Peru : Indicators
2010 > Tenure and land use > Is the ownership of different forest products clear?
Tenure and land use
Is it codified and understood who has rights to timber, minerals, non-timber forest products, wildlife, water, carbon etc? Are all these types of product available to all, or is there some form of differentiation (for example, private forest owners can issue the right to log, but only the state can issue the right to mine; or only the state can issue the right to log, but local communities who own the land can issue the right to collect non-timber forest products).
Is the ownership of different forest products clear?
Yes, according to what was established in Article 4 of Law 26821, Constitutional Law for the Use of Natural Resources: "Natural resources, kept in their original place, being these renewable or not, are the heritage of the nation. The benefits and products of natural resources obtained in the form established by the Constitutional Law for the sustainable use of natural resources, by means of award of concessions, belong to the owners of the rights granted."
It should be mentioned that in the specific case of the right of carbon trading, this right has not been defined in the legislation on the subject.
It should be mentioned that in the specific case of the right of carbon trading, this right has not been defined in the legislation on the subject.
| Title | Law for the sustainable use of natural resources, approved by Law N º 26821 Law on Forests and Wildlife, approved by Law Nº 27308 |
| Date | 26/07/1997 16/07/2000 |
| Source | http://www.adaalegreconsultores.com.pe/normas/Agricultura/8.pdf http://www.produce.gob.pe/RepositorioAPS/1/jer/PROPESCA_OTRO/marco-legal/1.3.%20Ley26821.pdf |
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