Exhibit C-1l Page 1 of 311
File No. 11.202 LEGISLATIVE ASSEMBLY DEPARTMENT OF ARCHIVES, INVESTIGATIONS AND PROCESSING
Filed by: Representative Chavarría Aguilar
Matter: Creation of the Las Baulas de Guanacaste National Marine Park
Bill published in Item No. ______in Gazette No. 126 of July 4, 1991 Delivered to the Special Committee on the Environment Date: July 4, 1991
AFFIRMATIVE Date:______UNANIMOUS NEGATIVE Date:______AFFIRMATIVE Date: May 14, 1992 RULING MAJORITY NEGATIVE Date:______AFFIRMATIVE Date:______MINORITY NEGATIVE Date:______Report – final draft: Date:______June 12, 1995 Approved Second Debate Full Third Meeting #5 of June 21, 1995 Again to the Committee ______VETO No. ____ Publ. Item No. _____ in Gazette No. ______, ______Removed by Executive Authority on ______, ______Authorized on ______, ______RE-SEAL No. ______, ______Published in Item No. _____ in Gazette No. ______, ______ORDER No. 7524 of July 3, 1995 Authorized on July 10, 1995 Published in Item No. _____ in Gazette No. 154 of August 16, 1995 Filed on May 13, 1991 Archived on August 21, 1995
Exhibit C-1l Page 2 of 311
1
BILL
CREATION OF LAS BAULAS DE GUANACASTE
NATIONAL MARINE PARK
File No. 11.202
LEGISLATIVE ASSEMBLY:
One of the three areas in the world where the Leatherback Sea Turtle (Dermochelys coriacea) nests and reproduces is located in our country. Included in this area are Playa Grande and Playa Langosta, located in the Northern Pacific, in the cove where Cabo Velas and Tamarindo Bay are located, in the canton of Santa Cruz, in the province of Guanacaste. It is specifically due to its tourism and ecological significance that more than 10,000 tourists visit this area every year.
there are several species of flora and fauna IN the area described that are in danger of becoming extinct, among them six different species of mangrove, 117 plants, mahogany trees, guaiacum and pochote, with some of the pochote trees estimated to be more than 800 years old. Among other animals are deer, coyotes, two species of fox, jaguarundi, monkeys, howling monkeys, eyra cats, white and pink egrets, blue storks, hummingbirds, falcons and hawks. There are also two species of reptiles (caiman and American crocodile), as well as boa constrictors, which is known to be the largest snake in the world.
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The importance of this area is so great because, according to information obtained by the National Parks Foundation, the Neotropical Foundation, and currently by the Sea Turtle Rescue Program of the Ministry of Natural Resources, Energy and Mines, it has been shown that the Leatherback Turtle nests throughout the entire year, at an average of 60 turtles every night. Another three species of sea turtles also nest on those beaches: the Olive Ridley Sea Turtle (Lepidochelys olivacea), the Galápagos Green Turtle (Chelonia agassizi) and the Hawksbill Sea Turtle (Eratmochelys imbricata), of which Costa Rica is truly proud.
We must also mention the existence of several projects to build major hotel infrastructure in the area, which will have space for 1000 rooms. As a consequence of the hotel construction, lighting will be installed, and there will be accumulation of waste, the passage of people, noise from outboard motors, music, discotheques and automobiles, all of which would end up destroying this natural habitat.
For these reasons, and in accordance with the new worldwide ecological order regarding the policy to conserve and protect natural resources, this area must be protected from any destruction and alteration, so that it can be conserved.
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Based on these explanations, I submit the following bill to the representatives:
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF COSTA RICA
ORDERS:
CREATION OF LAS BAULAS DE GUANACASTE
NATIONAL MARINE PARK
ARTICLE 1. The following areas are declared to be a National Park:
The area where the current Tamarindo National Wildlife Refuge is located, plus a strip two hundred meters wide (land-based maritime zone), measured from the regular high tide line, which will extend from Punta Conjeo from Cerro Morro Hermoso or Cabo Velas, to the mouth of the Tamarindo Estuary or Rio Palo Seco, and from the mouth of the San Francisco Estuary to the extreme southern point of Playa Langosta. The park will also include Cerro Morro Hermoso, Playa Grande, Playa Ventanas, Playa Carbón, Playa Langosta, and the extent of the territorial waters of Costa Rica in Tamarindo Bay, measured between Punta Conejo and the southern end of Playa Langosta.
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ARTICLE 2. In order to comply with what is stated in this law, the competent institution will handle the expropriations of all or part of the property or properties located in the area delimited in the previous article.
ARTICLE 3. The National Park created by this law will be administered by the National Park Service of the Ministry of Natural Resources, Energy and Mines as established in Law No. 7152 of June 5, 1990, in collaboration with the respective municipalities, with advisory services from the Costa Rican Tourism Institute and from the National Geographic Institute, in relation to the functions of each institution.
ARTICLE 4. The Park will have the sources of funds that will allow it to handle its development.
ARTICLE 5. The interested municipalities will include in their budgets the amounts they believe necessary to collaborate with the Department of National Parks in anything related to maintenance of the Park.
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ARTICLE 6. In regards to expropriations, the work the property owners have done prior to the date on which the act declaring expropriation is issued will be considered as improvements.
ARTICLE 7. In the 1992 Regular Budget, the Executive Authority will include the funds necessary to acquire the lands located inside this Park, and also to help finance the expenses to protect and to manage the Park and the visiting public.
ARTICLE 8. This law takes effect on the date of its publication.
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SOLE TRANSITORY CLAUSE. While the expropriation procedure established in Article 1 of this law is under way, the Ministry of the Interior will be responsible for helping with and monitoring the property with the help of trained employees. For this end, it will use the personnel necessary in the location to conserve natural resources. Thus the use of the property is frozen.
Solón Chavarría Aguilar REPRESENTATIVE
Office of the Secretary and Drafting May 1, 1991, juc.-
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Page 7
RECORDS
LEGISLATIVE ASSEMBLY
SECRETARY
SAN JOSÉ, ON THE ______THIRTEENTH______DAY OF THE MONTH OF ______MAY______OF NINETEEN HUNDRED AND NINETY-ONE.
1 Presented on this date for the information of the Legislative 2 Assembly by Representative CHAVARRÍA AGUILAR, was the following 3 Bill, which is the matter of this file. The 4 PRESIDENT ordered it to be studied, and for a report to be prepared by the 5 Special Committee on the Environment. File No.: 6 11.202. “Creation of the Las Baulas de Guanacaste National Marine Park.” 7 8 9 10 Angelo Altamura Carriero 11 SECOND SECRETARY 12 hg 13 14 San José, on the TWENTY-FOURTH day of MAY of 15 NINETEEN HUNDRED AND NINETY-ONE, delivery was made of 16 a True and Correct Copy of Case No. 11202 in accordance 17 with paragraph six of Article Thirty-Four of the 18 Regulation for Order, Direction and Internal Discipline of the 19 Legislative Assembly, to the Department of Reference Studies and 20 Technical Services. 21 22 23 Gerardo Arroyo Quesada 24 DIRECTOR ARCHIVE, INVESTIGATION AND PROCESS 25 26
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000008
LEGISLATIVE ASSEMBLY ARCHIVE DEPARTMENT
REMIT
FILE NO. 11.202______
COMMITTEE FOR ______
PLENARY
San José, May 9, 1991
To the
Secretaries of the Board of Directors
Delivered by hand.
The undersigned requests that you remit and continue with the processing of the bill whose heading is the following: CREATION OF THE LAS BAULAS DE GUANACASTE NATIONAL MARINE PARK
Sincerely,
Representative’s Signature MR. SOLON CHAVARRÍA AGUILAR
REFERENCE
This bill is currently in the following procedural stage:
IN THE COMMITTEE IN PLENARY
ORDER OR REPORT
WITH WITHOUT
ORIGINAL: Secretary of the Board of Directors c.c.: Department of Archives, Investigation and Processing, Department of the Executive Secretary of Commissions, Representative or Interested Party.
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000009
LEGISLATIVE ASSEMBLY
SAN JOSÉ, COSTA RICA
ST.1683.91
June 4, 1991
To the Members of the Special Committee on the Environment Your Office
Dear Sirs:
In accordance with the stipulations of the Regulation on the Order, Direction and Internal Discipline of the Assembly, I am pleased to send you the LEGAL REPORT on File # 11.202, the "LAW FOR CREATION OF THE LAS BAULAS DE GUANACASTE MARINE PARK." which was prepared by Mr. Henry RODRÍGUEZ GONZALO, Parliamentary Adviser.
With nothing further at this time, we send you our very best regards.
Ms. E1ena FALLAS V. Director Department of Technical Services
Encl: Cited annex C.c.: Archive ==== J.
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000010
LEGISLATIVE ASSEMBLY
SAN JOSÉ, COSTA RICA
LEGAL REPORT */
BILL: LAW FOR CREATION OF THE
LAS BAULAS DE GUANACASTE NATIONAL MARINE PARK
File No. 11.202
I. SUMMARY OF THE BILL
As explained in the Preamble, the fundamental proposal is to protect the Leatherback Sea Turtle (Dermochelys Coriacea), which nests in the area between Playa Grande and Playa Langosta, located in the Northern Pacific area of our country. Also in the area described are several species of flora and fauna in danger of becoming extinct, among them six different species of mangrove, 117 plants, mahogany trees, guaiacum and pochote, some of the latter trees estimated to be more than 800 years old. There are also numerous animals living in the area that unquestionably enrich our fauna, and if the area is not protected from tourism companies and urban planning in general, these animals will disappear due to destruction of their habitat. Considering the foregoing, it should be added that (apart from the fact that an average of 60 Leatherback Turtles nest every night), other species, such as the Olive Ridley Sea Turtle (Lepidochlys olivacea), Galápagos Sea Turtles (Cholonia agassizi) and Hawksbill Sea Turtles (Eratmochelys imbricata), also lay their eggs in the area of interest of this Bill, which is a matter of pride for Costa Rica, according to those who are knowledgeable in the matter.
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LEGISLATIVE ASSEMBLY
SAN JOSÉ, COSTA RICA
II. LEGISLATIVE PRECEDENTS
There is no specific precedent. On the same matter, that is, on the creation of national parks, there is indeed prolific legislation, such as, for example, Law No. 5680 of November 13, 1975, through which the Tortuguero National Park was created. Among others, there is also Law No. 6794 of December 27, 1982, through which Executive Orders that created or expanded the national parks and biological reserves indicated therein were ratified as laws of the Republic (see attached photocopy of the mentioned law, Article 1).
III. REGULATORY ASPECTS
The Municipality of Santa Cruz, province of Guanacaste must be consulted on the initiative during the period provided in the Regulation on Order, Direction and Internal Discipline of the Legislative Assembly (Article 22), due to its impact and considering what is stated in number 170 in relation to 190 of the Constitution. To the extent that it is allowed to participate in administration of the Park, the Costa Rican Tourism Institute must also be consulted about the Bill. For expediency, the criteria of the National Park Service of the Ministry of Agriculture and Livestock could be provided by its Advisory Board.
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000012
LEGISLATIVE ASSEMBLY
SAN JOSÉ, COSTA RICA
IV. CONSTITUTIONAL ASPECTS
As provided in Article 45 of the Political Constitution, in relation to Number 77 of the Regulation on Order, Direction and Internal Discipline of the Legislative Assembly, in order to be approved the Bill submitted for study requires the affirmative vote of two-thirds of all the members of the Legislative Assembly. This is by virtue of the restrictions imposed (eventual expropriation) on private property.
V. MATTERS OF LEGISLATIVE PROCEDURE
Next, pertinent comments will be discussed in relation to the proposal which, unless otherwise stated, must be modified. It is as follows:
“Article 1. The creation of Las Baulas de Guanacaste National Marine Park is declared to be in the public interest, which Park will comprise the following areas: (the rest is the same).
Article 2. If the property owner or owners of the property or properties included in the description referred to in Article 1 above
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000013
LEGISLATIVE ASSEMBLY
SAN JOSÉ, COSTA RICA
do not accept the value established by Direct Taxation experts in the Ministry of the Treasury, Executive Branch, following the process established in Law No. 1371 of November 10, 1951, it will expropriate all or part of the property or properties included in the area delimited in Article One of this Law.
Article 3. The National Park that is hereby created will be administered by the National Park Service, as provided by Law No. 6084 of August 24, 1977 and its reforms, in collaboration with the Municipality of Santa Cruz and the Costa Rican Tourism Institute, where applicable for each institution…”
Article 5. Autonomous Institutions and other State entities are authorized, to the best of their abilities, to collaborate financially and materially in order to adequately manage the Park that is hereby created.
Donations made by individuals or companies for the purposes established herein will be tax deductible.”
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000014
LEGISLATIVE ASSEMBLY
SAN JOSÉ, COSTA RICA
Unless otherwise provided, that which is established in Article 6 is considered to be unnecessary, since, at the time the assessment was made, Direct Taxation experts established the amount to pay for the property or properties, in accordance with their face value.
Apart from the fact that Article 7 would not seem to be a permanent measure (or at least a large part of its text, as the content of number four is), there may be problems of constitutionality in instructing the Executive Authority on what it must include in the Budget Bill, since, due to its higher authority it is the Executive Branch, through its specialized office, that is responsible for preparation of the budget.
Furthermore, if the Executive proceeds as provided in Article 2, the text of Article 7 is thought to be redundant because if expropriations are carried out, it must, as the State must, and for the purposes of its use, maintain the expropriated asset as provided in the draft of Article 3.
If this draft is allowed, we believe it is appropriate to eliminate the date of the budget (1992), because it may be that due to the slow legislative process, this proposal is not approved prior to preparation of the Ordinary Budget Bill for 1992, which must be sent to this Assembly no later than September 1 of this year (Article 178 of the Political Constitution).
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000015
LEGISLATIVE ASSEMBLY
SAN JOSÉ, COSTA RICA
The current Article 8 would go after the Transitory Clause (if the proposal from this Department is agreed to in this manner); however, if our recommendation to eliminate Article 6 is taken into consideration, the current Article 8 would become Number 7.
Regarding the SOLE TRANSITORY PROVISION in the initiative, in principle it is thought to oppose the draft proposed in the original text for Article 6, since that rule allows “improvements” until before the “act that declares the expropriation,” while the provision under discussion in fine establishes, in the matter of interest, that “…use of the property is frozen,” obviously referring to the property that will be expropriated. In all other matters, legally and materially the idea or concern that has inspired the draft of the SOLE TRANSITORY PROVISION is confirmed with the draft proposed for Article 2 in that it allows application of the expropriation proceedings or direct purchase for the amount that the Direct Taxation experts establish, and upon taking possession of the property or properties to be expropriated, all in accordance with Law No. 1371 of November 10, 1951, known as the “Law of Expropriations of Coco,” since it was ordered to acquire the land where the new airport would be built, today named “Juan Santamaría.”
On the other hand, the fact of “freezing” a piece of property is equal to expropriating it, and if there is no payment as provided in Article 45 of the Constitution, then that “freezing” cannot occur, and the property owner can exercise all acts of ownership, use and enjoyment of the property that such condition (that of being a property owner) grants him.
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000016
LEGISLATIVE ASSEMBLY
SAN JOSÉ, COSTA RICA
Furthermore, see the Full Court in its extraordinary session of June 16, 1983, in which it decided that “…This is not dealing with a “limitation,” but rather a measure that harms the essence of the right of ownership. The limitations – or limits – that it is possible to place on property (apart from those referring to relationships of legal residence and other duties or charges discussed in the Civil Code or special laws, are those of “social interest,” which the second paragraph in Article 45 of the Constitution authorizes, and they are intended to protect interests of that type, to the benefit of all of society or some of its communities; that is to say, “limitations,” as Article 45 calls them, but not dispossession of property nor the privation of a primary attribute of ownership, because to impede the enjoyment of assets, at least in this case, is equal to a form of expropriation without having met the requirement of prior indemnity that the Political Constitution orders.”
Law No. 6794 of August 25, 1982, is attached hereto as indicated.
*1 Mr. Henry RODRIGUEZ, Parliamentary Adviser
4.VI.91.jeanne
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000017
LAWS L-223 Article 6: The Executive Authority will regulate this law within 15 days following the day on which ASODELFI submits the corresponding bill for regulation. Article 7: Asociación de Desarrollo Económico Laboral Femenino Integral (ASODELFI) [The Association for Women’s Complete Economic and Labour Development] must present the General Controller of the Republic for its approval, with the annual budget on the use of the funds that this law grants it, which funds may only be used in its programs to benefit women. Furthermore, the General Controller of the Republic will require the correct and efficient use of these resources. Article 8: This law is for the public order and enters into force as of the date of its publication. Notify the Executive Authority Legislative Assembly. San José, on the third day of August of nineteen hundred and eighty-two.
HERNÁN GARRON SALAZAR President
VICTOR HUGO ALFARO ALFARO EDGAR GUARDIOLA MENDOZA First Secretary Second Secretary Based on the reasons explained, we return Legislative Order No. 6790 without the corresponding sanction. Presidential Office. San José, on the ninth day of August of nineteen hundred and eighty-two. LUIS ALBERTO MONGE
Minister of the Treasury FEDERICO VARGAS PERALTA Board of Directors of the Legislative Assembly. San José, on the thirteenth day of October of nineteen hundred and eighty-two. In light of the fact that the Executive Authority has removed the veto filed against Legislative Order No. 6790 of the third of August of nineteen hundred and eighty-two, by means of a note dated September 27, 1982, signed by the President of the Republic and the Ministry of the Treasury, this Order is sent to the Executive Authority for the corresponding process.
HERNÁN GARRON SALAZAR President
VICTOR HUGO ALFARO ALFARO DAVID FALLAS ALVARADO First Secretary Second Deputy Secretary President of the Republic. San José, on the fourteenth day of October of nineteen hundred and eighty-two. Implement and publish. LUIS ALBERTO MONGE Minister of the Treasury FEDERICO VARGAS PERALTA No. 6794 THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF COSTA RICA ORDERS: Article 19: Ratify the Executive Orders that created or expanded the following national parks and biological reserves as laws of the Republic: a) Absoluta Cabo Blanco Natural Reserve, created by Executive Order No. 10 of October 21, 1963. b) Cahuita National Park, created by Executive Order Numbers 1236-A of December 7, 1970, and 8489-A of April 27, 1973. c) Santa Rosa National Park, created by Executive Order Numbers 1562-A of March 20, 1971, 7013-A of May 4, 1977, and 12062-A of November 13, 1980.
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L-224 LAWS ch) Islas Guayabo and Negritos Biological Reserves, created by Executive Order Number 2858-A of February 28, 1973. d) Corcovado National Park, created by Executive Order Numbers 5357-A of October 24, 1975, and 11148-A of February 5, 1980. e) Isla de Los Pájaros Biological Reserve, created by Executive Order No. 5963-A of April 28, 1976. f) Hitoy Cerere Biological Reserve, created by Executive Order No. 8351 of April 4, 1978. g) Carara Biological Reserve, created by Executive Order No. 8491-A of April 27, 1978. h) Addition to the Rincón de La Vieja National Park, pursuant to Executive Order No. 5493-A of April 27, 1978. i) Isla del Coco National Park, established by Executive Order Number 8748-A of June 22, 1978. j) Addition to the Guayabo National Monument, pursuant to Executive Order Number 11148-A of February 5, 1980. k) Palo Verde National Park, created by Executive Order No. 11541-A of May 30, 1980. 1) Addition to Manuel Antonio National Park, pursuant to Executive Order No. 11148-A of February 5, 1980. m) Addition to the Tortuguero National Park, pursuant to Executive Order Number 11148-A of February 5, 1980. n) Barra Honda National Park, delimited by Executive Order Number 10727-A of October 5, 1979. Article 2: National parks and biological reserves created by executive order will be established as such for all legal purposes, as of the time the respective order enters into force. The legal norms already established for national parks will govern in full for all of them. In no case may the Executive Authority exclude from a national park or a biological reserve any land located inside the limits indicated in the executive order that establishes it. Article 3: All of the foregoing will be without prejudice to the corresponding indemnity, according to Article 45 of the Political Constitution. Article 4: This law takes effect as of the date of its publication. Notify the Executive Authority Legislative Assembly. San José, on the ninth day of August of nineteen hundred and eighty-two.
HERNÁN GARRON SALAZAR President
VICTOR HUGO ALFARO ALFARO EDGAR GUARDIOLA MENDOZA First Secretary Second Secretary President of the Republic. San José, on the twenty-fifth day of the month of August of nineteen hundred and eighty-two. Implement and publish. LUIS ALBERTO MONGE The Minister of Agriculture and Livestock FRANCISCO MORALES HERNANDEZ. No. 6804 THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF COSTA RICA ORDERS: Article 1: Modify Article 10 of Law No. 5923 of August 18, 1976 (Law of Education and Culture Stamp Tax), so that it reads as follows: “Article 1: The product of this tax will be distributed in the following manner: a) Sixty percent will go to the University of Costa Rica. b) Thirty percent will be earmarked to finance the State Distance-Learning University.
