Law 41 of 1998, that creates the Ministry of Environment, establishes the following important articles:
Article 1. The administration of the environment is an obligation of the state; Therefore, this law establishes the basic principles and standards for the protection, conservation and recovery of the environment, promoting the sustainable use of natural resources. In addition, it organizes environmental management and integrates it with social and economic objectives, in order to achieve sustainable human development in the country.
Article 101. The use of resources for industrial or commercial purposes located on the lands of communities or indigenous peoples, by their members, requires authorization issued by the competent authority.
Article 102. The lands included within the indigenous regions and reserves are unseizable, imprescriptible and inalienable. This limitation does not affect the traditional system of land transmission in indigenous communities. The communities or towns indigenous people, in general, may only be transferred from their regions and reserves, or from the lands that they possess, through their prior consent.
Article 103. In the case of activities, works or projects, developed within the territory of indigenous communities, consultation procedures will be aimed at establishing agreements with the representatives of the communities, regarding their rights and customs, as well as obtaining compensatory benefits for the use of their resources, knowledge or land
Article 104. To grant any type of authorization related to the use of natural resources, in the regions or on lands of indigenous communities, preference will be given to the projects presented by its members, as long as they meet the requirements and procedures required by the competent authorities. The above does not limit the rights of exploitation and use of resources. natural resources, which a company may have as a consequence of its right of exploration, in accordance with current legislation.
Law No. 35 de 1966, Regulates the use of water and contains the following important articles:
Article 1. Regulates the exploracion of water of the state for its usage towards social interest. It search for public welfare towards the utilizacion, conservation and administration of state water.
Article 2. Determines that water is public domain of the state, for common and free use based on what is preescribed in Law No. 35, it engloves pluvial, maritime, lacustrine, subterranean and atmosferic waters in the national territory.
Article 15. Right of water can be adquired by permission or concession for its use.
Article 16. Helpful water usage is that which brings a benefit to the public and social interest such as domestic, public health, agropecuarian, industrial, mining and energy, and necesities of animal life and recreational use.
Article 32. Right for water use or discharge might be adquired by: a. permission; b. temporary consesion; c. permanent concesion.
Article 33. Permit to use water, or discharge used water, is an authorization, revocable and valid for a short period, no longer than one year and for the use of a certain flow. Could be renewed in the opinion of the Commission.
Article 53. When inhabitants of properties or towns provide themselves with water for domestic consumption, a ditch, stream or river, it is prohibited to establish washermen on the upper part or run any operation that may alter the composition of the water or make it harmful to health.
Article 56. The Commission is empowered to impose a fine of TWENTY BALBOAS (B/.20.00) up to TWO THOUSAND BALBOAS (B/.2,000.00) in the following cases:
1. To the natural or legal person who, without previously obtaining the respective concession or permission, use the hydraulic resources to which this Decree Law is contracted.
2. To the holder of a concession or permit that uses water in a manner other than that provided for in said concession or permit.
3. To the holder of a concession or permit who infringes such concession or permit.
The primary focus of Law No. 44 is the protection and sustainable management of hydrographic basins. It establishes objectives, sanctions, and regulations for the conservation and responsible use of aquatic resources, including the protection of ecosystems and the promotion of sustainable fishing and aquaculture practices. As Article 1 describes:
Article 1. "Autoridad de los Recursos Acuáticos de Panamá" ARAP, state entity responsible for ensuring compliance with and enforcement of laws and regulations regarding aquatic resources, as well as the national policies on fishing and aquaculture adopted by the Executive Branch. The Authority will have territorial jurisdiction within the Republic of Panama and its jurisdictional waters, as well as legal personality, its own assets, and autonomy in its internal organization. It will be subject only to the policies, guidance, and inspection of the Executive Branch, and to the oversight of the General Comptroller of the Republic. For the purposes of this law, the Authority, in the scope of its functions, will be represented before the Executive Branch by the Ministry of Agricultural Development.
In many countries environmental laws require projects, activities, and infrastructure to evaluate the impact of their project to the environment, this is done through a Environmental Impact Studies (EIS). EIS purpose is to evaluate environmental effects, prevent or mitigate negative impacts, sustainable development, compliance with legal requirements, public participation, government decision-making, conserve biodiversity and ecosystems, and public health protection. Their purpose serves as a tool to assess and mitigate environmental consequences of development projects, ensuring they are conducted responsibly and sustainably, in compliance with environmetal laws and regulations.
Executive Decree 123 of 2009 establishes dispositions for which the process of Environmental Impact Assessments (EIS) will rule. EIS are divided into three categories (Article 24), category 1, category 2, and category 3. Category 1 presents non-significative impacts, category 2 presents significative environmental impacts, category 3 presents indirect, accumulative and/or synecgic cuantitative or cualitative environmental impacts. Some of their most important articles are the following:
Article 3. establishes that projects should start once sworn declaration is approved.
Article 14. Establishes that EIS should be made by people or projects registered under the Registry of Environmental Consultors of MiAmbiente.
Article 16. Lists the projects and activities that form part of the process of environmental assessment, these are the following (Each activity has a list of specific descriptions): Agriculture, fishing, mining, product manufacturing, wood industry, paper industry, manufacturing, reciclying, energy industry, construction industry, services, turism, and waste disposal.
Article 23. Lists five criteria EIS should consider. Simplified description of the criteria:
Article 26. Presents minimal requirements presented in EIS, in other words, presents the EIS document index.
Article 59. Establishes the parameters and requirements for those who want to register as an environmental consultant.