A law guaranteeing access to emergency drinking water in vulnerable areas has been published. The regulation is due to be published within 60 days.
Peru’s Executive Power has published the law allowing and guaranteeing access to emergency drinking water in vulnerable areas. Approved by Congress, the law amends Article 4 of Law No. 30645, modifying the Law on population resettlement for areas of very high unmitigable risk.
Law No. 32349 has therefore been published in the Boletín de Normas Legales del Diario El Peruano.
Intangible zone
The regulation specifies that areas in a state of unmitigable risk, as declared by the relevant local authority, are designated as uninhabitable and off-limits. Granting titles and providing public services is prohibited, except for interventions aimed at the non-permanent installation of water and sewage systems, in accordance with paragraph 3.2 of Article 3 of the Law establishing measures to ensure universal access to drinking water.
It is also specified that the acquisition of property through acquisitive prescription of ownership is prohibited with respect to properties located in areas of unmitigable risk and in areas of recurrent risk due to landslides, landslides and river overflows.
Law N° 32349 also amends paragraph 3.2 of Article 3 of the Law establishing measures to ensure universal access to drinking water.
In this way, it is specified that any intervention implemented in areas of unmitigable risk to ensure universal access to drinking water must comply with the following parameters:
(a) It must be temporary.
(b) it may only include the implementation of non-permanent components
(c) The operation and maintenance period must not exceed three years.
(d) It must be implemented as part of the resettlement strategy promoted in coordination with the relevant local government and, if applicable, the sanitation service provider within whose remit it falls.
The Executive Power, through the Ministry of Housing, Construction and Sanitation, is responsible for approving the regulations of this norm within 60 calendar days of Law No. 32349 coming into force.