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000019 LEGISLATIVE ASSEMBLY *** San José, Costa Rica
JCC 352-07-91
July 4, 1991
Representative Manuel A. Bolaños President of the Special Committee “For the study of problems and discussion of bills related to the ENVIRONMENT.” Delivered by hand.
Dear Sir:
Allow me to inform you that we have sent to the Committee over which you preside, File No. 11.202 “LAW FOR THE CREATION OF THE LAS BAULAS DE GUANACASTE NATIONAL MARINE PARK,” for it to undergo the appropriate proceeding.
Sincerely,
Ms. Ana Victoria Corrales ASSISTANT DIRECTOR Office of Commissions and Calculations cc: Representative Flory Soto Valeria, Secretary for the Special Committee Representative Alfredo Cruz Álvarez Representative Alejandro Soto Zúñiga Representative Marco A. González Ms. Angie Orue, Head of the Special Committee Archive File sbs
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000020
RECORDS
LEGISLATIVE ASSEMBLY
STANDING COMMITTEE FOR AGRICULTURAL MATTERS
AND NATURAL RESOURCES
San José, on the FOURTH day of JULY of nineteen hundred and NINETY-ONE.
1 On this date the Special Committee on the Environment received 2 File No. 11.202, the “Law for Creation of the 3 Las Baulas de Guancaste National Marine Park” for 4 study and report, as provided in the Regulation of the 5 Order, Direction, and Internal Discipline of the 6 Legislative Assembly 7 8 9 Angie Orué 10 Standing Committee Specialist 11 on Agricultural Matters 12 13 aon. 14 15 16 17 18 19 20 21 22 23 24 25
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000021
No. 1-35
LEGISLATIVE ASSEMBLY
COMMITTEE FOR:
MATTER: File 11.202
REPRESENTATIVE: Bolaños Salas
MAKES THE FOLLOWING MOTION:
So that the project under discussion is reported to the Municipality of Santa Cruz and MIRENEM.
SIGNATURE
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000022
RECORDS
LEGISLATIVE ASSEMBLY
STANDING COMMITTEE FOR AGRICULTURAL MATTERS AND NATURAL RESOURCES
San José, on the twenty-first day of November of nineteen hundred and ninety [illegible].
In Session No. 35 on this date, the following motion by Representative Bolaños Salas was heard, which is in regards to: “FOR THE BILL UNDER DISCUSSION TO BE DISCUSSED WITH THE MUNICIPALITY OF SANTA CRUZ AND MIRENEM.”
APPROVED.
Angie Orué Specialist
[Illegible]
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000023
STANDING COMMITTEE FOR AGRICULTURAL MATTERS
AND NATURAL RESOURCES
SPECIAL COMMITTEE ON THE ENVIRONMENT
ORDINARY SESSION
MINUTES OF MEETING NO. 35
Minutes of the ordinary meeting of the Special Committee on the Environment, held in the Room of the Standing Committee on Agricultural Matters and Natural Resources, at one-thirty in the afternoon on the TWENTY-FIRST day of November of nineteen hundred and ninety-one. The following representatives were present: BOLAÑOS SALAS, President; SOTO VALERIO, Secretary; CRUZ ÁLVAREZ; SOTO ZÚÑIGA and GONZÁLEZ SALAZAR.
ADVISOR: Mr. Henry Rodríguez
THE PRESIDENT:
Opens the session.
DISCUSSION AND APPROVAL OF MINUTES
THE PRESIDENT:
Discussion of the Minutes of Meeting Number 34.
THE SECRETARY:
Have they been sufficiently discussed?
THE PRESIDENT:
Discussed. APPROVED.
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000024
2
DISCUSSION OF BILLS
THE PRESIDENT:
Point No. 1 on the Order of the Day is in regard to the bill "Changes to Law No. 6797 of October 4, 1982, changes to the Mining Code.” This bill is in the Subcommittee.
Point No. 2 on the Order of the Day is in regard to the bill on the “Organic Law of the Environment,” Document No. 10.435. This bill is awaiting new visits according to the invitations that had been made in order for a decision to be made on the matter.
Point No. 3 on the Order of the Day is on the bill the “Law for Creation of the Las Baulas de Guanacaste National Marine Park,” Document No. 11.202.
The Secretary will read the indicated bill.
THE SECRETARY:
Bill to Create the Las Baulas de Guanacaste National Marine Park. File No. 11.202 (HE READS IT)
THE PRESIDENT:
This bill has the Report from the Division of Technical Services, which the Secretary will now read.
THE SECRETARY:
Report from the Department of Technical Services of the Legislative Assembly. (HE READS IT).
REPRESENTATIVE GONZALEZ SALAZAR:
I believe that the initiative of Representative Chavarría Aguilar is an initiative that is laid out in a bill whose objective and ultimate goal I fully share, which is the creation of an area of absolute protection in a region where, due to its conditions, it is necessary not only to preserve life and the marine animals that always go there to lay their eggs, but also due to the nature itself of the protection that is required in an area to sustain a situation that has been ongoing for thousands of years.
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3
On the other hand, the observations made by the Department of Technical Services of the Legislative Assembly imply a series of changes to the project, and furthermore, it must be enriched with the pronouncement that Court IV recently made in relation to expropriations and to the validity of the laws protecting the areas of national parks according to the interpretation of Article 45 of the Political Constitution.
From the viewpoint of drafting and formal presentation of the bill, there are some drafts that do not agree with the Political Constitution and that would allow the immediate approval of such a bill.
That is to say, perhaps taking a somewhat disorderly approach. In the first place, if it is necessary to expropriate property, the process as it is established in the law should be followed, and the area of the national park will not become a national park until the lands are acquired by the State.
This is not subterfuge or worse, rather it is a real mechanism to eliminate the problems in the majority of the areas that are currently protected from the constitutional viewpoint. I repeat, it would be to acquire the total area of the park and to establish in the regulations that if it was indeed necessary to expropriate properties it will be done in accordance with the law in force.
The recording is difficult to understand.
What is important is to establish in that same article that these lands will not become part of the National Park until the State acquires them, or they will not be transferred to the state by means of (the recording is difficult to understand).
The recording is difficult to understand.
Along another line of thought, it seems to me that we could simplify this bill and request Representative Chavarría Aguilar - considering the report from the Department of Technical Services - to modify it, including the changes they are requesting and later we will analyze it more expeditiously.
The recording is difficult to understand.
MR. HENRY RODRIGUEZ:
The recording is difficult to understand.
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4
REPRESENTATIVE GONZALEZ SALAZAR:
Another thing that seems important to me is to include financing matters in this bill. The duty of the Executive Authority to include the necessary funds in the 1991 or 1992 Budget might be difficult for the other representatives to approve.
I prefer for this article to be broader, for the funds necessary to purchase land or for expropriations to be obtained from the National Budget, or from national and international donations from public and private entities. Something more general in order to promote obtaining funds from friendly donor countries or from donor organizations interested in this type of project. By broadening the financing possibilities, the winds might be more favourable in the Legislature when it comes time to discuss and make this type of bill into a law of the Republic.
THE PRESIDENT:
With this ruling from Arenal, the concern remains that what is going to happen with the National Parks, there must be more than thirty million dollars in interest alone for all of the lands that have not been paid for. From that perspective, continuing to look at national parks is my concern.
If at this time MIRENEM and the Costa Rican State have a serious problem, it is the search for funds, pursuant to that ruling, in order to pay for the lands that comprise national parks, thus although Costa Rica is a pioneer in national parks, it is on the verge of being without them due to lack of funds to pay for them. The ruling from Court IV is quite complicated. It did not outline the interests we have today in environmental matters, because it is a serious consequence.
MIRENEM needs thirty million dollars to pay for some of the obligations included in the ruling from the Fourth Court.
MR. HENRY RODRÍGUEZ:
The report contains a series of qualifications and projections to prevent rulings made – as in the case of Arenal – from impacting the creation of this park. This means to say that the park is authorized or created, but the lands cannot be expropriated until the property owners of the lands that are going to be occupied are paid.
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000027
5
This is a cry for attention in the bill, specifically in relation to its transitory clause, as it freezes the land by saying that the Ministry of the Interior will handle it from here on out, and that it will handle it, almost means a freezing and as cited in the case law this is equal to expropriation, and this is not something that I am saying, the Full Court said this in 1983, which criteria has been used again by the Fourth Court.
The Arenal ruling implies that legislation that should not have been used was applied poorly to a specific case, which led to the destruction of the land that is on the shores of the Arenal. Thus, the mentioned Law 1371 states the following: “the proceeding will be used,” proceeding because it is considered the soundest. For example, the Executive says: “the park is declared, we are going to expropriate property because the property owners do not think that the price established by the Direct Taxation experts is a good one.” Thus the State deposits funds, the property owners withdraw them, but upon withdrawing the funds they are not waived from fighting the price premium that they believe has not been paid to them, therefore that proceeding is used because it is the fairest. It is important to correct these amendments.
THE PRESIDENT:
A motion has been presented, which the Secretary reads.
THE SECRETARY:
Motion No. 1-35 of Representative Bolaños Salas.
“FOR THE BILL UNDER DISCUSSION TO BE DISCUSSED WITH THE MUNICIPALITY OF SANTA CRUZ AND MIRENEM”
THE PRESIDENT:
The motion is discussed.
THE SECRETARY:
Has the motion been sufficiently discussed?
THE PRESIDENT:
Discussed. APPROVED. Four representatives present. Four votes in favour.
We suspend hearing about the bill until the consultations that have been approved have been carried out.
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000028
6
Let’s move on to the next chapter: STUDY OF ENVIRONMENTAL PROJECTS, SECOND PART. We are going to take advantage of this to discuss a letter that was sent to the Special Committee on the Environment, requesting legal counsel from Mr. Henry Rodríguez on the scope of its terms.
THE SECRETARY:
Note signed by Mr. Carlos Esquivel Esquivel dated November 20, 1991, which states: (Included in the Document).
THE PRESIDENT:
In consideration of the letter that has been read, a hearing will be granted once the Committee is qualified in the next meeting period.
THE PRESIDENT:
The session is ended.
(THREE TEN IN THE AFTERNOON)
REP. MANUEL A. BOLAÑOS SALAS REP. ALFREDO CRUZ ALVAREZ PRESIDENT SECRETARY
SjJ\ICH ES\ACT\amb.35**
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000029
LEGISLATIVE ASSEMBLY SAN JOSÉ, COSTA RICA
November 26, 1991
Mr. Hernán Bravo Trejos Ministry of Natural Resources Energy and Mines Delivered by hand
File No. 1.202
Dear Sir:
The Special Committee on the Environment, in its study of the bill “Law for Creation of the Las Baulas de Guanacaste National Marine Park,” Document No. 11.202, published in Gazette No. 126 of July 4, 1991, heard and approved a motion by Representative Bolaños Salas, which states:
“FOR THE BILL UNDER DISCUSSION TO BE DISCUSSED WITH THE MUNICIPALITY OF SANTA CRUZ AND MIRENEM.”
I would remind you that in accordance with Articles 18 and 22 of the Regulation on the Order, Direction and Internal Discipline of the Legislative Assembly, you have eight business days to provide your comments.
Very best regards,
Angie Orué Specialist
aon. or/car/STA CRUZ.202
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000030
LEGISLATIVE ASSEMBLY SAN JOSÉ, COSTA RICA
November 26, 1991
Mr. Gregorio Benavides Ugalde City Official Municipality of Santa Cruz By hand FAX No. 68-07-11
Dear Sir:
The Special Committee on the Environment, in its study of the bill “Law for Creation of the Las Baulas de Guanacaste National Marine Park,” Document No. 11.202, published in Gazette No. 126 of July 4, 1991, heard and approved a motion by Representative Bolaños Salas, which states:
“FOR THE BILL UNDER DISCUSSION TO BE DISCUSSED WITH THE MUNICIPALITY OF SANTA CRUZ AND MIRENEM.”
I would remind you that in accordance with Articles 18 and 22 of the Regulation on the Order, Direction and Internal Discipline of the Legislative Assembly, you have eight business days to provide your comments.
Very best regards,
Angie Orué Specialist
aon. or/car/STA CRUZ.202
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000031
Page ______
RECORDS LEGISLATIVE ASSEMBLY STANDING COMMITTEE FOR AGRICULTURAL MATTERS AND NATURAL RESOURCES
San José, on the sixth day of the month of January of nineteen hundred and ninety-two.
On this date, File No. 11.202, the “LAW FOR CREATION OF THE LAS BAULAS DE GUANACASTE NATIONAL MARINE PARK” is delivered to the Department Head. It contains thirty-one pages, duly numbered.
Angie Orué Specialist
aon. or/aut/entrega.202
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000032
LEGISLATIVE ASSEMBLY SAN JOSÉ, COSTA RICA
January 7, 1992
Ms. Ana Victoria Corrales Assistant Head Department of Commissions and Calculations By hand
Dear Madam:
According to official communication number JCL-609-13-21-91, allow me to deliver to you File No. 10.202, the LAW FOR CREATION OF THE LAS BAULAS DE GUANACASTE MARINE PARK, which contains thirty-one duly numbered pages. Act No. 35 has not been approved. Three motions not yet processed by the representatives are attached.
Very best regards,
Angie Orué Specialist Committee on Agricultural Matters
aon. or/car/10202
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000033
LEGISLATIVE ASSEMBLY
RECORDS
SPECIAL COMMITTEE ON THE ENVIRONMENT
SAN JOSÉ, ON THE SEVENTH DAY OF JANUARY OF NINETEEN HUNDRED AND NINETY- TWO.
1 On today’s date, the person in charge of the Special Standing Committee
2 for Drafting receives for the attention of the Special Committee on the
3 Environment, File 10959, and together with this document,
4 File No. 11.202, the “LAW OF CREATION OF THE LAS BAULAS DE GUANACASTE NATIONAL MARINE PARK.”
5 It contains THIRTY-TWO PAGES, duly numbered.
6
7
8
9 Ester Herrera Obando
10 Specialist
11
12 /eh
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000034
LEGISLATIVE ASSEMBLY ARCHIVES DEPARTMENT
REMIT
FILE NO. 11.202 SPECIAL COMMITTEE ON THE ENVIRONMENT PLENARY
San José, April 30, 1992
To the Secretaries of the Board By hand
The undersigned requests that you remit and continue with the process of the bill whose heading is the following: LAW FOR CREATION OF THE LAS BAULAS DE GUANACASTE NATIONAL MARINE PARK.
Sincerely,
Representative’s Signature Representative Manuel Antonio Bolaños Salas
REFERENCE
This bill is in the following procedural stage:
IN THE COMMITTEE
ORDER OR REPORT
WITH
ORIGINAL: Secretary of the Board of Directors c.c.: Department of Archives, Investigation and Processing, Department of the Executive Secretary of Commissions, Representative or Interested Party.
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000035
No. 1
LEGISLATIVE ASSEMBLY
COMMITTEE FOR THE: Environment
MATTER: File 10.959
REPRESENTATIVE: Bolaños Salas
MAKES THE FOLLOWING MOTION:
For File 11.202 to move to first place in the Order of the Day
Signature
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000036
No. 2
LEGISLATIVE ASSEMBLY
COMMITTEE FOR ______
MATTER: Bill to Create the Las Baulas de Guanacaste National Marine Park
REPRESENTATIVE: BOLAÑOS SALAS Solón Chavarría
MAKES THE FOLLOWING MOTION: For Article 1 of the bill to read as follows: “Create the Las Baulas de Guanacaste National Park whose boundaries, according to the Villarreal and Matapalo map pages, on a scale of 1:50,000 of the National Geographic Institute, will be the following: Starting from a point located at coordinates N 259.100 and E 332.000, continue along a straight line until reaching an imaginary line that is parallel to the coast and 125 meters away from the regular high tide line. The boundary then continues along this imaginary line in a south easterly direction, until ending at the point of coordinates N 255.000 and E 335.050. This National Park will also include the estuaries of Tamarindo, Ventanas and San Francisco and their mangroves; the hill located
Signature
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000037
No. ______
LEGISLATIVE ASSEMBLY
COMMITTEE FOR ______
MATTER:
REPRESENTATIVE:
MAKES THE FOLLOWING MOTION: immediately behind Playa Ventanas, Cerro El Morro, Isla Capitán, Isla Verde, the public area of 50 meters measured from the regular high tide line between Punta San Francisco and the territorial waters of Tamarindo Bay, included between Punta Conejo and the extreme southern point of Playa Langosta, up to the regular high tide line.
Signature
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000038
No. 3
LEGISLATIVE ASSEMBLY
SPECIAL COMMITTEE FOR THE: Environment
MATTER:
REPRESENTATIVE: Solón Chavarría
MAKES THE FOLLOWING MOTION: For this text to be included as Article No. 2, and to correct the numbering. “Within the demarcation of this national park, the provisions and prohibitions established for national parks in Law Number 6084 of August 24, 1977 will apply."
Signature
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000039
No. 5
LEGISLATIVE ASSEMBLY
COMMITTEE FOR THE: Environment
MATTER: File 11202
REPRESENTATIVE: Bolaños Salas
MAKES THE FOLLOWING MOTION: To eliminate the sole transitory provision and Article 6, and to correct the numbering.
Signature
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000040
No. 4
LEGISLATIVE ASSEMBLY
SPECIAL COMMITTEE FOR THE: Environment
MATTER:
REPRESENTATIVE Solón Chavarría
MAKES THE FOLLOWING MOTION: For Article 7 of the bill to read as follows: “The Executive Authority will include funds to acquire lands in this National Park in the 1992 Ordinary Budget. Furthermore, for this end it may use, in the account that the Ministry of Natural Resources, Energy and Mines believes to be appropriate, the bonds from Section 2 of Article 32 of Law No. 7216 of December 19, 1990.
Signature
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000041
No. 6
LEGISLATIVE ASSEMBLY
COMMITTEE FOR THE: Environment
MATTER: File No. 1.202
REPRESENTATIVES: Bolaños S, Cruz Alvarez, Soto Valerio
MAKE THE FOLLOWING MOTION: For Article 7 of the bill to read as follows: Article 7: The financing for acquisition of the lands that are the object of this law, will be done using funds from the National Budget of the Republic, and from public or private donations, whether national or international, given for this purpose.
Signature
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000042
No. 7
LEGISLATIVE ASSEMBLY
COMMITTEE FOR THE: Environment
MATTER: File No. 1.202
REPRESENTATIVES: Bolaños Sales, Cruz Alvarez, and Soto Valerio
MAKE THE FOLLOWING MOTION: For Article 8 to be read as follows, and to correct the numbering of Article 8: The private land contained in the above demarcation will be subject to expropriation and will be considered part of the Las Baulas National Marine Park until they are acquired by the State, through purchase, by means of donations or expropriations. In the meantime, the property owners will enjoy the full exercise of all attributes of ownership.
Signature
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000043 LEGISLATIVE ASSEMBLY RECORDS
San José, on the fourteenth day of May of nineteen hundred and ninety-two.
