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What is the "law of Glaciers" or rather the Minimum Budget Scheme for the Preservation of Glaciers and Periglacial environment? Another possible

Humanity is part of a vast evolving universe. Earth, our home, is alive with a unique community of life. The forces of nature make existence a demanding and uncertain adventure, but Earth has provided the conditions essential for the evolution of life. The resilience of the community of life and well being of humanity depend upon preserving of a healthy biosphere with all its ecological systems, a rich variety of plants and animals, fertile soils, pure waters and clean air. The global environment with its finite resources is a common concern

for all peoples. The protection of the vitality,

diversity and beauty of the earth is a sacred duty.

The Earth Charter

In this paper identifies the main characteristics of this new law, it is worth remembering that there is still regulation by the National Executive itself. It has identified five items that were developed along the text. These are considered central to a thorough understanding of the Minimum Budget Scheme for the Preservation of Glaciers and Periglacial environment. (Hereinafter RPMPGP).

first be referred to the constitutional issue in the sense of environmental protection mandate. Was also pointed out the issue of inventory what it is, who and when made. The third point is the issue of activities which ones are banned, how are the evaluation procedures for exercising those permitted. Then indicate what the law provides penalties for violations thereof. Finally will be mentioned with regard to the authorities, whether competition and implementation and about the role of the latter. As an appendix will be incorporated into the text of the law.

I. The constitutional mandate

The issue of environmental law is no longer simply a residual right of Article 33 of the Constitution Nacional (hereinafter CN). Because since the last constitutional reform has incorporated expressly in the Constitution. Undoubtedly items such as 41 and 43, and the incorporation of international treaties by Article 75, paragraph 22, makes clear the constitutional roots of the right and the duty to protect the environment.

RPMPGP Thus landmark to be in compliance with the constitutional demand of environmental protection down the article. 41 second and third paragraph of the Constitution. In which states: "The authorities shall provide the protection of this right, the rational use of natural resources, preservation of cultural and natural heritage and biodiversity, and environmental information and education. The Nation promulgate rules containing minimum protection, and the provinces those necessary to reinforce them, without altering their local jurisdictions. "

One item should be combined with the General Environmental Law (No. 25,675) and that Article 41 is violated, because in that delineate the "minimum to achieve a sustainable and appropriate management of the environment, preservation and protection of biodiversity and the implementation of sustainable development "(Art. 1).

Under this constitutional duty RPMPGP budgets is to establish minimum standards for the protection of the glaciers and periglacial environment, to which they are constituted as public goods. The glacier is defined as "a stable perennial ice mass or flowing slowly, with or without pore water, formed by recrystallization of snow, located in different ecosystems, whatever their shape, size and status conservation. They are part of each rock glacier detritus and internal courses and surface water. (Art. 2).

For the latter states that "the term periglacial environment in the mountains, the area with frozen soil acts as a regulator of water resources. In the middle and lower mountain area that operates as a regulator of soil saturated with water ice. "(Art. 2)

The objectives of the protection and preservation of glaciers and the environment periglacial are four: first, as strategic reserves of water resources for human consumption and agriculture. This is a critical step in regard to the protection of freshwater reserves the right to water. The second objective is to preserve as water providers either for recharging watersheds and biodiversity. As a source of scientific information. And finally as a tourist attraction.

This law, the law RPMPGP with integrated waste management industry and services (No. 25,612), the management of PCB's (No. 25,670), General Law Environment (No. 25,675), la de Gestión de Agua (n° 25.688), la de Información Ambiental (n° 25.831), la de Residuos domiciliarios (n° 25.916), etcétera. Pasa a integrar ese bloque normativo en desarrollo hacia una tutela más efectiva del medio ambiente y de la reglamentación de las actividades vinculadas.

II. EL INVENTARIO

Una de la novedades de la presente ley es la institución del Inventario Nacional de Glaciares (de ahora en adelante I.N.G.) el cual persigue the identification of glacial and periglacial environment in order to achieve appropriate protection, control and monitoring. For a better understanding of ING in the following paragraphs are subdivided into the following issues: (i) the who inventory. (Ii) how the inventory. (Iii) when the inventory.

(i) The inventory who

According to the rule responsible for the inventory will be at the head of the Argentine Institute of Snow Research, Glaciology and Environmental Sciences (IANIGLA) with coordinating the national implementation of this law. And if it ever does a case of border slope of the international boundary, prior to the inventory, you have to give action to the Ministry of Foreign Affairs, International Trade and Worship. (Art. 5)

(ii) what the inventory.

With respect to the contents of the inventory, this should cover the identification of glacial and periglacial environments. The information must be recorded on the basis of four categories fixing the RPMPGP (Art. 4). Namely it is:

• For watershed.
• For the location.
• For the surface.
• by the morphology of glaciers and periglacial environment.

(iii) when the inventory.

