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Environment / Natural Resources

Amendment to Law No. 19,300 on General Principles of the Environment

On November 17, 2023, the Council of Ministers for Sustainability and Climate Change unanimously approved the proposal to amend Law No. 19.300 on General Environmental Framework. The bill is expected to be submitted by the Government in the coming weeks to initiate its legislative processing in the Chamber of Deputies.

Recently, the Ministry of the Environment presented a consolidated document outlining the changes intended for Law No. 19.300. Some of these changes include:

1. Regarding Strategic Environmental Assessment, it is proposed that the procedure be carried out by the relevant State Administration body in collaboration with the Ministry of the Environment.
2. It establishes that projects or activities incompatible with mandatory and current territorial planning instruments should be classified unfavorably.
3. Concerning the qualification of projects or activities, the Evaluation Committee and the Ministerial Committee are eliminated, and the decision-making is vested in the Executive Director and the Regional Director of the Environmental Evaluation Service (SEA).
4. New entry typologies are incorporated into the Environmental Impact Assessment System (SEIA), such as industrial hydrogen production or storage projects and industrial desalination plants, as well as intensive seawater extraction projects.
5. Existing entry typologies to SEIA are modified, including the removal of the “greater than 3 MW” threshold for power generation plants, service stations, the description “on fragile soils” in forestry development or exploitation projects, and the transportation of toxic, explosive, radioactive, inflammable, corrosive, or reactive substances.
6. Cumulative impacts resulting from interaction with other projects and activities in the area of influence, as well as the potential synergistic effect between them, are now considered in environmental assessments.
7. The Environmental Impact Declarations (DIA) must now include the indication of relevant environmental variables to be included in a monitoring plan, where applicable.
8. It is established that in cases where the DIA pertains to projects or activities that must be urgently implemented to address unavoidable public needs or services that cannot be halted without serious harm to the country, the evaluation period will be reduced by half.
9. The requirement that citizen participation in DIAs only applies to projects generating environmental burdens for nearby communities is eliminated.
10. Regarding environmental damage liability, it is stipulated that the Council of State Defense will always have active standing to file a lawsuit against the party responsible for environmental damage.
11. Some powers of the Council of Ministers for Sustainability and Climate Change are eliminated, such as proposing sectoral policies for strategic environmental assessment to the President of the Republic.
12. The SEA is granted the authority to exercise technical leadership over environmental impact assessment, the instruction of the evaluation procedure, and the coordination of State administration bodies with environmental competence to obtain necessary permits or statements regarding projects or activities subject to SEIA.

For additional information on this matter, please contact: Javier Naranjo, jnaranjo@jdf.cl; Martín Esser, messer@jdf.cl; María Paz Valenzuela, mpvalenzuela@jdf.cl

Promotes the valorization of organic waste and strengthens waste management at the territorial level. Bulletin No. 16,182-12

On August 11, 2023, the Government submitted to legislative processing a bill that promotes the valorization of organic waste and strengthens waste management at the territorial level. The bill comprises 19 permanent articles and 8 transitory articles. According to the Message’s text, the proposed innovations aim to redesign the current municipal solid waste management scheme, including:

1. Introduction of obligations for source separation and provision of alternative management options for organic waste.
2. Financing of the collection, transportation, and disposal of household solid waste services.
3. Governance and planning instruments associated with waste management, with an emphasis on the valorization of organic waste.
4. Gradual implementation of obligations by groups of municipalities.

Additionally, the project seeks to modify other legislative bodies, such as: (i) Decree Law No. 2,385 on municipal revenues; (ii) Law No. 20,920 establishing the framework for waste management, extended producer responsibility, and promotion of recycling, known as the “REP Law”; and (iii) Decree Law No. 830, the Tax Code.
In general, the bill introduces the following obligations:

A. In light of the principle of economic-financial sustainability, it imposes the obligation for the municipal waste disposal fee to reflect the actual cost of service provision. B. Introduces payment based on waste generation, requiring municipalities to charge large generators based on the volume of organic waste they produce, offering incentives for waste prevention and valorization. C. Mandates municipalities to carry out source separation and valorize organic waste. D. Establishes obligations for regional governments, municipalities, generators, and managers of organic waste. E. Formalizes the Regional Executive Secretariats for Waste and Circular Economy.
Currently, the project is in its first constitutional processing stage in the Environmental and Natural Resources Committee of the Chamber of Deputies, where the voting on proposed amendments to the bill has commenced. Some of the presented amendments include:

• Imposing an obligation on waste managers to declare, through the Pollutant Release and Transfer Register, the type, quantity, costs, service fees, origin, treatment, and destination of waste.
• Proposing the inclusion of representatives from non-governmental organizations focused on environmental protection and associations of grassroots recyclers in the composition of the Regional Executive Secretariat for Waste and Circular Economy.
• In the local waste plan of municipalities, incorporating the participation of private actors and civil society in the process of separating organic household waste.
• Incorporating prohibitions and obligations for companies engaged in the manufacturing, production, importation, distribution, or commercialization of food products with annual revenues exceeding 25,000 UF.
• Implementing a National Policy that promotes the valorization of organic waste.
• For the implementation of the law, in relation to environmental education, proposing that the Ministry of the Environment have a Fund for the valorization of organic waste, formed by inheritances, legacies, and donations from any source; resources allocated for this purpose; funds assigned by other laws; and any contributions from public or private entities, domestic or foreign, for any purpose.

For additional information on this matter, please contact: Javier Naranjo, jnaranjo@jdf.cl; Martín Esser, messer@jdf.cl; María Paz Valenzuela, mpvalenzuela@jdf.cl.

Ministry of the Environment – Collection and recovery targets and other obligations associated with lubricating oils

On November 3, 2023, the Council of Ministers for Sustainability unanimously approved the decree that sets the collection and recovery targets for used lubricating oils (ALU), one of the six priority products established in Law No. 20,920, which establishes a framework for waste management, extended producer responsibility and the promotion of recycling, known as the REP Law. The Supreme Decree must be submitted to the President of the Republic and submitted to the Comptroller General of the Republic for approval.

The main novelties are:

A. Purpose: To establish collection and recovery goals and other obligations associated with the priority product lubricating oils introduced in the national market, in order to prevent the generation of waste and promote their recovery.

B. Categories of lubricating oils: (i) Non-recoverable and (ii) Recoverable. Regarding these categories, the decree determines that the extended producer responsibility will not apply to lubricating oils corresponding to the non-recoverable category.

