road infrastructure and permits and
concessions of forestry utilization shall be granted by the Executive Director of the Corporation, with prior disclosure to the
Governing Board and approval from the Minister of the Environment.

Transfer to CORPOAMAZONIA the patrimonial goods of the INDERENA in the area of its jurisdiction.

ARTICLE 36. CORPORATION FOR THE SUSTAINABLE DEVELOPMENT OF THE SIERRA NEVADA DE SANTA
MARTA, CSN. <Corporation removed by article 42 of Law 344 of 1996>

ARTICLE 37. CORPORATION FOR THE SUSTAINABLE DEVELOPMENT OF THE ARCHIPELAGO DE SAN ANDRÉS,
PROVIDENCIA Y SANTA CATALINA, CORALINA. Create the Corporation for the Sustainable Development of the
Archipelago de San Andrés, Providencia y Santa Catalina (CORALINA), with main office in San Andrés (Island), as a
Regional Autonomous Corporation that in addition to its administrative functions with respect to natural resources and the
environment of the Archipelago de San Andrés, Providencia y Santa Catalina, shall exercise activities to promote scientific
research and transfer of technologies, subject to the special regime established in this Laws and in its bylaws. It shall mainly
be responsible for promoting the conservation and sustainable utilization of renewable natural resources and the
environment of the Archipelago de San Andrés, Providencia y Santa Catalina, will also lead the process of regional planning
for the use of the soil and the resources from the sea to mitigate or deactivate inadequate exploitation pressures related to
natural resources, fostering the integration of native communities that inhabit the islands and their ancestral methods of
utilizing nature into the process of conservation, protection and sustainable utilization of renewable natural resources and the
environment and for fostering, with cooperation from national and international entities, the generation of suitable
technologies for using and conserving the resources and the environment of the archipelago.
CORALINA shall have jurisdiction over the territory of the Department of Archipelago de San Andrés, Providencia y Santa
Catalina, the territorial sea and the economic zone of exclusive exploitation generated by the land portions of the
archipelago. It shall also perform the special functions determined by the Law, those assigned by the Ministry of the
Environment and the ones established in its bylaws.

The Governing Board shall be comprised of: a. The Minister of the Environment, or its delegate; b. The Governor of the
Department of Archipelago de San Andrés, Providencia y Santa Catalina, who shall act as president; c. One representative
from the President of the Republic; d. The Director of INVEMAR; e. One representative from the economic unions organized
in the Archipelago; f. One representative from agricultural and fishing artisanal production trade unions that are duly
constituted in the Archipelago; g. The Director of the General Maritime Directorate of the Ministry of Defense; h. The
members of the Board for the Protection of Natural and Environmental Resources of the Department of Archipelago de San
Andrés, Providencia y Santa Catalina, created by Law 47 of 1993.

This Governing Board shall replace the Board for the Protection of Natural and Environmental Resources of the Department
of Archipelago de San Andrés, Providencia y Santa Catalinacreated in accordance with article 23 of Law 47 of 1993, and
shall also assume the functions established in this Law assigned in Chapter V of the aforementioned Law.

The members of this Council shall be chosen for three-year terms.

The Departmental Fishing and Agriculture Board created by Law 47 of 1993 shall continue executing its functions.

The Government shall ensure the resources required to comply with the special functions established in this article from the
resources from the National Royalties Fund allocated to environmental preservation purposes.

Transfer to the CORALINA all the patrimonial goods of the INDERENA existing in the area of jurisdiction of the former.

PARAGRAPH 1. Starting on the effective date of this law, the granting of licenses and permits intended for the construction
of new commercial, hotel and industrial facilities shall be prohibited in the Municipality of Providencia, and ongoing permits of
this type shall be cancelled until a land-use management plan and a development plan for the island is approved by the
Municipality of Providencia, the Governing Board of CORALINA and the Ministry of the Environment.

PARAGRAPH 2. The Archipelago de San Andrés, Providencia y Santa Catalina shall be constituted as a biosphere reserve.
The Governing Board of CORALINA shall coordinate national and international actions to comply with this provision.

