Dilma explains vetoes to the Forest Code.
In the Official Gazette of the Union, the president points out that "the text does not precisely indicate the parameters that guide the interpretation and application of the law"; read the full publication.
247, with Agência Brasil The Official Gazette of the Union publishes in Monday's edition 28 of President Dilma Rousseff's vetoes to the law concerning the new Brazilian Forest Code have been published. The provisional measure complementing the project has also been published. The provisional measure is valid for 60 days and may be extended for another 60 days.
The announcement of the new rules was made on Friday the 25th by the Attorney General of the Union, Luís Inácio Adams, and by the Ministers of the Environment, Izabella Teixeira, of Agriculture, Mendes Ribeiro, and of Agrarian Development, Pepe Vargas. The law contains 84 articles – 12 articles were vetoed and 32 modifications were introduced.
Read the full publication below:
Article 1 - Regarding the general rules of the Forest Code
In general, Dilma pointed out that "the text does not precisely indicate the parameters that guide the interpretation and application of the law."
Paragraph XI of Article 3 - regarding the interruption of agricultural activities for the recovery of soil capacity (fallow land)
Dilma's argument is that "the approved concept of fallow land does not establish temporal or territorial limits for its practice," which leaves loopholes allowing properties to remain fallow indefinitely and making oversight impossible.
Paragraph 3 of Article 4 - regarding the preservation areas of salt marshes and mangroves
According to Dilma, "the measure leaves the salt marshes and salt flats without any protection against undue intervention. It also excludes the legal protection of wetland systems preserved by international standards to which Brazil is a signatory." The president argued that such systems should have specific regulations.
Paragraphs 7 and 8 of Article 4 - concerning the riparian zones of rivers, streams, and waterways in urban areas.
The president considered it a step backward that the distance of these buffer zones be established by master plans and municipal land use laws, according to state and municipal environmental councils. According to her, it is necessary to observe the minimum protection criteria, to be established by the Code.
Paragraph 3 of Article 5 - Regarding the use and conservation of artificial reservoirs.
The veto occurred because this regulation would be governed by the Environmental Plan for Conservation and Use of the Surroundings of Artificial Reservoirs, which has not yet been transformed into law, thus hindering its application.
Paragraphs 1 and 2 of Article 26 - concerning federal and municipal environmental protection areas.
"The proposals address the issue in a partial and incomplete way," which justified the veto.
Article 43 - Regarding the recovery of native areas by companies holding concessions for water supply and hydroelectric power generation services.
The article, Dilma states, does not impose on these companies the duty to recover, maintain, and preserve the entire hydrographic basin where there is an installation. According to the president, establishing only partial recovery of the basin is disproportionate and contrary to the public interest.
Article 61 - on the restoration of riverbanks
The justification is that the text is "imprecise and vague" and appears to grant amnesty to those who violated the legislation, eliminating "the possibility of restoring a significant portion of the country's vegetation." The president also criticizes the lack of environmental parameters for restoring riverbanks, since no rules are established taking into account the size of the rural properties involved.
Article 76 - on the conservation of national biomes
Dilma vetoed the article because it established a deadline for the Executive Branch to send draft laws to Congress. According to her, this violates the principle of separation of powers in the Constitution.
Article 77 - on the environmental impact of construction projects
The article refers to "Guidelines for Property Occupation," but this term is not defined in the Forest Code, therefore there is no way to determine what developers should present.