CHILE Law and Practice Contributed by: Pablo Méndez, Christian Rojas, Pablo Neupert and Vicente Huidobro, TM Abogados
3. Environmental Protections 3.1 Protection of Environmental Assets The constitutional foundation of Chilean Environmen- tal Law is established in Article 19 No 8 of the Consti- tution (CPR), which recognises the right to live in an environment free from pollution and imposes on the state a duty to protect nature and to regulate activities that may harm it. This constitutional provision is further elaborated in Law No 19,300, which provides tools for its protec- tion. These tools are named “environmental manage- ment instruments” and they regulate human activity by imposing (ambient and emissions) standards and other regulatory mechanisms such as authorisations, environmental education and others. In addition, environmental components are subject to their own sectoral legislation. For example: • air; • flora and fauna; • fresh water and sea water; • natural habitats; and • protected areas. 3.2 Breaching Protections As explained in detail below (see 5. Environmental Liability ), the breaching of regulations may result in: • administrative sanctions; 4. Environmental Incidents and Permits 4.1 Investigative and Access Powers The Superintendency of the Environment (SMA) has enforcement powers to prevent and to impose sanc- tions for administrative breaches, including site visits or inspections, and information requests. The agency has the power to collect and analyse samples. • civil sanctions; and • criminal sanctions.
• Environmental Assessment Service ( Servicio de Evaluación Ambiental ) – a technical agency admin- istering Chilean environmental impact assessment proceedings for projects listed under Law No 19,300 that may cause pollution or affect human health or the environment, and issuing environ- mental permits. See 4.2 Environmental Permits/ Approvals . • Superintendency of the Environment ( Superintend- encia del Medio Ambiente , or SMA) – an agency tasked with enforcing powers with environmental regulations and the conditions set out in envi- ronmental permits (Environmental Qualification Resolutions, or RCA, for its Spanish acronym) and in other environmental management instruments. In cases of non-compliance, it may impose a range of administrative sanctions. The SMA is governed by its own statute, Law No 20,417. Judicial Authorities • Three environmental courts ( Tribunales Ambi- entales ) – specialised judicial bodies under the supervisory authority of the Supreme Court. Their function is to resolve environmental disputes and other matters defined by law. There are three courts in Chile, located in Antofagasta (North), Santiago (Centre) and Valdivia (South), covering the entire national territory. 2.2 Co-Operation Co-ordination between the Ministry of the Environ- ment, SEA and SMA is ensured through formal administrative mechanisms and information-sharing systems. These entities frequently collaborate in environmental oversight, technical reporting and the implementation of national policies at the regional level. In addition, all the sectoral public services vested with powers in the administration of environmental assets are in some way co-ordinated through the National Environmental Information System (SINIA) and the Committee of Ministers for Sustainability ( Comité de Ministros para la Sustentabilidad ) chaired by the Min- ister of the Environment.
56 CHAMBERS.COM
Powered by FlippingBook