C. Exception: Producers who introduce into the national market a quantity equal to or less than 66 liters of lubricating oils per year shall not be subject to extended producer responsibility.

D. Obligations of producers: (i) register in the PRTR and deliver the information requested; (ii) organize and finance the collection of ALU throughout the national territory, as well as its storage, transportation and treatment; (iii) comply with the collection and valorization goals of ALU; (iv) comply with the associated obligations that correspond to them; (v) ensure that the management of ALU is carried out by authorized and registered managers; and, (vi) ensure that the sensitive commercial information that is shared on the occasion of compliance with the Law cannot be known by other producers.

E. Management systems:

1. Individual management systems shall meet their collection and recovery targets only with the waste into which the lubricating oils placed on the market by the producers that make up such management systems are converted. This does not apply to collective management systems, which may meet their collection and valorization goals with any ALU.

2. They must be authorized by the Ministry by means of a substantiated resolution, upon presentation of a management plan.

3. As obligations of the management systems it is established that they must: (i) enter into the necessary agreements with authorized and registered managers, which could include municipalities or municipal associations with legal personality; (ii) submit to the Ministry the progress and final reports on compliance with the goals and other associated obligations; and, (iii) provide the Ministry or the Superintendency with any additional information that may be required.

It also establishes additional obligations for each management system. In the case of individual systems, they must demonstrate that the ALU coming from lubricating oils introduced into the national market are not mixed with ALU from other producers. The collective management systems, in addition to the above obligations, must (i) carry out open bids to contract with managers for waste management services; (ii) constitute and maintain in force a bond, insurance or other guarantee to ensure compliance with the goals and associated obligations; and, (iii) ensure that the sensitive commercial information that is shared in compliance with the law cannot be known by other producers, managers, industrial consumers or others.

4. The producers that integrate a collective management system shall finance such system in proportion to the amount of lubricating oils introduced into the national market by each producer.

F. ALU collection and recovery goals:

Year Goals
First year 50%
Second year 52%
Third year 54%
Fourth year 59%
Fifth year 64%
Sixth year 69%
Seventh year 73%
Eighth year 77%
Ninth year 81%
Tenth year 85%
Eleventh year 88%
From the twelfth year onwards 90%

 

G. Depending on the ALU they generate, industrial consumers must choose between the following options: (i) deliver them to a management system; (ii) recover them themselves or through authorized and registered managers.

H. Some of the associated obligations:

1. The management systems must provide information on the costs of waste management to distributors, marketers, managers, consumers and/or other stakeholders, as well as specify the operations to which the ALU will be subjected.

2. Producers that introduce lubricating oils into the country must inform the National Customs Service whether or not they have an authorized management system or if they are not subject to extended producer responsibility.

3. The marketers of recoverable lubricating oils shall receive from the consumers, free of charge, the ALU delivered to them. In turn, they shall deliver them free of charge to the collection service provided by a management system authorized by the Ministry.

4. Obligation to label recoverable lubricating oils marketed within the national territory, within 3 years from the publication of the decree.

I. Obligations of consumers: All consumers shall be obliged to deliver the ALU to a management system, without prejudice to the alternatives indicated above for industrial consumers.

J. Supervision and sanction: The Superintendency shall be responsible for the supervision of compliance with the established obligations.

K. Entry into force: publication of the decree in the Official Gazette, with the exception of Title III on ALU Collection and Recovery Goals and Title IV on Associated Obligations, which will enter into force within 24 months from the publication of the decree. Notwithstanding the foregoing, it is established that until the above titles enter into force, all producers of lubricating oils must submit annually through the PRTR, the information indicated in the second transitory article of the Law, regarding actions carried out during the previous year.

Should you require additional information on this matter, please contact Javier Naranjo (jnaranjo@jdf.cl), Martín Esser (messer@jdf.cl) or María Paz Valenzuela (mpvalenzuela@jdf.cl).

Ministry of Environment – Law No. 21,600 / Creates the Biodiversity and Protected Areas Service and the National System of Protected Areas.

On September 6, 2023, Law No. 21,600 was published in the Official Gazette, creating the Biodiversity and Protected Areas Service, whose objective is the conservation of biological diversity and the protection of the country’s natural heritage, through the preservation, restoration and sustainable use of genes, species and ecosystems.

The main novelties are as follows:

A. Creation of the National Biodiversity and Protected Areas Service (SBAP), a public body, functionally decentralized and territorially deconcentrated into regional directorates, with legal personality and its own assets, whose functions are established in Article 5 of the Law.

B. Within the instruments for biodiversity conservation, it highlights the set of protected areas, State and private, terrestrial and aquatic, marine, continental and insular, and classifies them into 6 categories of protection:

– Virgin Region Reserve;
– National Park;
– Natural Monument;
– National Reserve;
– Multiple Use Conservation Area;
– Indigenous Peoples Conservation Area.

C. SBAP’s sanctioning power:

1. Violations of the Law, as established in Articles 115 and 116, shall be administratively sanctioned by SBAP, differentiating between very serious, serious or minor.

The sanctions include the possibility of imposing fines, total or partial restitution of the benefits obtained, extinction or expiration of the concession or permit, temporary prohibition to enter protected areas, and the provision of services for the benefit of one of these areas, all according to the magnitude of the infraction, considering the criteria indicated in the Law.

2. The corresponding penalties for infringement shall be without prejudice to the civil or criminal liability that may affect the offender.

D. Current protected areas:

1. Marine parks, national parks, national tourism parks, natural monuments, marine reserves, national reserves, forest reserves, nature sanctuaries, marine and coastal protected areas, national protected properties, and wetlands of international importance or Ramsar sites created up to the date of publication, are understood to be part of the SNAP.

2.Marine reserves, nature sanctuaries and national protected properties existing at the date of publication must undergo a process of homologation to the categories of protection, within 5 years from the entry into operation of the SBAP.

E. Management plans for the conservation of threatened ecosystems:

1. The Service will elaborate management plans for threatened ecosystems or part of them.

2. The application of these plans may affect projects or activities that have an Environmental Qualification Resolution, in which case they must be submitted to the review procedure contemplated in Article 25 quinquies of Law No. 19,300, if applicable.

F. Concessions or contracts prior to the creation of a protected area:

1. They will continue in force until the moment their relocation is carried out, except for non-compliance with the special rules that govern them, which will produce the expiration of the concession or termination of the contract.

