Sustainable Tourism Law

418 SUSTAINABLE TOURISM LAW It should be remembered that the Special Areas of Tourist Interest may be instituted by decree of the Executive Branch and the Locations of Tourist Interest, by an act of CNTur, currently the Ministry of Tourism, according to, respectively, arts. 11 and 18 of the Act. Moreover, there is no reason for this, since areas and Locations have an identical nature and purpose, and their only difference is their territorial extension, which would recommend having them instituted by acts of the same level, other than by the President of the Republic. Another contradiction is in art. 11, when it indicates objectives different from the tourist purposes for the plans and programmes to be elaborated for the special areas, as the guarantee of preservation and valuation of the cultural and natural heritage. However, this is contained in the specific law for the protection of the national historical and artistic heritage, and, just like those linked to establishing norms of land use and occupation, by itself it does not have a necessary relation to its tourist use. Actually, these objectives are instruments to achieve the real objective of promoting sector development, the very reason for the opportunity presented by this law. So much so that art. 12 classifies the Special Areas of Tourist Interest into two categories, the priority and the reserve categories, according to whether they permit immediate or future tourist use, in compliance with the requirements therein set forth Arts. 13 and 17 set forth requirements for the validity of the declaratory act of the areas and Art. 15 made stipulations for the validity of the plans and programmes to be carried out, becoming therefore binding. The implementation of the approved plans and programmes shall be carried out by the competent agencies and entities, at the federal, state, metropolitan and municipal levels, pursuant to art. 16. It should be reminded that the Explanatory Reasons emphasized that a large part of the norms resulting from the relevant project were the states and municipalities’ responsibility, hence the anticipation of the agreements entered into between EMBRATUR and the agencies from these spheres. Therefore, the implementation of the plans and programmes would depend on the adhesion of these political units, to which they cannot be obliged, not even to participate in the studies referred to in arts. 7 th and 14). In line with these ideas, there is a restrictive interpretation of the wording of item III, of art. 17, which sets forth: