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News Alert

New Regulation for the Approval Of Hydraulic Works

Decree N° 50/2015, issued by the Ministry of Public Works, has been enacted. This act approves the Regulation that sets the technical conditions to be fulfilled during the design, construction and operation stages of hydraulic works, as defined in Article 294 of the Water Code.

Through this Decree, the Ministry of Public Works has set the text for the Regulation of Large Public Hydraulic Works, which had been pending enactment since 1981. This decree outlines the requirements and procedures that must be followed in order to obtain authorization to begin construction on hydraulic works, and to receive approval to initiate operations once construction has been completed.

The hydraulic works for which construction and modifications are covered by the new Regulation, are:

  • dams or tailing dams (exceptions apply);
  • industrial dams, tailing, mineral and concentrate pipelines; and
  • in general, any hydraulic works able to hold or move water, or elements transported through water, that:o have a capacity larger than 50,000 cubic meters;
    • have a wall that is higher than five meters;
    • move more than five cubic meters per second;
    • are near urban areas, and/or
    • siphons that cross natural waterways.

To read the decree, please click here (Spanish).

If you have any questions regarding the matters discussed in this memorandum, please contact the following attorneys or call your regular Carey contact.

This memorandum is provided by Carey y Cía. Ltda. for educational and informational purposes only and is not intended and should not be construed as legal advice.

Carey y Cía. Ltda.
Isidora Goyenechea 2800, Piso 43
Las Condes, Santiago, Chile.