2. The same applies to contracts entered into with the National Forestry Corporation (CONAF), understanding the SBAP as its legal successor.

3. The creation of a protected area will not hinder the development of activities that, within said area, have a favorable environmental qualification resolution.

G. Entry into force:

1. The functions and attributions of the SBAP will come into effect from its “entry into operation”, for which the President of the Republic is empowered to dictate the necessary norms within one year.

2. The functions and attributions of the SBAP with respect to the management of the SNAP, administration of the State’s protected areas and supervision of the administration of private protected areas, will come into effect three years after the SBAP becomes operational, when they apply to State protected areas in the categories of National Park, National Reserve and Natural Monument.

3. The regulations referred to in this Law must be issued within two years of its publication.

Should you require additional information on this matter, please contact Javier Naranjo (jnaranjo@jdf.cl), Martín Esser (messer@jdf.cl) or María Paz Valenzuela (mpvalenzuela@jdf.cl).

Extension of the deadlines established by the Water Code Reform and improvement before the DGA.

On July 13, 2023, Law No. 21.586 was published in the Official Gazette, which amends Law No. 21.435 (Reforming the Water Code) and the Water Code (“Water Code”).

In essence, the amendments correspond to:

A. Amendments to Law No. 21.435:

1. 1. Increases the term for registering in the Water Property Registry of the corresponding Real Estate Registry, the water use rights constituted by act of the competent authority, granted prior to this Law, until April 6, 2025.
2. Increases the term for registering water use rights in the Public Water Cadastre until April 6, 2025.

3. The expiration that would apply to the rights of use not registered within the above-mentioned term, will not apply to the current uses of water for which the regularization procedure is initiated.

4. The term of entry into force of the provision on third parties affected in proceedings regulated by the Water Code (first paragraph of article 132) is increased, so that it will be required, after April 6, 2025, that the persons who oppose must be holders of water use rights registered in the Water Property Registry of the corresponding Real Estate Registry.

5. The term to initiate the procedures for the conformation of the respective Groundwater Communities in those restriction areas or prohibition zones that have been declared prior to the Law is increased until April 6, 2025. After that, the General Water Directorate (“DGA”), will only authorize changes of catchment point in such areas or zones with respect to those persons who have taken part in the process of conformation of the community or join the community subsequently.

6. Individual registrations of water rights shall proceed from constitutive registrations of user organizations (judicially or extrajudicially), subject to a favorable report from the DGA. A circular of the DGA shall contain the requirements and conditions necessary to request this report.

B. Amendments to the Water Code:

1. Any request to improve or complete the essential elements or characteristics of the title to the water use right (including those determined by resolution of the Agriculture and Livestock Service) shall be submitted to the DGA, through the general procedure established in article 130 and following of the CdA.

For those who have already initiated the process of improvement in court, they may voluntarily submit to the administrative procedure, withdrawing or waiving their claim in court.

Should you require additional information on this matter, please contact: Javier Naranjo jnaranjo@jdf.cl; Martín Esser, messer@jdf.cl.

Ministry of the Environment – Law that establishes restrictions in the environmental evaluation of projects in areas declared latent or saturated.

On May 29, 2023, Law No. 21.562 was published, which amends Law No. 19.300 on General Bases of the Environment, incorporating, in summary, the following changes:

1. Incorporates the concepts of “Critical Impact”, “Prevention Plan” (PPA) and “Decontamination Plan” (PDA) in the catalogue of legal definitions.

2. Adds a special cause to require an Environmental Impact Study (EIA) to those projects, activities or modifications that, because of their emissions, generate significant impacts in the declared saturated or latent zone, while the PPA or PDA are not dictated.

3. Prohibition to execute or modify projects or activities that, as a consequence of their emissions, generate critical impacts in the declared saturated or latent zone, while the PPA or PDA are not dictated (the compensation of emissions is not applicable).

4. It grants powers to the Ministry of the Environment (MMA) to adopt precautionary measures in zones declared latent or saturated, while the PPA and/or PDA are not dictated, through founded resolutions. These would be maintained until the respective management instruments (PPA and/or PDA) are issued.

The entry into force of most of its regulations is deferred to the adaptation of Supreme Decrees No. 38 (which approves regulations for the issuance of environmental quality and emission standards), both of the MMA. However, the new definitions, the power of the MMA to adopt provisional measures and those rules related to the revision of the PPAs and/or PDAs are effective as of today.

Should you require additional information on this matter, please contact: Javier Naranjo, jnaranjo@jdf.cl and Martín Esser, messer@jdf.cl.

Ministry of the Environment – Proposed reform of the Environmental Impact Assessment System Regulation

On March 23, 2023, citizen consultation began on the proposed amendment to the Regulations of the Environmental Impact Assessment System established by Supreme Decree No. 40 of 2012 of the Ministry of the Environment, which was approved by Exempt Resolution No. 214 of March 13, 2023, of the Ministry of the Environment.

Thus, all persons may submit well-founded comments on the content of the draft amendment until April 25, 2023, electronically through the portal https://consultasciudadanas.mma.gob.cl/portal/consulta/141 or in writing at the Ministry of the Environment or at the regional ministerial secretariats of the Environment of the domicile of the interested party.

The amendments, among others, are intended to implement (i) Law No. 21.455, Framework Law on Climate Change (consideration of the Climate Change variable in the environmental impact assessment of projects or activities); (ii) the Escazú Agreement (promotion of citizen participation in the environmental impact assessment of projects or activities); and, (iii) Law No. 20.920, which establishes a framework for waste management, extended producer responsibility and promotion of recycling (systematize with the provisions of said law); (iv) Law No. 20.920, which establishes a framework for waste management, extended producer responsibility and promotion of recycling (systematize with the provisions of said law).

Other relevant changes are associated with the typologies of entry into the Environmental Impact Assessment System for projects or activities; in the determination of whether the effects, characteristics or circumstances of Article 11 of Law No. 19.300 are generated; in the content of environmental impact statements and studies; and in the environmental impact assessment process.

Should you require additional information on this matter, please contact: Javier Naranjo jnaranjo@jdf.cl; Martín Esser, messer@jdf.cl.

Ministry of Energy – Definition of Consumers with Energy Management Capacity for the year 2022

On March 8, 2023, Exempt Resolution No. 13 of March 2, 2023 was published in the Official Gazette, by means of which, under the 2022 process, the Consumers with Energy Management Capacity (“CCGE”) are defined for having consumptions over 50 tera-calories. The above in the context of compliance with Law No. 21,305 on Energy Efficiency.

