This law provides the obligation to submit to the coordination of the system, including the small producers supplying energy to third parties. A Coordinator will be appointed in order to achieve this goal, who will authorize the connection of third parties to the transmission systems and will substitute the current CDEC. The Coordinator will determine the available technical capacity of the systems for these purposes.

Open access to the transmission systems shall be granted. Denying the service shall be prohibited when technical capacity is available.

The kind of compensations due to supply unavailability is regulated to an equivalent of the power supplied in the corresponding event with a valuation of 15 times the effective power rate or the market price, according to the type of client. On the other hand, the compensations per event for each transmission company is limited to a 5% of the total income obtained in the previous commercial year, in both cases limited to a maximum amount of 20.000 UTA (Chilean annual tax unit).

Different electric power transmission systems are created, namely, the National Transmission System, the Transmission System for Development centers, the Dedicated Transmission Systems, The Zonal Transmission Systems and the International Interconnection System. The latter shall allow the import and export of electric power, both for public service and private interest, which opens an interesting market with the neighboring countries. In order to participate in power transfers, the works must have been duly declared under construction and have an energization authorization for its commissioning.

The Ministry of Environment will develop a long-term power planning process for a 30-year time frame. For these purposes, it shall include various supply and demand scenarios and identify the areas where power generation development centers may exist. The Ministry shall elaborate technical reports of every development center.

On the other hand, the Coordinator shall annually present an expansion proposal for the different transmission segments. A technical report shall be issued based on this proposal. Third-party discrepancies regarding this report can be solved by an expert panel.

Finally, a transmission expansion order shall be issued. The process of determining the strips shall be initiated based on this order. The preliminary strip shall be subject to environmental assessment and can be encumbered with easements.

To set the rates, valuation studies will be performed to determine the value of the investment and the annual costs of the operation, maintenance, and management of each section.

The transmission companies may provide as security, for the financing or performance of a project, the performance or execution rights of new constructions that belong to the transmission system.

La entrada New electric power transmission system se publicó primero en Brokering Abogados.

Scope

The scope set by Ex.Ord 78 will be maintained, that is: it is applicable to the storage facilities of hazardous substances, the latter being understood as those defined in the Chilean Standard 382 of 2013. Radioactive substances, explosives, flammable liquids and gases, storage made in port units, infectious substances (class 6 division 2 of the Chilean Standard 382-2012), bulk solids in extraction industry works (if included, the substances stored in the support services or facilities of such works) and alcoholic beverages with more than 24% alcohol, are expressly excluded from the application of this Order.

Furthermore, under this regulation, the application of the following Official Chilean Standards are included: Nch Nº 2245:2015, regarding the Product Safety Data Sheet and Nch Nº 382:2013 regarding Hazardous Substances.

Health Authorization

The new regulation broadens the cases in which a health authorization is required for functioning, leaving the following cases subject to such authorization:

• Storage of hazardous substances above 10 tons of flammable substances or 30 tons of other kinds of hazardous substances. On this regard, the new regulation is less severe, whereas it increases the limit of tons of hazardous substances that can be stored without the need of a health authorization, from 12 tons (established in Ex.Ord. 78) to 30 tons.
• Storage of gasses in cylinders, when the effective area of storage is higher than 30 m2.
• Fixed tanks of a volume equal or superior to 15 m3, or when it is equal or superior to that amount but constituted by various tanks located at a distance equal or inferior to 5 m from each other.
• Container or iso-tank storage yard, when more than one unit is stored.
• Storage of bulk solids stacked outdoors, regardless of the amounts stored.

To obtain this health authorization a tree risk analysis of possible events is needed, that includes the main basic events of the consequences of such risks, including those middle and final stages.

Once the authorization is obtained, an obligation to make statements twice a year persists. This statement shall be made through an online page called Dasuspel. Likewise, the authority must be informed if there are modifications or if there is a temporal or permanent closure. When the closure is for a term longer than one year, the authorization shall expire.

