Another edition of what is or isn't happening in Cabarete! How convoluted can this get?
LEY 305 DEL 20 DE MAYO DE 1968 Y LEY 64-00 DEL 18 DE AGOSTO DEL A?O 2000 – H?ctor M. L?pez, ecologista | Cabarete noticias
Here is the feeble translation and a separate link to the picture:
"
305 ACT OF MAY 20, 1968 AND LAW 64-00 AUGUST 18TH YEAR 2000 - Hector M. Lopez, ecologist
by caba8255
Illegal use of the 60 meters in Cabarete
Law 305 was enacted to modify the ART. Act 49 of 1474, on Routes of Communication, dated February 22, 1938. That ART. fixed the width of the sea area in just 20 meters, allowing constructions on the same beaches.
Although the reason that prevailed in the modification of ART. 49 of the 1474 Act, was to preserve the beauty of natural landscapes, such as interest over the years and especially after the promulgation of the Law 64-00 on Environment and Natural Resources, this sector authorities have interpreted not only as a way to preserve the beauty of coastal landscapes and seascapes, but to protect and conserve biodiversity as particularly significant and marine ecosystems of our coasts.
Law 305 provides protection throughout the national territory, of a strip of sixty (60) meters line between high tide and low tide, called tidal area, not only for the beaches, but coastal reef . But this age of sixty (60) meters, according to Law 305 also applies to rivers, streams, ponds, lakes as well as navigable and floatable under the action of the tides, in the latter cases the sixty (60) meters are determined from the banks of these water bodies.
As a result of the provisions contained in this Act prohibits any construction within this age of sixty (60) meters from the sea or water bodies listed, even if they are of a provisional nature, except those that exceptionally, authorize the Executive for tourism purposes and public utility by presidential decree.
This Act not only modified 305 ART. 49 of the 1474 Act, but keeping the same spirit of coastal-marine protection as a National Park declared a strip of seventy-five (75) feet wide along the southern coast of Santo Domingo. These seventy-five (75) feet shall be measured from the line ascends the high tide, this way, because most of the shoreline is composed of reef coastline.
Within the limits of this National Park, which extends from the Cross of May 30 with Highway Sanchez, to the Las Americas Highway La Caleta is located prohibits any construction, except port and other facilities necessary for the defense national or for tourism purposes.
305 The Act grants a period of one (1) year to be removed from all buildings erected in this age coastal-marine and a possible extension for a further year, when the Executive considers that there are valid reasons for that renewal. In this case the Law 305, to be effective and have a rationale, maintains a retroactive application.
Violations of the provisions of Act 305 are punishable under two (2) months to one (1) year imprisonment or a fine of RD $ 200.00 to RD $ 1,000.00 or both simultaneously. The judgment order to act accordingly also the demolition of the buildings constructed at the expense of the offender. The penalties provided in this Act are benign, however, if you add the order to demolish the buildings erected, then the punishment is set, appropriately enough, to the seriousness of the offense.
In regards to the General Law on Environment and Natural Resources August 18, 2000 (Law 64-00), determines in its Article 145 - "The maritime public property land or coasts belong to the Dominican State and, therefore, are inalienable and indefeasible. Every citizen has the right to the full enjoyment, subject to the limitations imposed by national security, which will be subject to regulation. "
The Section 146 - of Law 64-00 states: "The Dominican State shall ensure the protection of space assets comprising maritime-terrestrial public domain or things and ensure that the water resources, geological and biological, including flora and wildlife included in them, are not subject to destruction, degradation, pollution, improper modification, reduction or drainage.
The Section 147 - 64-00 Act specifies what property of maritime-terrestrial public domain, and among them, for the problem at hand, we have:
1) The banks of the sea and the rivers, including:
? The maritime zone or area between the low water mark, skewed or alive equator and maximum limit to where the waves reach the largest known storms or when it exceeds that of the maximum high tide line equinoctial alive. This area extends along the banks of rivers to the place where it is made sensitive tidal effect.
? The coastal strip of sixty (60) feet wide from the tide, as prescribed by <Law 305, dated April 30, 1968.
Article 148 - 64-00 Act defines with clarity the following: "The granting to individuals of permits and concessions for the enjoyment and use of coastal and marine space and resources will be made provided that the environmental valuation determined by the adaptation to the conservation and protection of human rights. "
In the case of buildings erected in Cabarete in the protected band of 60 meters established by Law 305 of May 20, 1968 and ratified and expanded by Law 64-00, not only are illegal because they usurp the right to enjoy of a public good such as the beaches, but, as in the case of Cabarete in particular affect and hinder the free movement of the winds which have given a very special way, the development of the national tourist destination. In other words, these constructions threaten the very existence of Cabarete as an international attraction of the first order.
The above mentioned Section 145 provides that the assets of maritime-terrestrial public domain belong to the Dominican State and therefore are inalienable and indefeasible, so that no individual can claim to take possession of them by any means and under any circumstances.