1 In Session No. 37 on today’s date. The Special Committee on the Environment
2 discussed the following motions:
3 Motion No. 1 (1-37) by Representative Bolaños Sales: “SO THAT
4 FILE 11.202 WILL MOVE TO FIRST PLACE ON THE ORDER OF THE DAY.
5 APPROVED.
6 Motion No. 2 (2-37) by Representative Solón Chavarria: “SO THAT ARTICLE 1 OF THE
7 BILL WILL READ AS FOLLOWS: CREATE THE LAS BAULAS DE GUANACASTE
8 NATIONAL PARK. WHOSE BOUNDARIES, ACCORDING TO THE VILLAREAL AND
9 MATAPALO MAP PAGES SCALE 1:50,000 OF THE NATIONAL GEOGRAPHIC
10 INSTITUTE WILL BE THE FOLLOWING: STARTING FROM A POINT LOCATED AT
11 THE COORDINATES N 259.100 AND E 332.000 CONTINUE ALONG A STRAIGHT LINE
12 UNTIL REACHING AN IMAGINARY LINE PARALLEL TO THE COAST AND 125
13 METERS AWAY FROM THE ORDINARY HIGH TIDE LINE. CONTINUE ALONG THE
14 BOUNDARY CREATED BY THIS IMAGINARY LINE, IN A SOUTH EASTERLY
15 DIRECTION UNTIL ENDING AT THE POINT OF COORDINATES N 255.000 AND
16 E 335.050.//THIS NATIONAL PARK WILL ALSO INCLUDE THE TAMARINDO,
17 VENTANAS AND SAN FRANCISCO ESTUARIES AND THEIR MANGROVES. THE HILL
18 LOCATED IMMEDIATELY BEHIND PLAYA VENTANAS. CERRO EL MORRO. ISLA
19 CAPITÁN. ISLA VERDE. THE PUBLIC AREA OF 50 METERS MEASURED FROM THE
20 ORDINARY HIGH TIDE LINE. BETWEEN PUNTA SAN FRANCISCO AND THE SAN
21 FRANCISCO ESTUARY AND THE TERRITORIAL WATERS OF THE TAMARINDO BAY,
22 BETWEEN PUNTA CONEJO AND THE EXTREME SOUTHERN POINT OF PLAYA
23 LANGOSTA TO THE ORDINARY HIGH TIDE LINE. APPROVED.
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000044
2 1 Motion No. 3 (3-37) from Representative Solon Chavarria: So that this 2 text will be included as Article No. 2, and to correct the numbering: 3 inside the demarcation of this National Park. The 4 provisions and prohibitions established for the 5 National Parks in the Law will be in force. Number 6084 of August 24, 1977. 6 DISMISSED 7 Motion No. 5 (4-37) of Representative Bolaños Salas: “IN ORDER TO 8 REMOVE THE SOLE TRANSITORY PROVISION AND ARTICLE 6 AND CORRECT THE 9 NUMBERING. APPROVED 10 Motion No. 4 (5-37) by Representative Solon Chavarria: “So that 11 Article 7 will be read as follows: The Executive Authority 12 will include in the ordinary budget for the year 1992, funds to 13 acquire lands in this National Park. Furthermore, 14 for this purpose, in the account that the Ministry of Natural Resources, 15 Energy and Mines believes appropriate, the bonds 16 from section 2, Article 32 of Law 7216 of 17 December 19, 1990 may be used. REJECTED. 18 Motion No. 6 (6-37) of Representatives Bolaños Salas, Cruz Álvarez and 19 Soto Valerio: “SO THAT ARTICLE 7 WILL READ AS 20 FOLLOWS: ARTICLE 7: THE FINANCING FOR ACQUISITION OF THE LANDS 21 THAT ARE THE OBJECT OF THIS LAW WILL BE DONE USING FUNDS FROM THE 22 NATIONAL BUDGET OF THE REPUBLIC AND FROM PUBLIC OR PRIVATE, 23 NATIONAL OR INTERNATIONAL DONATIONS, PROVIDED FOR THAT PURPOSE. 24 APPROVED 25 Motion No. 7 (7-37) of Representatives Bolaños Salas, Cruz Álvarez and 26 Soto Valerio: SO THAT ARTICLE 8 WILL READ AS FOLLOWS
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000045
3 1 AND SO THE NUMBERING WILL BE CORRECTED: ARTICLE 8: THE PRIVATE LANDS 2 LOCATED INSIDE THE FOREGOING DELIMITATION WILL BE SUBJECT TO 3 EXPROPRIATION AND WILL BE CONSIDERED PART OF THE LAS BAULAS NATIONAL 4 MARINE PARK UNTIL THEY ARE ACQUIRED BY THE STATE, THROUGH PURCHASE, 5. DONATIONS OR EXPROPRIATIONS. MEANWHILE THE PROPERTY OWNERS WILL 6 ENJOY FULL EXERCISE OF ALL THE RIGHTS OF OWNERSHIP.” 7 APPROVED 8 Next, the President submitted the bill to a vote and 9 it was unanimously approved by those present. (Four representatives 10 present, four votes in favour). Representative Cruz Álvarez was put in charge 11 of drafting the report. The President ordered 12 the Document to be sent to Executive Management for the corresponding 13 processing. 14 15 16 Ester Herrera Obando 17 Specialist 18 19 alc
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000046
SPECIAL STANDING DRAFTING COMMITTEE
SPECIAL COMMITTEE ON THE ENVIRONMENT
ORDINARY SESSION MINUTES OF MEETING NO. 37
Minutes of the meeting held by the Special Committee on the Environment, at two o'clock in the afternoon on the fourteenth day of January of nineteen hundred and ninety-two. The following representatives were present: BOLAÑOS SALAS. President: SOTO VALERIO, Secretary. GONZALEZ SALAZAR and CRUZ ALVAREZ.
THE PRESIDENT:
Opens the session.
A. DISCUSSION AND APPROVAL OF MINUTES
Discussion of Minutes of Meeting Number 36.
THE SECRETARY:
Have the minutes been sufficiently discussed?
THE PRESIDENT:
Discussed. APPROVED.
(A BREAK OF 15 MINUTES IS ORDERED)
B. DISCUSSION OF PROJECTS
A motion has been presented, which the Secretary proceeds to read.
THE SECRETARY:
Motion No. 1 (1-37) by Representative Bolaños Salas:
SO THAT FILE 11.202 WILL MOVE TO FIRST PLACE ON THE ORDER OF THE DAY.
THE PRESIDENT:
The motion is discussed.
THE SECRETARY:
Sufficiently discussed?
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000047
2 MINUTES OF MEETING NO. 37
THE PRESIDENT:
Discussed.
Four representatives present. UNANIMOUSLY APPROVED.
In accordance with the approved motion, we will now move on to discuss the text of the bill that Madame Secretary will read.
THE SECRETARY:
She reads the bill LAW FOR CREATION OF THE LAS BAULAS DE GUANACASTE NATIONAL MARINE PARK. FILE NO. 11.202.
The report from Technical Services is also read, which is included in the document.
THE PRESIDENT:
Various motions have been presented. Madame Secretary will please read them.
THE SECRETARY:
Motion No. 2 (2-37) from Representative Solón Chavarría:
SO THAT ARTICLE 19 WILL READ AS FOLLOWS: THE LAS BAULAS DE GUANACASTE NATIONAL MARK IS CREATED, WHOSE LIMITS, ACCORDING TO VILLARREAL AND MATAPALO MAP PAGES, SCALE 1:50,000 OF THE NATIONAL GEOGRAPHIC INSTITUTE WILL BE THE FOLLOWING: STARTING FROM A POINT LOCATED AT THE COORDINATES N 259.100 AND E 332.000, CONTINUE ALONG A STRAIGHT LINE UNTIL REACHING AN IMAGINARY LINE THAT IS PARALLEL TO THE COAST AND 125 METERS AWAY FROM THE ORDINARY HIGH TIDE LINE. THE BOUNDARY THEN CONTINUES ALONG THIS IMAGINARY LINE IN A SOUTH EASTERLY DIRECTION UNTIL ENDING AT COORDINATE POINTS N 255.000 AND 3.335.050.//THIS NATIONAL PARK WILL ALSO INCLUDE THE TAMARINDO, VENTANAS AND SAN FRANCISCO ESTUARIES AND THEIR MANGROVES: THE HILL LOCATED IMMEDIATELY BEHIND PLAYA VENTANAS. CERRO EL MORRO. ISLA CAPITÁN, ISLA VERDE, THE PUBLIC AREA OF 50 METERS MEASURED FROM THE REGULAR HIGH TIDE LINE. BETWEEN PUNTA SAN FRANCISCO AND THE SAN FRANCISCO ESTUARY, AND THE TERRITORIAL WATERS OF TAMARINDO BAY. INCLUDED BETWEEN PUNTA CONEJO AND THE EXTREME SOUTHERN POINT OF PLAYA LANGOSTA. UP TO THE REGULAR HIGH TIDE LINE.
THE PRESIDENT:
Discussion of the motion read previously.
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000048
3 MINUTES OF MEETING NO. 37
THE SECRETARY:
Sufficiently discussed?
THE PRESIDENT:
Discussed.
Four representatives present. UNANIMOUSLY APPROVED.
THE SECRETARY:
Motion No. 3 (3-37) by Representative Solón Chavarría:
For this text to be included as Article Number 2, and for the numbering to be corrected: inside the boundaries of this National Park, the provisions and prohibitions established for National Parks in Law Number 6084 of August 24, 1977 will be in force.
THE PRESIDENT:
The motion is discussed.
THE SECRETARY:
Sufficiently discussed?
THE PRESIDENT:
Discussed.
Four representatives present. UNANIMOUSLY REJECTED.
THE SECRETARY:
Motion No. 5 (4-37) by Representative Bolaños Salas:
IN ORDER TO REMOVE THE SOLE TRANSITORY PROVISION AND ARTICLE 6, AND TO CORRECT THE NUMBERING.
THE PRESIDENT:
The motion is discussed.
THE SECRETARY:
Sufficiently discussed?
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000049
4 MINUTES OF MEETING NO. 37
THE PRESIDENT:
Discussed.
Four representatives present. UNANIMOUSLY APPROVED. -
THE SECRETARY:
Motion No. 4 (5-37) by Representative Solón Chavarría:
So that Article 7 will read as follows: The Executive Authority will include funds to acquire lands in this National Park in the 1992 regular budget. Furthermore, the bonds from section 2, Article 22 of Law 7216 of December 19, 1990, in the account that the Ministry of Natural Resources, Energy and Mines considers to be appropriate, may be used for this purpose.
THE PRESIDENT:
The motion is discussed.
THE SECRETARY:
Sufficiently discussed?
THE PRESIDENT:
Discussed.
Four representatives present. UNANIMOUSLY REJECTED.
THE SECRETARY:
Motion No. 6 (6-37) by Representatives Bolaños Salas, Cruz Álvarez and Soto Valerio:
SO THAT ARTICLE 7 WILL READ AS FOLLOWS: ARTICLE 7: FINANCING FOR ACQUISITION OF THE LANDS THAT ARE THE OBJECT OF THIS LAW WILL BE DONE WITH FUNDS FROM THE NATIONAL BUDGET OF THE REPUBLIC, FROM PUBLIC OR PRIVATE DONATIONS, WHETHER NATIONAL OR INTERNATIONAL, GIVEN FOR THIS PURPOSE.
THE PRESIDENT:
The motion is discussed.
THE SECRETARY:
Sufficiently discussed?
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00050
5 MINUTES OF MEETING NO. 37
THE PRESIDENT:
Discussed.
Four representatives present. UNANIMOUSLY APPROVED.
THE SECRETARY:
Motion No. 7 (7-37) by Representatives Bolaños Salas, Cruz Álvarez and Soto Valerio:
SO THAT ARTICLE 8 WILL READ AS FOLLOWS AND SO THAT THE NUMBERING WILL BE CORRECTED: ARTICLE 8: THE PRIVATE LANDS INSIDE THE FOREGOING DELIMITATION WILL BE SUBJECT TO EXPROPRIATION AND WILL BE CONSIDERED PART OF THE LAS BAULAS NATIONAL MARINE PARK UNTIL THEY ARE ACQUIRED BY THE STATE. BY PURCHASE, THROUGH DONATIONS OR EXPROPRIATIONS. IN THE MEANTIME THE PROPERTY OWNERS WILL ENJOY FULL EXERCISE OF ALL THE ATTRIBUTES OF OWNERSHIP.
THE PRESIDENT:
The motion is discussed.
THE SECRETARY:
Sufficiently discussed?
THE PRESIDENT:
Discussed.
Four representatives present. UNANIMOUSLY APPROVED.
With no further motions, we move on to discussion of the background information on the bill.
As there are no comments on the background of the project, we submit it to a vote.
THE SECRETARY:
Sufficiently discussed?
THE PRESIDENT:
The representatives who are in agreement with approval of Document No. 11.202, “Creation of the Las Baulas de Guanacaste National Marine Park,” four representatives present. UNANIMOUSLY APPROVED.
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000051
6 MINUTES OF MEETING NO. 37
Representative Alfredo Cruz Bolaños is commissioned to draft the corresponding report.
The meeting is ended.
(TWO FORTY IN THE AFTERNOON)
Manual A. Bolaños Salas Fiory Soto Valerio President Secretary
Drafting Committee Feb. 15, 1992 alc** Rev eh**
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000051-A COMMITTEES DEPARTMENT HEAD OF COMMITTEES REVIEW OF DOCUMENTS AND REPORTS
COMMITTEE: Special Committee on the Environment
BILL: Creation of the Las Baulas de Guanacaste National Marine Park.
FILE: 11.202
OBSERVATIONS: Page 33 (records) This document should say: On today’s date, the undersigned responsible for handling the Special Standing Drafting Committee, receives for handling, the...
VOTED ON: May 14, 1992 FOR REVIEW: May 18, 1992
REVIEWED BY: Ms. Ana Victoria Corrales A.______
REPORT
Majority in Favour
OBSERVATIONS:
Make the corrections indicated in the basic draft.
Send a copy of the signed order.
Send a copy of the delivery order to Executive Management with date of receipt.
Return the basic draft to archives.
Prepared by: Ester Herrera______, Specialist.
DELIVERY DATE: May 19, 1992 RECEIVED ______
REVIEWED BY: Ms. Ana Victoria Corrales A.______
READ BY:
nam.
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000052
LEGISLATIVE ASSEMBLY
San José, Costa Rica
SPECIAL COMMITTEE TO STUDY PROBLEMS AND DISCUSS BILLS ON THE ENVIRONMENT
AFFIRMATIVE REPORT FROM THE MAJORITY
LAW FOR CREATION OF THE LAS BAULAS DE GUANACASTE
NATIONAL MARINE PARK
FILE NO. 11.202
MAY 14, 1992
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000053
File No. 10.202 2
SPECIAL COMMITTEE TO STUDY PROBLEMS AND DISCUSS BILLS ON THE ENVIRONMENT
AFFIRMATIVE REPORT FROM THE MAJORITY
LAW FOR CREATION OF THE LAS BAULAS DE GUANACASTE NATIONAL MARINE PARK
Document No. 11.202
LEGISLATIVE ASSEMBLY:
The undersigned representatives, members of the Special Committee to Study Problems and Discuss Bills on the Environment, provide an AFFIRMATIVE REPORT FROM THE MAJORITY on the bill “Creation of the Las Baulas de Guanacaste National Marine Park,” published in Gazette No. 126 of July 4, 1991.
The Committee was given the task of studying the bill, and heeding the suggestions of the Department of Technical Services it introduced some changes in the text in order to clarify it and to avoid the problems indicated in the legal report from that Department. Furthermore, in order to comply with the Regulation on the Order, Direction and Internal Discipline of the Legislative Assembly, the Ministry of Natural Resources, Energy and Mines, and the Municipality of Santa Cruz were consulted.
In light of the following considerations, the Committee decided to give an affirmative report on this bill: One of the three areas in the world where the Leatherback Sea Turtle (Dermochelys coriacea) nests and reproduces is located in our country. Inside this area are Playa Grande and Playa Langosta, located in the Northern Pacific, in the cove that includes Cabo Velas and Tamarindo Bay, in the canton of Santa Cruz, in the province of Guanacaste. It is specifically due to its tourism and ecological significance that more than 10,000 tourists visit this area every year.
In the area described, there are several species of flora and fauna in danger of becoming extinct, among them six different species of mangrove, 117 plants, mahogany trees, guaiacum and pochote, some of the latter trees estimated to be more than 800 years old. Among other animals are deer, coyotes, two species of fox, jaguarundi, monkeys, howling monkeys, eyra cats, white and pink egrets, blue storks, hummingbirds, falcons and hawks.
SPECIAL COMMITTEE ON THE ENVIRONMENT
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There are also two species of reptiles (caiman and American crocodile), as well as boa constrictors, which is known to be the largest snake in the world.
The importance of this area is so great because, according to information obtained by the National Parks Foundation, the Neotropical Foundation, and currently by the Sea Turtle Rescue Program of the Ministry of Natural Resources, Energy and Mines, it has been shown that the Leatherback Turtle nests throughout the entire year, at an average of 60 turtles every night.
Another three species of sea turtles also nest on those beaches: the Olive Ridley Sea Turtle (Lepidochelys olivacea), the Galápagos Green Turtle (Chelonia agassizi) and the Hawksbill Sea Turtle (Eratmochelys imbricata), of which Costa Rica is truly proud.
We must also mention the existence of several projects to build major hotel infrastructure in the area, which will have space for 1000 rooms. Consequently, lighting will be installed, and there will be accumulation of waste, the passage of people, noise from outboard motors, music, discotheques and automobiles, all of which would destroy this natural habitat.
For these reasons, and in accordance with the new worldwide ecological order regarding the policy to conserve and protect natural resources, this area must be protected from any destruction and alteration, so that it can be conserved.
Therefore, we submit the following text for consideration by the Legislature.
SPECIAL COMMITTEE ON THE ENVIRONMENT
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THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF COSTA RICA
ORDERS:
CREATION OF THE LAS BAULAS DE GUANACASTE NATIONAL MARINE PARK
ARTICLE 1. The Las Baulas de Guanacaste National Park is created, whose limits, according to the Villareal and Matapalo map pages, scale 1:50,000 of the National Geographic Institute, will be the following: starting from a point located at the coordinates N 259.100 and E 332.000, continue along a straight line until reaching an imaginary line that is parallel to the coast and 125 meters away from the ordinary high tide line. The boundary then continues along this imaginary line, in a south easterly direction, until ending at the coordinates point N 255.000 and E 335.050.
This National Park will also include the Tamarindo, Ventanas and San Francisco Estuaries and their mangroves; the hill located immediately behind Playa Ventanas, Cerro El Morro, Isla Capitán, Isla Verde, the public area of 50 meters measured from the regular high tide line, between Punta San Francisco and the territorial waters of Tamarindo Bay between Punta Conejo and the extreme southern point of Playa Langosta, up to the regular high tide line.
ARTICLE 2. In order to comply with this Law, the competent institution will handle the expropriations of all or part of the property or properties located in the area delimited in the previous article.
ARTICLE 3.The National Park created by this bill will be administered by the National Park Service of the Ministry of Natural Resources, Energy and Mines as established in Law No. 7152 of June 5, 1990, in collaboration with the respective municipalities, with advisory services from the Costa Rican Tourism Institute and from the National Geographic Institute, in relation to the functions of each institution.
ARTICLE 4. The Park will have the resources that will allow it to handle its development.
SPECIAL COMMITTEE ON THE ENVIRONMENT
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ARTICLE 5.The interested municipalities will include in their budgets the amounts they believe necessary to collaborate with the Department of National Parks in anything related to maintenance of the Park.
ARTICLE 6. The financing for acquisition of the lands that are the object of this law, will be done using funds from the National Budget of the Republic, and from public or private donations, whether national or international, given for this purpose.
ARTICLE 7. The private land contained in the above demarcation will be subject to expropriation and will be considered part of the Las Baulas National Marine Park until they are acquired by the State, through purchase, by means of donations or expropriations. In the meantime, the property owners will enjoy the full exercise of all attributes of domain.
ARTICLE 8. This law takes effect on the date of its publication.
Issued in the Special Committee to Study Problems and Discuss Bills on the Environment, on the fourteenth day of May of nineteen hundred and ninety-two.
Manuel Antonio Bolaños Salas Flory Soto Valerio President Secretary
Alfredo Cruz Álvarez Marco Antonio González Salazar
Representatives
/eh**
May 18, 1992
SPECIAL COMMITTEE ON THE ENVIRONMENT
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LEGISLATIVE ASSEMBLY
REPORTS
SPECIAL COMMITTEE ON THE ENVIRONMENT
SAN JOSÉ, ON THE TWENTY-SECOND DAY OF MAY OF NINETEEN HUNDRED AND NINETY- TWO.
1 On today’s date the Special Committee on the Environment, delivered to Executive Management, the
2 Affirmative Report from the Majority regarding the Bill on “CREATION OF THE LAS BAULAS
3 DE GUANACASTE NATIONAL MARINE PARK,”
4 File No. 11.202.” It contains fifty-seven pages, duly numbered.
5
6
7
8
9 Ester Herrera Obando
10 Specialist
11
12 /eh
Executive Management received from the Department of Commissions and Calculations, the Affirmative Report from the Majority with respect to the following bill: “Creation of the Las Baulas de Guanacaste National Marine Park.” File No. 11.202, at nine thirty-five in the morning, on the twenty- second of May of nineteen hundred and ninety-two. It contains fifty-seven pages.
Prof. Oscar Gutiérrez González
Executive Director a.i.
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RECORDS
LEGISLATIVE ASSEMBLY
SECRETARY
SAN JOSÉ, ON THE thirtieth DAY OF THE MONTH OF July OF NINETEEN HUNDRED AND ninety- two.
1 In a meeting on this date, No. 32, the following motion 2 was discussed and approved: 3 BY THE REPRESENTATIVES, PARTY HEADS: 4 “…TO CHANGE THE ORDER OF THE DAY AND TO DISCUSS, 5 STARTING AT 1:30 P.M., AND CONTINUING UNTIL 3:00 P.M., 6 THE ATTACHED BILLS…” 7 8 9 10 11 Eliseo Vargas Garcia 12 FIRST SECRETARY 13 14 15 16 17 18 19 20 21 22 sjr 23 24 25
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59 No.______
LEGISLATIVE ASSEMBLY
MATTER: Change to the Order of the Day.
REPRESENTATIVE: Party Heads.
