Summary.
The bill amends Law 111 of December 30, 1974 to declare the development of the Port of Vacamonte (Puerto de Vacamonte) as a multipurpose fishing, logistics and maritime port center to be of public utility. It locates the port at Punta Vacamonte, in the district of Arraiján, province of West Panama (Panamá Oeste), and subjects its development to applicable maritime, port, environmental and fisheries rules. The amendment broadens the original declaration, which concerned the development of a fishing port.
The proposal adds the planning, modernization and operation of the port as components of its development. It provides for the integration of fishing, logistics and maritime-port activities that are functionally and environmentally compatible with the area's port use. This integration would follow criteria of environmental sustainability, operational efficiency and legal certainty, while complying with the national and international obligations of the Republic of Panama (República de Panamá).
Every port activity, work or operation would be subject, before it begins and throughout its duration, to the environmental impact assessments and permits required by the Ministry of Environment (Ministerio de Ambiente). It would also have to comply with applicable land-use and marine-coastal planning instruments, environmental carrying-capacity limits determined by that ministry on the basis of approved technical studies, and authorizations from the Panama Maritime Authority (Autoridad Marítima de Panamá) and other competent entities.
Development would be confined to the area defined in Law 111 of 1974. It could include aquatic areas strictly necessary for port operations, provided they are delimited, technically justified and approved under applicable environmental and marine-coastal rules. Functional zoning of the port area would organize the coexistence of fishing, logistics and maritime-port activities. Development and operation would also be governed by a Port Master Plan approved by the Panama Maritime Authority. That plan would be binding within the authority's sphere of competence, without displacing environmental requirements or the legal powers of other sectoral authorities.
The bill provides for corporate social responsibility mechanisms aimed at the welfare of the district of Arraiján. They would be implemented through programs, social components, budget allocations or commitments already provided for in the relevant contracts, concessions or partnership arrangements. They would preferably support technical training, artisanal fishing and community development in the port's area of influence, without creating additional financial obligations or expenditure under the General State Budget. The provisions would be applied consistently with the existing legal framework and would respect acquired rights, validly granted concessions and public authorities' powers. The proposed law would take effect upon promulgation. Its provisions concern the Ministry of Environment and the Panama Maritime Authority and would affect the fishing, logistics and maritime-port sectors and communities in the port's area of influence.
What it proposes.
- Development and operation of the Port of Vacamonte.
- Environmental compatibility and planning of the port area.
- Port planning and corporate social responsibility.
Who it would affect.
- Operators and developers of the Port of Vacamonte.
- Parties to applicable contracts, concessions or partnership arrangements.
- Competent environmental and maritime authorities.
- Communities in the port's area of influence.
Key points.
- Broadens the declaration of public utility to cover development of the Port of Vacamonte as a multipurpose fishing, logistics and maritime port center.Art. 1
- Includes port planning, modernization and operation under criteria of functional and environmental compatibility.Art. 2
- Subjects activities, works and operations, before and throughout their execution, to permits, assessments, environmental limits and competent authorities' authorizations.Art. 3
- Limits development to the legally defined area and necessary aquatic areas meeting delimitation and approval requirements, and requires functional zoning.Art. 4
- Subjects development and operation to a Port Master Plan approved by the Panama Maritime Authority.Art. 5
- Directs corporate social responsibility mechanisms toward technical training, artisanal fishing and community development through existing commitments.Art. 6
- Requires application of the proposed law to respect acquired rights, valid concessions and public authorities' powers.Art. 7
- Restates the amendments and additions to Law 111 of December 30, 1974 and sets promulgation as the start of its effect.Arts. 8-9