Therefore, from this date, the CCGE will have 12 months to implement one or more Energy Management Systems (“SGE”).

Keep in mind that they have 20 days from the above mentioned publication to present discrepancies and 30 days to inform if they will opt for one or more certified EMS or not.

Should you require additional information on this matter, please contact: Javier Naranjo, jnaranjo@jdf.cl and Martín Esser, messer@jdf.cl

Ministry of the Interior and Public Security – Temporary delegation of COEVA’s presidency to Regional Governors

On February 7, 2023, Supreme Decree No. 62 of the Ministry of the Interior and Public Safety was issued, by means of which the competency that corresponded to that agency was temporarily transferred to the Regional Governors.

The transferred competence, which we highlight, is that of presiding over the Environmental Evaluation Commission (“COEVA”) in the corresponding region, being of special relevance, among the other functions of the president of the COEVA, that of settling in case of a tie vote in the qualification of the projects submitted to the Environmental Impact Evaluation System (“SEIA”).

The limitation corresponds to a delegation for 5 years, to the following Regional Governments:

1. Tarapacá;
2. Antofagasta;
3. Atacama;
4. Valparaíso;
5. Maule;
6. Ñuble;
7. Biobío;
8. Los Rios;
9. Los Lagos;
10. Aysén;
11. Magallanes and Chilean Antarctica.

The above-mentioned term begins 6 months after the publication of the decree in the Official Gazette, with respect to any permit or authorization in process or to be initiated after that date.

Should you require additional information on this matter, please contact: Javier Naranjo, jnaranjo@jdf.cl and Martín Esser, messer@jdf.cl

Ministry of Public Works – DGA fixes water use rights subject to payment of patent for non-use.

On January 16, 2023, Exempt Resolution No. 3.847, dated December 29, 2022, was published in the Official Gazette, in which the General Directorate of Water establishes the list of water use rights subject to the payment, for tax benefit, of the patent for non-use of water, process 2023, rectified by Exempt Resolution No. 19 dated January 6, 2023.

Within this process, it is necessary to keep in mind the following times:

– Term to appeal the resolution (Articles 136 and 137 of the Water Code).

– Time limit to comply with the payment obligation (article 129 bis 7° of the Water Code).

– Deadline for the General Treasury of the Republic to include the Rights in the judicial auction lists (article 129 bis 11°).

Should you require additional information on this matter, please contact: Javier Naranjo, jnaranjo@jdf.cl and Martín Esser, messer@jdf.cl

Ministry of the Environment – Preliminary Draft Electromagnetic Radiation Emission Standard Electromagnetic Radiation Emission Standard

On December 30, 2022, an extract of Exempt Resolution No. 1.541, dated December 15, 2022, of the Ministry of the Environment was published in the Official Gazette, approving the preliminary draft of the electromagnetic radiation emission standard associated with telecommunication services transmission equipment and networks.

The draft contemplates the maximum permissible limits; the deadlines for compliance (differentiating between new and existing sources); and the manner of compliance, all of which can be supervised by the Superintendency of the Environment.

With the publication of this extract, a public consultation process of 60 working days begins.

Should you require additional information on this matter, please contact: Javier Naranjo jnaranjo@jdf.cl; Martín Esser, messer@jdf.cl.

Ministry of Public Works – Modification of the Manual of Norms and Procedures for the Administration of Water Resources

On November 25, 2022, Exempt Resolution No. 3.020 of the General Water Directorate (“DGA”) was published in the Official Gazette, in the context of the implementation of the Water Code Reform, which amends the “MANUAL OF REGULATIONS AND PROCEDURES FOR THE ADMINISTRATION OF WATER RESOURCES – 2008”, approved by Exempt Resolution No. 3.504 of December 17, 2008.

Specifically, numeral 5.2. of Chapter V is replaced, related to requests for transfer of the exercise of the right to use surface water in natural watercourses (catchment and/or restitution points), within the same hydrographic basin.

Should you require additional information on this matter, please contact: Javier Naranjo jnaranjo@jdf.cl; Martín Esser, messer@jdf.cl.

Ministry of Public Works – Modification of the Manual of Norms and Procedures for the Administration of Water Resources

On November 16, 2022, Exempt Resolution No. 2.878 of the General Water Directorate (“DGA”) was published in the Official Gazette, in the context of the implementation of the Water Code Reform, which amends the “MANUAL OF RULES AND PROCEDURES FOR THE ADMINISTRATION OF WATER RESOURCES – 2008”, approved by Exempt Resolution No. 3.504, dated December 17, 2008.

Specifically, certain chapters are replaced and there are novelties regarding (i) the general procedure for processing applications; (ii) the regularization of water use rights (2nd transitory provision of the Water Code); and (iii) transitory authorizations for extraction by the Rural Sanitary Services.

Should you require additional information on this matter, please contact: Javier Naranjo jnaranjo@jdf.cl; Martín Esser, messer@jdf.cl

Ministry of Public Works – Water Code Reform – Miner’s Waters

On November 2, 2022, Exempt Resolutions No. 2600 and 2682 of the General Water Directorate (“DGA”) were published in the Official Gazette, which develop what is regulated in the respective article 56 bis of the Water Code (“WCA”), referred to as the Miner’s Waters.

Specifically, these resolutions refer to the following aspects:

1. Exempt Resolution DGA N°2600, dated October 17, 2022, is in charge of defining concepts of the norm, being relevant the interpretation it makes of it, granting it the category of exception (taking advantage of water without the granting of the respective concession) and, therefore, establishing a framework for its application.

In short, Article 56 bis may be applied to (i) those who hold a mining concession; (ii) those who, for safety reasons, capture groundwater before it emerges in the pit or subway mine (it must be justified that, if the safety action is not carried out, it would emerge in the same pit); and (iii) those who find water in exploration work, provided that it is necessary for the exploitation work.

Those who capture contact water from surface or subway runoff of natural origin, through hydraulic barriers associated with waste disposal works, tailings or safety or sanitary landfills, will not be able to take advantage of this rule.

Finally, it restates the need to submit the pertinent information to the DGA within 90 days of finding the water, for the respective pronouncement.

2. DGA Exempt Resolution No. 2682, dated October 21, 2022, develops the third paragraph of the aforementioned regulation, determining the form, requirements and periodicity for the delivery of the information to the DGA, within 90 days of finding the water, distinguishing between small or artisanal mining (Resolution No. 796 SERNAGEOMIN), small and medium/large mining companies.

