COSTA RICA Law and Practice Contributed by: Germán Pochet Ballester, BioIuris
ble Fishing Marine Areas, which encourages sustain- able practices and community participation in marine resource management. 3. Environmental Protections 3.1 Protection of Environmental Assets The protection of environmental assets in Costa Rica originates from the constitutional recognition of the right to a healthy and ecologically balanced environ- ment, which establishes the state’s duty to guaran- tee and safeguard this environmental asset as it is a right for all individuals. This constitutional mandate provides the foundation for a robust legal framework that ensures the conservation and sustainable use of essential natural resources. Essential legislation regarding the protection of environmental assets includes the following: • Water Law; These are complemented by the Organic Environmen- tal Law and the Biodiversity Law, as well as jurispru- dential principles – the main ones being conservation and responsible use. 3.2 Breaching Protections The consequences of breaching environmental reg- ulations may result in administrative sanctions, civil liability and criminal prosecution depending on the nature and severity of the violation. Administrative sanctions may include: • fines, which are determined by an environmental damage assessment; • suspensions or revocation of environmental per- mits for projects; and • injunctions to restore the affected ecosystem. Under Costa Rican law, environmental damage gives rise to strict civil liability. Polluters are required to repair or compensate for environmental harm, even in the absence of intent or negligence. Serious viola- tions may constitute environmental crimes under the • Wildlife Conservation Law; • Maritime Zone Law; and • Forest Law.
Criminal Code and special legislation, such as the Wildlife Conservation Law. However, consequences under criminal liability tend to be the imposition of economic sanctions and reparation measures. 4. Environmental Incidents and Permits 4.1 Investigative and Access Powers The main institution is the Ministry of Environment and Energy (MINAE), which exercises oversight through several specialised institutions. Within the Ministry, there are various bodies that regulate, supervise and issue permits related to environmental matters, each with specific authority to address environmental inci- dents and breaches of environmental law or permits. The National System of Conservation Areas (SINAC) has the authority to inspect, monitor and grant per- mits related to wildlife and forestry activities, as well as to impose administrative sanctions in cases of violations of environmental regulations. SINAC also operates through several regional offices that conduct field inspections and enforce compliance within their respective jurisdictions. Similarly, the Environmental Technical Secretariat (SETENA) is another institution within the Ministry responsible for monitoring and controlling projects to ensure compliance with environmental provisions. In cases of non-compliance or inconsistencies with approved environmental terms, SETENA may order corrective measures and suspend or revoke environ- mental permits or approvals. Regarding the use and exploitation of water resourc- es, the competent institution within MINAE is the Water Directorate, which grants water use permits and concessions. This authority may also suspend or revoke such rights in cases of non-compliance with environmental requirements or violations of applicable water regulations. 4.2 Environmental Permits/Approvals Depending on the type of activity, the competent authority for granting the corresponding environmen- tal or resource-use permit may vary. For example, per- mits for tree cutting or forestry activities, as well as the
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