NEWS

Law that establishes restrictions in the environmental evaluation of projects in areas declared latent or saturated

On May 29, 2023, Law No. 21.562 was published, which amends Law No. 19.300 on General Bases of the Environment, incorporating, in summary, the following changes:

  1. Incorporates the concepts of “Critical Impact”, “Prevention Plan” (PPA) and “Decontamination Plan” (PDA) in the catalogue of legal definitions.
  2. Adds a special cause to require an Environmental Impact Study (EIA) to those projects, activities or modifications that, because of their emissions, generate significant impacts in the declared saturated or latent zone, while the PPA or PDA are not dictated.
  3. Prohibition to execute or modify projects or activities that, as a consequence of their emissions, generate critical impacts in the declared saturated or latent zone, while the PPA or PDA are not dictated (the compensation of emissions is not applicable).
  4. It grants powers to the Ministry of the Environment (MMA) to adopt precautionary measures in zones declared latent or saturated, while the PPA and/or PDA are not dictated, through founded resolutions. These would be maintained until the respective management instruments (PPA and/or PDA) are issued.

The entry into force of most of its regulations is deferred to the adaptation of Supreme Decrees No. 38 (which approves regulations for the issuance of environmental quality and emission standards), both of the MMA. However, the new definitions, the power of the MMA to adopt provisional measures and those rules related to the revision of the PPAs and/or PDAs are effective as of today.

Should you require additional information on this matter, please contact: Javier Naranjo, jnaranjo@jdf.cl and Martín Esser, messer@jdf.cl.

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