It is important to note the deadline set for those who are using the waters found before the reform, who within 15 months after the reform (July 2023) must comply with the above mentioned.

Keep in mind that these waters have special grounds for extinction. Likewise, the DGA may limit the use and enjoyment of these waters, subject to a technical report, in the event that a serious impact on the groundwater or the rights of third parties is verified as a result of these uses.

Should you require additional information on this matter, please contact: Javier Naranjo jnaranjo@jdf.cl; Martín Esser, messer@jdf.cl.

Up- to- date law Ministry of the Environment – Law No. 20.920 REP Law – Management Systems

On September 13, 2022, the Honorable Tribunal for the Defense of Free Competition issued Report No. 27/2022 regarding the rules and procedures for the incorporation of new associates and for the operation of a Packaging Management System (ProREP – RIGK Chile SpA).

This corresponds to a crucial step for the presentation of the respective Management Plans by the Management Systems and thus obtain the respective authorization by the Ministry of the Environment, due to expire on September 16, 2022.

ProREP joins ReSIMPLE (Asociación de Alimentos y Bebidas de Chile A.G. “AB Chile”), a Management System that already has this report.

Keep in mind that Producers must comply with the obligations of the REP Law as of September 16, 2023, and must therefore adhere to an authorized Management System.

Should you require additional information on this matter, please contact: Javier Naranjo jnaranjo@jdf.cl and Martín Esser, messer@jdf.cl

Ministry of the Environment – Law No. 21.449 which amends Law No. 19.300 on General Bases of the Environment

On June 2, 2022, Law No. 21.449 was published in the Official Gazette, which modifies Article 30 bis of Law No. 19.300 on General Bases of the Environment. The modification extends the term from 10 to 30 days for citizen organizations with legal personality (at least two) or natural persons directly affected (at least 10) by a project or activity that entered via Environmental Impact Statement and that generates environmental burdens, to request the Regional Directorates or the Executive Director of the Environmental Evaluation Service to carry out a citizen participation process (PAC).

This article is framed in paragraph 3 of Title II of the Law, which deals with Environmental Management Instruments, specifically associated with Citizen Participation in the Environmental Impact Assessment procedure.

Should you require additional information on this matter, please contact: Javier Naranjo (jnaranjo@jdf.cl) and Martín Esser (messer@jdf.cl).

Updated Law Ministry of the Environment – Identifies the products that constitute Containers and Packages

On May 10, 2022, the Ministry of the Environment published Exempt Resolution No. 240 dated March 8, 2022, which identifies precisely the products that constitute packaging, indicating, in addition, the category to which they correspond. This is part of the implementation of the REP Law, specifically Supreme Decree No. 12/2020 on Collection and Recovery Goals for Containers and Packaging.

The resolution regulates:

i. The identification of products that constitute packaging (establishing criteria of function and excluding criteria); and

ii. The categories to which the containers correspond (differentiating criteria for household and non-household).

Industries with special interest in this regulation are Food (food and beverage), Hygiene, Pharmaceutical, Agro-industrial, Construction, Apparel, Electronics, Fuels, among others.

It is convenient to remember that the producers of Containers and Packaging must comply with the collection and recovery goals by September 2023, and must adhere to a Management System.

Should you require additional information on this matter, please contact: Javier Naranjo jnaranjo@jdf.cl and Martín Esser, messer@jdf.cl.

Ministry of Public Works – Law No. 21.435 / Reforms the Water Code

On April 6, 2022, Law No. 21.435, which reforms the Water Code (CoA”), was published in the Official Gazette, so its provisions, already reported here, enter into force.

It is important to bear in mind the following transitory provisions, in relation to water use rights and their implementation:

1. The holders of water use rights recognized, constituted or regularized prior to the reform and who have not built the necessary works to capture them will be subject to the extinction of their water use right in that part not effectively used (non-consumptive rights 10 years and consumptive rights 5 years from their inclusion in the list published the year following the entry into force of the reform).

2. The uses that require to be regularized by means of transitory articles 2 and 5 may only do so within 5 years from the publication. After that, they will not be admitted, except for those applications from indigenous people and indigenous communities (Law No. 19,253). Those who have filed their regularization applications prior to the reform, may apply to the new procedures established for such purpose.

3. The holders of water use rights constituted by act of authority, who have not registered their rights in the Water Property Registry of the corresponding Real Estate Registry within 18 months after its publication, will be subject to the expiration of their rights. For small agricultural producers (Law 18.910), the aforementioned term will be 5 years. The above, among other exceptions to the application of forfeiture.

4. The holders of water use rights constituted by act of authority, who, having their rights registered, have not incorporated them to the Public Water Cadastre (article 122 of the CoA), must accredit within 18 months their incorporation to the cadastre to the DGA, under penalty of a second degree fine (51 to 100 UTM). Self-reporting is allowed, with a 50% reduction of the fine.

5. The holders of water use rights constituted prior to the publication of the reform, and who wish to use them for the development of non-extractive projects and with ecological functions within protected areas, may be exempted from the payment of the non-use patent. To do so, they must comply with the requirements of the regulations issued for this purpose, as well as with the provisions of Article 129 bis 1A of the CoA.

Likewise, the exemptions from payment for non-use of water, conditioned to an amount of extraction volume (former number 4 of article 129 bis 4, the final paragraph of article 129 bis 5 and the second and third paragraphs of article 129 bis 6 of the CoA) revoked by the reform, will continue to be in force until the second year of entry into force and in cases of volumes of less than 10 liters per second, until the fifth year.

6. The General Water Directorate may suspend the exercise of permanent and continuous consumptive water use rights granted after the declaration of an exhausted basin, by prior resolution.

7. The factor of the equation to determine the amount of the payment of patents for non-use is increased by 4, from the eleventh and fifteenth year inclusive, from the date on which the water use right is constituted, recognized or authorized. Likewise, in the following five-year periods, the amount shall be calculated by doubling the previous factor, and so on.

8. The holders of mining concessions for exploitation and exploration who use water found by virtue of their mining work shall, within 15 months of the publication of the reform, inform the General Water Directorate of the volumes extracted, with the form and volumes extracted, in the manner and with the requirements prescribed in article 56 bis.

