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.