The purpose of the measure is to facilitate the development of investment projects.
The Peruvian Government published the Legislative Decree declaring the strategic and comprehensive intervention in the areas of influence of the Chancay multipurpose port terminal as a matter of public necessity and national interest and approving special provisions for its construction and operation.
This was determined through Legislative Decree No. 1689 published yesterday in the extraordinary edition of the Bulletin of Legal Norms of the Official Gazette El Peruano .
The purpose of the regulation is to declare the strategic and comprehensive intervention in the areas of influence of the Chancay Multipurpose Port Terminal (TPMCH) as a matter of public necessity and national interest and to approve special provisions for its construction and operation.
The purpose is to facilitate the development of investment projects considered in the territorial planning instrument and/or in the urban planning instruments, prioritized in accordance with the processes and procedures established in the Multiannual Investment Programming phase within the framework of the National System of Multiannual Programming and Investment Management (SNPMGI).
SCOPE OF APPLICATION AND AREAS OF INFLUENCE OF THE TPMCH
The provisions contained in this Legislative Decree are of obligatory observance and application for natural persons, legal persons, officials and civil servants of the different levels of government.
The areas of influence of the TPMCH are those determined by the National Infrastructure Authority (ANIN) within the framework of its powers regulated in Legislative Decree No. 1659, Legislative Decree that establishes provisions that allow the National Infrastructure Authority to identify, formulate and execute investments located in the areas of influence of the logistics corridor associated with the Chancay port hub; which, for the application of this legislative decree, must also have a territorial conditioning instrument and/or urban planning instruments.
DECLARATION OF PUBLIC NEED AND NATIONAL INTEREST
The strategic and comprehensive intervention in the areas of influence of the TPMCH is declared to be of public necessity and national interest, for the execution of investment projects considered in the territorial conditioning instrument and/or urban planning instruments, among others.
Road projects are part of the strategic intervention in the areas of influence of the TPMCH and are considered in the territorial development instrument and/or urban planning instruments.
SUPPLEMENTARY AND SPECIAL PROVISIONS FOR THE AREAS OF INFLUENCE OF THE TPMCH
As part of the strategic and comprehensive intervention in the areas of influence of the TPMCH, this Legislative Decree establishes a complementary and special regulation to the norms that regulate sustainable urban development and urban developments and buildings for: (i) the land readjustment instrument; (ii) urban developments and buildings; among others, without prejudice to the application of the sectorial regulations that correspond according to the area to be intervened.
SPECIFIC PROVISIONS
- Application of land readjustment for the areas of influence of the TPMCH
The regulation states that the land readjustment in the areas of influence of the TPMCH is applied in accordance with the provisions of Law No. 31313, Law on Sustainable Urban Development and its regulations, considering the following:
Land readjustment is carried out for the purposes of urban development, urban renewal, urban regeneration, redevelopment, among others.
The Chancay Urban Development Plan, the Huaral – Aucallama Urban Development Plan, the Lima Norte Urban Development Plan and the Metropolitan Development Plan of the Constitutional Province of Callao, delimit the areas where land readjustment projects must be developed through a Specific Plan and Urban Management Units, which regulate regular and special urban and building conditions, considering, where applicable, the sectorial regulations that correspond to the area to be intervened.
The Specific Land Readjustment Plan does not require an effective citizen participation process, considering that the planning instrument that defines it has already been subject to said process.
ARTICULATION WITH THE NATIONAL STRATEGIC DEVELOPMENT PLAN
The strategic and comprehensive intervention in the areas of influence of the TPMCH must be articulated with the objectives, goals and guidelines established in the National Development Strategic Plan (PEDN) and other strategic planning instruments that are within the framework of the National Strategic Planning System - SINAPLAN.
The urban planning and management instruments developed in the areas of influence of the TPMCH must be consistent with the PEDN and other strategic planning instruments, thus ensuring that local development contributes to national development in a sustainable and integrated manner.
The National Centre for Strategic Planning (CEPLAN), in coordination with the Ministry of Housing, Construction and Sanitation, establishes the necessary mechanisms to ensure the articulation and coherence between plans and actions at the local and national levels.
They also promote the participation of relevant actors in the planning and implementation process of interventions, ensuring transparency and accountability.