9. The provision that only third parties holding water use rights constituted and registered in the Water Property Registry of the corresponding Water Conservatory may oppose administrative proceedings in which they feel their rights are affected, shall enter into force within 2 years following the publication of the reform.

10. In all restriction areas or prohibition zones declared prior to the reform, the procedures to form Groundwater Communities must be initiated within 1 year. Once the term has expired, the DGA will not be able to authorize changes in the capture point in such zone, with respect to those persons who have not taken part in the process of conformation of such communities.

11. With respect to the registrations made in the Water Property Registry of the corresponding Water Registrar based on former N° 1, 2, 3 and 8 of article 114, they shall continue to be in force, but a fifth degree fine (1,001 to 2,000 UTM) and the offense provided in article 460 bis of the Penal Code (both related to the fact of taking advantage of a double registration) shall be applicable to them. Notwithstanding the foregoing, any holder of rights who has been recognized within the constituent titles of a users’ organization must have a title individually registered in his name.

12. For the transfer of water use rights, the holders must, within 5 years of the publication of the reform, note in the margin of their registrations the proof of their registration in the Public Water Cadastre. Failure to do so and after the term has elapsed, the Registrar shall not register the respective transfers.

Should you require additional information on this matter, please contact: Javier Naranjo jnaranjo@jdf.cl; Martín Esser, messer@jdf.cl

Environmental Evaluation Service Issues instructions on the application of the modifications introduced by the Urban Wetlands Law.

On January 17, 2022, the Environmental Evaluation Service (“SEA”), issued the Ordinary Office of the Executive Directorate No. 20229910238, which gives instructions regarding the application of paragraphs p) and s) of Article 10 of Law No. 19,300, Law on General Bases of the Environment (“LBGMA”).

This is due to the amendments introduced by Law No. 21.202, which modifies several legal bodies with the purpose of protecting urban wetlands. In summary, the entry of a project or activity, or its modification, may have as a cause for entry into the Environmental Impact Assessment System (“SEIA”), one of the literals p) or s) of Article 10° of the LBGMA, or both. Thus:

1. Project or activity, or its modification, related to urban wetlands recognized by the Ministry of Environment:

 a. Located within the perimeter of the urban wetland, they enter through letters p) and/or s).

 b. Located outside the perimeter of the urban wetland, they enter by literal s).

 c. Located inside and outside the perimeter of the urban wetland, are entered under letter p) as the main typology for works, programs or activities located within the perimeter of the urban wetland. By literal s), as secondary typology, the works, programs or activities that are located outside the perimeter of the urban wetland.

2. Project or activity, or if modification, related to urban wetlands not recognized by the Ministry of the Environment: entered by letter s).

3. The SEA’s instructions attempt to systematize its own pronouncements (Ordinaries of the Executive Directorate N°130844/2013; 161081/2016 and 202099102647), of the Comptroller General of the Republic (Opinions E12941/21 and E157665/21), as well as to collect some criteria used by the current Jurisprudence (Judgments CS Rol N°129273/2020; 21. 970/2021; and 42.687/2021), all in the context of the environmental assessment of projects or activities that must be submitted to the Environmental Impact Assessment System.

Should you require additional information on this matter, please contact: Martin Esser, messer@jdf.cl

Ministry of Public Works – DGA fixes water use rights subject to payment of patent for non-use.

On January 15, 2022, Exempt Resolution No. 3.592, dated December 29, 2021, was published in the Official Gazette, in which the General Directorate of Water establishes the list of water use rights subject to the payment, for tax benefit, of the patent for non-use of water, process 2022.

Within this process, it is necessary to keep in mind the following times:

– Term to challenge the resolution (articles 136 and 137 of the Water Code).
– Time limit to comply with the payment obligation (article 129 bis 7° of the Water Code).
– Deadline for the General Treasury of the Republic to include the Rights in the judicial auction lists (article 129 bis 11° and 12° of the Water Code).

It should be noted that, for these purposes, the rules of the current Water Code, in force, are cited. However, the regime of patents for non-use underwent some modifications with the bill that Reforms the Water Code, soon to be enacted and published.

Should you require additional information on this matter, please contact: Martin Esser, messer@jdf.cl

Ministry of Public Works – Bulletin No. 7.543-12 / Reforms the Water Code

On January 12, 2022, and after 11 years of processing, the Senate approved the report of the Joint Commission, as did the Chamber of Deputies on January 11, 2022. With this, the bill reforming the Water Code is on the verge of becoming a law, with only the promulgation by the President of the Republic and its subsequent publication in the Official Gazette remaining.

Substantial changes to the current regime include the following:

1. Term of exploitation rights: 30 years, unless the authority, by means of a well-founded resolution, determines a shorter term. The term for which a right of use is granted shall be extended by the sole authority of the law and successively, unless the Directorate General of Water accredits its non-use or it affects the sub-surface or surface source.

2. Extinction of exploitation rights for non-use: 5 years for consumptive rights and 10 years for non-consumptive rights. The term will run from the publication of the resolution that includes them for the first time in the list of exploitation rights subject to the payment of patent for non-use. This will apply, as well as all other provisions on exercise, enjoyment and charges of the new Water Code, to exploitation rights constituted prior to the reform.

3. Expiration of unregistered exploitation rights: 18 months to register rights granted prior to the reform, recognized, or exploitation rights granted after the reform in the Water Registry of the corresponding Conservator. This period shall run as from the publication of the Law.

4. Express recognition of the Human Right to water and sanitation: therefore, the use rights will be constituted based on the public interest, and the State must consider (i) the safeguard of human consumption and sanitation, (ii) the preservation of the ecosystem, (iii) the availability of water, (iv) aquifer sustainability, and (v) promote a balance between efficiency and safety among the different productive uses of water.

5. Modification to the Miner’s Waters: the waters found by the mining concessionaires (exploration and exploitation) may be used (i) to the extent that they are necessary for the exploitation operations and (ii) they are reported for registration, within 90 calendar days from their discovery, to the General Water Directorate, indicating their location and volume per unit of time and the activities that justify such need. Upon such request, the General Water Directorate may limit such use if (i) there is a serious affectation of the aquifers or (ii) third party rights.

6. Modifications to the regime of patents for non-use: increase of the factors for the determination of the amount of the patents; changes in the exemptions to the payment thereof; surcharges for late payment; as well as some modifications to the auction procedure.

7. General Water Directorate: it is mandated to prepare Strategic Water Management Plans; it is granted greater sanctioning powers; it is given tools to have and demand more information; and among others, greater powers to limit use rights.

