On January 20, 2026, the Environmental Assessment Service (SEA), through Official Letter D.E. No. 20269910259, updated its instructions on consultations regarding the relevance of entry into the Environmental Impact Assessment System (SEIA), rendering Official Letter D.E. No. 2024991021136, dated November 28, 2024, null and void, effective as of the entry into force of Supreme Decree No. 17/2024, which establishes the new rules for the entry into force of the SEIA. D.E. No. 2024991021136, dated November 28, 2024, effective as of the entry into force of Supreme Decree No. 17/2025, which amended the SEIA Regulations (DS No. 17).
The update responds mainly to the amendment introduced to Article 2(g) of the SEIA Regulations, which regulates the type of entry for project or activity modification, and the so-called “changes of consideration.”
Main amendments
As mentioned, the new instructions introduce changes derived from the amendment to the SEIA Regulations contained in DS No. 17. In particular, these changes focus on the criteria applicable to the type of entry into the SEIA consisting of the modification of projects or activities.
The main changes are as follows:
- 1. Analysis of paragraph g.1 of Article 2 of the SEIA Regulations: the new wording of paragraph g.1 is incorporated, introducing an exception to the configuration of a change of consideration when the parties, works, or actions to be carried out fall within types already evaluated in the original environmental assessment of the project.
- 2. Scope of the exception in paragraph g.1 of Article 2: It is specified that the application of this exception must be substantiated by the proponent, who must identify each of the types of projects listed in Article 10 of Law No. 19,300 for which the project was originally assessed. It is also clarified that the application of this exception does not exclude the obligation to analyze, where appropriate, the criteria of paragraphs g.2, g.3, and g.4 of Article 2 of the SEIA Regulations.
Apart from the above adjustments, the instructions maintain without substantive changes the rules previously in force regarding: (i) the legal nature of relevance consultations; (ii) the voluntary nature of their submission; (iii) the formal and technical content required; and (iv) the effects and scope of the resolutions that resolve them.
If you require additional information on this matter, please contact: Javier Naranjo, jnaranjo@jdf.cl; Martín Esser, messer@jdf.cl; Andrea Gallyas agallyas@jdf.cl; Javiera Rodríguez jrodriguez@jdf.cl; Josefina Ossa jossa@jdf.cl; and/or María Paz Valenzuela mpvalenzuela@jdf.cl