ARTICLE 38. CORPORATION FOR THE SUSTAINABLE DEVELOPMENT OF LA MACARENA. Create the Corporation for
the Sustainable Development of the Special Management Area of La Macarena, CORMACARENA, as a Regional
Autonomous Corporation that in addition to its administrative functions related to natural resources and the environment in
the Special Management area of La Macarena, biosphere reserve and flora and fauna sanctuary, shall perform promotion
activities for scientific research and transfer of technology, subject to the special regime established in this law and in its
bylaws, mainly responsible for promoting the conservation and the sustainable utilization of renewable natural resources and
the environment of the Special Management area of La Macarena. It shall also be responsible for leading the regional land-
use plan to mitigate and deactivate inadequate exploitation pressures in the territory and to foster cooperation from national
and international entities, the generation of appropriate technologies for the utilization and conservation of resources and the
environment of the Special Management area of La Macarena.

<Paragraph modified by article 2 of Law 1938 of 2018. The new txt reads as follows:> The area of jurisdiction of
Cormacarena shall include the entire territory of the Department of Meta, including the Special Management Area of La
Macarena, delimited under Decree No. 1989 of 1989, except for the zones of the Special Management Area included within
the area of jurisdiction of the Sustainable Development Corporation of the Eastern Amazon Region (CDA).

Its main branch will be located in the city of Villavicencio and will have a sub-office in the municipality of Granada,
Department of Meta.

The Corporation for the Sustainable Development of the Special Management Area of La Macarena shall perform the special
functions assigned by the Ministry of the Environment and those included in its bylaws; it shall refrain from fulfilling those that
the Ministry reserves for itself, even if they are generally assigned to Regional Autonomous Corporations.

The Nation shall have a minimum stake of 35% of the votes in the Corporate Assembly and shall be represented therein by
the Minister of the Environment or its delegate.

The Governing Board of the Corporation for the Sustainable Development of the Special Management Area La Macarena
shall be comprised of: The Minister of the Environment or its delegate, who shall act as president; b. The Governor of Meta
or its delegate; c. The Head of the Special Administrative Unit of the National Natural Parks System of the Ministry of the
Environment; d. One representative of the President of the Republic; e. Two representatives of the mayors of the
municipalities that compose the area of special management; f. One representative from non-government organizations of
non-profit legal persons mainly focused on the defense and protection of the special management area La Macarena; g. One
representative of the association of settlers of La Macarena; h. One representative from indigenous communities settled in
the special management area, who shall be chosen by the same; i. The Director of the Amazon Scientific Research Institute
¨SINCHI¨, or its delegate; j. The Director of the Institute of Biological Resources Research ¨Alexander von Humbolt¨, or its
delegate; k. Rectors of the Universidad de la Amazonía and Universidad Tecnológica de los Llanos Orientales.

The members of the governing board established in subsections e and f shall be chosen by the Corporate Assembly
employing the simple majority system from the lists submitted by the respective entities or organizations, as applicable.

PARAGRAPH. <Paragraph supplemented by article 3 of Law 1938 of 2018. The new text reads as follows:> The provisions
established in this article do not imply any recognition of land subject to border disputes in force on the issue date of this law.

ARTICLE 39. REGIONAL AUTONOMOUS CORPORATION FOR THE SUSTAINABLE DEVELOPMENT OF CHOCÓ,
CODECHOCO. Transform the National Corporation for the Development of Chocó CODECHOCO, into the Regional
Autonomous Corporation for the Sustainable Development of Chocó (CODECHOCO), which will be organized as a Regional
Autonomous Corporation subject to the regime established in this article.

The area of jurisdiction of CODECHOCO shall include the territory of the Department of Chocó.

The Regional Autonomous Corporation for the Sustainable Development of Chocó, CODECHOCO, in addition to the
functions inherent to Regional Autonomous Corporations, shall be mainly responsible for promoting awareness regarding the
renewable natural resources and the environment of the Chocó region and their utilization, fostering the use of suitable
technology and issuing provisions for the adequate management of the one-of-a-kind ecosystem of Chocó and the rational
sustainable utilization of its renewable and non-renewable natural resources, as well as advising municipalities with respect
to the process of environmental planning and regulation of the use of soils and the issuance of the regulations required to
control, preserve and defense the ecological and cultural heritage of the territorial entities.