8. Regularization of use rights: they may only be initiated within 5 years after the publication of the reform. Also, a new procedure is established, without a judicial phase (those who filed their request before the entry into force of the reform may submit to this procedure). Among other changes.

In case you require additional information on this matter, please contact: Martin Esser, messer@jdf.cl

Ministry of the Environment – Amends Supreme Decree N°3/2012 – Sludge Management in the fruit and vegetable processing industry.

On October 26, 2021, the modification of Supreme Decree No. 3/2012 of the Ministry of the Environment (D.S. No. 3/2012) was published, which approves the regulations for the management of sludge from effluent treatment plants of the fruit and vegetable processing industry.

The main modification consists of eliminating the requirement of sludge stabilization (Article 4 of D.S. N°3/2012), i.e. to reduce volatile solids by at least 38% and to have a moisture content of no more than 70%; or to comply with a requirement listed in Article 6 of Supreme Decree N°4/2009 of the Ministry General Secretariat of the Presidency, regulation for the management of sludge generated in sewage treatment plants.

This is due to the fact that there was no technical justification for requiring the same terms as for sludge generated in sewage treatment plants, which ultimately discouraged the reuse of such material.

Should you require additional information on this matter, please contact: Martin Esser, messer@jdf.cl

Ministry of the Environment – Supreme Decree N°39 establishes emission standards for mobile machinery

On October 21, 2021, Supreme Decree No. 39 of the Ministry of the Environment was published, which establishes emission standards for mobile machinery (defined in letter a) of Article 2°), coming into force today.

Scope of application: mobile machinery, which importation is made 24 months from the present date. In the case of tractors, a period of 36 months from the present date shall apply.

Obligated parties: Manufacturers or their legal representatives in Chile, distributors or importers of mobile machinery subject to the emission limits required by the standard, which must submit the respective documentation to the Superintendence of the Environment.

Inspection: Superintendencia del Medio Ambiente.

If you require additional information on this matter, please contact: Martín Esser, messer@jdf.cl

Ministry of the Environment – D.S. N°12/2021 which establishes collection, recovery and other obligations for containers and packaging.

On September 21, 2021, the Ministry of the Environment published Exempt Resolution No. 1026 of September 14, 2021, which approves the proposed Resolution that identifies the products that constitute packaging, also indicating the category to which they correspond, in accordance with the provisions of Article 2°, number 5), second paragraph of Supreme Decree No. 12/2021, which establishes collection and recovery goals and other associated obligations for containers and packaging.

The respective Citizen Participation process expires on October 21, 2021, being able to make the respective observations to the proposal in the following link: https://consultasciudadanas.mma.gob.cl/portal/consulta/112

Should you require additional information on this matter, please contact: Martin Esser, messer@jdf.cl

Dirección General de Aguas – Orders the installation and maintenance of measurement and transmission systems of effective extractions for ground and surface waters.

On September 15, 2021, the following resolutions were published in the Official Gazette, ordering the installation and maintenance of measurement and transmission systems of effective extractions for ground and surface water in different sectors of different regions of the country:

1. Surface water:

(i) Exempt Resolution No. 1,124 of August 19, 2021, orders users whose collection points are located in the Metropolitan Region of Santiago, specifically in the coastal basin between Maipo and Rapel.

(ii) Exempt Resolution No. 1,421 of August 19, 2021, orders users whose collection points are located in the Valparaíso Region, specifically in the coastal basin between Maipo and Rapel.

(iii) Exempt Resolution No. 491 of August 26, 2021, orders users whose collection points are located in the Araucanía Region, in the Imperial river basins; Budi river basin; coastal basins between Budi and Toltén rivers; Toltén river basin; and Queule river basin.

(iv) Exempt Resolution No. 182 of August 30, 2021, orders users whose catchment points are located in the Magallanes and Chilean Antarctica Region, specifically in the basins “Coastal between Andrew Sound and Hollemberg River and Islands to the East” and “Coastal between Laguna Blanca (inc), Otway Sound, Jerónimo Channel and Magallanes”.

2. Ground Waters:

(i) Exempt Resolution N°261 of August 31, 2021, orders the holders whose water catchment points are located in the Tarapacá Region, specifically in the Hydrogeological Sector of Common Use called Salar de Sur Viejo.

(ii) Exempt Resolution No. 721 of August 16, 2021, orders the holders whose water catchment points are located in the Libertador General Bernardo O’Higgins Region, specifically in the Hydrogeological Sectors of Common Use (SHAC): Yerbas Buenas Chain; El Monte – Tinguiririca; Estero Hidango; Estero Paredones; Estero Pupuya; Estero Quiahue; Estero San Antonio; Estero Topocalma; Laguna Bucalemu; Laguna de Cahuil; Nilahue before Quiahue; Nilahue in Santa Teresa; San Fernando; Tinguiririca Superior; and Chimbarongo.

(iii) Exempt Resolution No. 691 of August 23, 2021, orders the holders whose water catchment points are located in the Maule Region, specifically in the Hydrological Sector of Common Use (SHAC) Chimbarongo.

Should you require additional information on this matter, please contact: Martín Esser, messer@jdf.cl

Ministry of the Environment – Supreme Decree N°38 establishes emission standards for generator sets

On September 15, 2021, Supreme Decree No. 38 was published, which establishes the emission standard for generators, coming into force today. This standard is part of the environmental regulation program 2020-2021 of the Ministry of Environment.

Scope of application: new generator sets (those whose importation takes place 24 months after the entry into force of this decree), throughout the national territory, which are powered by internal combustion engines with compression ignition, with a maximum engine power greater than or equal to 19 kW.

Exception: generator sets operating in areas without access to the National Electric System, whose main use is the supply of residential customers.

Mandatory: Manufacturers or their legal representatives in Chile, distributors or importers of generators subject to the emission limits required by the standard, which must submit the respective documentation to the Superintendence of the Environment.

Should you require additional information on this matter, please contact: Martin Esser, messer@jdf.cl.

Ministry of Public Works – Modifies the Regulation of Major Hydraulic Works (Article 294 of the Water Code).

On September 15, 2021, Supreme Decree No. 131 of July 8, 2021, of the Ministry of Public Works was published in the Official Gazette, which amends Supreme Decree No. 50 of January 13, 2015, of the same ministry, which approves the regulation referred to in Article 295, paragraph 2°, of the Water Code, establishing the technical conditions to be met in the design, construction and operation of the hydraulic works identified in Article 294 of the aforementioned legal text (hereinafter the “Regulation”).