Location and access

These facilities cannot be located on the following sites:

• Near nurseries or kindergartens.
• If there is a residence on the same site, it can only be used by workers, it must be at least 15 meters from the storage facilities and it must be separated by a barrier.
• In case of farming and foresting estates that have storage facilities, they can have a residence as long as it is located at a distance of at least 100 meters.
• In case of hazardous substances warehouses, it cannot contain offices inside.

The access to these facilities must be controlled. There will a person in charge of supervising the entrance of people and machinery, and of keeping a record of the products that enter and exit the facilities. Likewise, there must be a site location plan of the company visible at the main entrance.

Common standards for the storage of hazardous substances

Regardless of the number of hazardous substances being stored, there are standards that all industries that store hazardous substances must comply with and they are as follows:

A record must be kept of the training of the personnel working in the warehouses of dangerous substances, which must be annual and must deal with:

a) Properties and hazards of the substances being stored and their safe handling

b) contents and proper use of the Safety Data Sheets

c) function and correct use of safety elements and equipment, including the consequences of incorrect operation

d) proper use of personal protective equipment and consequences of not using it, and

e) storage facility operating procedure.

A printed record must be implemented specifying the commercial and chemical name of the hazardous substances being stored, the storage capacity of the warehouse, the six-month average amount stored, the UN number and the hazard classification of the stored substances.

A sign will be placed in the porter’s lodge with the location of the sector where hazardous substances are stored and there must be a folder with a copy of the safety sheets of the hazardous substances stored.

Forms of Storage for Hazardous Substances

The regulation maintains the distinction between three ways of storing, in accordance with the amounts that are stored. There are special requirements for each one of them.

Storage of small amounts:

Hazardous substances can be stored in packages placed directly on the floor or on a smooth non-absorbing material (with some exceptions that are listed in the regulation), in facilities that are not intended as warehouses, when their total amount does not exceed 600 Kg or Liters.

Hazardous substances that are contained in containers less than 25 kgs / lts. and in glass containers they should be stored on shelves made of non-absorbent, smooth and washable material, with spill control and sufficient ventilation. In addition, the shelf must bear the labels of Nch2190.

Storage in common warehouses:

A total amount of 12 tons of hazardous substances can be stored in these warehouses. Special limitations are established for certain substances.

The storage area for dangerous substances must be clearly signed and marked and have pictograms that indicate the type of substances stored under NCh 2190, which identifies their risks. Incompatible substances should be kept at least 2.4 meters apart and hazardous and non-hazardous substances should be separated by at least 1.2 meters.

Storage in warehouses intended for hazardous substances:

When the hazardous substances exceed 12 tons they must be stored in special warehouses.

The warehouse must have an automatic fire detection system in accordance with NFPA 72 and an automatic fire extinguishing system in accordance with NCH 2095. In addition, the correct operation of these systems must be regularly checked.

The warehouse for hazardous substances must have a RF15 fire resistance of the perimeter walls of the warehouse and the doors must have at least 75% RF of the walls that contain them. This warehouse must have at least 2 escape doors in a different direction, one of the doors being the loading and unloading door. Inside there must be at least one sign indicating the prohibition of smoking.

In this case, an Emergency Plan must be implemented for hazardous substances facilities that includes at least a scale plan of the premises and the surroundings, plan of each hazardous substances storage facility, list of hazardous substances stored by facility, chain of command, emergency procedure, equipment to detect and analyze dangerous substances, systems and equipment to face emergencies, personal protective equipment and the maintenance of the operation of the emergency plan.

An Emergency Director and an Alternate Director must be appointed for the plant, and one of them must always be available at the plant.

Special storing rules for Hazardous Substances

The regulation contains special guidelines for some cases of storage, namely: storage of gases, flammable liquids in packages, flammable solids in packages, oxidizers and organic peroxides in packages, substances that must be stored in bulk, storage in containers and iso-tanks and the storage of hazardous substances in commercial stores.

