Environmental Framework Law of Chile
Article 29
The citizens’ organizations and natural persons referred to in the preceding article may make comments to the Environmental Impact Study with the competent authority, for which they have a period of sixty days from the publication of the extract respectively.
The Commission shall weigh in the grounds of its resolution of those observations, notifying who has entered them. Citizens’ organizations and individuals whose comments have not been properly weighted in the fundamentals of the respective resolution may lodge an appeal of a complaint to the superior authority of whom he has rendered within fifteen days of notification, so that it, within thirty days, rules on the request. The appeal shall not suspend the effects of the decision.
Article 30
The Regional Commissions and the National Environment Commission, where appropriate, publish on the first business day of each month in the Official Gazette and in a newspaper of regional or national circulation, as appropriate, a list of projects or activities subject to Environmental Impact Statement having been submitted for processing in the immediately preceding month, in order to keep the public duly informed. This list shall contain, at least, the following facts:
- Name of the natural or legal person responsible for the project or activity;
- Location of the place or area in which the project or activity will be implemented; and
- An indication of the type of project or activity in question.
Article 31
The Commission shall transmit to the respective municipalities, in which village level will be carried out works or activities that would address the project under evaluation, a copy of the statement or list referred to Articles 27 and 30 above, as appropriate, to their appropriate advertising.
Paragraph 4: Environmental Quality Standards and the Preservation of Nature and Environmental Heritage Conservation
Article 32
By Presidential Decree, which shall be signed by the Minister Secretary General of the Presidency and the Minister of Health, will promulgate the rules for primary environmental quality. These rules generally apply throughout the territory of the Republic and define the levels that cause emergencies. By supreme decree shall be signed by the Minister Secretary General of the Presidency and the competent minister as the matter in question were enacted high environmental quality standards. A regulation will establish the procedure for the enactment of environmental quality standards, which will consider at least the following stages: technical and economic analysis, development of scientific studies, consultations with relevant agencies, public and private, analysis of the observations and advertised as appropriate. Also, establish deadlines and formalities required to comply with the provisions of this Article and the criteria for reviewing the existing rules.
All environmental quality standards will be reviewed by the National Environment Commission at least every five years, applying the same procedure outlined above. The coordination of the generation of environmental quality standards, and determination of programs and deadlines for compliance with them, fall to the National Environment Commission.
Article 33
The competent State agencies develop programs that measure and control the environmental quality of air, water, and soil for the purpose of ensuring the right to live in an environment free of contamination. These programs will be regionalized. On the Exclusive Economic Zone and Sea Face of Chile will compile background information on these matters.
Article 34
The State will manage a National System of Protected Wilderness Areas, including parks and marine reserves to ensure biological diversity, promote the conservation of nature and environmental and heritage conservation.
Article 35
For the same purpose stated in the preceding article, the State shall promote and encourage the creation of protected wild areas of private property, which will be affected to the same tax treatment, rights, obligations, and duties that belong to the National Wildlife Protected Areas of the State. The supervision of these wilderness areas is for the national administrator of the National System of Protected Wildlife Areas of the State. The involvement of these areas is voluntary and will be refined by a decision rendered by the agency indicated in the preceding paragraph that welcomes the respective request of the owner, who must reduce the resolution to deed and register it for publicity purposes, the Register Mortgage and taxes of Real Estate of authority. The reversal will occur by the deadline, by resolution of the agency founded in breach of the obligations prescribed in the regulations, or at the request of the owner in advance. In the latter two cases may levy a fine, a tax benefit, not exceeding the amount accrued and current taxes and contributions that the property was exempt under his involvement in the corresponding period. The regulations will establish the requirements, terms, and limitations of general application that must be met to enjoy the franchise, exercise the rights and discharge the duties and charges referred to the first paragraph.
Article 36
Form part of protected areas mentioned in previous articles, lots of sea, land of beach, sea beaches, lakes, ponds, reservoirs, rivers, marshes, and other wetlands, located within its perimeter. About these protected areas will retain their powers of other public bodies, as they are entitled.
Article 37
The regulation shall fix the procedure for classifying species of flora and fauna, on the basis of scientific and technical background, and according to their conservation status in the following categories: extinct, endangered, vulnerable, rare, insufficiently known and out of danger.
Article 38
The competent State agencies shall create and maintain an updated inventory of flora and fauna and will monitor the standards imposed restrictions on their court, trapping, hunting, trade and transportation, with the aim of taking stock and half aimed at conserving biodiversity and preserve those species. The inventories referred to in the preceding paragraph will give priority species considered in the following categories of conservation: extinct, endangered, vulnerable, rare and insufficiently known.
