The creation of courts specialized on environmental controversies was the result of a political agreement that allowed the restructuration of Chilean environmental authorities by Law No.20,417 of 2010 6. Considering the wide range of supervision and sanctioning powers granted to the newly created Bureau of the Environment, it was agreed the suspension thereof until specialized courts that could counterbalance such powers were created. After a two-year legislative discussion, Law No.20,600 comes to end such process.
For illustrative purposes, Law No.20,417 confers the Bureau exclusive powers to supervise the compliance with projects environmental approvals, the measures of decontamination and prevention plans, the content of quality and emission standards, and management plans. Likewise, it is granted with powers to take on preventive measures in case of imminent damage to the environment.
In terms of sanctions, they were substantially increased with respect to what was established by Law No.19,300 or Framework Law on the Environment7. As that, the Bureau may impose sanctions that range from reprimands in writing and fines of up to 10,000 UTA (US$9,700,000 app.), to facilities temporary or definite closure, and the revocation of the environmental approval.
1 The First Environmental Tribunal will have jurisdiction over the Regions of Arica, Tarapacá, Antofagasta, Atacama and Coquimbo.
2 The Second Environmental Tribunal will have jurisdiction over the Regions of Valparaíso, Metropolitan of Santiago, General Bernardo O'Higgins, and Maule.
3 The Second Environmental Tribunal will have jurisdiction over the Regions of Biobio, La Araucanía, Los Ríos, Los Lagos, Aysén and Magallanes.
4 As opposed as the system established by Law No.19,300 or Framework Law on the Environment, by which both the action to repair the damaged environment and to recover the monetary damages caused were known by the same tribunal, Law No.20,600 confers Environmental Courts a declarative function to determine the damage to the environment and the measures required for its restoration, being regular courts in charge of determine monetary damages.
5 There can be appellate only those Environmental Courts’ decisions that do not admit the claim, the one that open a period to prove the parties’ allegations, and the one that terminates the procedure.
6 Law No.20,417 creates the Ministry of the Environment, the Sustainability Council of Ministers, Environmental Assessment Agency and the Bureau of the Environment.
7 Currently, Law No.19,300 establishes that sanctions for non-complying with the Environmental Law range from reprimands in writing and fines up to 500 UTM (app US$40,000) to the revocation of the environmental approval.