A main function of the Corporation is protecting the environment in Chocó as a special ecological reserve area of Colombia,
of global interest and as one-of-a-kind receptacle of mega-biodiversity of humid tropics. In pursuit of its object, it shall foster
the integration of indigenous and black communities that traditionally inhabit the region into the process of conservation,
protection and sustainable utilization of resources and fostering cooperation and aid from the international community in
order to compensate for the efforts of the local community with respect to the defense of this unique ecosystem.

The main office of the Corporation shall be located in the city of Quibdó. The Governing Board shall be comprised of: a. The
Minister of the Environment, who shall act as president, or the vice-minister; b. The Governor of the Department of Chocó; c.
The Director of the Institute for Hydrology, Meteorology and Environmental Studies (IDEAM); d. Four municipal mayors, one
for each sub-region, namely: Atrato, San Juan, Costa Pacífica-Baudó and Urabá Chocoano; e. One representative from
black communities, chosen by these; f. One representative from indigenous communities, chosen by these; g. One
representative from the Departmental Association of Farming Users; h. One representative from non-government
environmental organizations; i. The Director of the Institute of Biological Resources Research ¨Alexander von Humboldt¨; j.
The director of the Institute of Environmental Research of the Pacific ¨John von Neumann¨; k. The Rector of the Universidad
del Chocó ¨Diego Luis Córdoba¨. The representation in the Governing Board cannot be delegated, and its meetings shall be
concluded inside its area of jurisdiction.

The members of the governing board established in subsections d and h shall be chosen by the Corporate Assembly
employing the simple majority system from the lists submitted by the respective entities or organizations.

The Government shall ensure the resources required to comply with the special functions described in this article using funds
from the National Royalties Fund allocated to the preservation of the environment.

<See Editor´s Notes> Environmental licenses for mining operations and road infrastructure constructions, as well as forestry
utilization permits and concessions, shall be granted by the Executive Director of the Corporation, after disclosing the same
to the governing board and receiving an approval from the Minister of the Environment.

ARTICLE 40. CORPORATION FOR THE SUSTAINABLE DEVELOPMENT OF URABÁ, CORPOURABA. Transform the
current Regional Autonomous Corporation of Urabá, (CORPOURABA), into the Corporation for the Sustainable Development
of Urabá (CORPOURABA), which will be organized as a Regional Autonomous Corporation that in addition to its
administrative functions related to the natural resources and the environment of the region of Urabá, shall be responsible for
executing global planning activities, promotion activities for scientific research and transfer of technologies, subject to the
special regime established in this law and its bylaws. It shall mainly be responsible for promoting the conservation and
sustainable utilization of biotic and abiotic resources of the region of Urabá, managing the regional planning process related
to the use of soils in order to mitigate or deactivate inadequate exploitation pressures in this territory, fostering the integration
of traditional communities that inhabit the region and their ancestral nature utilization methods into the process of
conservation, protection and sustainable utilization of resources and fostering, with cooperation from national and
international entities, the generation of technologies that are suitable for the utilization and conservation of resources and the
environment of the basin of the lower part of the Atrato; within the limits of its jurisdiction.

CORPOURABA shall have jurisdiction over the territory of the municipalities of San Pedro de Urabá, San Juan de Urabá,
Jarboletes, Mecoclí, Turbo, Vigía el Fuerte, Murindó, Apartadó, Carepa, Chigorodó, Mutatá, Uramita, Dabeiba, Frontino,
Peque, Cañasgordas, Abriaquí, Giraldo and Urrao in the Department of Antioquia. Its main office will be located in the
Municipality of Apartadó, but it may establish all the sub-offices it considers necessary.

The Corporation for the Sustainable Development of Urabá (CORPOURABA), will perform the special functions assigned to
the same by the Ministry of the Environment, as well as those established in its bylaws, and shall refrain from fulfilling the
functions that the Ministry reserves for itself, even if they are generally assigned to Regional Autonomous Corporations.

The Nation shall have a minimum stake of 35% of the votes in the Corporate Assembly and shall be represented therein by
the Minister of the Environment or its delegate.
The Governing Board shall be comprised of: a. The Minister of the Environment, who shall act as president, or its delegate;
b. The Minister of Agriculture or its delegate; c. The Governor of the Department of Antioquia; d. One representative from the
traditional indigenous communities of the region, chosen by these; e. One representative from the traditional black
communities that inhabit the region, chosen by these; f. Two representatives from the agricultural trade unions of the region;
g. One representative of the President of the Republic; h. Two representatives from the mayors of the municipalities; i. One
representative from non-government organizations included within its area of jurisdiction.

