Venezuela's Ministries of the Environment, Agriculture & Land and Basic Industries & Mining (Mibam) have completed a preliminary draft of a 'Law on Forests' which will now be subject to a nationwide public consultation process. It is intended that a final draft of the Forests Act (to replace the existing 40-year-old Forestry, Soil & Water Act) should be included in a series of legal measures to be approved by President Hugo Chavez Frias under special powers included in the Enabling Act which allows him authority to issue discretionary decrees.

All three ministries are agreed that the proposal shoudl be consistent with Venezuela's 'new development model; which confirms the full sovereignty of the State over the natural heritage of the nation and lays the groundwork for development potentials and comparative advantages in forestry.

The document states that by means of legal mechanisms included in the Act, the State reaffirms the prevalence of collective interest and the constitutional right of people to enjoy a healthy and ecologically balanced environment in any overlap of individual interests to profiting from exploitation of natural resources. The National Executive reserves stewardship and leadership in management of natural resources, so that "all organs of public power sharing responsibilities and people's participation are guaranteed various consultation mechanisms, social control, popular initiatives, community management etc."

The draft Forests Act seeks to strengthen the defense and preservation of native forests, halting depletion of forests and the defense of native forest ecosystems against threats of deforestation and degradation. The text delivers guarantees for sustainable use and exploitation of the forest, based on multiple use and enforceability of the management plan as a guarantee of sustainability, eliminating annual permits or authorizations as a means of access to the forest, while driving forest management as a conservation strategy. The text also suggests increased taxes for taking advantage of native forest timber and encourages the use of non-timber plantations as a source of raw materials.

As regards Frest Reserves, the preliminary draft suggests that recovery of the forest, its use and activities therein must prevail. "Forest land should not be considered idle and/or unproductive, and comprehensive use of the land should be promoted, combining forestry with other lines of production to enhance sustainable rural development while establishing mechanisms and incentives for conservation and sustainable use of forests with effective sanctions that undermine any tendency to break the law and violate forest heritage."

"The new vision is aimed at reducing pressure on native forests as a source of raw material, to increase and diversify the production of forest assets (timber or otherwise) through stimulation of plantations and agroforestry systems to raise national production of forest industry sourced raw materials and to revive and revitalise one of the most extensive production chains that generates more added value."

Article 57: The National Executive may impose restrict or prohibit the development of certain activities, use or exploitation of the forest and other natural resources (that are the property of the nation or privately owned), where necessary to ensure the success of the work or works of conservation, protection, recovery or rehabilitation of forests, forest lands and other ecosystems.

Article 78: The allocation of plots in forested areas that are the property of the nation or privately owned, for development by government agencies, projects and activities of public interest, must be approved by the competent organ after an evaluation of environmental impacts and consultation with local communities. The forest assets resulting from these effects must be placed at the disposition of the National Executive.

Article 116: National Executive resolutions are required to ensure efficient and sustainable use of forest heritage, including the establishment of standards and formal systems of measurement, definition and implementation of criteria and indicators for forest management and the sustainable development of standards and guidelines among other mechanisms for regulating the use and exploitation of forestry resources.