LINKING REGIONAL DRINKING WATER AND SANITATION PLANS WITH URBAN PLANNING INSTRUMENTS
The Regional Drinking Water and Sanitation Plans must consider in their formulation the land classification and zoning established in the Chancay Urban Development Plan, the Huaral – Aucallama Urban Development Plan, the Lima Norte Urban Development Plan and the Metropolitan Development Plan of the Constitutional Province of Callao, as appropriate.
FEASIBILITY OF PUBLIC SERVICES
In order to address requests for the feasibility of public drinking water and sanitation services in Peru for projects considered within the areas of influence of the TPMCH; as well as for urban development and/or construction for social interest housing (VIS), which are located outside the drinking water distribution system and/or wastewater collection system or that, being within said systems, do not have the capacity to provide the aforementioned public services; the drinking water and sanitation service provider, in addition to what is indicated in Legislative Decree No. 1280, Legislative Decree that approves the Law on the Universal Drinking Water and Sanitation Service, and its Regulations, may address said request, through a supply contract, entered into with a third party that is the holder of a right to use water granted by the National Water Authority, for the supply of water and treatment of wastewater through access to its infrastructure.
ALTERNATIVE SOLUTION FOR POTABLE WATER AND SANITATION
Projects considered within the areas of influence of the TPMCH, as well as urban development and/or construction for VIS, to which Certificates of Feasibility of Conditional Services for drinking water and sanitation are issued, may propose alternative solutions that guarantee their effective provision; these alternative solutions, as well as the uses, typologies, supply and conditions are regulated in the National Building Regulations and are evaluated, authorized, supervised and received by the companies providing drinking water and sanitation services.
In the event that alternative solutions are authorized, the Potable Water and Sanitation Service Providers (EPS) issue the Certificate of Service Feasibility including said alternative solution.
MEASURES TO STRENGTHEN PUBLIC SECURITY
Within the framework of Citizen Security and Public Order in infrastructure issues within the areas of influence of the TPMCH, the authorities of the three levels of government implement and facilitate coordination and communication mechanisms to assign property and/or allocation for use for an indefinite period, as well as to deliver property via donation and/or interstate transfer in urban and urban expansion areas for the formulation and execution of Investment Projects for Creation, Improvement, Expansion and Recovery and Optimization Investments, Marginal Expansion, Rehabilitation and Replacement (IOARR) of infrastructure of the National Police of Peru and/or agencies attached to the Ministry of the Interior, within the framework of the National Multiannual Programming and Investment Management System.
PROMOTING DECENT EMPLOYMENT
The Ministry of Labor and Employment Promotion, in coordination with the Regional and/or Local Governments, within the framework of its powers, promotes and prioritizes the implementation of employment, labor and labor formalization services in the areas of influence of the TPMCH, in order to promote decent work within the framework of compliance with the socio-labor regulations of the new employment opportunities that are generated and that respond to the needs of the business sector in the territory, especially for young people, women, people with disabilities and vulnerable populations and for micro and small businesses.
MODIFICATION OF ZONING
Projects derived from the territorial conditioning instrument and/or urban planning instruments, as well as those identified by ANIN, within the framework of Legislative Decree No. 1659, are subject to the exceptional zoning change process provided for in article 37 of Law No. 31313, Law on Sustainable Urban Development and in article 122 of the Territorial Conditioning and Urban Planning Regulations of Sustainable Urban Development, approved by a Supreme Decree of the Ministry of Housing, as well as to the sectoral regulations that correspond according to the area of intervention.
VALIDITY OF THE RESTRICTED AND HIGH SECURITY ZONE OF THE HUARAL PENITENTIARY ESTABLISHMENT
The restrictions imposed by Article 14 of Legislative Decree No. 1229, Legislative Decree that declares the strengthening of prison infrastructure and services to be of public interest and national priority, remain in place for the restricted and high-security area of the Huaral Penitentiary Establishment.
SECURITY AND CRIME PREVENTION IN THE CHANCAY PORT TERMINAL AREA
To ensure the prevention and investigation of common crimes and organized crime in the areas of influence of the TPMCH, the implementation of police stations, specialized units of the National Police of Peru, security and control units of the General Directorate of Captaincies and Coast Guard (DICAPI) and other competent authorities is authorized.
Any control action on cargo, containers or similar within the primary zone is carried out after prior coordination and jointly with the customs authority, in accordance with the fifth final complementary provision of Legislative Decree No. 1053, Legislative Decree that approves the General Customs Law.
FINANCING
The implementation of the provisions of this Legislative Decree is financed from the institutional budget of the departments involved, without requiring additional resources from the Public Treasury.