MAKE THE FOLLOWING MOTION: To change the order of the day and to discuss, starting at 1:30 p.m. and continuing until 3:00 p.m., the bills that are attached. those documents are waived from the process of the corresponding report being read.
Signature
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1) FILE #11.488. AUTHORIZATION TO THE SAN JOSÉ BOARD OF SOCIAL PROTECTION TO GIVE FIFTY MILLION COLONES TO THE YOUTH SYMPHONY ASSOCIATION, AND TWENTY MILLION COLONES TO THE FOUNDATION OF FRIENDS OF THE NATIONAL THEATER. (U)
2) FILE #10.944.AUTHORIZATION TO THE COSTA RICAN INSTITUTE OF THE PACIFIC TO SET ASIDE ONE LOT AND DONATE IT TO THE ASSOCIATION COMMITTEE FOR MATERIAL AND CULTURAL IMPROVEMENT OF THE CALLE FLORES NEIGHBOURHOOD. (L)
3) FILE #11.465. GRANT OF LEGAL STATUS AS A COMPANY TO THE OLYMPIC COMMITTEE OF COSTA RICA. (U)
4) FILE #11.461. AUTHORIZATION TO THE COSTA RICAN SOCIAL SECURITY INSTITUTE TO SELL A LOT THAT IT OWNS TO COOPERATIVA DE AHORRO Y CREDITO Y SERVICIOS MÚLTIPLES DE LOS EMPLEADOS DEL SISTEMA HOSPITALARIO NACIONAL (CACEJUPS) [THE COOPERATIVE FOR SAVINGS AND CREDIT AND MULTIPLE SERVICES FOR THE EMPLOYEES IN THE NATIONAL HOSPITAL SYSTEM]. INITIATIVE OF REPRESENTATIVES CASTRO RETANA, BOLAÑOS SALAS, AND OLSEN BECK.
5) FILE #10.990. CREATION OF MANDATORY SOCIAL SERVICE FOR ALL PROFESSIONALS. (L)
6) FILE #11.313. MUNICIPAL TARIFF TAX FOR THE CANTON OF SAN RAMÓN DE ALAJUELA. (L)
7) FILE #11.137. MUNICIPAL TAX TARIFF FOR THE CANTON OF CENTRAL DE PUNTARENAS (U)
8) FILE #10.893. DECLARE MR. ANTONIO PICADO GUERRERO TO BE AN OUTSTANDING PATRIOT. INITIATIVE OF REPRESENTATIVES CORRALES BOLAÑOS, CHACON JIMENEZ.
9) FILE #11.114. MUNICIPAL TARIFF TAX FOR THE CANTON OF FLORES, HEREDIA. (U)
10) FILE #11.076. EXTENSION OF THE WATER CONCESSION IN FAVOUR OF JUNTA ADMINISTRATIVA DEL SERVICIO ELÉCTRICO DEL CARTAGO (JASEC) [THE ADMINISTRATIVE BOARD FOR ELECTRICITY SERVICE FOR CARTAGO]. (L)
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11) FILE #11.064. DECLARE A PROTECTIVE AREA FOR CERRO LAS CRUCES DE NICOYA, GUANACASTE. (U)
12) FILE #11.320. ADDITION OF NUMBER 5 TO ARTICLE 47 OF THE GENERAL LAW OF PUBLIC ADMINISTRATION. (L)
13) FILE #11.314. APPROVAL OF THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENTS, SIGNED IN NEW YORK CITY ON FEBRUARY 4, 1985. (U)
14) FILE #11.469. APPROVAL OF THE LOAN AGREEMENT BETWEEN BANCO INTERNACIONAL DE COSTA RICA LIMITED AND THE GOVERNMENT OF THE REPUBLIC OF COSTA RICA. (U)
15) FILE #11.202. CREATION OF THE LAS BAULAS DE GUANACASTE NATIONAL MARINE PARK. (U)
16) FILE #11.215. MODIFICATION TO THREE ARTICLES IN THE LAW OF FINANCIAL ADMINISTRATION OF THE REPUBLIC. (L)
17) FILE #11.278. AUTHORIZATION FOR ASOCIACIÓN PROGUARDERIA INFANTIL [THE ASSOCIATION FOR CHILD PROTECTION] OF THE MINISTRY OF PUBLIC WORKS AND TRANSPORTATION TO SELL A PIECE OF PROPERTY THAT IT OWNS. (U)
18) FILE #11.455. AUTHENTIC INTERPRETATION OF PARAGRAPH ONE OF ARTICLE FIVE, OF LAW NO. 5508 OF APRIL 17, 1974 (RECOPE). (U)
19) FILE #11.436. EXONERATION OF DELAY FINE AND INTEREST FOR SMALL PALM PRODUCERS IN THE CANTON OF CORREDORES. INITIATIVE OF REPRESENTATIVES ALTAMURA CARRIERO, AVILA CASTRO.
20) FILE #11.284. MUNICIPAL TAX TARIFF FOR THE CANTON OF COTO BRUS, PUNTARENAS. INITIATIVE OF REPRESENTATIVES AVILA CASTRO, ALTAMURA CARRIERO.
21) FILE #11.445. MUNICIPAL TARIFF TAX FOR THE CANTON OF SARAPIQUI. (U)
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22) FILE #11.080. CREATION AND OPERATION OF LOCAL FISHERMEN COMMITTEES (COLOPES).
23) FILE #11.035. APPROVAL OF THE PROTOCOL FOR AMENDMENT OF PERPETUAL FRIENDSHIP BETWEEN THE GOVERNMENT OF COSTA RICA AND THE GOVERNMENT OF SPAIN. (L)
NO 24) FILE #11.170. AUTHORIZATIONS, TRANSFER OF PROPERTIES AND EXONERATION FROM TAXES FOR PUBLIC AND PRIVATE NON-PROFIT INSTITUTIONS. INITIATIVE OF REPRESENTATIVES BOLAÑOS ALPIZAR, CORDERO GAMBOA, SOTO ZÚÑIGA.
25) FILE #10.738.MODIFICATION TO ARTICLE 94 OF THE ORGANIC LAW OF THE SUPREME COURT OF ELECTIONS AND OF THE CIVIL REGISTRY, NO. 3504 OF MAY 10, 1965, AND ITS MODIFICATIONS. (L)
26) FILE #10.367. MODIFICATION OF SEVERAL ARTICLES IN LAW NO. 2281 OF OCTOBER 29, 1958 AND ITS MODIFICATIONS. (LAW OF MUTUAL AID OF THE JUDICIAL AUTHORITY). (L)
27) FILE #10.971. MORATORIUM ON PAYMENT OF LOANS OBTAINED FOR DEVELOPMENT OF ECONOMIC ACTIVITIES AND FOR THE FINANCING OF DWELLINGS IN THE CANTONS OF PURISCAL AND MORA. (L)
28) FILE #11.172. MODIFICATION TO LAW NO. 2901 OF NOVEMBER 24, 1961 AND ITS MODIFICATIONS (CREATION OF THE MAGON, AQUILEO J. ECHEVERRÍA AND JOAQUÍN GARCÍA MONGE AWARDS) (U)
29) FILE #10.528. APPROVAL OF THE INTERNATIONAL TELECOMMUNICATIONS CONVENTION OF NAIROBI, 1982. (L)
30) FILE #10.916. APPROVAL OF THE CONVENTION ESTABLISHING THE MULTILATERAL GUARANTEE AGENCY. (U)
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32) FILE #10.759. MODIFICATION TO ARTICLES 106, 152, 209, 212, 216, 384, SECTIONS 1 AND 9 OF THE CRIMINAL CODE, ARTICLES 421, 474 AND 475 OF THE CRIMINAL PROCEDURAL CODE; CREATION OF THE SUPERIOR COURT OF CRIMINAL CASSATION AND MODIFICATION TO ARTICLES 4 AND 6; ANNULMENT OF ARTICLES 7 AND 12 OF THE LAW OF THE PRESS, NO. 7, OF MAY 15, 1906 AND ITS MODIFICATIONS. (L)
33) FILE #11.126. SPECIAL COMMITTEE NAMED TO STUDY AND PRESENT ALTERNATIVES TO THE RAILROAD. (L)
34) 10991 – MODIFICATION TO ARTICLE 17 OF LAW 5582 OF OCTOBER 1974
35) 10446 – EXONERATION OF PAYMENT OF TAXES, RATES AND SURCHARGES TO LIBYANS
36) 11437 – AUTHORIZE THE MUNICIPALITY OF CORREDORES TO EXONERATE TENANTS FROM THE MARKET
37) 11153 – LAW FOR DEFENSE OF THE ELDERLY
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64
REMIT
FILE NO. 11.202 COMMITTEE FOR: Dist. PLENARY X
San José, April 27, 1993
To the Secretaries of the Board of Directors
Delivered by hand.
The undersigned requests that you remit and continue with the process of the bill whose heading is the following:
Creation of the Las Baulas de Guanacaste National Marine Park.
Sincerely,
Representative’s Signature Manuel Antonio Bolaños Salas
REFERENCE
This bill is in the following procedural stage:
IN THE COMMITTEE X IN PLENARY
ORDER OR REPORT
X WITH WITHOUT
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65
REMIT
FILE NO. Special Committee on the Environment. PLENARY
San José, May 3, 1993
To the
Secretaries of the Board of Directors
Delivered by hand.
The undersigned requests that you remit and continue with the process of the bill whose heading is the following: Creation of the Las Baulas de Guanacaste National Marine Park.
Sincerely,
Representative’s Signature EMMANUEL AJOY CHAN
REFERENCE
This bill is in the following procedural stage:
X IN THE COMMITTEE IN PLENARY
ORDER OR REPORT
X WITH WITHOUT
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66
REMIT
FILE NO. 11.202 COMMITTEE FOR: Dict. PLENARY x
San José, April 27, 19893 [sic]
To the
Secretaries of the Board of Directors
Delivered by hand.
The undersigned requests that you remit and continue with the process of the bill whose heading is the following: CREATION OF THE LAS BAULAS DE GUANACASTE NATIONAL MARINE PARK.
Sincerely,
Ms. Gladys Rojas Prado. Representative’s Signature
REFERENCE
This bill is in the following procedural stage:
IN THE COMMITTEE X IN PLENARY
ORDER OR REPORT
X WITH WITHOUT
ORIGINAL: Secretary of the Board of Directors
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67 LEGISLATIVE ASSEMBLY ARCHIVE DEPARTMENT
REMIT
FILE NO. 11.202 COMMITTEE FOR: Dist. PLENARY x
San José, May 3, 198 1993 [sic]
To the
Secretaries of the Board of Directors
Delivered by hand.
The undersigned requests that you remit and continue with the process of the bill whose heading is the following:
“CREATION OF THE LAS BAULAS DE GUANACASTE NATIONAL MARINE PARK.”
Sincerely,
Representative’s Signature
REPRESENTATIVE OVIDIO PACHECO SALAZAR
REFERENCE
This bill is in the following procedural stage:
IN THE COMMITTEE IN PLENARY
ORDER OR REPORT
WITH WITHOUT
ORIGINAL: Secretary of the Board of Directors c.c.: Department of Archives, Investigation and Processing, Department of the Executive Secretary of Commissions, Representative or Interested Party.
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68 LEGISLATIVE ASSEMBLY ARCHIVE DEPARTMENT
REMIT
FILE NO. 11202 SPECIAL COMMITTEE FOR THE ENVIRONMENT PLENARY x
San José, May 3, 1993
To the
Secretaries of the Board of Directors
Delivered by hand.
The undersigned requests that you remit and continue with the processing of the bill whose heading is the following: LAW OF CREATION OF THE LAS BAULAS DE GUANACASTE NATIONAL PARK.
Sincerely,
Mr. Solon Chavarria Aguilar Representative’s Signature
REFERENCE
This bill is in the following procedural stage:
IN THE COMMITTEE X IN PLENARY
ORDER OR REPORT
X WITH WITHOUT
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October 26, 1993 P-818-10-1993
Ms. Sara Torres M. Secretary Legislative Assembly Board S______D
Dear Madam:
As per instructions from the President of the Legislative Assembly, attached please find the original of the transcript of the agreement made by the Municipality of Santa Cruz, Guanacaste, in Meeting No. 66-93, Chapter III, Article 4, Section 7, held on September 7, 1993.
The purpose of the foregoing is so that it will be included in the corresponding file.
Very best regards,
Beverly Gutiérrez Vargas Head of Scheduling of the President’s Office
laura. cc: Ms. Elsy Cascante Gutierrez Secretary Municipality of Santa Cruz, GuanacasteArchive
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MUNICIPALITY OF SANTA CRUZ, GUANACASTE THE FOLKLORIC CITY OF COSTA RICA
OFFICIAL COMMUNICATION
SM 828-66-93
September 22, 1993
Mr. Danilo Chaverri Legislative Assembly Delivered by hand.
Dear Sir:
By means of this document, allow me to bring to your attention the agreement of the Municipal Board, reached in Regular Session No. 66-93, Chapter III, Article 4, Section 7, dated September 7, 1993.
THE FOLLOWING WAS UNANIMOUSLY AGREED TO: To file the bill on the CREATION OF THE LAS BAULAS DE GUANACASTE PARK with the President of the Legislative Assembly so that he can facilitate the process of approval of that bill, as it is very important for protection of the Leatherback Turtle, which is in danger of becoming extinct. Also in regard to the sources of revenues that it will bring to our canton.
We remain very truly yours,
BY THE MUNICIPAL BOARD OF ADMINISTRATION FOR THE CANTON OF SANTA CRUZ, GUANACASTE
ELSY OASCANTE GUTIERREZ MUNICIPAL SECRETARY
ECG/nhr. CC/Angel Angulo A. CC/Arch.
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71 LEGISLATIVE ASSEMBLY ARCHIVE DEPARTMENT
REMIT
FILE NO. 11202 COMMITTEE FOR: PLENARY
San José, May 2, 1994
To the Secretaries of the Board of Directors
Delivered by hand.
The undersigned requests that you remit and continue with the processing of the bill whose heading is the following:
CREATION OF THE LAS BAULAS DE GUANACASTE NATIONAL MARINE PARK
Sincerely,
RODOLFO MENDEZ MATA Representative’s Signature
REFERENCE
This bill is in the following procedural stage:
IN THE COMMITTEE X IN PLENARY
ORDER OR REPORT
X WITH WITHOUT
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72 LEGISLATIVE ASSEMBLY ARCHIVE DEPARTMENT
REMIT
FILE NO. 11202 COMMITTEE FOR: PLENARY x
San José, May 2, 1995
To the Secretaries of the Board of Directors
Delivered by hand.
The undersigned requests that you remit and continue with the processing of the bill whose heading is the following: Creation of the Las Baulas de Guanacaste National Marine Park.
Sincerely,
Representative’s Signature BERNAL ARAGON B.
REFERENCE
This bill is in the following procedural stage:
IN THE COMMITTEE X IN PLENARY
ORDER OR REPORT
WITH WITHOUT
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73 LEGISLATIVE ASSEMBLY ARCHIVE DEPARTMENT
REMIT
FILE NO. 11202 COMMITTEE FOR: PLENARY
San José, May 2, 1995
To the
Secretaries of the Board of Directors
Delivered by hand.
The undersigned requests that you remit and continue with the processing of the bill whose heading is the following: CREATION OF THE LAS BAULAS DE GUANACASTE NATIONAL MARINE PARK
Sincerely,
Representative’s Signature Luis Antonio Martínez Ramírez
REFERENCE
This bill is in the following procedural stage:
IN THE COMMITTEE IN PLENARY
ORDER OR REPORT
WITH WITHOUT
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RECORDS
LEGISLATIVE ASSEMBLY
SECRETARY OF THE BOARD OF DIRECTORS
San José, on the twenty-ninth day of May of nineteen hundred and ninety-five.
In Session No. 17, on this date, the following motion, presented by Representatives Villanueva Monge and Aragón Barquero, was discussed and APPROVED. It states: “SO THAT, IN ACCORDANCE WITH ARTICLE 160 OF THE REGULATION ON THE ASSEMBLY, THE FOLLOWING BILLS ARE DELEGATED TO THE FULL LEGISLATIVE COMMISSIONS, BY THEIR ORDER: FIRST FULL LEGISLATIVE COMMITTEE: FILE 10.159, TOURISM DEVELOPMENT IN THE CANTON OF NICOYA. SECOND FULL LEGISLATIVE COMMITTEE: FILE 10.957, POLITICAL RISK INSURANCE FOR FOREIGN AND COSTA RICAN INVESTORS. THIRD FULL LEGISLATIVE COMMITTEE: FILE 11.202, CREATION OF THE LAS BAULAS DE GUANACASTE NATIONAL MARINE PARK.
Álvaro Azofeifa Astria SECRETARY
stm
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MOTION
MATTER: MOTION TO DELEGATE
THE REPRESENTATIVES: PARTY HEADS
MAKE THE FOLLOWING MOTION: “So that, in accordance with Article 160 of the Regulation of the Assembly, the following bills are delegated to the Full Legislative Commissions, by their order:
FIRST FULL LEGISLATIVE COMMITTEE: File 10.159, Tourism Development in the Canton of Nicoya.
SECOND FULL LEGISLATIVE COMMITTEE: File 10.957. Political risk insurance for foreign and Costa Rican investors.
THIRD FULL LEGISLATIVE COMMITTEE: File 11.202. Creation of the Las Baulas de Guanacaste National Marine Park.
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76 LEGISLATIVE ASSEMBLY OF COSTA RICA DEPARTMENT OF MINUTES MINUTES OF MEETING NO. 017
AT 4:00 P.M. ON MAY 29, 1995 REGULAR SESSION – SECOND LEGISLATURE (From May 1, 1995 to April 30, 1996)
BOARD OF DIRECTORS
Antonio Alvarez Desanti PRESIDENT
Alvaro Azofeifa Asttia Manuel Antonio Barrantes Rodriguez FIRST SECRETARY SECOND SECRETARY
REPRESENTATIVES PRESENT
Alban Lopez, Mary Diez Martin, Anabella Piszk Felnzilber, Sandra Alvarez Gonzalez, Mario Fernandez Alvarado, Carlos Manuel Roman Trigo, Luis Alejandro Alvarez Murillo, Victor Eduardo Fajardo Salas, Gonzalo Salas Araya, Alexander Aragon Barquero, Bernal Fournier Origgi, Hernan Sanchez Valverde, Marla Lidya Araya Paniagua, Gerardo Fuentes Gonzalez, Humberto Solis Fallas, Ottón Arguedas Rivera, Guillermo Garrón Figuls, Ricardo Solis Piedra, Leonel Benavides Benavides, Bernardo Gomez Calderon, Marlene Trejos Salas, Gerardo Bravo Trejos, Heiman Gonzalez Ulloa, Rolando Urcuyo Fournier, Constantino Brenes Castillo, Juan Guillermo Gonzalez Villalobos, Orlando Ureña Ureña, Oscar Brenes Gómez, Rodolfo Gutierrez Schwanhauser, Rodrigo Valverde Acosta, Carmen Maria Brenes Rojas, Victor Julio Jimenez Succar, Juan Luis Vazquez Badilla, Lorena Cañas Escalante, Alberto F. Lobo Solera, Jose Antonio Velásquez Acuña, José Ramón Carazo Zeledón Mario Méndez Mata, Rodolfo Villalta Fernández, Rafael Angel Castilblanco Vargas, Edelberto Morera Avila, Claudio Villanueva Monge, Luis Gerardo Cole Scarlett, Teddy Núñez Torres, Víctor Hugo Weisleder Weisleder, Saúl Coto Molina, Walter Obando Venegas, Roberto Zumbado Arias, José Roberto Corrales Blanco, María Elsy Ortíz Meseguer, María Luisa Chaves Ovares, Alejandro Pacheco Fernández, Francisco Ant.
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THE PRESIDENT: Admitted 23 Formation of the Special Committee that will study the project 23
FIRST SECRETARY: First reading of the “Modification to Article 16 of the Political Constitution,” File No. 12.267 23
FIRST SECRETARY: Request to schedule bills on the docket 24
FIRST SECRETARY: Motion to delegate to Committees with Full Legislative Authority 26 C. FIRST DEBATE
THE PRESIDENT: Modification to section (5) of Article 139 of the Political Constitution, File No. 9823 26 FIRST SECRETARY: Reading of the motion 26 The President 27 Rep. Gonzalo Fajardo Sales______27 Rep. Carlos Ml. Fernandez Alvarado______28 Rep. Bernardo Benavides Benavides______28 Rep. Walter Coto Molina______29 Rep. Teddy Cole Scarlett______30 Rep. José Antonio Lobo Solera______30
SECOND PART OF THE SESSION
D. APPOINTMENTS, RESIGNATIONS AND OATHS
THE PRESIDENT: Oath of Mr. Bernardo Van Der Laat, as Substitute Magistrate of the Supreme Court of Justice______31
E. CORRESPONDENCE REPORT THE PRESIDENT: Partial veto to Legislative Order No. 7507, called “System of complementary pensions and reforms to the Law Regulating the Securities Market and the Code of Commerce” 31 Request for extension 33 Approved 33 Request for extension 33 Approved 33 FIRST SECRETARY: Motion – several representatives 33 THE PRESIDENT: Rejected 34 Rep. Bernal Aragón Barquero______34 Rep. Alberto F. Cañas Escalante______34 Rep. Luis Gdo. Villanueva Monge______35 Rep. Roberto Obando Venegas______36 Rep. Mario Carazo Zeledón______36 Rep. Ricardo Garrón Figuls ______
Legislative Assembly – Department of Minutes - Minutes of Plenary Session No. 17 of May 29, 1995
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PRESIDENT ANTONIO ALVAREZ DESANTI:
The requests read previously are scheduled on the docket.