The beginning. According to a transitional provision (Ar. 15) when enacted into law the IANIGLA has a period of 60 days to submit an implementation schedule inventory to the enforcement authority. This timetable must take priority to those areas in which activities are developed. Where the inventory should be performed in a period not longer than one hundred eighty days.

updating. It has to be updated at intervals not exceeding five years. And we must take into account the changes before they can take, either in advance or retreat as well as factors influencing their conservation, on the surface of glaciers and periglacial environment (Art. 4)

III. ACTIVITIES

The regulation of activities in this regime can be divided between groups. (I) Prohibited activities. (Ii) subject to evaluation activities. (Iii) activities in implementation. (Iv) The exempt activities.

(i) Prohibited Activities:

This grouping of prohibited activities can be distinguished on the one hand it sets a standard, a principle prohibitive; and other specific prohibitions set. In principle, setting the general prohibition of any activity that violates the purpose of the Act, namely the protection and preservation of glaciers and periglacial environments, and involving the destruction, removal or interfere with the advancing glaciers.

As to the specific prohibitions refefiere the text of the law (art. 4) is listed at:

• Pollutants: release, dispersal or disposal of substances or contaminants, chemicals or waste of any kind or size. Extends to the periglacial environment.
• Construction: prohibiting the construction of architecture or infrastructure except those required for scientific research and risk prevention.
• Mining and hydrocarbons exploration and mining and hidrocraburifera; is also extended to preriglacial environment.
• Industry: Installation of development or construction industries or industrial activities.

(ii) Activities subject to evaluation

Those activities are not prohibited must make a twofold process of assessment, prior to the authorization and execution thereof. First environmental impact assessment. The second is a strategic environmental assessment.

Finally, depending on the scale of intervention guarantees for citizens' participation, especially through hearings, according to the Law 25,675, Article 21 specifically states that "citizen participation should be ensured, mainly in procedures for environmental impact assessment and plans and programs of environmental planning, particularly in the planning and evaluation of results. "

(iii) Activities implemented

Where that prohibited activities are running, should have a environmental audit that identifies and quantifies the potential environmental impacts generated. In a period not exceeding one hundred eighty days. Verifying that impact is relevant authorities provide appropriate measures to ensure compliance with this law, may order the cessation or relocation of the activity and protective measures, cleaning and restoration apply. (Art. 15)

(iv) Exempt activities

The activities to be exempted from this evaluation process (Art. 7) activities:

• Rescue, emergency arising
• Scientific, made on foot or on skis, with any sampling, do not leave debris in glaciers and periglacial environment
• Sports, including mountaineering, rock climbing and non-motorized sports, without disturbing the environment.

III. PENALTIES

Violations and penalties are set out in principle by establishing in each of the jurisdictions, because of its police power. Which should not be less than the minimum established in RPMPGP However, in the alternative, in case of missing a penalty system in the relevant jurisdiction Article 11 states that additionally the following penalties apply under the national jurisdiction:

• Warning. Fine
• hundred (100) to one hundred thousand (100,000) base salary of entry level national public administration.
• Suspension or revocation of licenses. The suspension of the activity may be thirty (30) days to one (1) year, as appropriate and considering the circumstances.
• Termination of the activity.

Where recidivism (Art. 12) - the law is that which states that within a period of five (5) years preceding the date of commission of the offense is punished for any offense of environmental cause-fines and suspension / revocation minimums and maximums may triple. As regards the legal text outlining responsibility in the event that a legal person outside the offending those who are in charge of the direction or management are jointly responsible sanctions. As for the fate of what is perceived as a fine will focus on environmental protection and restoration of glaciers affected.

V. AUTHORITIES

The authorities will be determined by each jurisidicción, and in the case of the areas covered by the National Parks Act (Law 22,351) competition will be in charge of Administration National Parks. Regarding the A uthority Implementation is expected to be the senior national body with responsibility to environmental-determined in the regulation of the rules, still unrealized. It states that its functions will be to (Art. 10):

1. formulate actions for the conservation and protection of glaciers and periglacial environment, in coordination with the competent authorities provinces, within the Federal Council on the Environment (COFEMA), and the ministries of the national executive in the scope of their powers.
2. Contribute to the formulation of policy relating to climate change according to the objective of preservation of glaciers and periglacial environment, both in the national orbit, as in the framework of international agreements on climate change.
3. Coordinate the preparation and updating of the National Inventory of Glaciers, by the Argentine Institute of Snow Research, Glaciology and Environmental Sciences (IANIGLA).
4. regular reporting on the state of glaciers and periglacial environment existing in the Argentine territory and the projects or activities that occur on glaciers and periglacial environment or their areas of influence, which will be referred to National Congress.
5. advice and support to jurisdictions local monitoring programs, monitoring and protection of glaciers.
6. Create promotional programs and incentives for research.
7. Develop education campaigns and environmental information according to the objectives of this law.
8. Include the main results of the National Inventory of Glaciers and updates on national communications designed to inform the United Nations Framework Convention on Climate Change.

IV. NORMATIVE APPENDIX