The members of the Governing Board established under subsections f, h and I shall be chosen by the Corporate Assembly
employing the simple majority system submitted by the respective entities or organizations.

ARTICLE 41. CORPORATION FOR THE SUSTAINABLE DEVELOPMENT OF LA MOJANA AND SAN JORGE,
CORPOMOJANA. Create the Corporation for the Sustainable Development of La Mojana and San Jorge
(CORPOMOJANA), as a Regional Autonomous Corporation that in addition to its administrative functions related to natural
resources and the environment in the area of La Mojana and the San Jorge River, shall perform activities of promotion of
scientific research and transfer of technologies, subject to the special regime established in this Law and in its bylaws. It shall
mainly be responsible for promoting the conservation and sustainable utilization of renewable natural resources and the
environment; this with respect to the ecosystems of the water basins of the Magdalena River, Cauca River and San Jorge
River in this region. It shall also be responsible for managing the regional soil-use planning process to mitigate and
deactivate inadequate exploitation pressures inside this territory and fostering, with cooperation from national and
international entities, the generation of technologies that are suitable for the utilization and conservation of the resources of
La Mojana and San Jorge.

CORPOMOJANA shall have jurisdiction over the area of the municipalities of Majagual, Sucre, Guaranda, San Marcos, San
Benito, La Unión and Caimito in the Department of Sucre. Its main office will be located in the municipality of San Marcos.

The Governing Board shall be comprised of: a. The Minister of the Environment or its delegate, who shall act as president, b.
The Governor of Sucre or its delegate; c. Two municipal mayors; d. The Director of the Institute for Hydrology, Meteorology
and Environmental Studies (DEAM) or its delegate; e. One representative from farming organizations; h. One representative
from non-government organizations intended for the conservation and management of natural resources; i. One
representative from duly constituted agricultural and fishing trade unions of the region.

TITLE VII.

REVENUES OF REGIONAL AUTONOMOUS CORPORATIONS

ARTICLE 42. COMPENSATORY AND RETRIBUTIVE FEES. The direct or indirect utilization of the atmosphere, water and
the soil, to introduce or dump agricultural, mining or industrial waste or residues, wastewaters or sewage waters from any
source, fumes, vapors or harmful substances caused by anthropic activities or activities promoted by humans, or economic
or service activities, regardless of whether these activities are intended for profit generation or not, shall be subject to the
payment of retributive fees for the harmful consequences of the aforementioned activities.

Fees may also be established to offset the maintenance expenses for the renewability of renewable natural resources. This
is how article 18 of Decree number 2811 of 1974 is subrogated.
The system established by the set of the following rules shall be employed to determine the costs and benefits established in
subsection 2 of article 338 of the National constitution, which shall be used as basis to calculate the compensatory and
retributive fees established in this article, created in accordance with the National Code of Renewable Natural Resources and
Environmental Protection, Decree 2811 of 1974.

a) The fee shall include the depreciation value of the resource affected;

b) The Ministry of the Environment, taking into account the social and environmental costs of the damage and the recovery
costs for the affected resources, shall define every year the basis that shall be employed to calculate the depreciation;

c) The calculation of the depreciation shall include the economic assessment of the social and environmental damages
caused by the respective activity. Social damages shall be deemed as, among others, those caused to the human health, the
landscape, the public peace, public and private goods and other goods with economic value that are directly affected by the
polluting activity. Environmental damage shall be understood as the damage that affects the regular operation of ecosystems
or the renewability of its resources and components;

d) The calculation of the costs obtained this way shall serve as basis for the definition of the tariff amount of these fees.

Based on the set of rules established in the system under the section above, the Ministry of the Environment shall apply the
following method for the definition of the costs that will serve as basis for the establishment of the tariff amount of
compensatory and retributive fees: a) Each one of the factors that affect the establishment of a fee, shall be assigned
quantitative variables that will allow for measuring the damage; b) Every factor and their variables shall have a coefficient that
will allow for weighting their participation in the set of factors and variables taken into consideration; c) Coefficients shall be
calculated taking into consideration the diversity of regions, the availability of resources, their capacity of assimilation, the
pollutant agents involved, the socioeconomic conditions of the affected population and the opportunity cost of the respective
resource; d) The factors, variables and coefficients determined this way shall be integrated into mathematic formulas that will
allow for calculating and determining the corresponding fees.

