Chile

• Author: Iván Poklepovic
• Pages: 433-454

CHAPTER 23

Chile

IVÁN POKLEPOVIC

I. Introduction: Chile’s Institutional Framework

The primary regulations governing the protection of the environment in

Chile are the Chilean Constitution and Law No. 19,300, the General Environ-

mental Law (1994) (Ley de Bases del Medio Ambiente, LBMA).

The constitution guarantees all people the right to live in a pollution-free

environment and provides to all people a cause of action to protect that right

when it is affected by an illegal act or omission attributable to a specific

authority or person.1 In addition, the constitution provides that the Chilean

government has the duty to safeguard this right and preserve the natural

environment.

The LBMA is the chief legal statute governing the Chilean environmental

legal framework. It regulates the right to live in a pollution-free environ-

ment, the protection of the environment, the preservation of nature, and the

conservation of the nation’s environmental heritage. The LBMA incorporates

environmental management instruments to protect the environment such as

strategic environmental assessment,2 the environmental impact assessment

system (sistema de evaluación de impacto ambiental, SEIA),3 emission standards,4

primary and secondary quality standards,5 latent or saturated zone declara-

tion,6 and prevention and decontamination plans.7

More recently, Law No. 20,417, dated January 26, 2010, modified the

LBMA and redesigned this framework. The new institutions created included

(1) the Ministry of the Environment, charged with the design and imple-

mentation of policies, plans, norms, and programs on environmental issues;

(2) the Environmental Assessment Service, charged with administering the

SEIA; and (3) the Superintendence of the Environment, in charge of enforc-

ing environmental management instruments, such as (a) environmental

approval resolutions for projects subject to the environmental impact assess-

ment requirement; (b) measures of prevention and decontamination plans;

(c) quality and emission standards; (d) management plans under the LBMA;

and (e) other standards and environmental instruments not under the con-

trol and oversight of other agencies of the government.8

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In addition to the agencies described above, there are several other

public agencies with environmental powers charged with the protection of

specific environmental components, such as the National Forest Corpora-

tion (Corporación Nacional Forestal, CONAF),9 the Agricultural and Live-

stock Service (Servicio Agrícola y Ganadero, SAG),10 the National Fishing

Service (Servicio Nacional de Pesca y Acuicultura, SERNAPESCA),11 the

National Water Authority (Dirección General de Aguas, DGA),12 the

National Mining and Geology Service (Servicio Nacional de Geología y

Minería, SERNAGEOMIN),13 and the Health Authority (Secretaría Regional

Ministerial (SEREMI) de Salud), among others. These agencies are respon-

sible for enforcing environmental laws and instruments not under the con-

trol of the Superintendence of the Environment.

II. Air and Climate Change

A. Air Pollution Control

Air pollution control is a significant challenge in Chile because of the inter-

ests involved and the health issues surrounding air policy. The major chal-

lenge concerning air quality is concentrated in the Metropolitan Region of

Santiago, a region with significant air pollution issues, and where more than

a third of the population lives. Like Santiago, other southern cities and bor-

oughs, such as Temuco and Padre Las Casas, also face serious air quality

problems due to the use of firewood as a source of energy.14 In addition, the

mining and energy industries have also contributed to air pollution due to

poor air emissions management.

The government has a duty to enact norms to regulate the presence of

pollutants in the environment to prevent them from becoming a risk for the

preservation of nature, the conservation of the nation’s environmental heri-

tage, and the people’s health and quality of life. In order to face air quality

challenges, Chile has an array of environmental instruments designed to

reach an equilibrium that allows development while preventing air pollu-

tion. Among these instruments are air quality standards, air emission stan-

dards, and prevention and decontamination plans.

For example, to protect human health, Chile has enacted primary air

quality standards for air pollutants such as particulate matter (PM10 and

PM2.5), lead, ozone, sulfur dioxide, nitrogen dioxide, and carbon monoxide.

Additionally, a secondary air quality standard for sulfur dioxide came into

force in 2010.15

The government has also promulgated several air emission standards

for both stationary and mobile sources. For stationary sources, Decree No. 4

of 1992, Ministry of the Presidency, regulates the emission of particulate

matter in the Metropolitan Region of Santiago by establishing an emission

compensation system. Decree No. 165 of 1999, of the same ministry,

addresses arsenic emitted into the air. More recently, an emission standard

for thermoelectric power plants16 and an emission standard of particulate

434 INTERNATIONAL ENVIRONMENTAL LAW