Chemical incompatibilities matrix

The order provides a matrix for determining the incompatibilities between different hazardous substances for the purpose of storing them.

Staff training

The regulation is more demanding in matters of staff training. There is an obligation to train the personnel that works in these facilities at least once a year, while the former Ex.Ord.: 78 only required training every three years. The obligation of registering such training is maintained.

Picking, packing and production areas

New rules in relation to these matters were introduced. In this regard, when picking or packing takes place inside the warehouses, every security condition set forth by the regulation must be complied with. And also, the staff safety conditions set forth in Ex.Ord. 594 of the Health Department must be preserved.
 
Likewise, it has been set forth that, after picking, the packing of substances must be performed in a special area intended for that, where substances from other warehouses shall be forbidden.
 
Regarding the production areas, special regulations that specify the requirements for cases in which there is bulk storage in production or packing areas have been established.

Shower and eyewash systems

The obligation of having showers and emergency eye wash systems has been extended to common warehouses that store more than 6 tons of hazardous substances. Therefore, now both common warehouses with more than 6 tons and hazardous substances storages must have such system.

Fire detection and extinguishing system for hazardous substances

The obligation of having an examination program for the fire detection and extinguishing system in hazardous substances warehouses is added. The minimum frequency for these examinations varies from 3 months to 1 year, depending on the system used.

Labelling of hazardous substances

There are a special set of rules of how to label hazardous substances. However, these rules do not apply to pharmaceuticals, cosmetics, which have their one set of rules.

In case of imported hazardous substances, the importer is the one obliged to make sure these products comply with the labelling rules.

The information must be in Spanish and easy to read. The elements of the safety box containing the information must be highlighted from the background and must be arranged in a way that when the container is in its normal position, the information can be read horizontally.

Depending on the size of the hazardous substance’s container the size of the safety box, the pictogram for the hazard and the related information will vary.

GHS can be used for labelling products as long as the information is in Spanish and also signs established by NCh2190 are also used.

La entrada Executive Order Nº 43. Regulation for the Storage of Hazardous Substances se publicó primero en Brokering Abogados.

Priority Products

The law defines 6 products that are considered a priority and thus are submitted to regulation. New products can be added via a regulatory process, via the enacting of a Supreme Decree from the Environment Ministry.

The products included on the law specifically are the following:

• Lubricating Oil
• Car Batteries
• Electrical and Electronic Products
• Tires
• Batteries
• Wrappings and Packages

Extended Responsibility of the Producer (producer responsibility)

The law’s main regulated party is the manufacturer or importer that introduces a priority product for the first time on the Chilean market. The criteria used for the drafting of the law considered that the regulated entity must be the one that has the best position on the chain of command of the product.

To determine the obligations that are imposed on the producer, the Environment Ministry makes use of the information sources that are listed in the law to enact Supreme Decrees that establish the main responsibilities of the producer, which will basically consist of finding the waste of the products entered into the local market, recollecting and valorizing them, process that is called “Extended Responsibility of the Producer”.

The enacting of the aforementioned Supreme Decrees is submitted to specific regulations that will establish the process for their enactment, and they must be revised at least every 5 years. Each Supreme Decree will regulate a specific priority product and can distinguish categories and subcategories of each product.

In addition to the Extended Responsibility of the Producer, there are other associated regulations, such as product labeling, information that must be given to distributors and retailers, preventive measures, among others, that are mentioned as aspects that can be regulated by the law, and must be specified on the corresponding Supreme Decree.

Waste Management Systems (producer responsibility)

The way established by the Law to guarantee the fulfillment of the regulations established by each Supreme Decree is by applying a Waste Management System, either individual or collective.

Individual Waste Management Systems are applied by the producer, who develops the way to comply either directly or hiring a third party that manages the compliance. Collective Waste Management Systems are organized by a group of producers that associated via a separate legal entity, who is charged with the obligations imposed on the producers as if they were a single producer. The legal entity involved is not required to be any specific kind of organization, so it can be incorporated as a non-profit or a for-profit. For the former, the law exceptionally permits the payment of a salary to its directors.