PARAGRAPH. <Paragraph modified by article 211 of Law 1450 of 2011. The new text reads as follows:> Retributive and
compensatory fees shall also apply for pollution caused above permissible limits; this without prejudice to the imposition of all
applicable preventive and sanctioning measures. The collection of this fee shall not imply the legalization of the respective
discharge under no circumstance.

PARAGRAPH 2. <Paragraph modified by article 211 of Law 1450 of 2011. The new text reads as follows:> Resources from
the collection of retributive fees shall be allocated to investment projects related to decontamination and monitoring of the
quality of the respective resource. The competent environmental authority may use up to 10% of the resources collected to
cover fee implementation and monitoring costs.

PARAGRAPH 3. <Paragraph modified by article 211 of Law 1450 of 2011. The new text reads as follows:> Resources
coming from the collection of compensatory fees shall be allocated to protect and renew the respective natural resource,
taking into consideration the directives from the Ministry of the Environment, Housing and Territorial Development, or the
person that performs its duties. The competent environmental authority may use up to 10% of the resources collected to
cover fee implementation and monitoring costs.

ARTICLE 43. WATER UTILIZATION FEES. <See Editor´s Notes> The use of water by natural or legal persons, whether
public or private, shall generate the charge of the fees established by the National Government that will be allocated for the
payment of water resource protection and renewal costs in accordance with the purposes established in article 159 of the
National Code of Renewable Natural Resources and Environmental Protection, Decree 2811 of 1974. The National
Government shall calculate and establish the applicable fees for the use of water.

The system and the method established in the article above for the definition of the costs that shall serve as basis for the
calculation and the imposition of retributive and compensatory fees shall be applied for the fee establishment procedure
indicated in this article.

PARAGRAPH 1. <Paragraph modified by article 216 of Law 1450 of 2011. The new text reads as follows:> Every project that
requires an environmental license and involves the use of water for its execution, taken directly from natural sources and for
purposes of human consumption, recreation, irrigation or any other activity, shall allocate at least 1% of the total investment
sum for the recovery, preservation, conservation and monitoring of the water basin that supplies the respective water source.
Environmental license beneficiaries must invest these resources in recovery, preservation and conservation works and
actions for the respective water basin and in accordance with the current regulations established to this end.

PARAGRAPH 2. <Paragraph modified by article 25 of Law 1930 of 2018. The new text reads as follows:> Resources from
the collection of water utilization fees shall be allocated as follows:

a) In basins with a Management and Arrangement Plan in force, these resources shall exclusively be allocated to activities of
water resource monitoring, recovery and protection defined therein;

b) For basins declared under process of planning, these resources shall be allocated for the preparation of the Management
and Arrangement Plan for the respective basin;

c) In the absence of the conditions under subsections a) and b), the resources shall be allocated to activities of protection
and recovery of the water resource defined in the planning instruments of the competent environmental authority. This shall
be performed in accordance with the directives issued by the Ministry of the Environment, Housing and Territorial
Development, or the entity that performs its duties.

The environmental authority may allocate up to ten percent (10%) of resources to cover implementation, monitoring and
follow-up expenses.

A percentage of the resources generated from the collection of the fees for the use of water shall be allocated on a priority
basis to the conservation of moorlands. This shall be performed through the subaccount established to that end in the
National Environmental Fund (Fonam) in accordance with the regulations established to this end by the Ministry of the
Environment and Sustainable Development

Resources from the application of paragraph 1 of article 43 of Law 99 of 1993, shall be allocated to the protection and
recovery of the water resource. This shall be performed in accordance with the respective Management and Arrangement
Plan of the Basin or with the formulation and adoption of the Plan.

PARAGRAPH 3. <Paragraph added by article 216 of Law 1450 of 2011. The new text reads as follows:> The fee for the use
of water shall be charged to every user of the water resource, excluding those that utilize water by operation of law, but
including those that do not count with water concessions, without prejudice to the imposition of all applicable preventive and
sanctioning measures and without implying any legalization thereof whatsoever.

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