Environmental Impact Assessment in Chile
Article 15
State agencies. However, if the head of any project or activity arises, together with the Environmental Impact Study, an insurance policy covering the risk of environmental damage, the term referred to in the first paragraph may obtain a temporary authorization to start the project or activity under his own responsibility, without prejudice to the authority ultimately resolved in accordance with this law. The regulation will determine the beneficiary, requirements, forms, conditions, and term of the relevant insurance contract. Should the Regional or National Commission for the Environment, as appropriate, cannot comment on the Environmental Impact Study because of the failure to provide any environmental permit or sectoral pronouncement, it will require the state agency responsible for that, within thirty days, to issue the permit or delivery. After this term, the permit or statement shall be deemed given, missing favorably.
Article 16
Within the same period of one hundred twenty days, the Regional Commission and National Environment, where appropriate, may request clarifications, corrections, or additions to the content of the Environmental Impact Study as it deems necessary, giving a deadline for such effect to the person concerned. This may be suspended by mutual agreement; in the meantime, the term will restart to complete the evaluation procedure of the respective study. Submitted clarification, correction, or addition, or within the period given for this, will continue to run the term referred to in the first paragraph of the preceding article. In cases with sufficient justification, the latter may be extended only once, up to sixty additional days. In the case of an unfavorable ruling on an environmental impact study, the decision shall be substantiated and shall indicate the specific requirements that the proponent must comply with. The Environmental Impact Study shall be approved if it meets standards of environmental protection and takes care of the effects, characteristics, or circumstances set out in Article 11, proposed mitigation measures, appropriate compensation, or reparation. Otherwise, it will be rejected.
Article 17
If, within the time limits under Articles 15 and 16, the Regional Commission and National Environment, if any, have not commented on the Environmental Impact Study, it shall be rated favorably.
Article 18
The owners of the projects or activities to be submitted to the system of environmental impact assessment and do not require developing an Environmental Impact Study shall have an Environmental Impact Statement in the form of an affidavit in which they express that they comply with environmental legislation. Notwithstanding the foregoing, the Environmental Impact Statement may consider voluntary environmental commitments not required by law. In this case, the holder must comply. The Regional Commission and National Environment, if any, shall, within sixty days, rule on the Environmental Impact Statement.
If, within the period referred to in the preceding paragraph, the competent State agencies have not issued permits or sectoral environmental pronouncements required for the respective project or activity, the Regional Commission and National Environment, where appropriate, will request and require the State agency responsible so that, within thirty days, it issues the appropriate permit or pronouncement. After this term, the permit or statement shall be given, with favorable missing.
Article 19
If the Regional Commission and National Environment, if any, are aware of any errors, omissions, or inaccuracies in the Environmental Impact Statement, they may request clarifications, corrections, or additions it deems necessary, giving a deadline for this effect to the interested party. This may be suspended by mutual agreement; in the meantime, the term will restart to complete the assessment process of the respective declaration. The President of the Commission may, in duly justified cases, extend the period prescribed in the third paragraph of Article 18, for once, and up to thirty days. It will be rejected when the Environmental Impact Statement does not correct errors, omissions, or inaccuracies that tainted it or if the respective project or activity requires an Environmental Impact Study in accordance with the provisions of this Act. The regulations will establish the manner in which the decision will notify the applicant of the Regional Commission and National Environment, if any, on the Environmental Impact Statement.
Article 20
Contrary to the decision to deny an environmental impact statement, the claim will proceed to the Executive Director of the National Environment Commission. Contrary to the decision to reject or establish conditions or requirements of an Environmental Impact Study, the complaint shall be made to the Board of the National Environment Commission. These resources must be brought either by the respective project, within thirty days of its notification. The competent authority shall decide fatally within sixty days from being brought, in a reasoned decision. If not resolved by that decision, the basis shall be claimed within thirty days of its notification letter to the judge competent in accordance with the provisions of Articles 60 and following of this law. The decision to deny a Declaration or to reject or establish conditions or requirements of an Environmental Impact Study shall be notified to all state agencies that are competent to rule on the conduct of the respective project or activity.
Article 21
If an Environmental Impact Statement is declared inadmissible or an Environmental Impact Study is rejected, a project leader or activity may file a new statement or study.
Article 22
The public sector projects are subject to the system of environmental impact assessment provisions of this paragraph and shall be subject to the same technical requirements and requirements of environmental criteria applicable to the private sector. Military installations for military use shall be governed by their own rules, within the framework of the objectives of this Act. The resolution of the respective Commission on the Environment project evaluated is mandatory and must be weighted in the relevant socio-economic assessment of the project to be made by the Ministry of Planning and Cooperation.
Article 23
To comply with the provisions of this paragraph, the National Environment Commission will seek to standardize the criteria, requirements, conditions, performance history, licenses, procedures, technical requirements, and procedures for establishing environmental ministries and other competent state bodies. The governors, in accordance with Article 8 of the Organic Constitutional Law on Municipalities, together with the respective Regional Environmental Commission, will coordinate with the municipalities of its province compliance with the provisions of this paragraph.
Article 24
The evaluation process will conclude with a resolution that environmentally qualifies the project or activity, which must be notified to the competent administrative authorities to rule on the activity or project, subject to notification to the interested party. If the decision is favorable, it will certify that it complies with all applicable environmental requirements, including any mitigation and restoration work, and may not deny any state organ relevant environmental approvals. If, however, the decision is unfavorable, these authorities must refuse authorizations or permits because of their environmental impact, although they meet other legal requirements, pending the statement notifying them of the contrary.
Article 25
The certificate referred to in the preceding article shall, when appropriate, set forth the conditions or environmental requirements to be met to run the project or activity and those under which the permissions will be granted according to law agencies should issue the State.
If there are claims within the period specified in Article 20 against the conditions or requirements contained in the certificate mentioned above, it means that they have been accepted, leaving their failure subject to the penalties provided in Article 64 of this law.
Paragraph 3: In the Community Participation in the Procedure of Environmental Impact Assessment Section 26
It shall be the Regional Commissions and the National Environment Commission, as appropriate, to establish mechanisms that ensure the informed participation of organized communities in the rating process of environmental impact studies submitted to them.
Art 27. For the purposes envisaged in the previous article, the committee concerned shall order the person concerned at his own expense publish in the Official Gazette and in a newspaper or periodical of the capital of the region or national circulation, as appropriate, an excerpt endorsed by them in the submitted Environmental Impact Study. These publications shall be made within ten days following the respective presentation. This extract contains at least the following background:a) Name of person or entity responsible for the project or activity; b) Location of the place or area in which the project or activity will be implemented; c) an indication of the type of project or activity in question d) Amount of the estimated investment, and e) Major environmental impacts and proposed mitigation measures. Art 28. Citizens organizations with legal status, through their representatives, and individuals directly affected, may be imposed for the content of the survey and the wording of the accompanying documents. With