Among the most important modification is the inclusion of the term “Commissioning” (defined in the new letter r) of the Regulation), which is incorporated for those projects that, in practice, require to be operated with water in order to verify their safety, prior to their reception.

Likewise, they include deadlines and the way in which this process must be carried out, which provides greater certainty when requesting the approval of the definitive project.

Notwithstanding the above, all those project owners who have Project Approval and construction authorization prior to these modifications and who do not have reception of works and operation authorization, when submitting to the corresponding reception procedure, may opt to apply the rules of the old Regulation or the new one.

For those owners of projects without Works Reception, whose works have been executed and their commissioning is in progress or exceeded, before the entry into force of these modifications, the new regulations will be applicable.

The provisions of the new second paragraph of Article 55 of the Regulation shall not be applicable to them.

Should you require additional information on this matter, please contact: Martin Esser, messer@jdf.cl.

Ministry of the Environment – Law No. 21.368 regulates the disposal of single-use plastics and plastic bottles

On August 13, 2021, Law No. 21.368 was published, which regulates the delivery of single-use plastics and plastic bottles (“Law No. 21.368”) and modifies certain legal bodies (mainly Law No. 19.300 on General Bases of the Environment and Law No. 20.417, which creates the Superintendency of the Environment and establishes its organic law).

Obligations established:

Prohibitions and/or limitations on the delivery of single-use products inside and outside food vending establishments.
Plastic certification system (not limited to those regulated by the Law).
All disposable plastic bottles marketed by any natural or legal person must be composed of a percentage of plastic that has been collected and recycled within the country.
Returnability obligation for beverage sellers.

Control:

In charge of the municipalities and the fines will be between 1 and 5 UTM for each single-use product delivered in contravention of the provisions of this law; and from 1 to 20 UTM in contravention of those sections related to environmental education and information. The sanctions will be applied by the competent Local Police Court, in accordance with the ordinary procedure contemplated in Law No. 18.287.

Regulatory power:

The Ministry of the Environment shall issue the regulation referred to in this Law in February 2022.

Validity:

From August 13, 2021. Bear in mind the deferred validity for certain provisions established in the first transitory article.

Should you require additional information on this matter, please contact: Martin Esser, messer@jdf.cl

Ministry of Environment – Supreme Decree N°12, establishes collection and recovery targets and other obligations associated with packaging.

On 16 March 2021, Supreme Decree N°12 (“D.S. N°12/2021”), dated 8 June 2020, was published, which establishes the targets for the priority product containers and packaging and, therefore, must also comply with the provisions of Law N°20.920 which establishes the framework for waste management, extended producer responsibility and the promotion of recycling (“REP Law”).

This decree comes into force as of today, with the exception of titles III (collection and recovery targets) and IV (obligation of design, coverage and operation of waste reception and storage facilities; selective collection systems for household recycling), which will come into force as of 16 September 2023.

The SMA will monitor compliance with the targets and other obligations established in the supreme decrees of the priority products, as well as the functioning of the management systems.  It should be remembered that these supreme decrees can be appealed before the Environmental Courts. The deadline for lodging an appeal is 30 days from today.

If you require further information on this matter, please contact: Martin Esser (messer@jdf.cl)

Directorate General of Water sets water use rights subject to payment of a patent for non-use.

On January 15, 2021, Exempt Resolution No. 2.662, of December 28, 2020, was published in the Official Gazette, in which the General Directorate of Water established the list of water use rights subject to the payment of a patent for non-use of the water, for fiscal benefit, when the water is not associated with a collection (and restitution) work necessary to use it (Article 129 bis 9 of the Water Code), process 2021.

Within this process, it is necessary to have the following times in sight:

– Deadline to appeal the decision (Appeal for Reconsideration or Claim, article 137 of the Water Code): until 26 February 2021.

– Deadline to comply with the obligation to pay (Article 129 bis 7° of the Water Code): until 31 March 2021.

– Term of the General Treasury of the Republic to include the Rights in the judicial auction lists (article 129 bis 11° and 12° of the Water Code): between the first of April and the first of June 2021.

In case you require additional information on this matter, you may contact Sven Herlin, sherlin@jdf.cl; and/or Martin Esser, messer@jdf.cl

General Directorate of Water – Supreme Decree No. 53 of the Ministry of Public Works, approves regulations for monitoring effective surface water extraction.

On October 15, 2020, Supreme Decree No. 53 (“D.S. No. 53/2020”), dated April 3, 2020, of the Ministry of Public Works (“MOP”) was published, which regulates some of the amendments introduced by Law No. 21. 064, published on January 27, 2018, that is, to make explicit the terms, criteria, and technical conditions necessary to apply the well-founded resolutions issued by the General Water Directorate to comply with the obligation to install and maintain a Measurement and Transmission System to control, measure, and report the water extracted by users’ organizations or the exclusive owner of an aqueduct that extracts water from a natural stream, including water extracted from accumulation works located on the natural course. Also, users’ organizations or the exclusive owner of an aqueduct that draws water from a natural stream, and are users of non-consumptive surface water rights, must install a measurement system at the point of restitution (Article 38 and 307 bis of the Water Code).

In case you require additional information on this matter, you can contact Marcelo Mardones, mmardones@jdf.cl; Martin Esser, messer@jdf.cl

General comptroller’s office, ecological conservation areas defined in territorial planning instruments should be considered as areas placed under official protection

On September 30, 2020, the General Comptroller of the Republic (“CGR”), issued Opinion No. 39766/2020, in which it ruled that the Ecological Preservation Areas, defined in territorial planning instruments, must be considered as areas placed under official protection for purposes of Article 10, letter p), of Law No. 19,300, on the General Basis of the Environment, so that projects or activities, likely to cause environmental impact, which are located in such areas, must enter the Environmental Assessment System.

In combination with this, the CGR orders the Environmental Evaluation Service to adapt the Instructional Letter No. 130,844, of 2013, and said service must inform the CGR of this within 30 days. The aforementioned document unifies criteria and technical requirements on areas placed under official protection and protected areas for the purposes of the Environmental Impact Assessment System.

Notwithstanding, this Opinion shall not apply to projects already approved.

In case you require additional information on this matter, please contact Marcelo Mardones, mmardones@jdf.cl; and/or Martín Esser, messer@jdf.cl.