Waste Management Systems are regulated on the Law on the following way:

• They must be authorized by the Environment Ministry.
• To acquire this authorization, a Waste Management Plan must be presented.
• Regarding Collective Waste Management Plans, the entity must post a bond, insurance or other securities. This, as a way to guarantee the payment of the fines that could be imposed, which are charged to it.
• The entity must deliver reports regarding the achievement of goals.
• The law contemplates protections to free competition from the effects that the Collective Waste Management Systems could cause. To this end, it is necessary to request a report from the Court for Free Competition and interested third parties must be accepted into the organization.

Distributors and Retailers

The law also regulates distributors and retailers. Among other regulations, they must admit the installation of waste reception and storage facilities and must accept for no charge to hand over the waste to the waste management systems.

The roles of distributor and retailer are not incompatible, and companies can be both.

Oversight and Sanctions for the producer responsibility

Additionally, the new law introduces a framework for oversight and sanctions. The infractions to the law are punished with fines up to 10.000 UTM, that is applied by the Environment Superintendence, in addition to the civil liability that could apply due to the damages caused by the handling of hazardous waste. There is also criminal liability for the traffic of hazardous waste, applied to whom exports, imports or handles hazardous waste that is prohibited or without the respective authorizations.

Entry into effect

Regarding the entry into effect of the law, it is deferred. It depends on the time required to enact the regulations to enact Supreme Decrees, other administrative regulations and the Supreme Decrees themselves. For this reason, the exact entry into effect day cannot be known exactly, though the law establishes a due date of one year to enact the required regulations. However, there is an obligation that can be applied before the law’s entry into effect, that establishes that the Environment Ministry can require certain information from the producers, using the Emission and Transferals Registry (RETC, for its initials in Spanish).

La entrada Law Nº 20.920, extended producer responsibility se publicó primero en Brokering Abogados.

Law 20780 created a specific tax on a series of emissions – among them, there is CO2. This tax is applicable to establishments with fixed sources made up of turbines and boilers, which individually or in groups have a thermal power of 50 MWt (thermal megawatts) at least. This tax is applied on PM, NOx, SO2 and CO2emissions, and it amounts to 0.1 for each emitted ton according to the following formula:

Tij = CSCpi x Pobj

Tij = where «i» is the kind of contaminant and «j» is the location in USD value per ton.

CSCpci is the social cost of pollution per capita of the «i» pollutant.

In the case of CO2, the tax amounts to USD 5,00. This tax will not be applicable to sources that emit CO2 if they operate on the basis of non-conventional renewable means of generation whose primary source is biomass.

If the source is located in a zone that has been declared as a latent or saturated one, an additional factor is be applied – in which case the factor for latent zones is 1.1 and for the saturated ones is 1.3.

The Chilean Ministry of the Environment publishes on a yearly basis a consolidated list of the establishments that are subject to this tax.

Starting January, 2023

Law 21210, published in the Chilean Official Gazette on February 24, 2020, modified the system of applying this tax to contaminating sources. This change will not be effective until January 1, 2023.

The biggest change comprises eliminating the requirement for installed thermal capacity, moving to a system based solely on the amount of PM, NOx, SO2 and CO2 emissions from a fixed source facility. This change was meant to end with the inequities that arise between sources with high seasonal emissions and those that emit pollutants throughout the year but have a thermal power of less than 50 MWt.

This tax will be applied to PM, NOx, SO2 and CO2 emissions produced by establishments whose sources emit 100 or more tons of PM or 25,000 or more tons of CO2 per year altogether.

Hot water boilers for the exclusive use of personnel and generating sets with an output of less than 500 kWt are exempt from this tax. 

Establishments must submit to the Chilean Superintendence of the Environment monitoring report on emissions as per instructions to be issued by this agency.

