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Peru : Indicators

2012 > 20 Key Indicators 2012 > Legal Documents for Commercial Logging Operations

There is a formal regulated system of contracts for forest authorisations, permits and licences, which are differentiated according to the method of access to the forest (levels of use). A Forest Management Plan and an Annual Operating Plan with an indication of the administrative division and the limits for use must be presented and approved by the responsible regional forest authority in order to obtain a contract.

However, civil society organisations and local communities cannot obtain directly information on the contracts/permits granted; this information can only be accessed if accreditation is provided by the holder of the right or by means of a formal request for information. The fact that the Forest Authority does not have a specific register makes it difficult for the local population to identify these rights holders; similarly, neither is there a register of the communities which are using their forests.

In previous years the National Commission of Public Registers only administered a register of forest concessions and other associated rights. However, in 2012 the General Directorate for Forests and Wildlife made available on its website Registers of Forest Concessions, which helps to identify the contracts.

Having this type of information available is not only important, but also contributes to transparency, and serves to uphold rights against third parties: difficulty in gaining access limits the ability of the populations to take decisions associated with forest operations.

This need is even more true taking into account the powers which were transferred to the regional governments, who have full powers with regard to the forest sector for granting permits for use and other operating permits; what is required here is an integrated system so that the information is not dispersed with one organisation responsible for this function. On this point, the new Forest Law (Law No. 29763), provides for this aspect with the creation of the National System for Forest and Wildlife Management, although to date this has still not been implemented.

Title a. Article 10 and 11 Law No. 27308.- Forest and Wildlife Law
b. Article 83 and 85 of Supreme Decree No. 014-2001-AG.- Regulation for the Forest and Wildlife Law
c. Terms of Reference approved for the formulation of Forest Management Plans in Native Community and/or Peasant forests intended for commercialisation on a small, medium and large scale via ADMINISTRATIVE RULING No. 232-2006-INRENA
d. Establishment of promotion measures for forest licences with wood use purposes nationwide (DS 008-2010-AG)
e. Ruling No. 070-2006-SUNARP-SN Approving the Directive which Regulates the Registration of Forest and Wildlife Licences and Licences for Forestation and Reforestation, Regulated by the Forest and Wildlife Law, Law No. 27308
f. Register of Forest Licences
Organisation a. Congress of the Republic
b. Ministry of Agriculture through its Line Directorate Institute of Natural Resources INRENA, now absorbed by the National Forest Directorate
c. Ministry of Agriculture, Ex INRENA
d. Ministry of Agriculture, General Directorate for Forests and Wildlife
e. National Commission of Public Registers – SUNARP
f. General Directorate for Forests and Wildlife
Source a. http://www.legislacionforestal.org/law-forestal-y-de-fauna-silvestre-4/
b. http://www.legislacionforestal.org/reglamento-de-law-forestal-y-de-fauna-silvestre/
c. http://www.legislacionforestal.org/archivos/varios/2010/09/Resolucion-Jefatural-232-2006-TdR-Comunidades-Nativas1.pdf
d. http://www.legislacionforestal.org/establecen-medidas-de-promocion-para-concesiones-forestal-con-fines-maderables-a-nivel-nacional-ds-008-2010-ag/
e. http://www.dar.org.pe/legis/pdf/RSUNARP.pdf
f. http://dgffs.minag.gob.pe/index.php?option=com_content&view=article&id=89&Itemid=226
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