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Ministry of the Environment – Draft Amendment to the Environmental Impact Assessment System Regulations Submitted for Public Consultation

On February 6, 2025, Exempt Resolution No. 664 of January 30, 2025, was published in the Official Gazette, approving the Draft Amendment to the Regulations for the Environmental Impact Assessment System, established in Supreme Decree No. 40 of 2012 of the Ministry of the Environment ("RSEIA").

The Draft Amendment mainly proposes modifications regarding:

  1. Entry Categories to the Environmental Impact Assessment System ("SEIA"): The proposal updates the criteria or thresholds for the list of projects or activities required to enter the SEIA. These changes are motivated by the enactment of Law No. 20.920, which establishes a framework for waste management, extended producer responsibility, and recycling promotion, as well as the evolution of project categories over the 25 years of SEIA implementation.

Specifically, it includes modifications to sections b.1); e.6); f.3); g.1.2); g.2); h.2); i.1); n.1); n.2); ñ), and o) of Article 3 of the RSEIA.

  1. Sectoral Environmental Permits and Approvals ("PAS"): The proposal includes a comprehensive reform of the rules related to PAS. This aims to improve efficiency and strengthen SEIA’s role as a one-stop shop for granting these permits, especially in light of the entry into force of Law No. 21.600, which creates the Biodiversity and Protected Areas Service and the National System of Protected Areas.

These changes seek to ensure that some PAS are fully processed and obtained during the environmental impact assessment process, eliminating the need for additional procedures after the Environmental Qualification Resolution.

This Draft Amendment is subject to public consultation, allowing individuals and legal entities to submit comments within 40 business days from the first business day following its publication.

Observations must be submitted through the website http://consultasciudadanas.mma.gob.cl or in writing at the Ministry of the Environment or the corresponding Regional Ministerial Secretariats of the Ministry of the Environment, according to the applicant's domicile.

 

En caso de que requiera información adicional sobre esta materia, pueden contactar a: Javier Naranjo jnaranjo@jdf.cl; Martín Esser, messer@jdf.cl; María Paz Valenzuela, mpvalenzuela@jdf.cl; y, Javiera Rodríguez, jrodriguez@jdf.cl.

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