Sustainable Tourism Law

414 SUSTAINABLE TOURISM LAW VII – the usable hydro mineral sources; VIII – the locals with special climatic conditions; IX – other assets that may be defined, under this Law”. It can be seen from this itemized list that the legislator sought to exhaust the hypotheses of assets of tourist interest, in addition to providing, in the case of omission, for the inclusion of others that did not appear in such list. The legal description of the areas and places of tourist interest indicates that its institution will depend on the existence of one or more of these assets, differing due to territorial order. Thus, the special areas of tourist interest are, according toart. 3 rd : “... continuous areas of the national territory, including its territorial waters, to be preserved and valued in the cultural and natural sense, and destined to the realization of tourist development plans and projects ” (italic by the author). These are areas, as we stated when commenting the Explanatory Reasons, that are object of protection for specific purpose, as determined in paragraph 1 st , of art. 6 th , hence, “Embratur will promote agreements with the other organs and entities (...), with the purpose of defining the protected cultural and natural assets that may have tourist use, and the tourist uses compatible with the same assets.” Therefore, the establishment of areas of tourist interest requires the elaboration of a plan and programmes that establish non-predatory forms of use of natural and cultural heritage for tourist purposes. In turn, the places of tourist interest, according to art. 4 th : “... are areas of the national territory, comprehended or not in Special Areas, destined for their adaptation to the development of tourist activities, and to the accomplishment of specific projects, and that comprehend: I – assets not subject to a specific protection regime; II – their respective surroundings of protection and adaptation”.

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