Sustainable Tourism Law

332 SUSTAINABLE TOURISM LAW This may be decided in relation to those areas that due to their beauty and natural resources, their historic, folkloric or cultural values, or the characteristics of their fauna and flora, may be a point of attraction and retention of tourists (...)” (Section 16). In addition, Section 262 of the Constitution establishes that the Government and Administration of the Departments shall be exercised by the respective Departmental Governments. Section 288 also establishes that, according to the initiative of the respective Departmental Governments, these “may broaden their scope of action in communities which though not the capital of a Department (...) are of special national interest for the development of tourist travel”. They may also establish the Local Autonomous Boards as elective by the respective Electoral Body. In its Section 17, the Tourism Act of Uruguay establishes “Touristic zones declared as national interest areas (...) will be managed through agreements between the corresponding Departmental Government and the Executive Power”. Therefore, we can see that, although the government is generally responsible for Spatial Planning, this also falls under the responsibility of the Departmental Governments. The intention behind this is for the Government (Central) to lead the sector through the Ministry of Tourism while investigating tourism resources and implementing their planning at national and general levels, but in coordination with the Departmental Governments. Although property is inviolable, it may have some limitations that must be based on the grounds of general interest, a legal act, a law; it is not a uniform right. Spatial planning affects Property Rights (sanitation, types of building, materials, technology, safety). The constraints to this right are given by “urban public function”, redistribution and reprocessing. As previously stated, spatial planning must be coordinated at national and local levels. The stakeholders must also take part in a public hearing (Environmental Impact Assessment Act). A spatial plan implies organizing those activities that have an impact on tourism while simultaneously setting the main objectives; another main part of this process consists in the study of the density and the load capacity that might affect a resource. The regulation of accommodation is also necessary, which requires the distinction of residential uses and the definition of touristic uses. Defining the capacity of a specific territory does not seem an easy task, as it implies limitations of the affected area, establishing preserved areas and verifying the buildings authorized for each area. This also includes the different uses for the soil and establishing medium and long-term growth parameters.