Every year the Ministry of the Environment will publish a list of the establishments that are subject to this tax.

These taxes will have to be paid annually in the month of April and can be deducted as an expense for income tax purposes.

In order to avoid or reduce the payment of the tax, emissions can be compensated. For this purpose, projects to reduce CO2 emissions can be implemented, where the reductions are additional, measurable, verifiable, and permanent. In this compensation, it will not be possible to include the compensations that must be carried out due to the imposition of prevention or decontamination plans, emission norms, environmental qualification resolutions or any other legal obligation.

The emission reduction projects will be executed in the saturated or latent area where the emissions are generated or in the adjacent districts (“comunas”) where the pollutant emitters are located. The Chilean Ministry of the Environment shall issue a regulation that points out what requirements these projects, their applications and background must comply with. The Ministry of the Environment will also regulate a certification system through external auditors authorized by the Superintendence of the Environment, who will certify the fulfillment of the commitments contained in the compensation plan. Expenses incurred in emissions compensation projects may be deducted from income tax. This compensation system is set to start on February 24, 2023.

La entrada CO2 – Chile regulations on CO2 emissions se publicó primero en Brokering Abogados.

A system was implemented which demands mining companies to have an approved plan by Sernageomin (a governmental agency that ensures mining and environmental safety), for the closure of mines prior to the implementation of a mining operation. This plan has to be planned and implemented progressively throughout the duration of the mining operation.

Furthermore, the mining companies must issue guarantees to the State in order to assure the fulfillment of the plan of closure. In order for the company to be refunded of said guarantees, it is necessary for the mining company to obtain a certificate issued by Sernageomin stating that it has fully complied with the plan. Nevertheless, part of the guarantees will be returned to its owners upon the fulfillment of these requirements.

Two types of procedure exist for the plan of closure to be approved. One is the procedure of general application, which shall apply to mineral deposits whose extraction capacity is superior to 10,000 tons per month. The simplified procedure shall apply to mining operations whose capacity is less than the above-mentioned amount and mining explorations that enter the environmental impact assessment system.

The general procedure requires, among other requirements, that the plan of closure is accompanied by a technical report issued by a person competent in Recursos y Reservas Mineras (mining resources and reserves) in accordance with statute 20.235. The technical report shall incorporate information about national monuments and archaeological sites, a financial assessment of the closure and the post-closure costs, a number of guarantees and which instruments shall be used as collateral and a plan to inform the local community. Among others, deposits, bank guarantee ballots, letter of credit stand-by, and even the assignment of contract of sale of minerals with Enami, may be handed in as collateral.

Once the plan for closure has been approved by Sernageomin, it will have to be audited by external auditors. Regular audits will take place every five years and extraordinary ones will take place when serious situations arise which warrant one. The audits are intended to verify that mining companies are in compliance with the plan of closure and update it if necessary.

The audit reports shall indicate the technical standards that are applied upon: the parameters of certification, the control and verification procedure, and ways of verifying and guaranteeing the impartiality of the auditor. For this purpose, a Public Register of External Auditors shall exist.

The simplified system only requires that the company is identified, along with the mining project and the set of activities that the company proposes in order to maintain the physical and chemical stability of the surroundings, as well as the protection of the well-being of both the local population and environment.

These plans will be prepared in accordance with methodological guidelines issued by the authorities.

The plan of closure will not be static, but rather be updated throughout the mining operation.

It is possible to request a temporary suspension of operations, for a period up to 2 years, with the possibility of it being increased after 3 years. However, should a temporary suspension be falsely requested with the intention of a permanent standstill, a fine of 1.000 to 10.000 UTM (in June 2012 1 UTM equaled USD $79) shall be issued.

It should be noted that not only is the company responsible for the fulfillment of the closure plan but also that its legal representative can be subject to a fine ranging from 100 to 1.000 UTM.

This law also regulates the closure of oil and natural gas operations.

