Update on Environmental Impact Assessment Regulations

The Chilean Environmental Ministry Authority has developed an update on the Environmental Impact Assessment System Regulation (DS. N° 40, 2012). The Environmental Impact Assessment (EIA) System is a legal and administrative tool for identifying, predicting, and interpreting the environmental impact of a project or activity while proposing preventive measures.

The purpose of the proposed modification of this Regulation is to substantially incorporate the climate change variable in accordance with article 40 of Law No. 21,455, Framework Law on Climate Change.

The Environmental Ministry Authority also aims to improve citizen participation in the environmental impact assessment procedure, in line with the "Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean", commonly known as the "Escazú Agreement."

Lastly, this update aims to harmonize its provisions with Law No. 20,920, which establishes a framework for waste management, extended producer responsibility, and the promotion of recycling. The Chilean Environmental Ministry Authority is committed to preparing the country for climate change challenges, addressing waste management, and encouraging greater public participation in the process.

This change will not impact the importation requirements within Chile. However, the approval of this update may lead to the development of new regulatory requirements in the near future.

Comments can be submitted at the same link, and the consultation will be open until April 25, 2023.

Link to Consultation - https://consultasciudadanas.mma.gob.cl/portal/consulta/141