The Section 146 gives the mandate to the Dominican State, represented by its authorities to ensure the protection of space assets comprising maritime-terrestrial public domain and ensure that its resources, in the case of constructions in Cabarete, the geological (sand), not subject to destruction, degradation, disturbance and unauthorized modification and decline. When the ecosystem BEACH is occupied by buildings, destroyed, degraded, disturbed, modified inappropriately and reduces its size.
Among the assets of maritime-terrestrial public domain, Article 147 - not only confirms the strip 60 meters established by Act 305, but when the wide set which is a public good: "The maritime zone or space between the low water mark, skewed or alive equator and maximum limit to where the waves reach the largest known storms or when it exceeds that of the maximum high tide line equinoctial alive. " It is, of all who have been in Cabarete during large storms, known, how will the raging sea on the beach and hits the road, so the protected maritime zone established in this Section 147 is much broader than the range indicated by the Law 305, so that the violation of the constructions of yore, is even greater.
According to the statement of the Article 148 -, we gather that property investors who blatantly violate the articles of Law 305 and Law 64-00 and usufruct altering a public good, established in a clear and precise by a law of the Republic, to the detriment of the rest of the population, have not met the requirements of an appropriate environmental assessment, as with the rise of these buildings has not done an adequate conservation and protection of the public good ecosystem Cabarete beach, but precisely the opposite.
The numeral 7) of Article 183 - Act 64-00, states that demand the punishment of an offense committed by the magnitude of rise buildings investors as, negatively, positively, within the maritime-terrestrial zone restricted. The numeral gives the penalty stated above: "The obligation to modify or demolish the buildings violate provisions on protection, conservation and protection of the environment and humans, and / or
11) The obligation to repair, replace compensate, repay, restore or reinstate its original state, insofar as possible, the natural resource removed, destroyed, impaired, diminished, impaired or adversely modified.
For those people who try to wield shysters and hackneyed arguments about the validity of outdated legislation, to support environmental crime represents the lifting of buildings on beaches, it's good to know that the Law 305, contrary to legal principle of non-retroactivity, is expressly retroactive, a wise and courageous way lawmakers then, to repair all the damage done to the ecosystems of the maritime-terrestrial band prior to the enactment of this Act, why, punishable by demolition
buildings erected in the coastal strip-marina.
Law 64-00, as established not only ratifies the Law 305, but extends the maritime-terrestrial band and to avoid confusion with any other legislation, whether the 1938 or the 1957, states in its latest article, the 204 -, that "THIS LAW REPEAL AND REPLACE ALL OTHER APPLICABLE LAW OR PART OF IT THAT IS CONTRARY".
This Article eliminates any presumption crafty seek support reckless and illegal actions in law that the only potential value is historical".
Link to the picture:
Cabarete Issues
LEY 305 DEL 20 DE MAYO DE 1968 Y LEY 64-00 DEL 18 DE AGOSTO DEL A?O 2000 – H?ctor M. L?pez, ecologista | Cabarete noticias
Here is the feeble translation and a separate link to the picture:
"
305 ACT OF MAY 20, 1968 AND LAW 64-00 AUGUST 18TH YEAR 2000 - Hector M. Lopez, ecologist
by caba8255
Illegal use of the 60 meters in Cabarete
Law 305 was enacted to modify the ART. Act 49 of 1474, on Routes of Communication, dated February 22, 1938. That ART. fixed the width of the sea area in just 20 meters, allowing constructions on the same beaches.
Although the reason that prevailed in the modification of ART. 49 of the 1474 Act, was to preserve the beauty of natural landscapes, such as interest over the years and especially after the promulgation of the Law 64-00 on Environment and Natural Resources, this sector authorities have interpreted not only as a way to preserve the beauty of coastal landscapes and seascapes, but to protect and conserve biodiversity as particularly significant and marine ecosystems of our coasts.
Law 305 provides protection throughout the national territory, of a strip of sixty (60) meters line between high tide and low tide, called tidal area, not only for the beaches, but coastal reef . But this age of sixty (60) meters, according to Law 305 also applies to rivers, streams, ponds, lakes as well as navigable and floatable under the action of the tides, in the latter cases the sixty (60) meters are determined from the banks of these water bodies.
As a result of the provisions contained in this Act prohibits any construction within this age of sixty (60) meters from the sea or water bodies listed, even if they are of a provisional nature, except those that exceptionally, authorize the Executive for tourism purposes and public utility by presidential decree.
This Act not only modified 305 ART. 49 of the 1474 Act, but keeping the same spirit of coastal-marine protection as a National Park declared a strip of seventy-five (75) feet wide along the southern coast of Santo Domingo. These seventy-five (75) feet shall be measured from the line ascends the high tide, this way, because most of the shoreline is composed of reef coastline.
Within the limits of this National Park, which extends from the Cross of May 30 with Highway Sanchez, to the Las Americas Highway La Caleta is located prohibits any construction, except port and other facilities necessary for the defense national or for tourism purposes.
305 The Act grants a period of one (1) year to be removed from all buildings erected in this age coastal-marine and a possible extension for a further year, when the Executive considers that there are valid reasons for that renewal. In this case the Law 305, to be effective and have a rationale, maintains a retroactive application.