There is a motion to delegate, presented by the party heads that the First Secretary will read:
FIRST SECRETARY, ÁLVARO AZOFEIFA ASTUA:
From Representatives Aragón Barquero and Villanueva Monge:
“So that, in accordance with Article 160 of the Regulation of the Assembly, the following bills are delegated, by their order, to the Full Legislative Committees: First Full Legislative Committee: File 10.159, Tourism Development in the Canton of Nicoya. Second Full Legislative Committee: File 10.957, Political Risk Insurance for Foreign and Costa Rican Investors. Third Full Legislative Committee: File 11.202. Creation of the Las Baulas de Guanacaste National Marine Park.”
Has the motion that was read been sufficiently discussed?
PRESIDENT ANTONIO ALVAREZ DESANTI:
Discussed. I would ask the representatives to take their seats. This motion for delegation requires 38 votes for approval. I would ask the representatives who are in the area next to the meeting room to please return. There are 46 representatives present. I would ask the ushers who are at the doors to proceed as established. This motion requires 38 votes. I would ask the representatives who agree with approval of the motion to delegate signed by party heads Aragón Barquero and Villanueva Monge, to indicate their agreement by standing. UNANIMOUSLY APPROVED.
FIRST DEBATE
Under discussion, the bill to modify section (5) of Article 139 of the Political Constitution, File 9823.
First, there is a motion signed by several representatives, at the initiative of Representative Fajardo Sales, which the First Secretary will read. Mr. Representative, you will have the floor as soon as the motion is read.
FIRST SECRETARY, ÁLVARO AZOFEIFA ASTUA:
Legislative Assembly of the Republic of Costa Rica. File No. 9823, initiative of Mr. Gonzalo Fajardo Sales, who makes the following motion:
“So that section (5) of Article 139 of the Political Constitution will read as follows: The President of the Republic may leave the country; to do so he must communicate in advance with the Legislative Assembly regarding the reasons for his trip."
Legislative Assembly – Department of Minutes - Minutes of Plenary Session No. 17 of May 29, 1995
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REPORTS
LEGISLATIVE ASSEMBLY
SECRETARY
San José, on the thirtieth day of May of nineteen hundred and ninety-five.
On today’s date, the Secretary of the Board delivers to the Third Full Legislative Committee, the bill for File No. 11.202. It comprises one volume with 79 pages, duly numbered.
Sara Torres Meckbel ASSISTANT TO THE BOARD OF DIRECTORS
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LEGISLATIVE ASSEMBLY SAN JOSÉ, COSTA RICA
RECORDS
THIRD STANDING COMMITTEE WITH FULL LEGISLATIVE POWER
SAN JOSÉ, THE THIRTY-FIRST OF MAY OF NINETEEN HUNDRED AND NINETY-FIVE
On today’s date, File No. 11.202, the “Law for Creation of the Las Baulas de Guanacaste National Marine Park” is delivered to the Department of Commissions for the respective processing. It contains 79 pages.
Nery Agüero Montero EXECUTIVE ASSISTANT
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LEGISLATIVE ASSEMBLY SAN JOSÉ, COSTA RICA
THIRD STANDING COMMITTEE WITH FULL LEGISLATIVE POWER REPORT ON THE BILL TO CREATE THE LAS BAULAS DE GUANACASTE MARINE PARK
FILE NO. 10.202 DATE OF THE REPORT: APRIL 30, 1995 ICP3-02-95/EM
BACKGROUND:
The bill is received in the Office of the Secretary of the Board on May 1, 1991, upon the initiative of former representative Solón Chavarria Aguilar. The bill is transferred to the Special Committee on the Environment. It is studied by Representatives Manuel Antonio Bolaños, Flory Soto Valerio, Alfredo Cruz Álvarez and Marco Antonio González Salazar on May 14, 1992.
CONSULTATIONS
The bill has the report from the Department of Technical Services of the Legislative Assembly. Also included in the file are the consultations held with the Municipality of Santa Cruz and the Ministry of Natural Resources, Energy and Mines (MIRENEN). It is important to note that none of the consultations made by the Government and Administrative Committee were answered in time (8 days), in accordance with Articles 126 and 157 of the Regulation of the Legislative Assembly.
REGARDING THE FOUNDATION
First: The bill seeks to create the “Las Baulas de Guanacaste, Villareal and Matapalo National Park." That area includes the Tamarindo, Ventanas and San Francisco Estuaries and their
DM_VAN/292688.00001/8801363.1 Exhibit C-1l Page 84 of 311 82 mangroves, Cerro El Morro, Isla Capitán, Isla Verde, the San Francisco Estuary [sic] and the territorial waters of Tamarindo Bay between Punta Conejo and the extreme southern point of Playa Langosta. In turn, specialized institutions are authorized to handle the necessary expropriations in order to create the National Park.1
It should be noted that regarding the matter of restriction to private property (possible expropriation), the Standing Committee with Full Legislative Power could be prevented from hearing this type of matter, because such a situation marks limitations to ownership, which would require a qualified vote, that is to say, two-thirds of all members of the Legislative Assembly.2
However, the undersigned states that such limitations do not prevent the Committee from processing the bill, since Article Seven of the report specifies that the land “subject to expropriation” will be part of the Las Baulas National Park, until they are acquired by the State, by purchase, through donations or through expropriations. In the meantime, the property owners will enjoy full exercise of all rights of ownership.” 3 There is an entire administrative proceeding to handle this, and reiterated criteria explained in judgments of the Constitutional Court that protect due process. 4
Second: A motion has been presented with replacement text that introduces substantial changes to the bill, such as the distribution of possible revenues for the purpose of charging entry to the National Park, based on Executive Order number 20515 of June 5, 1991.
______
1 Article 2 of the bill. “In order to comply with what is stated in this law, the competent institution will handle the expropriations of all or part of the property or properties located in the area delimited in the previous article.”
2 Article 45 of the Political Constitution. “Property is inviolable; no one may be deprived of their property if it is not legally proved to be in the public interest, upon indemnity in accordance with the law... For reasons of public necessity, through a vote of two-thirds of all of its members, the Legislative Assembly may impose limitations on property in the social interest."
3 Article 7 of the bill.
4 Vote No. 917-90 of the Constitutional Court at 2:20 p.m. on August 8, 1990, and Vote No. 976-91 of the Constitutional Court at 3:10 p.m. on April 26, 1991.
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Distribution of the revenues obtained will be distributed in a ratio of 50% to the National Parks Fund, and another 50% will go to the Gran Chorotega Foundation. In turn, the aforementioned foundation will distribute the funds equitably for the creation “of sustainable development” of the communities surrounding the National Park that is created, which communities are: Matapalo, Salinas, Villarreal, Tamarindo, Brasilito, Huacas, La Garita, Santa Rosa and San José Pinilla.
The changes introduced in the replacement text violate Articles 176, 177, 180 and 185 of the Political Constitution in relation to the concept of the Sole Treasury of the State. In that regard, it is not possible to grant a special process, as proposed, due to the fact that the Ministry of Natural Resources, Energy and Mines (MIRENEN) administers the National Parks Fund, thus the revenues that are received in this fund must be included in the Ministry’s budget and therefore in the General Budget of the Republic.
In that regard:
" …the Representatives should remember the importance of the control that the Legislative Assembly has over public expenses. The creation of these figures eliminates the control and eliminates powers of the first power of the Republic…
There are currently in-depth discussions on the need for the legislative body to approve the budget of decentralized entities… The budgetary principles contained in the Political Constitution and in the Law of Financial Administration of the Republic are limited by the creation of these entities with their own legal standing..."5
______
5 File 11.805. "Law of Reforms to the Organic Law of the Federal Attorney General's Office. Report prepared by Mr. Eladio González Solis, a member of the Second Standing Committee with Full Legislative Power.
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As a last point, it is important to remember the vote of the Constitutional Court that indicates the inappropriateness of including powers that are equal to nearly full administrative autonomy; for the specific case under discussion, the fact of protecting its own funds. In this regard:
...…if the judge chooses to decentralize an entity from a Government Portfolio, he cannot provide it with its own legal and independent standing according to the terms of decentralized administration, while the holder of the Portfolio integrates with the President of the Republic the constitutional body "Executive Power," which is its necessary hierarch; unless the judge chooses to create a true institution, decentralized or autonomous, which, in any event, would require for its creation a law approved by a vote of no fewer than two-thirds of the total of the members of the Legislative Assembly (Article 189 of the Political Constitution), precisely because its creation means the displacement of responsibilities that constitutionally pertain to the Executive Power as the highest official in Central Government; otherwise it would form a regimen of exception, which may lead to dispersal of the Executive Power and its own responsibilities that conflict with the constitutional ideology.” (Vote No. 6240-93 of the Constitutional Court, at 2:00 p.m. of November 26, 1993)
LEGAL OR CONSTITUTIONAL REQUIREMENTS
Approval of the bill requires a simple majority.
RECOMMENDATIONS
Reject the motion of the proposed replacement text and approve the report from the Standing Committee on Government and Administration.
Edel Reales Noboa ATTORNEY
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MOTION VIA ARTICLE 41
REPRESENTATIVE: CHAVARRIA AGUILAR
To have the following as replacement text for the Bill for Creation of the Las Baulas de Guanacaste National Marine Park, File No. 11.202:
ARTICLE 1: The following areas are declared to be the Las Baulas de Guanacaste National Marine Park: The area where the current Tamarindo National Wildlife Reserve is located, and the total extent of the mangroves in the Tamarindo Estuary or Rio Palo Seco, the Ventana Estuary, the Carbón Estuary, and the Rio San Francisco Estuary, including estuaries up to twenty meters from the edge of those mangroves; furthermore, 100 meters from the regular high tide line from Punta Conejos to the extreme northern end of Playa Ventana, and the entirety of Playa Ventana including the land between the inalienable public area and the Ventana mangrove. From the southern boundary of Playa Ventana, continue 50 meters parallel to the line of boundary markers up to boundary marker number eleven of the National Geographic Institute at Playa Grande, and continue seventeen meters and thirty-three centimeters north of boundary marker number sixteen. The straight line of this boundary is curved between boundary marker twelve and boundary marker thirteen, and it approaches the boundary marker line at seventeen meters between boundary marker numbers fifteen and sixteen.
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The boundary continues from this demarcation fifty meters parallel to the boundary marker line and up to the mouth of the Tamarindo Rio Palo Seco estuary. The boundary continues from the National Park from the mouth of the Rio San Francisco estuary one hundred meters from the regular high tide line and to the extreme southern point of Playa Langosta. The demarcation of the national park includes the territorial waters in Tamarindo Bay, from Punta Conejos to the extreme southern point of Playa Langosta, Isla Verde, and Isla Capitán.
ARTICLE 2: Las Baulas de Guanacaste National Marine Park is declared to be in the public interest.
ARTICLE 3: In order to comply with this law, the competent institution will handle the expropriations of all or part of the property or properties located in the area delimited in the previous article. The pertinent legal requirements must be complied with in order to carry out the corresponding expropriation.
ARTICLE 4: The National Park created by this law will be administered by the National Park Service of the Ministry of Natural Resources, Energy and Mines as established in Law No. 7152 of June 5, 1990, in collaboration with the Municipality of Santa Cruz, with advisory services from the National Institute of Housing and Urban Development, the Costa Rican Tourism Institute, and the National Geographic Institute, in relation to the functions of each institution.
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ARTICLE 5: The Municipality of Santa Cruz, the National Park Service, the Costa Rican Tourism Institute, and the National Institute of Housing and Urban Development, will jointly prepare a Regulatory Plan for the area to be developed neighbouring the National Park and for the area between the Matapalo, Bajas, San Andrés and San Francisco River Basins.
ARTICLE 6: The National Park will have the resources stipulated by the law that will allow it to handle its development.
ARTICLE 7: The Municipality of Santa Cruz and the Costa Rican Tourism Institute will include in their budgets the amounts they believe necessary to collaborate with the Department of National Parks in anything related to maintenance of the Park.
ARTICLE 8: In regard to expropriation, the work the property owners have done prior to the date on which the administrative act declaring expropriation is issued will be considered as improvements.
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ARTICLE 9: Revenues collected from charging for entry and use of the National Park established by Executive Order No. 20515 of June 5, 1991, will be distributed in a ratio of 50% to the National Parks Fund, and the other 50% to the Gran Chorotega Foundation, which will distribute those funds equitably for the sustainable development of the communities surrounding the National Park, including Matapalo, Salinas, Villarreal, Tamarindo, Brasilito, Huacas, La Garita, Santa Rosa and San José Pinilla. Sustainable development is understood to be actions that generate economic resources without leading to the degradation or destruction of natural resources. Such actions include traditional and environmental education, public health, establishment of micro companies, and training in ecological tourism.
ARTICLE 10: The Gran Chorotega Foundation, after analysis of the proposals for sustainable development referred to in the previous article, will decide whether such projects are acceptable for financing. To that end, the Gran Chorotega Foundation will name an advisory committee comprised of a representative from the National Park Service, from the Municipality of Santa Cruz, three representatives from the communities surrounding the National Park, and one representative from the Gran Chorotega Foundation.
ARTICLE 11: The Gran Chorotega Foundation will charge fifteen percent of the total of the fifty percent of the revenues for entry into and use of the National Park, mentioned in Article 9.
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ARTICLE 12: In the 1993 Ordinary Budget, the Executive Authority will include the funds necessary to acquire the lands located inside this National Park, and also to help finance the expenses to protect and to manage the Park and the visiting public.
ARTICLE 13: The private land included inside the above boundaries will be subject to expropriation and will be considered part of the Las Baulas de Guanacaste National Marine Park until they are acquired by the State, through purchase, by means of donations or expropriations. In the meantime, the property owners will enjoy the full exercise of all attributes of ownership, complying with the guidelines issued by the National Institute of Housing and Urban Development for that purpose.
ARTICLE 14: This law takes effect on the date of its publication.
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LEGISLATIVE ASSEMBLY
COMMITTEE FOR: Full III
MATTER:
REPRESENTATIVE: HERNAN FOURNIER O.
MAKES THE FOLLOWING MOTION:
In Article 1 after “125 meters from the regular high tide line [illegible] seaward.
______SIGNATURE
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LEGISLATIVE ASSEMBLY SAN JOSÉ, COSTA RICA
RECORDS
THIRD STANDING COMMITTEE WITH FULL LEGISLATIVE POWER
SAN JOSÉ, ON THE SEVENTH DAY OF JUNE OF NINETEEN HUNDRED AND NINETY-FIVE
In a session held on today’s date, the FIRST DEBATE on the bill that is the object of this document was discussed. The President submitted it to a vote and it was APPROVED, and he ordered its transfer to the Drafting Committee for the next steps in the procedure.
Nery Agüero Montero EXECUTIVE ASSISTANT
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92
LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF COSTA RICA
THIRD COMMITTEE WITH FULL LEGISLATIVE POWER
MINUTES OF MEETING NO. 004
AT 3:58 P.M. ON JUNE 7, 1995
REGULAR SESSION – SECOND LEGISLATURE (From May 1, 1995 to April 30, 1996)
BOARD OF DIRECTORS
Rep. Maria Lidya Sánchez Valverde Rep. Manuel A. Barrantes Rodríguez PRESIDENT SECRETARY
REPRESENTATIVES PRESENT
Aragón Barquero, Bernal Chaves Ovares, Alejandro Valverde Acosta, Carmen Maria Brenes Rojas, Víctor Julio Fajardo Salas, Gonzalo Vázquez Badilla, Lorena Corrales Blanco, María Elsy Fernández Alvarado, Carlos Ml. Villalta Fernández, Rafael A. Coto Molina, Walter Fournier Origgi, Hernan Villanueva Monge, Luis Gerardo Solis Piedra, Leonel Weisleder Weisleder, Saúl
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93 Minutes - No. 4 of June 7, 1995 Page 2
TABLE OF CONTENTS
A. DISCUSSION AND APPROVAL OF MINUTES ...... 3
Discussed. APPROVED...... 3
D. FIRST DEBATE ...... 3
1. LAW FOR CREATION OF THE LAS BAULAS DE GUANACASTE NATIONAL MARINE PARK. FILE 11.202 ...... 3
Motion by former Representative Chavarría Aguilar, No. CPL-1(4-1): ...... 3
REPRESENTATIVE FOURNIER ORIGGI: ...... 6
REPRESENTATIVE VILLALTA FERNÁNDEZ: ...... 6
Discussed. Fifteen representatives present. Unanimously REJECTED...... 6
Motion by Representative Fournier Origgi and other representatives CPL-2 (402): ...... 7
REPRESENTATIVE FOURNIER ORIGGI: ...... 7
Discussed. Fourteen representatives present. Unanimously APPROVED...... 7
REPRESENTATIVE WEISLEDER WEISLEDER: ...... 7
The bill was discussed. Fifteen representatives present. Unanimously APPROVED...... 8
The meeting is ended...... 8
Third Full Legislative Committee
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PRESIDENT MARÍA LIDYA SÁNCHEZ VALVERDE:
Opens the session.
A. DISCUSSION AND APPROVAL OF MINUTES
Discussion of Minutes of Meeting Number 3.
SECRETARY MANUEL ANTONIO BARRANTES RODRÍGUEZ:
Have the minutes to 3 been sufficiently discussed?
THE PRESIDENT:
Discussed. APPROVED.
B. INTERNAL MATTERS
None.
C. SECOND DEBATES
None.
D. FIRST DEBATE
1. LAW FOR CREATION OF THE LAS BAULAS DE GUANACASTE NATIONAL MARINE PARK. FILE 11.202
THE PRESIDENT:
A foundation motion has been presented, which the Secretary will now read.
THE SECRETARY:
Motion by the former Representative Chavarría Aguilar, No. CPL-1(4-1):
“To have as replacement text for the Bill for Creation of the Las Baulas de Guanacaste National Marine Park, File No. 11.202, the following: ARTICLE 1: Declare the following areas to be the Las Baulas de Guanacaste National Marine Park: The area where the current Tamarindo National Wildlife Refuge is located, and the total extent of the mangroves in the Tamarindo Estuary or Río Palo Seco, the Ventana Estuary, the Carbón Estuary, and the Río San Francisco Estuary,
Third Full Legislative Committee
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including those estuaries twenty meters away from the edge of those mangroves; furthermore, one hundred meters from the regular high tide line from Punta Conejos to the extreme northern point of Playa Ventana and all of Playa Ventana, including the land between the inalienable public area and the Ventana mangrove. From the southern boundary of Playa Ventana, continue 50 meters parallel to the line of boundary markers up to boundary marker number eleven of the National Geographic Institute at Playa Grande, and continue seventeen meters and thirty- three centimeters north of boundary marker number sixteen. The straight line of this boundary is curved between boundary marker twelve and boundary marker thirteen, and it approaches the boundary marker line at seventeen meters between boundary marker numbers fifteen and sixteen. The boundary continues from this demarcation fifty meters parallel to the line of boundary markers and up to the mouth of the Tamarindo Río Palo Seco Estuary. The boundary continues from the National Park from the mouth of the Rio San Francisco estuary one hundred meters from the regular high tide line and to the extreme southern point of Playa Langosta. The demarcation of the national park includes the territorial waters in Tamarindo Bay, from Punta Conejos to the extreme southern point of Playa Langosta, Isla Verde, and Isla Capitán. ARTICLE 2: Las Baulas de Guanacaste National Marine Park is declared to be in the public interest. ARTICLE 3: In order to comply with this law, the competent institution will handle the expropriations of all or part of the property or properties located in the area delimited in Article 1. The pertinent legal requirements must be complied with in order to carry out the corresponding expropriation. ARTICLE 4: The National Park created by this law will be administered by the National Park Service of the Ministry of Natural Resources, Energy and Mines as established in Law No. 7152 of June 5, 1990, in collaboration with the Municipality of Santa Cruz, with advisory services from the National Institute of Housing and Urban Development, the Costa Rican Tourism Institute, and the National Geographic Institute, in relation to the functions of each institution. ARTICLE 5: The Municipality of Santa Cruz, the National Park Service, the Costa Rican Tourism Institute, and the National Institute of Housing and Urban Development, will jointly prepare a Regulatory Plan for the area to be developed neighbouring the National Park and for the area between the Matapalo, Lajas, San Andrés and San Francisco River Basins.
