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Environmental Assessment Service Maintains deadline suspension measures

01 Jul 2020

Introduction

On June 26, 2020, the Executive Directorate of the Environmental Assessment Service (“SEA”) issued Exempt Resolution No. 202099101455, which extends the suspension of the deadlines, provided for under Exempt Resolutions No. 20209910194, No. 202099101137, No. 202099101326, No. 202099101401, and N° 202099101430, of the same address, until July 31, 2020, inclusive, all those procedures of the Environmental Impact Assessment System (“SEIA”) processed before the Executive Directorate and Regional Directorates of the Environmental Assessment Service that contemplate Citizen Participation.

Specifically, it is suspended:
The processing of environmental impact statements and studies (“EIS” and “EIA”) with public participation (“PAC”) in progress.

The processing of EISs with an environmental charge, in which the execution of a PAC process was decreed (Article 95 of the Regulations of the Environmental Impact Assessment System, approved by D.S. No. 40/2013 of the Ministry of the Environment, “RSEIA”).

The processing of EISs and EIAs in which a new stage of CAP is opened (Article 92 and 96 of the RSEIA)

The processing of EIAs that enter the SEIA during the suspension period (March 20-31, 2020). They will be admitted for processing, but will be understood to be suspended from that date. The paper copies required for CAP requirements (Article 29 of the RSEIA), must be delivered once the evaluation deadlines are reactivated.

The processing of EISs and EIAs in which meetings must be held with human groups belonging to Indigenous Peoples (Article 86 of the RSEIA).

Bear in mind that, without prejudice to this, according to the second paragraph of recital No. 13 of the resolution, the Executive Director or Regional Director, as appropriate, may raise the measure with respect to a given project, in order to carry out public participation activities, by means of a well-founded resolution.

In addition, it extended the deadlines established in Exempt Resolutions No. 202099101160 and No. 202099101326, dated April 3 and 30 respectively, both from the Executive Directorate of the SEA, for the submission of Addenda, Complementary and Exceptional Addenda, as appropriate, with respect to the evaluation processes processed before the Executive Directorate and the Regional Directorates.

This suspension corresponds to:
Projects with Addenda that were to be submitted between June 30 and August 30, 2020 (both dates included), the deadline for submission is extended to August 31 of this year, without prejudice to the power of the proponent to enter the Addendum when it deems appropriate within that period of the year.

Projects with Addenda to be submitted after August 31, 2020, the deadline for submission established by any of these circumstances is maintained: (i) in the corresponding ICSARA; (ii) in a resolution extending the term of Articles 38 (paragraph 6), 41 (paragraph 3), 50 (paragraph 5) or 53 (paragraph 3) of the RSEIA; or (iii) by virtue of Exempt Resolution No. 202099101326, dated April 30, 2020, of the Executive Directorate of the SEA.

Contact

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

JDF