Following the closure, a fund shall be established for the maintenance of closed mines. Before the company is issued its certificate of final closure, it shall make a non-refundable payment which will cover the costs of the post closure activities. During the closing stage, a monitoring and verification process will be developed that will ensure the physical and chemical stability is kept, as well as not harming the local population and environment.

This law will come into effect a year following its publication in the Official Gazette. While the legislation enters into force, the mining companies currently in operation shall make an evaluation of their closure plans, incorporating the health and environmental issues, and obtain an environmental impact assessment of it issued by the appropriate authority, if pertinent.

La entrada Law concerning the closure of mining facilities se publicó primero en Brokering Abogados.

On January 26th, 2010, Statute 20.417 was published creating the Ministry of Environment and the Environmental Superintendence, hoping to spur the protection of the environment and correct the weaknesses detected during the implementation of the Statute 19.300.

In order to join the OECD, a series of modification in our legislation have had to be carried out in different fields, such as bank secrecy, corporative management and as well in matters concerning the environment. Therefore this modification has been the result of our admission to the OECD.

However, it should be noted that this statute has also tried to correct the various weaknesses present in the original statute and that have been mentioned by the doctrine, as well as give legislative coverage to practices already implemented.

New institutions, Ministry of Environment

This statute creates the Ministry of Environment, which will have among other functions, that of devising environmental policies and programs and to keep a register of emissions and transfers of pollutants, in which the information of stationary sources will be registered. This Ministry will have an Advisory Council formed by representatives of various bodies (universities, trade associations, etc.), which will have a technical aspect.

A Council of Ministries for Sustainability will exist, which will pronounce on Bills that will have an environmental impact. This Council of Ministries will be chaired by the Minister of Environment together with the assistance of other ministers, whose portfolios have an environmental impact.

An Environmental Assessment Service will be created, which will be in charge of said assessment.

An Environmental Superintendent will be created which will conduct the monitoring and inspection pertinent to project authorization, the measures of prevention and decontamination plans, the quality and emission standards, including industrial liquid waste and management plans. In its auditing faculty, it is authorized to issue fines and order the closure of a facility, or the revocation a project authorization (RCA).

This system provides for the implementation of a specialized judiciary composed of Environmental Tribunals. The Environmental Tribunals have been issued by the June 28th, 2012 publication of Statute 20600. In accordance with Art 1 of said legislation, the implementation of such a tribunal system will happen within six months of the date of publication.

Environmental policy and the new Ministry of Environment

The environmental policy always was a topic that was little clarified before the reform.

Today, a Strategic Environmental Assessment System is established at a governmental level. This system will clarify for companies what type of activities can be developed in each region. Furthermore, it will become much clearer what the environmental policies and plans will be, since these must conform to this assessment.

In the same sense, the projects that enter the Environmental Assessment System will have to be related to policies and plans at a regional level, what must be clearly described in the respective DIA or el the corresponding EIA.

Citizen participation and access to information

One of the major criticisms caused by the old 19.300 Statute was the lack of citizen participation in the environmental assessment process of projects and the enactment of new regulations which had an environmental impact.

With this modification it is hoped that citizen participation will increase, allowing it even to participate in the projects that are subject to a Declaration of Environmental Impact (DIA) and making a new call for citizen participation when the explanations, extensions, and corrections of both the DIA and the Environmental Impact Studies (EIA) substantially modify the project.

In addition, it establishes a new form of notifying which projects are subject to an assessment, through radio notifications.

Another constant criticism of our environmental regulatory system is the difficulty of its access and knowledge, for this, a system to access environmental information will be created, which will be accessible through a web page and will contain, among other things, the environmental legislation, jurisprudence, and Comptroller report.

A preventative rather than coercive system

At first sight, and as the media have indicated, it is possible to think that the penalty system in environmental matters has been reinforced.

An Environmental Superintendence has been created, which will have the supervisory characteristics of a Public Notary and may apply sanctions to individuals discovered to be in breach or at fault. In the exercise of its supervisory powers, the Superintendence may issue fines of up to 10’000 UTM, the temporary or permanent closure of projects or the revocation of the RCA (project authorization).
 