Third Full Legislative Committee
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ARTICLE 6: The National Park will have the resources stipulated by the law that will allow it to handle its development. ARTICLE 7: The Municipality of Santa Cruz and the Costa Rican Tourism Institute will include in their budgets the amounts they believe necessary to collaborate with the National Park Service in anything related to maintenance of the Park. ARTICLE 8: In regard to expropriation, the work the property owners have done prior to the date on which the administrative act declaring expropriation is issued will be considered as improvements. ARTICLE 9: Revenues collected from charging for entry and use of the National Park established by Executive Order No. 20515 of June 5, 1991, will be distributed in a ratio of 50% to the National Parks Fund, and the other 50% to the Gran Chorotega Foundation, which will equitably distribute those funds for the sustainable development of the communities surrounding the National Park, including Matapalo, Salinas, Villarreal, Tamarindo, Brasilito, Huacas, La Garita, Santa Rosa and San José Pinilla. Sustainable development is understood to be actions that generate economic resources without leading to the degradation or destruction of natural resources. Such actions include traditional and environmental education, public health, establishment of micro companies, and training in ecological tourism. ARTICLE 10: After analyzing the proposals for sustainable development referred to in the previous article, the Gran Chorotega Foundation will decide whether such projects are acceptable for financing. To that end, the Gran Chorotega Foundation will name an advisory committee comprised of a representative from the National Park Service, from the Municipality of Santa Cruz, three representatives from the communities surrounding the National Park, and one representative from the Gran Chorotega Foundation. ARTICLE 11: The Gran Chorotega Foundation will charge fifteen percent of the total of the fifty percent of the revenues for entry into and use of the National Park, mentioned in Article 9. ARTICLE 12: The Executive Authority will include in the regular budget for 1993 the funds necessary to acquire the lands located inside this National Park, and also to help finance the expenses to protect and to manage the Park and the visiting public. ARTICLE 13: The private land included inside the above boundaries will be subject to expropriation and will be considered part of the Las Baulas de Guanacaste National Marine Park until they are acquired by the State, through purchase, by means of donations or expropriations.
Third Full Legislative Committee
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In the meantime, the property owners will enjoy the full exercise of all attributes of ownership, complying with the guidelines issued by the National Institute of Housing and Urban Development for that purpose. ARTICLE 14: This law takes effect on the date of its publication.
THE PRESIDENT:
The motion is discussed.
REPRESENTATIVE FOURNIER ORIGGI:
We have studied this bill and it seems somewhat complex to us in relation to what is provided, especially as it involves the Municipality and many other institutions, and approval of this bill does not seem advisable to me.
REPRESENTATIVE VILLATA FERNÁNDEZ:
I agree with Representative Hernán Fournier in that, for example, Article 5 is indisputably unconstitutional. This type of draft cannot be placed in the municipal system by this Assembly, because it is contrary to its independence, thus I agree with Mr. Fournier in that the bill would require some articles established here to be modified.
THE SECRETARY:
Has the motion been sufficiently discussed?
THE PRESIDENT:
Discussed. Fifteen representatives present. Unanimously REJECTED.
Another motion has been presented by Representative Hernán Fournier, which the Secretary will now read.
THE SECRETARY:
Motion by Representative Fournier Origgi and other representatives CPL-2(4-2):
“In Article 1, after ‘125 meters from the regular high tide line,’ add: “seaward.”
Third Full Legislative Committee
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THE PRESIDENT:
The motion is discussed.
REPRESENTATIVE FOURNIER ORIGGI:
Studying the original text, it seems to me that it does comply with the requirements of a law for this type of protection of parks, especially one that should have been a marine park, because that is what it is in this case; however, the word marine was not included. Upon defining the Park, they talk about one hundred and twenty-five meters, with an imaginary line of one hundred and twenty-five meters from the regular high tide line, and that should be understood as out to sea, which is exactly what I think this motion clarifies.
THE SECRETARY:
Has the motion been sufficiently discussed?
THE PRESIDENT:
Discussed. Fourteen representatives present. Unanimously APPROVED.
To explain the vote, Deputy Saúl Weisleder has the floor.
REPRESENTATIVE WEISLEDER WEISLEDER:
After hearing the explanations from the technicians in the matter, the representatives of the National Liberation Party have come to the conclusion that the motion that Representative Fournier Origgi just approved was very timely, as it seeks to clarify the point regarding delimitation of the Park, whose creation we are legislating at this time, such that all representatives in the National Liberation Party have voted in favour, based on reasons of a technical nature.
THE PRESIDENT:
A break of four minutes is ordered.
(Procedure complied with)
The session is reinitiated.
Third Full Legislative Committee
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In discussion of the first debate on the bill for Creation of the Las Baulas de Guanacaste National Marine Park. File No. 11.202.
THE SECRETARY:
Has the bill been sufficiently discussed?
THE PRESIDENT:
Discussed. Fifteen representatives present. Unanimously APPROVED.
We are going to end the session as there are no more matters to discuss in the order of the day.
The session is ended.
(FOUR TWENTY IN THE AFTERNOON)
PRESIDENT SECRETARY
Third Full Legislative Committee
Exhibit C-1l Page 102 of 311
100
LEGISLATIVE ASSEMBLY
SAN JOSÉ, COSTA RICA
RECORDS
THIRD STANDING LEGISLATIVE COMMITTEE WITH FULL POWER
SAN JOSÉ, THE SEVENTH OF JUNE OF NINETEEN HUNDRED AND NINETY-FIVE
On today’s date, File No. 11.202, the “Law for Creation of the Las Baulas de Guanacaste National Marine Park,” approved in the process of the First Debate, is delivered to the Drafting Committee for the pertinent measures.
Nery Agüero Montero EXECUTIVE ASSISTANT
Exhibit C-1l Page 103 of 311
101
LEGISLATIVE ASSEMBLY
SPECIAL STANDING DRAFTING COMMITTEE
RECORDS
San José, on the eighth day of June of nineteen hundred and ninety-five.
On today’s date, and in accordance with Article 164(3) of the Regulation of the Legislative
Assembly, on this date the COMMITTEE received from the THIRD FULL LEGISLATIVE
COMMITTEE, File No. 11202, "WRITTEN COMMUNICATION ON THE LAW FOR
CREATION OF THE LAS BAULAS DE GUANACASTE NATIONAL MARINE PARK." The file consists of one volume with a total of 92 consecutive pages, stamped and signed.
ESTER HERRERA OBANDO Specialist
Exhibit C-1l Page 104 of 311
102
LEGISLATIVE ASSEMBLY
SPECIAL STANDING DRAFTING COMMITTEE
RECORDS
San José, on the twelfth day of June of nineteen hundred and ninety-five.
On today’s date, and in accordance with Article 164 of the Regulation of the Legislative
Assembly, the COMMITTEE approved the final draft of File No. 11202, "WRITTEN
COMMUNICATION ON THE LAW FOR CREATION OF THE LAS BAULAS DE
GUANACASTE NATIONAL MARINE PARK." The order was given to pass the document on to the THIRD FULL LEGISLATIVE COMMITTEE to continue with the pertinent steps.
ESTER HERRERA OBANDO Specialist
Exhibit C-1l Page 105 of 311
103 LEGISLATIVE ASSEMBLY San José, Costa Rica
SPECIAL STANDING DRAFTING COMMITTEE
REPORT ON THE FINAL DRAFT OF THE TEXT APPROVED IN THE FIRST DEBATE
THIRD FULL LEGISLATIVE COMMITTEE
CREATION OF THE LAS BAULAS DE GUANACASTE NATIONAL PARK
FILE NO. 11.202
JUNE 12, 1995
Exhibit C-1l Page 106 of 311
FILE NO. 11.202 104
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF COSTA RICA
ORDERS:
CREATION OF THE LAS BAULAS DE GUANACASTE NATIONAL PARK
Law No: ______
ARTICLE 1. Creation and boundaries
The Las Baulas de Guanacaste National Marine Park is created, whose boundaries, according to the Villareal and Matapalo map pages, scale 1:50,000 of the National Geographic Institute, will be the following: starting from a point located at the coordinates N 259.100 and E 332.000, continue along a straight line until reaching an imaginary line that is parallel to the coast, one hundred and twenty-five meters away from the seaward regular high tide line. The boundary then continues along this imaginary line in a south easterly direction, until ending at the point of coordinates N 255.000 and E 335.050.
This Park will also include the Tamarindo, Ventanas and San Francisco Estuaries and their mangroves; the hill located immediately behind Playa Ventanas, Cerro El Morro, Isla Capitán, Isla Verde, the public area of fifty meters measured from the regular high tide line, between Punta San Francisco and the San Francisco estuary, and the territorial waters of Tamarindo Bay between Punta Conejo and the extreme southern point of Playa Langosta, up to the regular high tide line.
ARTICLE 2. Expropriations
In order to comply with this law, the competent institution will handle the expropriations of all or part of the property or properties located in the area delimited in the previous article.
SPECIAL STANDING DRAFTING COMMITTEE
Exhibit C-1l Page 107 of 311
FILE NO. 11.202 105
The private land located inside these boundaries will be subject to expropriation and will be considered part of the Las Baulas National Marine Park, unless they are not acquired by the State through purchase, donations or expropriations; in the meantime, the property owners will enjoy the full exercise of the attributes of ownership.
ARTICLE 3. Administration
The Park will be administered by the National Park Service of the Ministry of Natural Resources, Energy and Mines as established in Law No. 7152 of June 5, 1990, in collaboration with the respective municipalities and advisory services from the Costa Rican Tourism Institute, and from the National Geographic Institute, as per the functions of each institution.
ARTICLE 4. Sources of funds
The Park will have the sources of funds that will allow it to handle its development. Furthermore, the interested municipalities will include in their budgets the amounts they believe necessary to collaborate with the Department of National Parks in regard to maintenance of the Las Baulas National Marine Park.
ARTICLE 5. Acquisition of land
The acquisition of land that is the object of this law will be financed with funds from, national [sic] the National Budget and public or private donations, whether national or international.
ARTICLE 6. Validity
This law takes effect on the date of its publication.
SPECIAL STANDING DRAFTING COMMITTEE
Exhibit C-1l Page 108 of 311
FILE NO. 11.202 106
Issued in the meeting room of the Special Standing Drafting Committee, on the twelfth day of June of nineteen hundred and ninety-five.
CARMEN MARIA VALVERDE ACOSTA PRESIDENT
MARIA LUISA ORTIZ MESEGUER SECRETARY
MARY ALBAN LOPEZ ALBERTO CAÑAS ESCALANTE
MARLENE GÓMEZ CALDERÓN Representatives
G:\red\P3\11202R-3.fin Drafting Committee
SPECIAL STANDING DRAFTING COMMITTEE
Exhibit C-1l Page 109 of 311
107
LEGISLATIVE ASSEMBLY
SPECIAL STANDING DRAFTING COMMITTEE
REPORTS
San José, on the fourteenth day of June of nineteen hundred and ninety-five.
On today’s date, and in accordance with Article 164 of the Regulation of the Legislative
Assembly, the COMMITTEE delivered to the Secretary of the THIRD FULL LEGISLATIVE
COMMITTEE, the final draft of File No. 11202, "WRITTEN COMMUNICATION ON THE
LAW FOR CREATION OF THE LAS BAULAS DE GUANACASTE NATIONAL MARINE
PARK." The file consists of one volume with a total of 99 consecutive pages, stamped and signed.
ESTER HERRERA OBANDO Specialist
Exhibit C-1l Page 110 of 311
108
SPECIAL STANDING DRAFTING COMMITTEE
ORDINARY SESSION
MINUTES OF MEETING NO. 06
Minutes of the meeting of the Special Standing Drafting Committee, in its meeting room, at nine o’clock in the morning on the twelfth of June of nineteen hundred and ninety-five. The following representatives were present: VALVERDE ACOSTA, PRESIDENT, ORTIZ MESEGUER SECRETARY, ALBÁN LÓPEZ, CAÑAS ESCALANTE AND GÓMEZ CALDERÓN.
THE PRESIDENT:
Opens the session.
A. DISCUSSION AND APPROVAL OF MINUTES
The minutes are waived.
B. DISCUSSION OF PROJECTS
1. CREATION OF DISTRICT 4 OF LAUREAL, IN THE CANTON OF CORREDORES. FILE No. 11.964.
THE PRESIDENT:
…that they put at two but I don’t agree with the proposal made, it says: “the boundaries of the district will be, to the north, boundary with…” to the north the districts of Corredores and Canoas, to the east…
We agree it must be corrected, the district’s boundaries will be: to the north, the districts of …
(Microphones turned off)
In that same article, on page two, line four, it states: “then continue along the canal that begins at coordinates etcetera, etcetera, up to the international boundary of Costa Rica and Panamá at coordinates etcetera, etcetera, is there a comma or a period there?
Exhibit C-1l Page 111 of 311
109
MINUTES OF MEETING NO. 6 2
MS. MARTA RIVERA:
There was a period and a comma was put in. By putting in a comma the rest of the paragraph should have been in lower case letters.
THE PRESIDENT:
I would prefer to leave in the period because there are many commas in the previous sentence, then it continues – if we leave it as it was – because there are a lot of commas before that and so it is a jumble. Then continue along the canal that begins at coordinates up to the international boundary of… by coordinates such and such, along the international boundary up to the point located at coordinates such and such.
MS. MARTA RIVERA:
We have a problem with that “subsequently.” I just asked Manuelita and a period can go before subsequently, but they put a period and comma in that coordinate and then capitalized "subsequently," but the period has to be there.
MS. MARTA RIVERA:
Let’s leave the period in, Carmen. Maria Rosa replaced “later” with “subsequently” to avoid the repetition of “later.”
THE PRESIDENT:
Yes, but in that “along,”] should there be a comma or should the period be left in? It’s a sentence that doesn’t say anything, “along the international boundary to the southeast up to the point located at coordinates such and such, but what should go there? Does it continue on, go up, go down or what?
MS. MARTA RIVERA:
Carmen, I remember that I had written in that canal in lower case letters. It is not the Panama Canal. “Continue along the canal that begins at coordinates such and such up to the international boundary of Costa Rica and Panamá at coordinates such and such.”
You have to put “continue along the international boundary to the southeast at coordinates such and such,” you have to add something to it, because just that isn’t enough.
THE PRESIDENT:
SPECIAL STANDING DRAFTING COMMITTEE
Exhibit C-1l Page 112 of 311
110
MINUTES OF MEETING NO. 6 3
Or with just putting there “continue along and up to coordinates such and along the boundary between…”
MS. MARTA RIVERA:
Did not turn on the microphone.
THE PRESIDENT:
We agree with everything else.
THE SECRETARY:
The text reads as follows:
CREATION OF DISTRICT 4 OF LAUREL IN THE CANTON OF CORREDORES.
Law No. ______
ARTICLE 1.Creation and delimitation
The district of Laurel is created, the 4th district in the canton of Corredores in the province of Puntarenas.
The boundaries of the district will be: to the north, the districts of Corredores and Canoas; to the east, the district of La Cuesta; to the south, the Republic of Panamá, and to the west, the canton of Golfito.
The description of the boundaries, based on the topographic pages at the scale of 1:50,000, “Canoas, Laurel and Pavón,” is as follows: starting from the confluence of the Conté and Incendio Rivers, at the boundary of the Canton of Golfito and Corredores, at a distance of 1.5 km to the northeast, the waters of the La Vaca River are reached (coordinates 272000 N- 574000 E); continue downstream along that river to the confluence with Canal 25; from this point, 8.5 meters to the northwest, the waters of the Colorado River are reached (coordinates 277800 N¬573800 E); continue upstream along that river to the point located at coordinates 268725 N- 585000 E. Then continue along the canal that begins at coordinates 268700 N- 584950 E, up to the international boundary of Costa Rica and Panamá, at coordinates 266125 N- 587150 E and along the international boundary to the southeast, up to the point located at coordinates 255400 N- 567950 E. Subsequently, continue in a general northerly direction along the boundary of the canton between Corredores and Golfito, passing by the La Vaca River, the [illegible] Pavas, the Incendio strip, the La Palma creek, and the Incendio River, up to the point of origin of this description.
SPECIAL STANDING DRAFTING COMMITTEE
Exhibit C-1l Page 113 of 311
111
MINUTES OF MEETING NO. 6 4
ARTICLE 2. Villages and main town in the district
The head of this administrative unit will be the town of Laurel, with the following villages, whose names are officially recognized: Alto Vaquita, Bambito, Bella Luz, Bijagual, Caimito, Cangrejo Verde, Caracol de la Vaca, Cariari, Caucho, Colonia Libertad, Coyoche, Jobo Civil, Kilómetro 22, Kilómetro 25, Kilómetro 27, Kilómetro 29, Mango, Pueblo de Dios, Puerto González Víquez, Roble, Santa Lucía, Tamarindo, Vaca, Vereh and Zaragoza.
ARTICLE 3. Validity
This law takes effect on the date of its publication.
THE SECRETARY:
Do we find that the final draft of File No. 11.964 has been discussed sufficiently?
THE PRESIDENT:
Four representatives present. Four votes in favour. APPROVED.
2. LAW FOR CREATION OF THE “LAS BAULAS DE GUANACASTE NATIONAL MARINE PARK.” DOCUMENT No. 11.202.
THE PRESIDENT:
The only observation I would have is the matter of the capital letters. I would leave Las Baulas National Marine Park in capital letters, and for us to find out, Marta, about putting the articles in lower case letters when they are not part of the name.
SPECIAL STANDING DRAFTING COMMITTEE
Exhibit C-1l Page 114 of 311
MINUTES OF MEETING NO. 6 112
MS. MARTA RIVERA:
We will look in the territorial division to see if it forms part of it, but we are as yet unsure.
THE SECRETARY:
The text reads as follows:
CREATION OF THE LAS BAULAS DE GUANACASTE NATIONAL PARK
Law No. ______
ARTICLE 1. Creation and boundaries
The Las Baulas de Guanacaste National Marine Park is created, whose boundaries, according to the Villareal and Matapalo map pages, scale 1:50,000 of the National Geographic Institute, will be the following: starting from a point located at the coordinates N 259.100 and E 332.000, continue along a straight line until reaching an imaginary line that is parallel to the coast, one hundred and twenty-five meters away from the seaward regular high tide line. The boundary then continues along this imaginary line, in a south easterly direction, until ending at the point of coordinates N 255.000 and E 335.050.
This Park will also include the Tamarindo, Ventanas and San Francisco Estuaries and their mangroves; the hill located immediately behind Playa Ventanas, Cerro El Morro, Isla Capitán, Isla Verde, the public area of fifty meters measured from the regular high tide line, between Punta San Francisco and the San Francisco estuary, and the territorial waters of Tamarindo Bay between Punta Conejo and the extreme southern point of Playa Langosta, up to the regular high tide line.
ARTICLE 2. Expropriations
In order to comply with this law, the competent institution will handle the expropriations of all or part of the property or properties located in the area delimited in the previous article.
The private land located inside these boundaries will be subject to expropriation and will be considered part of the Las Baulas National Marine Park, unless they are not acquired by the State through purchase, donations or expropriations; in the meantime, the property owners will enjoy the full exercise of the attributes of ownership.
SPECIAL STANDING DRAFTING COMMITTEE
Exhibit C-1l Page 115 of 311
113
MINUTES OF MEETING NO. 6 6
ARTICLE 3. Administration
The Park will be administered by the National Park Service of the Ministry of Natural Resources, Energy and Mines as established in Law No. 7152 of June 5, 1990, in collaboration with the respective municipalities and advisory services from the Costa Rican Tourism Institute, and from the National Geographic Institute, as per the functions of each institution.
ARTICLE 4. Sources of funds
The Park will have the sources of funds that will allow it to handle its development. Furthermore, the interested municipalities will include in their budgets the amounts they believe necessary to collaborate with the Department of National Parks in regard to maintenance of the Las Baulas National Marine Park.
ARTICLE 5. Acquisition of land
The acquisition of land that is the object of this law will be financed using funds from the National Budget and public or private donations, whether national or international.
ARTICLE 6. Validity
This law takes effect on the date of its publication.
THE SECRETARY:
Do we find that the final draft of Document No. 11.202 has been discussed sufficiently?
THE PRESIDENT:
Four representatives present.Four votes in favour.
APPROVED.
(Microphones turned off)
SPECIAL STANDING DRAFTING COMMITTEE
Exhibit C-1l Page 116 of 311
114
MINUTES OF MEETING NO. 6 7
3. LAW OF TAXATION. DOCUMENT No. 12.142
THE PRESIDENT:
The proposal would be to eliminate article one, so that there will be the same number of articles as modifications.
