CHILE Trends and Developments Contributed by: Pablo Méndez, Christian Rojas, Pablo Neupert and Vicente Huidobro, TM Abogados
Simultaneously, the bill proposes abolishing the Committee of Ministers, the political body that cur- rently adjudicates appeals against RCAs. In its place, appeals would be resolved by the SEA Executive Directorate, under strict deadlines and a negative silence rule that allows claimants to go directly to environmental courts if no decision is rendered within the term. This change has been particularly applaud- ed in the context of notable cases such as Dominga, where overlapping political and judicial review pro- cesses have produced protracted proceedings and repeatedly revised or annulled decisions, creating a persistent loop of regulatory uncertainty. The reform seeks to break that loop, establishing a review system that is more technical, predictable and final. SBAP: a new chapter in environmental governance and biodiversity conservation Law No 21,600, creating the Biodiversity and Pro- tected Areas Service (SBAP), marks one of the most consequential developments in Chile’s environmental institutional architecture in recent years. Its principal aim is to streamline and unify the fragmented manage- ment of protected areas, equipping the state with a coherent framework for biodiversity conservation by integrating competencies previously scattered across agencies such as CONAF, SERNAPESCA, and the Ministry of National Assets. After over twelve years of legislative processing, the real task ahead lies in effective implementation. Launching the SBAP involves a delicate transfer of functions, staff and assets, as well as the establish- ment of a governance model for both state and private protected areas, all while preserving ongoing conser- vation efforts.
Contraloría General de la República (Dictamen E163140N25) clarified that the Ministry of the Environ- ment (MMA) retains the authority to establish new pro- tected areas, public or private, even before SBAP is fully operational or its regulations are enacted. Based on the principle of continuity of public functions, this interpretation ensures that essential conservation duties are uninterrupted during institutional transition. This ruling sends a clear message: environmental governance does not pause during reform. For pro- ject developers, it means that environmental planning must already account for the emerging institutional framework, and that the phased implementation of SBAP will progressively shape applicable conserva- tion standards. Potential changes may affect: • project evaluation criteria for developments near or within protected zones, especially concerning use compatibility, compensation measures and man- agement plans; and • biodiversity conservation and monitoring obliga- tions, both within SEIA and in sectoral procedures. Ultimately, the SBAP’s enactment signals a new chap- ter in Chilean environmental governance, demanding that project holders adapt to an integrated system with more rigorous technical demands. Success will depend not only on regulatory adoption, but on a coherent, phased and co-ordinated implementation that anchors biodiversity protection as a structural pil- lar of sustainable development.
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