Article 39
The law will ensure that land use is done in a rational manner, in order to avoid loss and degradation.
Paragraph 5: Emission Standards
Article 40
The emission standards will be established by Supreme Decree, which will mark its territorial scope. For materials not corresponding to a particular ministry, such decree will be issued through the Ministry General Secretariat of the Presidency. It is for the National Environment Commission to propose, facilitate and coordinate the promulgation of emission standards for which shall be attached to the steps outlined in Article 32, third paragraph, and in the respective regulations, as might be pertinent, considering the environmental conditions and characteristics peculiar to the area in which they apply.
Paragraph 6: Management Plans, Prevention and Decontamination
Article 41
The use and benefit of renewable natural resources shall be ensuring their regeneration capacity and biodiversity associated with them, especially those species threatened with extinction, vulnerable, rare or insufficiently known.
Article 42
The authority entrusted by law to regulate the use or exploitation of natural resources in a given area, shall, in accordance with current regulations, presentation and implementation of management plans for them, so ensure their conservation. These include, inter alia, the following environmental considerations:
- Maintenance of water flows and soil conservation;
- Maintenance of landscape value; and
- Protection of endangered species, vulnerable, rare or insufficiently known.
The provisions of this article are without prejudice to other legal bodies on management plans for renewable natural resources and do not apply to projects or activities for which a study has been approved or Environmental Impact Statement.
Article 43
The declaration of an area of land as saturated or latent by supreme decree will be signed by the Minister Secretary General of the Presidency and contain the precise determination of the geographic area it covers. It shall also bear the signature of the Minister of Health, in the case of the implementation of quality standards is environmental or sectoral minister concerned, according to the nature of the respective high standard of environmental quality. This statement will base the measurements made or certified by relevant government agencies, which have verified the condition stating that makes appropriate. The procedure will be undertaken by the Regional Environmental Commission. If the area covered by the declaration is situated in different regions, the procedure will be undertaken by the National Environment Commission.
Article 44
By Decree of the Ministry General Secretariat of the Presidency, which also carried the signature of the sectoral minister, appropriate prevention plans will be established or decontamination, whose compliance will be mandatory in areas classified as dormant or saturated, respectively.
The development of these plans and their proposal to the competent authority for setting corresponds to the National Environmental Commission, a report of the Respective Regional Commission. To that end, they follow the same procedure and steps established in the third paragraph of Article 32 of this law.
Article 45
The prevention and decontamination plans contain, at least:
- The relationship between total emission levels and levels of pollutants to be regulated;
- The period that is expected to reach emission reduction stuff plan;
- An indication of those responsible for compliance;
- The identification of the authorities in charge of its audit;
- Environmental management tools to be used to meet their objectives;
- The proportion that should reduce their emissions activities responsible for the emission of the pollutants covered by the plan, which must be equal for all;
- The estimation of their economic and social costs; and
- The proposal, if possible, clearing emissions.
Polluting activities located in affected areas of prevention or remediation plans will be forced to reduce their emissions to levels that can meet the objectives of the plan within the time established for that purpose.
Article 46
In those areas in which they are applying a prevention plan or decontamination only develop activities that meet the requirements of the respective plan. Your check will be undertaken by the respective Regional Environmental Commission, or the National Environment Commission if the plan covers areas in different regions.
Article 47
Prevention plans or decontamination may be used, as appropriate, the following instruments or economic regulation:
- Emission standards;
- Tradeable emissions permits;
- Emissions taxes or user fees, which will consider the cost environmental implicit in the production or use of certain goods or services; and
- Other means of encouraging improvement actions and environmental repair.
Article 48
A law shall determine the nature and forms of allocation, division, transfer, duration and other characteristics of tradable emission permits.
Paragraph 7: The procedure for grievance
Article 49
The supreme decrees establishing primary and secondary standards for environmental quality and emission standards, those areas of the territory declared as dormant or saturated, which plans to establish preventive or clean, are published in the Official Journal.
Article 50
These decrees shall be inadmissible in the court of competent counsel in accordance with the provisions of Articles 60 and following, by any person deemed not fit this bill and which causes injury. The deadline for filing the complaint shall be thirty days from the date of publication of the decree in the Official Journal or, from the date of its application in the case of the special regulations for emergencies. The filing of the claim in any case does not suspend the effects of the contested measure.