Article 1 modifies Article 22 of the Code of Norms and Procedures, whose text is the following: “responsibility for acquisition… Article 2 modifies Article 39, location and date and method of payment.
Do you all agree?
Article 22 is the first to be modified. That heading on responsibility for acquisition, Martha, does the entire Code of Tax Standards and Procedures have headings?
(Microphones turned off)
We are now going to look at the first five articles, which are 22, 39, 40, 43 and 50. Ana Fiorella, we are going to look at every five, and we are going to eliminate article one and number the law differently; article one would be the modification of article 22.
(Microphones turned off)
THE PRESIDENT:
We have to write an article to say the following: “Heading three is replaced, in its Articles 65 and 98, whose texts will read as follows…”
So one article for that substitution. Another article to say: “Articles 99 to 104 are repealed,” and another article that says: “Correct the number of…”
MS. FIORELLA CARVAJAL:
Perhaps this could go inside this same one, because we aren’t making any changes to those initially, just correcting the numbering.
Articles 99 and 104 are repealed, and consequently the numbering of Articles 105 to 110 in force are corrected and they will become Articles 99 to 104.
SPECIAL STANDING DRAFTING COMMITTEE
Exhibit C-1l Page 117 of 311
115
MINUTES OF MEETING NO. 6 8
THE PRESIDENT:
They are repealed and the numbering is corrected, and thus a change is made to article…
Is this clear to everyone? We are going to have one article, which would be the substitution of heading three, they have to put it together; but then we are going to have Articles 65 to 70.
MS. FIORELLA CARVAJAL:
One observation on 65, because I think that we later have a problem in the term that we use. Legally there is a certain difference between talking about tax judge in the criminal court, and a tax crimes court judge. In reality, the wish was to create a specialized criminal jurisdiction, therefore the correct term would be tax crimes court judge, and not a tax judge in criminal court. I remember perfectly well that there is an article in which we used tax crimes court judge, which would be the correct term; but when we started Article 65 we talked about criminal tax courts. We would have to make this match up, and to me it seems that using the tax crimes side would be better than tax in criminal court.
THE PRESIDENT:
Tax crimes? The same thing has to be made uniform there, which are illegal tax acts and not the reverse, so we will correct it.
At the beginning of Article 65, it should say “the tax crimes” and not the reverse.
Article 65 does not have a heading; to me it seems that when there are articles that have a title and others that do not, they must be made to match. “Classification of tax crimes.”
Should we put “classification of tax crimes” down on 65?
MS. MARTA RIVERA:
Did not turn on the microphone.
MS. FIORELLA CARVAJAL:
Did not turn on the microphone at the beginning.
SPECIAL STANDING DRAFTING COMMITTEE
Exhibit C-1l Page 118 of 311
116
MINUTES OF MEETING NO. 6 9
In Article 68 it seems to me that the last sentence might be incomplete, that the responsibility of the representatives is subject to demonstration of culpability, understanding this term as per the conditions established in Article 69, that an event is punishable if the existence of fraud, fault or negligence is proved. Therefore, it seems that perhaps 68 could be completed, establishing that the responsibility is not presumed, and therefore it is subject to demonstration of culpability.
THE PRESIDENT:
If we say “of culpability,” does that exclude fraud or negligence?
MS. FIORELLA CARVAJAL:
Criminally, “culpability,” the term in the generic sense, includes the subjective element, fraud, fault or negligence.
THE PRESIDENT:
I don’t know. Adding things makes me worry. It’s better if we leave it as it is.
Why did you all add “similar to” in Article 70? That “similar” has to be taken out. Using Arabic numerals for the articles and sections or sub-sections seems to be more convoluted to me; I don't know if the Code already has sections and how they are numbered.
In any event, they have to be made uniform.
Is everyone in agreement up to 85?
Let’s continue on up to 90.
MS. FIORELLA CARVAJAL:
Did not turn on the microphone.
THE PRESIDENT:
Let’s go from 91 to 95.
MS. FIORELLA CARVAJAL:
Did not turn on the microphone.
SPECIAL STANDING DRAFTING COMMITTEE
Exhibit C-1l Page 119 of 311
117
MINUTES OF MEETING NO. 6 10
THE PRESIDENT:
If, especially, if in a law proposals are being made for everything, how are we going to put that in without headings?
MS. FIORELLA CARVAJAL:
Did not turn on the microphone.
THE PRESIDENT:
But if we put in violators and penalties… that’s why… if we leave in violators and penalties of tax laws...
Here there would be a heading similar to that in 91, “Penalty for the withholding agent,” “Penalty for the one who seeks to commit fraud.” I agree that the heading is poor.
MS. FIORELLA CARVAJAL:
Did not turn on the microphone. THE PRESIDENT:
Ana Fiorella, what we are saying is that if we want to not qualify the type but simply put in a current heading for Article 91, “penalty for the withholding agent; withholding agent,” this does not, in and of itself, change the fact that it has been done... but we should find a similar heading for Article 90, "penalty for the taxpayer," - or however it is called -
The fraud would be committed both by the withholding agent as well has the one who has to pay, the bound party… but the withholding agent is also a passive subject.
MS. FIORELLA CARVAJAL:
Did not turn on the microphone.
THE PRESIDENT:
“Penalty for the taxpayer,” because the withholding agent is not necessarily… “penalty for the taxpayer,” but the fact is that the withholding agent is also committing fraud.
SPECIAL STANDING DRAFTING COMMITTEE
Exhibit C-1l Page 120 of 311
118
MINUTES OF MEETING NO. 6 11
MS. FIORELLA CARVAJAL:
Did not turn on the microphone.
THE PRESIDENT:
So as not to get into qualifying types, I would put in “penalty for the taxpayer,” “penalty for the withholding agent.”
MS. FIORELLA CARVAJAL:
Did not turn on the microphone.
THE PRESIDENT:
So, “penalty for the party required to pay taxes.”
But is the passive subject the party obligated to pay taxes, the withholding agent, or the one who has to give the responsibility. Why don’t we put it in like that? “Penalty for the party bound to pay taxes,” which in reality doesn’t say anything, it is the same for the other one, “penalty for the withholding agent.” But to me it seems like a heading like that is preferable, it is guidance to use the law, but it doesn’t impose a condition.
We are on 90. No, what we are saying Mary, is that it is very complicated to give a name to a criminal type, to a behaviour. If we put in committing fraud, then the best thing is to put in a heading that guides the person to use the law, but it does not impose a condition.
MS. FIORELLA CARVAJAL:
Did not turn on the microphone.
THE PRESIDENT:
So we will write it like this, “for the party who does not deliver money collected,” but then for 90?
Because then there, I think that an element of judgment is being proposed and we would be saying “for the one who induces.”
SPECIAL STANDING DRAFTING COMMITTEE
Exhibit C-1l Page 121 of 311
119
MINUTES OF MEETING NO. 6 12
So then the withholding agent would also have to be changed.
MS. MARTA RIVERA:
Did not turn on the microphone.
THE PRESIDENT:
And penalties for taking ownership of the money that belongs to the State.
MS. FIORELLA CARVAJAL:
Did not turn on the microphone.
MS. MARTA RIVERA:
Did not turn on the microphone.
THE PRESIDENT:
I am in agreement up to 98.
MS. FIORELLA CARVAJAL:
Ninety-eight has the characteristic of being the first specific criminal type for a public servant, the others are more for the taxpayer or the passive subject who violates his tax obligations.
THE PRESIDENT:
We reached 98. From 104 and beyond, we would have to put in article such and such here. An article has to be put in here.
MS. MARTA RIVERA:
Did not turn on the microphone.
(Ms. Carmen Valverde leaves at 11 a.m. to attend a meeting on Modernization).
(Microphones turned off)
SPECIAL STANDING DRAFTING COMMITTEE
Exhibit C-1l Page 122 of 311
120
MINUTES OF MEETING NO. 6 13
MS. FIORELLA CARVAJAL:
The proposal in 106 is to add the sentence that is at the end of page 30, “the duties stipulated in this article will be complied with without prejudice to the general obligation established in the previous article, in the following way: and to re-establish the sections due to facility to apply the law.
(Microphones turned off)
THE PRESIDENT a.i.:
So the proposal is final.
MS. FIORELLA CARVAJAL:
There is another matter of whether or not it is resolved – but which I just saw – in the event of whether or not the suggestion is accepted. In section (b) of Article 106 we used the formula they must provide the information on “tax type.”
In Article 104 of the Code, a very specific term is being created, which is “information of a tax nature,” with certain legal implications. However, in 106 we still have "tax-type information." The idea would be more to make everything uniform using "information of a tax nature," so that everything has the same effect.
THE PRESIDENT a.i.:
Would you agree? Does that seem okay to you? We agree to change it.
MS. FIORELLA CARVAJAL:
Did not turn on the microphone.
(Microphones turned off)
THE PRESIDENT:
We finished up to 111. We will continue with the next five.
(Microphones turned off)
SPECIAL STANDING DRAFTING COMMITTEE
Exhibit C-1l Page 123 of 311
121
MINUTES OF MEETING NO. 6 14
MS. MARTA RIVERA:
Did not turn on the microphone.
THE PRESIDENT a.i.:
Let’s work on section five.
(Microphones turned off)
MS. FIORELLA CARVAJAL:
On page 38, paragraph four, legally where "before" is established, that "before" has a legal meaning, when one says it has appeals "before," that means that it is presented to the lower court, and the lower court sends it, in appeal, to the upper court.
(Microphones turned off)
THE PRESIDENT a.i.:
Upon legal recommendations, then, we will leave it as “before.”
MS. MARTA RIVERA:
On page 38, third paragraph, the adviser, Ms. Ana Fiorella Carvajal, recommends that the expression “before” the administrative tax court be left in. The Committee, in use of its powers, decides to leave it as is; as philologists, we believe that it should not be this way, but we came to a decision and we wish to have it recorded in the minutes that this is our position.
(Microphones turned off)
THE PRESIDENT a.i.:
Did you finish 151? Any observations? Let’s move on.
(Microphones turned off)
REP. CAÑAS ESCALANTE:
An appeal is presented to the court that is going to make a ruling on it, to the upper court, the lower court receives the appeal, that is why it is before it.
SPECIAL STANDING DRAFTING COMMITTEE
Exhibit C-1l Page 124 of 311
122
MINUTES OF MEETING NO. 6 15
MS. FIORELLA CARVAJAL:
Did not turn on the microphone.
THE PRESIDENT a.i.:
So if it is fine, they have to match.So we will continue moving forward. Let’s go on until 156.
REP. CAÑAS ESCALANTE:
Pardon the interruption, but at the outset I expressed my discomfort with this first article. That one hundred articles be modified into just one, one modifying article and another to repeal is preferable. Nothing else. They took me out of here for the Committee on Reform of the State and I can't stay. It is much easier that way, even for consultation.
I think the period for this Committee should be extended. It should be the President of the Assembly who authorizes it according to the scope of the law, to expand the period for the Drafting Committee, or to postpone the second debate. Or perhaps that President sets today’s session on the eighth for the second debate. A suggestion should be made to the President that when there is a complicated law that a period should be scheduled for the second debate.
MS. MARTA RIVERA:
Did not turn on the microphone.
REP. ALBERTO CAÑAS:
A typing error is enough to lose an article, that is to say, a typing error might be 45, 56, there is nothing worse than a typing error for numbers, things can be lost forever.
THE PRESIDENT a.i.:
We will leave it as it is with the agreement that it be reviewed and that Ester is notified.
MS. FIORELLA CARVAJAL:
Did not turn on the microphone.
SPECIAL STANDING DRAFTING COMMITTEE
Exhibit C-1l Page 125 of 311
123
MINUTES OF MEETING NO. 6 16
REP. ALBERTO CAÑAS:
This law is going to obligate the Legislative Assembly to publish the project separately from laws that have been modified as they are, in folders at least.
Well, don’t release it, the fact is they exist in order, this law is going to cause a revolution in the law offices. No one is going to know where the articles are, a new publication of the modified laws will have to be issued, a new publication of the laws as they were as of this.
MS. FIORELLA CARVAJAL:
There is an article that is authorizing the Executive to undertake a complete study of the new Code…
REP. CAÑAS ESCALANTE:
Right, the fact is that the article from the Regulation can’t be used here that says that the law must be published in full, because there are so many and they are very long, it would take up twenty Gazettes; but there does have to be a publication because otherwise the citizens are never going to understand what the new legislation is, given that there has been a series of reforms and reforms.
MS. FIORELLA CARVAJAL:
Did not turn on the microphone at the beginning.
One observation. In the most recent meeting of the Committee on Economic Affairs, allusion was made, if I’m not mistaken, to two significant errors that remained in the text of the law; one of them was in Article 163, page 42, in the paragraph that talks about administrators, which reads as follows: “…administrators may agree to set aside the affirmations and charges made by the Tax Authority to any means of evidence”; the material error is in the fact that the term is not "administrators" but "administered," "the administered may agree to set aside the affirmations and charges made by the Administration to any means of evidence." So I asked if they had received the note on these material errors.
(Microphones turned off).
Did not turn on the microphone.
THE PRESIDENT a.i.:
SPECIAL STANDING DRAFTING COMMITTEE
Exhibit C-1l Page 126 of 311
124
MINUTES OF MEETING NO. 6 17
What I suggest to Ester is to send a little note to the Committee on Economic Affairs to please present the request because there are significant changes and it would be very dangerous.
(Microphones turned off).
REP. CAÑAS ESCALANTE:
There is a discrepancy on page 44. In the third paragraph, the subjunctive was replaced with the indicative, and in the following paragraph the subjunctive was retained, “se haya” was replaced with “se ha,” and in the third paragraph "se haya" is maintained.
It seems to me that the future of “será” [it will be] in some way marks a subjunctive, “no será tal cosa” [it will not be such a thing] “el que haya hecho tal cosa” [the one who has done such a thing].
I prefer the “haya” in both.
MS. MARTA RIVERA:
Did not turn on the microphone.
THE PRESIDENT a.i.:
“Las tasas” [the rates] must be removed because it is repeated.
REP. CAÑAS ESCALANTE:
On line five of the last paragraph, there is a correction that states: “and furthermore it must.” That “deberá” [it must] is extra, because it is included in the "deberá" in the previous line.
MS. FIORELLA CARVAJAL:
Did not turn on the microphone.
REP. CAÑAS ESCALANTE:
There is a point here on page 45 that seems to me to go beyond the Drafting Committee, but I don’t know how to write it. It says here that the Tax Authority – paragraph two on page 45 – will be authorized to establish, by executive order.” The Tax Authority does not have the authority to issue executive orders; only the Executive Authority can do that, only the President of the Republic and the Ministry of the Treasury can do that.
Here, this point is not for drafting, it is a constitutional point, they are giving the Tax Authority the power to issue orders.
Exhibit C-1l Page 127 of 311
125
MINUTES OF MEETING NO. 6 18
Here, I don’t know if it is for drafting to put in the “Executive Power will be authorized,” “will be authorized to establish once per year.” The fact is that there no power is being given to anyone. We say that the “Executive Power will establish once per year, by order."
MS. FIORELLA CARVAJAL:
Excuse me Alberto, perhaps the only thing that those who drafted this bill were interested in was that it remain clear that it is section four, what it initially seeks is for the deductible amount to be up to 50%; what this final paragraph is seeking is that in certain cases the Administration may raise that 50% but not all the time, but that the 50% was originally in force unless the Executive believes it appropriate to increase it.
(Microphones turned off).
REP. CAÑAS ESCALANTE:
The fact is that to require for presentation, we have to say to whom, it would have to be to the taxpayer.
This was beyond drafting here; it can be resolved by drafting but in reality the problem was in the foundation, in this article.
I would say “the Executive Power may establish by order, once per year and before the start of the tax period, a percentage higher than 50% as a condition that binds the taxpayer…”
THE PRESIDENT a.i.:
Let’s submit the proposal to a vote.
REP. CAÑAS ESCALANTE:
In the following paragraph, on line two it talks about authorities in plural, and on the following line, by putting in “nor this,” it is leaving just one authority. Authority of administration, to request information and to perform, are the two authorities.
MS. MARTA RIVERA:
Did not turn on the microphone.
REP. CAÑAS ESCALANTE:
SPECIAL STANDING DRAFTING COMMITTEE
Exhibit C-1l Page 128 of 311
126
MINUTES OF MEETING NO. 6 19
It states: “The duty imposed on the taxpayer in the first paragraph of this section does not limit the authorities of the Administration to request information and evidence and to perform.” There are the two authorities. By putting in “ni” [neither], that authority disappears, the authority to do this and another thing, unless we say the authority.
MS. MARTA RIVERA:
Did not turn on the microphone.
REP. CAÑAS ESCALANTE:
...and to perform. If the second authority is not neither, because if one were to say authority, if it does not limit such authority nor that of performing. If “authorities” remains, then the “and” would remain.
THE PRESIDENT a.i.:
I am going to submit the first paragraph that Alberto suggested to a vote.
Those who are in agreement, Marlen, because Alberto accepts it, therefore the change in the paragraph is accepted.
In the paragraph that starts “the duty imposed on the taxpayers…” it remains as it was at the start.
MS. FIORELLA CARVAJAL:
Perhaps to be taken into account, to me it seems that the numbering is important for those who apply the Law.
MS. MARTA RIVERA:
Did not turn on the microphone.
THE PRESIDENT a.i.:
In 46, where does the quote not match?
(Microphones turned off).
REP. CAÑAS ESCALANTE:
In the last paragraph on page 47, it talks about travel allowances incurred. To incur is not necessarily to expend; travel allowances are received, not incurred. I would say the expenses
Exhibit C-1l Page 129 of 311
127
MINUTES OF MEETING NO. 6 20 received, “the expenses for representation and similar expenses incurred,” that this term “incurred” or “to incur” does not cover travel allowances because travel allowances are not incurred.
MS. MARTA RIVERA:
Did not turn on the microphone.
REP. CAÑAS ESCALANTE:
Let's say “the expenses for representation and similar expenses incurred inside and outside of the country,” and put "travel allowances" here after "country."
MS. FIORELLA CARVAJAL:
Did not turn on the microphone.
MS. MARTA RIVERA:
What would the proposal be?
REP. CAÑAS ESCALANTE:
To move “the travel allowances” to after “country.”
It is easier to say that are incurred. Because the travel allowances agree here, there are no travel allowances outside of the country.
MS. MARTA RIVERA:
Did not turn on the microphone.
REP. CAÑAS ESCALANTE:
The fact is that you do have to say where the expenses are incurred.
On page 48 in the second paragraph, I like the noun better than the verb, “the bringing and the receiving,” and I am going to tell you why. It seems to me that the bringing in of technicians implies staying, and to bring is the arrival, that is to say, only travel expenses, the plane ticket.
On page 49, in the last paragraph where it says “to impact,” I prefer “without it impacting,” as it was before, “provide service without impacting relationship…”
SPECIAL STANDING DRAFTING COMMITTEE
Exhibit C-1l Page 130 of 311
128
MINUTES OF MEETING NO. 6 21
THE PRESIDENT a.i.:
So we take out "to impact" and leave it as it was.
At this time, Representative Carmen Valverde returns to the meeting of the Drafting Committee.
THE PRESIDENT:
Alberto, that same report in which we changed the “is modified” for all of those from the enclitic to change it to an [not a word] pronoun and changing all the forms of the subjunctive to the present subjunctive.
REP. CAÑAS ESCALANTE:
Did not turn on the microphone at the beginning.
…yes, but in the case of the law, all of the laws are drafted in the future. So that means all of the terms are in the future.
The fact is that “el que haya” [that which is] is “el que al día de hoy” [that which today].
Those are things that have been done for many years, they are very basic, and that which is, grammatically is that which is today.
THE PRESIDENT:
Did not turn on the microphone.
REP. CAÑAS ESCALANTE:
The law is so that someone does something for the coming year. Not only for those that have done something when the law is approved, but for future acts.
So the one that has done such and such a thing, that has done it today, the law has to make it for the future.
THE PRESIDENT:
Take out the future as the present indicative when it imposes, not when it says that it is the conduct that is…
SPECIAL STANDING DRAFTING COMMITTEE
Exhibit C-1l Page 131 of 311
129
MINUTES OF MEETING NO. 6 22
REP. CAÑAS ESCALANTE:
If they impose a fine on the one that has done such and such a thing, and then impose it on me in the coming year, I allege that the law is only for those that have done it on the day the law was approved and at best I win the point.
They cannot say [illegible], that is to say, note that the law considers future situations and the future situations cannot be defined using a verb in the present, but with the verb in the future.
THE PRESIDENT:
Did not turn on the microphone.
REP. CAÑAS ESCALANTE:
Why has the future subjunctive been used since Castilian was invented?
THE PRESIDENT:
In common and current language, it is practically not used.
