Compensation paid by the Legal Forestry Reserve as an instrument to promulgate integrated forest/water management: a legal analysis / Compensação da reserva florestal legal como instrumento da gestão integrada floresta-água: análise jurídica

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

The propose of this study was to analyze how The Code of Forestry is to be applied, in light of the compulsory requirement to restructure the Legal Forestry Reserve, one restructuring option being the payment of compensation by the Legal Forestry Reserve in the form of another property located in the same water basin, or at most in the same Hydro Resources Unit. The study had as its general objective the widening of discussion around the topic of the Legal Forestry Reserve and compensation by way of analysis of those ideas deemed essential for successful integrated Forestry/Water management of properties in rural areas. The study has the following specific objectives: analyzing the changes made to the Brazilian Forestry Code with regard to what it says about the Legal Forestry Reserve; identifying the technical and environmental advantages of the compensation program; making the owners of rural properties in the water basins aware of the Legal Forestry Reserve’s willingness to provide compensation; ascertaining the need to institute educational guidelines and a source of legal information that relate to owners of rural property so as to help promote the conservation of forest and water resources and collaboration with regard to regulating compensation paid by the Legal Forestry Reserve amongst the various properties. A questionnaire was submitted to twelve individuals responsible for rural properties located in the Municipality of Analândia. Six of these properties were located in the water basin under study, and six of them located out of this water basin. All the twelve properties belong to the sub-basin of Alto do Corumbataí, sandwiched in the River Corumbataí basin and being deemed a priority area regarding restoration and preservation of forest vegetation; as well as being one of the areas nearest to the drainage headwaters, an area whose importance is destined to revive through the production of good quality water in quantity. The information obtained led us to conclude that despite 67 (sixty-seven) changes made to the Forestry Code by way of a Provisional Ordinance, there is still, nevertheless, no regulatory framework in place governing the restructuring of the Legal Forestry Reserve through a program of compensation. The potential for restructuring the Legal Forestry Reserve through a compensation program is a way in the field of Forestry/Water management. Ignorance of the legislation in force or lack of interest on the part of owners of rural properties testify to the need to introduce a set of educational guidelines and foster incentives that will encourage the preservation of the current level of forest vegetation in properties located in rural areas.

ASSUNTO(S)

forestry management administração florestal reservas florestais legal forestry reserve legislação florestal código florestal – brasil forestry code

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