Violations of the provisions of Act 305 are punishable under two (2) months to one (1) year imprisonment or a fine of RD $ 200.00 to RD $ 1,000.00 or both simultaneously. The judgment order to act accordingly also the demolition of the buildings constructed at the expense of the offender. The penalties provided in this Act are benign, however, if you add the order to demolish the buildings erected, then the punishment is set, appropriately enough, to the seriousness of the offense.
In regards to the General Law on Environment and Natural Resources August 18, 2000 (Law 64-00), determines in its Article 145 - "The maritime public property land or coasts belong to the Dominican State and, therefore, are inalienable and indefeasible. Every citizen has the right to the full enjoyment, subject to the limitations imposed by national security, which will be subject to regulation. "
The Section 146 - of Law 64-00 states: "The Dominican State shall ensure the protection of space assets comprising maritime-terrestrial public domain or things and ensure that the water resources, geological and biological, including flora and wildlife included in them, are not subject to destruction, degradation, pollution, improper modification, reduction or drainage.
The Section 147 - 64-00 Act specifies what property of maritime-terrestrial public domain, and among them, for the problem at hand, we have:
1) The banks of the sea and the rivers, including:
? The maritime zone or area between the low water mark, skewed or alive equator and maximum limit to where the waves reach the largest known storms or when it exceeds that of the maximum high tide line equinoctial alive. This area extends along the banks of rivers to the place where it is made sensitive tidal effect.
? The coastal strip of sixty (60) feet wide from the tide, as prescribed by <Law 305, dated April 30, 1968.
Article 148 - 64-00 Act defines with clarity the following: "The granting to individuals of permits and concessions for the enjoyment and use of coastal and marine space and resources will be made provided that the environmental valuation determined by the adaptation to the conservation and protection of human rights. "
In the case of buildings erected in Cabarete in the protected band of 60 meters established by Law 305 of May 20, 1968 and ratified and expanded by Law 64-00, not only are illegal because they usurp the right to enjoy of a public good such as the beaches, but, as in the case of Cabarete in particular affect and hinder the free movement of the winds which have given a very special way, the development of the national tourist destination. In other words, these constructions threaten the very existence of Cabarete as an international attraction of the first order.
The above mentioned Section 145 provides that the assets of maritime-terrestrial public domain belong to the Dominican State and therefore are inalienable and indefeasible, so that no individual can claim to take possession of them by any means and under any circumstances.
The Section 146 gives the mandate to the Dominican State, represented by its authorities to ensure the protection of space assets comprising maritime-terrestrial public domain and ensure that its resources, in the case of constructions in Cabarete, the geological (sand), not subject to destruction, degradation, disturbance and unauthorized modification and decline. When the ecosystem BEACH is occupied by buildings, destroyed, degraded, disturbed, modified inappropriately and reduces its size.
Among the assets of maritime-terrestrial public domain, Article 147 - not only confirms the strip 60 meters established by Act 305, but when the wide set which is a public good: "The maritime zone or space between the low water mark, skewed or alive equator and maximum limit to where the waves reach the largest known storms or when it exceeds that of the maximum high tide line equinoctial alive. " It is, of all who have been in Cabarete during large storms, known, how will the raging sea on the beach and hits the road, so the protected maritime zone established in this Section 147 is much broader than the range indicated by the Law 305, so that the violation of the constructions of yore, is even greater.
According to the statement of the Article 148 -, we gather that property investors who blatantly violate the articles of Law 305 and Law 64-00 and usufruct altering a public good, established in a clear and precise by a law of the Republic, to the detriment of the rest of the population, have not met the requirements of an appropriate environmental assessment, as with the rise of these buildings has not done an adequate conservation and protection of the public good ecosystem Cabarete beach, but precisely the opposite.
The numeral 7) of Article 183 - Act 64-00, states that demand the punishment of an offense committed by the magnitude of rise buildings investors as, negatively, positively, within the maritime-terrestrial zone restricted. The numeral gives the penalty stated above: "The obligation to modify or demolish the buildings violate provisions on protection, conservation and protection of the environment and humans, and / or
11) The obligation to repair, replace compensate, repay, restore or reinstate its original state, insofar as possible, the natural resource removed, destroyed, impaired, diminished, impaired or adversely modified.
For those people who try to wield shysters and hackneyed arguments about the validity of outdated legislation, to support environmental crime represents the lifting of buildings on beaches, it's good to know that the Law 305, contrary to legal principle of non-retroactivity, is expressly retroactive, a wise and courageous way lawmakers then, to repair all the damage done to the ecosystems of the maritime-terrestrial band prior to the enactment of this Act, why, punishable by demolition
buildings erected in the coastal strip-marina.
Law 64-00, as established not only ratifies the Law 305, but extends the maritime-terrestrial band and to avoid confusion with any other legislation, whether the 1938 or the 1957, states in its latest article, the 204 -, that "THIS LAW REPEAL AND REPLACE ALL OTHER APPLICABLE LAW OR PART OF IT THAT IS CONTRARY".
This Article eliminates any presumption crafty seek support reckless and illegal actions in law that the only potential value is historical".
Link to the picture:
Cabarete Issues