REP. CAÑAS ESCALANTE:
Yes, of course subjunctive is not used, but we are also not talking about us in Latin America.
MS. MARTA RIVERA:
Did not turn on the microphone.
REP. CAÑAS ESCALANTE:
The connotation of this hypothetical future is that everything that can happen from today forward, although it has occurred before a certain date, goes into the subjunctive, goes into the hypothetical future.
For me what is unacceptable is the present “el haya.”
THE PRESIDENT:
Did not turn on the microphone.
REP. CAÑAS ESCALANTE:
SPECIAL STANDING DRAFTING COMMITTEE
Exhibit C-1l Page 132 of 311
130
MINUTES OF MEETING NO. 6 23
No, no, that it has been provided yes, but that it provides a service, everyone who provides a service without impacting their relationship of dependency to one who has not presented a statement or had not presented income statements.
The fact is that I, frankly – perhaps I am very old – I don’t see a need to change things, that is to say, I have never believed in sending an apparatus that is working to be fixed, because they always break down, so when the sound on the television isn’t working, you send it to be fixed, but if it is working, why send it?
We have a tradition of one hundred and sixty years of legal drafting that is done in a certain way; why are we going to change it? Because it occurs to us.
It’s like the mess they made in the Assembly, in which I as a member, when they changed the managers in companies to presidents, and they threw out eighty years of case law because it occurred to Mr. Fernando Urcuyo, so that the companies where he was president could go to New York to say that he was president, like the people there. That’s what happened and they threw eighty years of the country's case law to hell for the function of a manager in a company.
THE PRESIDENT:
Alberto, what you object to are these two “haya"; let’s change them to “hubiera,” then, in both cases.
(Microphones turned off).
MS. MARTA RIVERA:
...is at what time is the person going to commit the violation, then we see that first this man or woman has not presented an income tax statement. In the previous case, since the income statement is not presented, a punishment is assessed.
Did not turn on the microphone.
THE PRESIDENT:
To have presented is prior to ‘to provide services’.
MS. MARTA RIVERA:
Did not turn on the microphone.
SPECIAL STANDING DRAFTING COMMITTEE
Exhibit C-1l Page 133 of 311
131
MINUTES OF MEETING NO. 6 24
REP. CAÑAS ESCALANTE:
It is for the one who does not present it, that is, for the one who does not present a tax statement, and who is not employed, that is to say, an attorney on the payroll of Banco Nacional is not covered here, or an attorney who has a law firm, it is that situation, the attorney who provides services without it impacting... that is to say that he has an open office, that is, the gentleman is the subject, that is to say, the fact that he provides a statement that no, at no time, the attorney with an open office, the doctor with an open office, that is to say, this is all a subject who provides services, who provides services without wanting a problem with a client.
...but the fact of the one who provides services is a definition of the subject.
MS. MARTA RIVERA:
That’s fine Alberto, but the subject is that when it is presumed that one merits a penalty, it is presumed because they did not present, it was not presented previously, as they did not present an income tax statement it is presumed they merit it, because it is assumed that they are providing services, that if someone is an attorney and has a law firm, as you said, if they are a doctor they have a clinic, so they have clients, they obtain benefits, and no income statement has been presented, then they merit a penalty.
REP. CAÑAS ESCALANTE:
Did not turn on the microphone.
MS. MARTA RIVERA:
...or it is assumed or will be assumed that it has to be included there, it is assumed that they receive a net income.
THE PRESIDENT:
So, Alberto, I think we also have to take out the "hubiera” and the “haya” as you just now said. If we have “every technical professional who provides service without a relationship of dependence with their clients who does not file an income tax statement when they should, and who do not pay the corresponding taxes, a presumptive income will be assumed.” Therefore it is better to put it in those terms, taking out the compound form.
SPECIAL STANDING DRAFTING COMMITTEE
Exhibit C-1l Page 134 of 311
132
MINUTES OF MEETING NO. 6 25
And therefore does not pay the corresponding tax or does not issue the vouchers, or who incurs etcetera etcetera, it will be presumed that he receives a minimum annual income according to the classification.
(Microphones turned off).
REP. CAÑAS ESCALANTE:
...line four, “following” for “subsequent,” it seems to me that following is more precise…
(Microphones turned off).
MS. FIORELLA CARVAJAL:
In this same Article 55, to remember the material errors that had been consigned in the most recent meeting of the Committee on Economic Affairs. Here the sentence is repetitive. The first paragraph establishes that they must present the sworn statement in the locations designated by the Tax Authority, and then there is a paragraph that says, precisely: “the statements will be filed in the places that the Tax Authority designates,” so it is repetitive.
(Microphones turned off).
In Article 2 of this law, they must present the sworn income statement in the locations the Tax Authority designates, and subsequently, in the second paragraph, it goes back to establish that the statements will be presented in the locations that the Tax Authority designates.
(Microphones turned off).
THE PRESIDENT:
Starting from “business” it would be a separate point and we would draft it as follows: “It will be punished with a fine that ranges from twenty-five thousand colones to one hundred thousand colones, with a fine of twenty-five thousand to one hundred thousand colones for anyone who breaks, destroys or alters the official seals, comma, even in the event that the action was provoked or instigated by the taxpayer himself, his representative, the administrators, or his personal use.
SPECIAL STANDING DRAFTING COMMITTEE
Exhibit C-1l Page 135 of 311
133
MINUTES OF MEETING NO. 6 26
MS. FIORELLA CARVAJAL:
Did not turn on the microphone.
MS. MARTA RIVERA:
Did not turn on the microphone.
THE PRESIDENT:
A fine of twenty-five thousand to one hundred thousand colones, who provoked or instigated by the taxpayer himself [sic] breaks, destroys or alters those seals.
MS. MARTA RIVERA:
Did not turn on the microphone.
THE PRESIDENT:
...the penalty will be imposed according to the procedure established in Articles 148 et seq. of the Code, etcetera, etcetera.
For this sanction, the established procedure will be followed.
MS. FIORELLA CARVAJAL:
Did not turn on the microphone.
THE PRESIDENT:
And if we put in 20 bis, 20 term.
To not change the numbering then we put in 20 bis. Starting at the one who breaks and destroys such and such would be 20 bis.
MS. FIORELLA CARVAJAL:
Did not turn on the microphone.
THE PRESIDENT:
We did not put a heading in for 20 bis. Penalty for breakage of seals, 20 bis.
SPECIAL STANDING DRAFTING COMMITTEE
Exhibit C-1l Page 136 of 311
134
MINUTES OF MEETING NO. 6 27
greater than 4000 kilos… 117 base salaries for each vehicle. (The rest is the same)
THE PRESIDENT:
The motion is properly discussed.
THE SECRETARY:
Has the motion been sufficiently discussed?
THE PRESIDENT:
Discussed. Four representatives present. Four votes in favour. APPROVED.
(Microphones turned off).
We have therefore approved here the proposal of the philologists with all of the modifications that we have made. I would like the following to be included in the minutes: once the text is assembled, we are going to ask Ms. Ana Fiorella Carvajal of Technical Services to give a detailed, thorough reading to the text as it is put together here, because in any event the second debate is not going to occur today, rather it is going to the Court for consultation, but as this is a very delicate matter, to please help us with this.
MS. FIORELLA CARVAJAL:
An additional observation on the material errors that had been made in the Committee on Economic Affairs. There were three errors in the law, one that it is possible for the Drafting Committee to do, officially, and two more that it is important for them to be corrected. Therefore, see if the Committee on Economic Affairs can be called for the purposes of sending that note.
MS. MARTA RIVERA:
...and at the end of the last page it says “Mongo” it is “Mango” they say.
THE SECRETARY:
Has the final draft of File No. 12.142 has been discussed sufficiently?
SPECIAL STANDING DRAFTING COMMITTEE
Exhibit C-1l Page 137 of 311
135
MINUTES OF MEETING NO. 6 28
THE PRESIDENT:
Five representatives present. Five votes in favour.
APPROVED.
The meeting is ended.
(ELEVEN O’CLOCK IN THE MORNING)
CARMEN MARÍA VALVERDE ACOSTA MARIA LUISA ORTIZ MESEGUER President Secretary
SPECIAL STANDING DRAFTING COMMITTEE
Exhibit C-1l Page 138 of 311
136
LEGISLATIVE ASSEMBLY SAN JOSÉ, COSTA RICA
RECORDS
THIRD STANDING LEGISLATIVE COMMITTEE WITH FULL POWER
SAN JOSÉ, THE TWENTY-FIRST DAY OF JUNE OF
NINETEEN HUNDRED AND NINETY-FIVE
On today’s date, the bill that is the object of this Document was discussed in the stage of the
SECOND DEBATE and it was APPROVED.
Nery Agüero Montero EXECUTIVE ASSISTANT
Exhibit C-1l Page 139 of 311
137
LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF COSTA RICA
THIRD COMMITTEE WITH FULL LEGISLATIVE POWER
MINUTES OF MEETING NO. 005
AT 5:15 P.M. ON JUNE 21, 1995
REGULAR SESSION – SECOND LEGISLATURE (From May 1, 1995 to April 30, 1996)
BOARD OF DIRECTORS
Rep. Maria Lidya Sánchez Valverde Rep. Manuel A. Barrantes Rodríguez PRESIDENT SECRETARY
REPRESENTATIVES PRESENT
Aragón Barquero, Bernal Coto Molina, Walter Vázquez Badilla, Lorena
Arguedas Rivera, Guillermo Chaves Ovares, Alejandro Villalta Fernández, Rafael A.
Brenes Rojas, Víctor Julio Fajardo Salas, Gonzalo Núñez Villanueva Monge, Luis Gerardo
Canas Escalante, Alberto Torres, Víctor Hugo
Corrales Blanco, Elsy Weisleder Weisleder, Saúl
Exhibit C-1l Page 140 of 311
138
MINUTES OF MEETING NO. 5 Page 2 21/5/95
TABLE OF CONTENTS
The meeting is opened. 3
A. DISCUSSION AND APPROVAL OF MINUTES 3
Discussed. APPROVED. 3
C. SECOND DEBATES 3
1. File No. 11.202 Law for Creation of the Las Baulas de Guanacaste Marine Park 3
Discussed. Thirteen representatives present. UNANIMOUSLY APPROVED. 3
The meeting is ended. 3
THIRD FULL LEGISLATIVE COMMITTEE
139
Exhibit C-1l Page 141 of 311
MINUTES OF MEETING NO. 5 Page 3 21/5/95
PRESIDENT MARÍA LIDYA SÁNCHEZ VALVERDE:
The meeting is opened.
A. DISCUSSION AND APPROVAL OF MINUTES
Discussion of Minutes of Meeting Number No.004.
SECRETARY MANUEL ANTONIO BARRANTES RODRÍGUEZ:
Have the minutes to meeting no. 4 been sufficiently discussed?
THE PRESIDENT:
Discussed. APPROVED.
B. INTERNAL MATTERS
None.
C. SECOND DEBATES
1. Under discussion File No. 11.202 Law for Creation of the Las Baulas de Guanacaste Marine Park
SECRETARY MANUEL ANTONIO BARRANTES RODRÍGUEZ:
Has this been sufficiently discussed?
PRESIDENT MARÍA LIDYA SÁNCHEZ VALVERDE:
Discussed. Thirteen representatives present. UNANIMOUSLY APPROVED.
The meeting is ended.
(FIVE TWENTY-FIVE IN THE AFTERNOON)
PRESIDENT SECRETARY
Third Full Legislative Committee
140
Exhibit C-1l Page 142 of 311
LEGISLATIVE ASSEMBLY SAN JOSÉ, COSTA RICA RECORDS
THIRD STANDING LEGISLATIVE COMMITTEE WITH FULL POWER
SAN JOSÉ, THE THIRD OF JULY OF NINETEEN HUNDRED AND NINETY-FIVE
On this date, File No. 11.202, the “Law for Creation of the Las Baulas de Guanacaste
National Marine Park” is delivered to the Department Head. It consists of one volume with a total of 140 pages. There is no exact copy.
Nery Agüero Montero EXECUTIVE ASSISTANT
Exhibit C-1l Page 143 of 311
141 RECORDS
DEPARTMENT OF THE SECRETARY AND MINUTES
SAN JOSÉ, ON THE THIRD DAY OF JULY OF
NINETEEN HUNDRED AND NINETY-FIVE
On today’s date, at FIVE FIFTEEN IN THE AFTERNOON, File No. 11.202, “CREATION OF
THE LAS BAULAS DE GUANACASTE NATIONAL MARINE PARK" is received from the
THIRD FULL COMMITTEE. It consists of ONE HUNDRED AND FORTY pages.
Ms. Sandra Chamorro PROFESSIONAL MANAGER DEPARTMENT OF THE SECRETARY AND MINUTES
-mmb
Exhibit C-1l Page 144 of 311
142
RECORDS
DEPARTMENT OF THE SECRETARY AND MINUTES
SAN JOSÉ, THE THIRD OF JULY OF NINETEEN HUNDRED AND NINETY-FIVE.
On today’s date, at FIVE THIRTY IN THE AFTERNOON, the final report and corresponding disk for Bill No. 11.202 “CREATION OF THE LAS BAULAS DE GUANACASTE
NATIONAL MARINE PARK” is received from the DRAFTING COMMITTEE. It consists of
FOUR pages.
Ms. Sandra Chamorro A. PROFESSIONAL MANAGER DEPARTMENT OF THE SECRETARY AND MINUTES
/mmb
Exhibit C-1l Page 145 of 311
143
RECORDS
DEPARTMENT OF THE SECRETARY AND MINUTES
SAN JOSÉ, THE THIRD OF JULY OF NINETEEN HUNDRED AND NINETY-FIVE.
On today’s date, at TEN FORTY-FIVE IN THE MORNING, Legislative Order No. 7524,
“CREATION OF THE LAS BAULAS DE GUANACASTE NATIONAL MARINE PARK” is sent to the PRESIDENT OF THE ASSEMBLY to collect the signatures of the members of the
Board. It consists of FOUR pages.
Ms. Sandra Chamorro A. PROFESSIONAL MANAGER DEPARTMENT OF THE SECRETARY AND MINUTES
RECEIVED: DATE: TIME:
/mmb
Exhibit C-1l Page 146 of 311
144
RECORDS
EXECUTIVE BOARD
SAN JOSÉ, THE TENTH OF JULY OF NINETEEN HUNDRED AND NINETY-FIVE.
On today’s date, at TEN FORTY-FIVE IN THE MORNING, Legislative Order No. 7524,
“CREATION OF THE LAS BAULAS DE GUANACASTE NATIONAL MARINE PARK” is sent to the MINISTRY OF THE PRESIDENT’S OFFICE, duly signed by the members of the
Legislative Board. It consists of FOUR pages.
Antonio Ayales Esna EXECUTIVE DIRECTOR LEGISLATIVE ASSEMBLY
RECEIVED: DATE: TIME:
/mmb
Exhibit C-1l Page 147 of 311
145
RECORDS
DEPARTMENT OF THE SECRETARY AND MINUTES
SAN JOSÉ, THE TWENTIETH OF JULY OF NINETEEN HUNDRED AND NINETY-FIVE.
On today’s date, at ONE O’CLOCK IN THE AFTERNOON, the ORIGINAL of Legislative
Order No. 7524, “CREATION OF THE LAS BAULAS DE GUANACASTE NATIONAL
MARINE PARK” is received from the EXECUTIVE BOARD of the Legislative Assembly, which was duly sanctioned by the Executive Authority. It consists of FIVE pages.
Ms. Sandra Chamorro A. PROFESSIONAL MANAGER DEPARTMENT OF THE SECRETARY AND MINUTES
/mmb
Exhibit C-1l Page 148 of 311
146
RECORDS
EXECUTIVE BOARD
SAN JOSÉ, ON THE TWENTY-SEVENTH DAY OF JULY OF NINETEEN HUNDRED AND NINETY-FIVE.
On today’s date, at ONE THIRTY IN THE AFTERNOON, File No. 11.202, “CREATION OF
THE LAS BAULAS DE GUANACASTE NATIONAL MARINE PARK” was sent to the
ARCHIVES DEPARTMENT, with its respective Order No. 7524, which was duly sanctioned by the Executive Authority. It consists of ONE HUNDRED AND FIFTY-THREE pages.
Ms. Sandra Chamorro A. PROFESSIONAL MANAGER DEPARTMENT OF THE SECRETARY AND MINUTES
RECEIVED: DATE: TIME:
/mmb
Exhibit C-1l Page 149 of 311
147
LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF COSTA RICA
THIRD COMMITTEE WITH FULL LEGISLATIVE POWER
SAN JOSÉ – COSTA RICA
Exhibit C-1l Page 150 of 311
148
LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF COSTA RICA
THIRD COMMITTEE WITH FULL LEGISLATIVE POWER
CREATION OF THE LAS BAULAS DE GUANACASTE
NATIONAL MARINE PARK
FILE NO. 11.202
LEGISLATIVE ORDER NO. 7524
SAN JOSÉ – COSTA RICA
Exhibit C-1l Page 151 of 311
149
7524
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF COSTA RICA
ORDERS:
CREATION OF THE LAS BAULAS DE GUANACASTE NATIONAL PARK
ARTICLE 1. Creation and boundaries
The Las Baulas de Guanacaste National Marine Park is hereby created, whose boundaries, according to the Villareal and Matapalo map pages, scale 150,000 of the National
Geographic Institute, will be the following: starting from a point located at the coordinates N
259.100 and E 332.000, continue along a straight line until reaching an imaginary line that is parallel to the coast, one hundred and twenty-five meters away from the seaward regular high tide line. The boundary then continues along this imaginary line, in a south easterly direction, until ending at the point of coordinates N 255.000 and E 335.050.
This Park will also include the Tamarindo, Ventanas and San Francisco Estuaries and their mangroves; the hill located immediately behind Playa Ventanas, Cerro El Morro, Isla
Capitán, Isla Verde, the public area of fifty meters measured from the regular high tide line, between Punta San Francisco and the San Francisco estuary, and the territorial waters of
Tamarindo Bay between Punta Conejo and the extreme southern point of Playa Langosta, up to the regular high tide line.
Exhibit C-1l Page 152 of 311
150 THIRD COMMITTEE WITH FULL LEGISLATIVE AUTHORITY 2 LAW No: 7524
ARTICLE 2. Expropriations
In order to comply with this law, the competent institution will handle the expropriations of all or part of the property or properties located in the area delimited in the previous article.
The private land located inside these boundaries will be subject to expropriation and will be considered part of the Las Baulas National Marine Park, unless they are not acquired by the
State through purchase, donations or expropriations; in the meantime, the property owners will enjoy the full exercise of the attributes of ownership.
ARTICLE 3. Administration
The Park will be administered by the National Park Service of the Ministry of Natural
Resources, Energy and Mines as established in Law No. 7152 of June 5, 1990, in collaboration with the respective municipalities and advisory services from the Costa Rican Tourism Institute, and from the National Geographic Institute, as per the functions of each institution.
LEGISLATIVE ASSEMBLY
Exhibit C-1l Page 153 of 311
151 THIRD COMMITTEE WITH FULL LEGISLATIVE AUTHORITY 3 LAW No: 7524
ARTICLE 4. Sources of funds
The Park will have the sources of funds that will allow it to handle its development.
Furthermore, the interested municipalities will include in their budgets the amounts they believe necessary to collaborate with the Department of National Parks in regard to maintenance of the
Las Baulas National Marine Park.
ARTICLE 5. Acquisition of land
The acquisition of land that is the object of this law will be financed using funds from the
National Budget and public or private donations, whether national or international.
LEGISLATIVE ASSEMBLY
Exhibit C-1l Page 154 of 311
152 THIRD COMMITTEE WITH FULL LEGISLATIVE AUTHORITY 4 LAW No: 7524
ARTICLE 6. Validity
This law takes effect on the date of its publication.
THIRD FULL LEGISLATIVE COMMITTEE. The foregoing bill is approved on the twenty-first of June of nineteen hundred and ninety-five.
Maria Lydia Sanchez Valverde PRESIDENT
Manuel Antonio Barrantes Rodriguez SECRETARY
LEGISLATIVE ASSEMBLY. San José, on the third day of July of nineteen hundred and ninety-five.
NOTIFY THE EXECUTIVE AUTHORITY
Antonio Alvarez Desanti PRESIDENT
Alvaro Azofeifa Astúa Manuel Antonio Barrantes Rodriguez FIRST SECRETARY SECOND SECRETARY
LEGISLATIVE ASSEMBLY
Exhibit C-1l Page 155 of 311
153
Law No: 7524
-5-
Issued in the office of the President of the Republic. San José, on the tenth day of July of nineteen hundred and ninety-five.
Implement and publish.
José Maria Figueres Olsen
René Castro Salazar MINISTER OF NATURAL RESOURCES, ENERGY AND MINES
LYS.-
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