Sustainable Tourism Law

420 SUSTAINABLE TOURISM LAW Thus, in spite of legal and regulatory omission, we believe that the act of establishing areas and locations of tourist interest should at least estimate the deadline for the elaboration and implementation of these plans and programmes. This is the only way for the individual, subject to the restrictions of use of his property that are imposed to him, to have concrete means of resuming his complete control if the plans and programmes are not implemented. It is also the way to hold the Estate accountable, by omission, in the possible predatory action when an area or location of tourist interest that has been instituted suffers from the lack of implementation of the necessary measures for its proper use. There are several deadlines provided for in Decree No.86.176/1981: 1. for EMBRATUR to consider requests of this kind (art. 6th, paragraph 2 nd ); 2. for the bodies consulted by it to express themselves (art. 8 th , paragraph 1 st ); 3. for the notification of owners and bodies interested in the realization of the research (arts. 10 and 11). 4. so that they indicate representatives to join the Working Group that will supervise the realization of the research (art. 15); 5. for EMBRATUR to submit the terms of reference for the preparation of plans and programmes (art. 20); and, finally, 6. for the appointment of representatives of the same organs to join the Technical Monitoring Committee responsible for supervising the preparation and implementation of plans and programmes (art. 22). All of them are related to preparatory acts of the appropriate tourist use for the cultural and natural heritage, but are already definitive regarding restrictions of use of the property. There is no deadline, let’s repeat, for the preparation of plans and programmes and for their implementation, in terms of which the Estate responsibility has not been cogitated, both in legal and regulatory texts. The restrictions arising from the intention to establish a Special Area of Tourist Interest also apply to Locations of Tourist Interest, whose declaratory intention only depends on a notification to the owners. From that point, the restrictions of use imposed are perpetuated upon the declaration, although they are not succeeded by concrete measures that favour an occupation and use compatible with the aspects and characteristics pertinent to the tourist interests.