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Normativa Legal Del Ambiente En Venezuela

The right to environmental information must be recognized for all. The State is the guarantor of its exercise, the reliability of information and its dissemination. This right shall be exercised in the manner provided for in this Act and in other normative instruments adopted for this purpose. Environmental management includes: Citizen participation: It is a duty and a right of all citizens to participate actively and protagonistly in the management of the environment. All activities likely to cause damage to ecosystems must first be accompanied by environmental and socio-cultural impact assessments. The State prevents the import of toxic and hazardous wastes into the country, as well as the production and use of nuclear, chemical and biological weapons. A special law regulates the use, handling, transport and storage of toxic and dangerous substances. In contracts concluded by the Republic with natural or legal persons in the country or abroad, or in permits granted concerning natural resources, the obligation to maintain the ecological balance, to allow access to technology and transfer of technology under mutually agreed conditions and to restore the natural state of the environment in the event of modification, as included, even if not explicit. under the conditions established by law. Everyone has the right and duty to report to the competent authorities any event that endangers a healthy, safe and ecologically balanced environment.

Liability for environmental damage is objective in nature, the mere existence of the damage determines the liability of the harmful agent for having been the cause of this damage and of the person who must repair the damage caused by his conduct. This does not apply to the right to prove the causal link between the conduct committed and the damage caused, mere proof of the harmful conduct sufficient. The law establishes the provisions and guiding principles for environmental management in the context of sustainable development as a fundamental right and duty of the State and society in order to contribute to the security and achievement of maximum well-being of the population and the sustainability of the planet for the benefit of humanity. It also sets standards that develop constitutional guarantees and rights to a safe, healthy and ecologically balanced environment. The National Executive, through the Ministry of Environmental Affairs, shall regulate mechanisms to give effect to the legitimate exercise of the right to citizen participation in the formulation, adoption, implementation and monitoring of policies, plans, projects and other measures for the preservation of the environment. International and regional treaties, covenants and conventions, as well as the revision and amendment of constitutional norms and the issue of environmental legal and regulatory norms, all aim to promote development around two main axes: one based on intergenerational justice and the other on intergenerational justice. Every generation has the right and the duty to protect and preserve the environment for the benefit of itself and the world to come. Everyone has the right, individually and collectively, to enjoy a safe, healthy and ecologically balanced life and an ecologically balanced environment.

The State protects the environment, biodiversity, genetic resources, ecological processes, national parks and natural monuments, as well as other areas of particular ecological importance. The genome of living things cannot be patented, and the law on bioethical principles will regulate the matter. It is a fundamental obligation of the State, with the active participation of society, to ensure that the population works in an environment free of pollution, in which the air, water, soil, coasts, climate, ozone layer, living species are specially protected in accordance with the law. Everyone has the right and the duty to participate in environmental management issues. In the case of a conviction for offences affecting the environment or natural resources, the judge shall oblige the person or persons responsible to take appropriate remedial measures, to repair the damage caused by the offence and to compensate them. For greater clarity in the presentation of ideas, the report on environmental legislation in Venezuela is divided into two aspects, namely: constitutional protection of the environment; key national standards for environmental subsectors; international environmental treaties and conventions; the supranational agenda up to implementation and final considerations. In order to contribute to environmental management, regional, national and local coordination bodies as well as citizen and inter-institutional participation can be set up. The National Environment Agency shall establish and maintain an environmental information register containing biophysical, economic, social and legal environmental information. The data contained in the register shall be freely accessible and shall be disseminated regularly by effective means if they are of general interest.

Environmental education aims to promote, generate, develop and consolidate the knowledge, skills and attitudes of citizens in order to contribute to the transformation of society, which translates into alternative solutions to socio-ecological problems, thus contributing to the achievement of social well-being and integration into environmental management through active participation and protagonist. under the premise of sustainable development. The objectives of environmental management under the direction and coordination of the National Environment Agency are: to promote and stimulate environmental education and the leading participation of society. Compliance with the applicable legal framework is important for the implementation of effective environmental management. The guidelines for environmental planning are: citizen participation and dissemination of information, as a process at all levels of environmental planning. Environmental organizations, indigenous peoples and communities, municipal councils, organized communities and other associative forms can develop projects integrated into shared environmental management and committed to the conservation of ecosystems, natural resources and sustainable development according to the modalities of self-management and co-management. Environmental management includes: Liability for environmental damage: Liability for environmental damage is objective and its remedying rests with the person responsible for the activity or the offender. Environmental education: The continuous, interactive and inclusive process by which people acquire, understand and analyse knowledge and experience, internalize them and translate them into behaviours, values and attitudes that prepare them to participate in a protagonist way in environmental management and sustainable development.

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