However, if the detention law is closely reviewed, it is possible to notice that the true spirit is not to punish, but rather, to prevent the actions of individuals that may damage the environment.

Although a Bill is being considered that seeks to create Environmental Tribunals, the idea is not to end up in never-ending trials and to issue heavy fines, while the environment around us degrades.

It is for this reason that this amendment has a series of instruments at its disposal attempting to avoid environmental accidents and to encourage the prevention and reparation of damages, more than punishing them.

First, nothing is trying to avoid the people seeking subterfuge to avoid the entry of their projects to the Environmental Assessment System (SEA).

Should the Superintendence detect a project submitting an application to SEA for a sectoral environmental permission, it may inform the respective public service and prevent from granting one.

Also, municipalities may not give the final approval of those projects that are subject to an Environmental Assessment.

Furthermore, it is forbidden to fraction projects in order to prevent them from entering into the SEIA as was previously done with real estate projects; the infraction of this prohibition is punishable.

Second, a private system of preventative investigation will be created.

A process of evaluation and certification of compliance with the environmental regulations carried out by private auditors shall be created to which the companies submitting a DIA are subject to.

The Superintendence may also compel certain companies to carry out programs of evaluation and certification of conformity with the environmental regulations, and the cost of such programs shall be borne by the holder of the project.

The advantage of this system is that sanctioning processes may not be started as a result of findings of the certification.

Third, it is hoped that persons will not conceal environmental accidents and shall take necessary measures to repair them.

The persons that report themselves will be exempted from the total amount of the first fine and a substantial reduction will be applied in the following instances if necessary.

In addition, starting a sanctioning process, a fine may be suspended if within ten days of initiating a program of completion is presented.

If a company is sanctioned, it may voluntarily present a plan for reparation guaranteed by a technical study, which will be revised by the Environmental Assessment Service. If the plan is satisfyingly executed, the lawsuit will be automatically dropped.

Improvement of the Environmental Assessment System

This law seeks to rectify a series of weaknesses of the SEIA (Environmental Assessment System) that had pointed to the doctrine and gave legal support to a series of practices which were common and public knowledge in the former Conama.

With regards to SEA in general, projects that focus on the exploitation of genetically modified organisms, as well as those protected, have been added to the list of projects that have to be submitted to SEIA.

It is peremptory now that a consolidated report of the Evaluation exists, enabling the authorities to pronounce on the project submitted for evaluation.

The RCAs will have a validity of 5 years. Once the time has elapsed without beginning the project a new application is required.

It specifically provides that the SEIA will be carried out through electronic means and the information shall be freely available on the website, as has been the case.

In the case the projects to be submitted to the SEIA are urgent projects dealing with disasters or cannot be stopped, the time of their evaluation is reduced by half. This it is intended to give preference to projects of interest to the country.

With regards to the Declarations of Environmental Impact, a simplified system is created for the smaller companies presenting a DIA, allowing small and medium-sized business to be more competitive in this field.

The DIA will have to justify the reason for the project and it must not be subject of an EIA.

With regards to the Environmental Impact Studies, projects that are near wetlands, glaciers, and conservation sites will be subject to an EIA.

It is mandatory to have an EIA for all projects that have been granted an RCA and are in an area of influence, even if they are not running.

The projects that present a risk to people’s health and, when no other primary norm of quality exists in Chile, will have to establish a section indicating the potential health risks to the surrounding persons.

Conclusions

It will only be possible to fully assess the benefits and advantages of this new law when all regulations will have been dictated, such as, for example, the certification of compliance with environmental regulations, the minimum work that must exist in a project so that the RCA doesn´t expire, etc…

Hopefully, within the next few months, these Regulations will be identified.

La entrada The new Ministry of Environment and the Environmental Superintendence se publicó primero en Brokering Abogados.