THE DEVELOPMENT OF ENVIRONMENTAL LAW IN LATIN AMERICA: ENVIRONMENTAL PERMITTING IN CHILE IN TIMES OF CHANGE

• Jurisdiction: Derecho Internacional

International Mining and Oil & Gas Law, Development, and Investment
(Apr 2015)
CHAPTER 21A
THE DEVELOPMENT OF ENVIRONMENTAL LAW IN LATIN AMERICA: ENVIRONMENTAL PERMITTING IN CHILE IN TIMES OF CHANGE
Patricio Leyton
Partner
FerradaNehme
Santiago

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PATRICIO LEYTON is a partner with the law firm of FerradaNehme, in Santiago, Chile, where he leads the natural resources, environment and project development practice. Patricio works for Chilean and foreign clients specializing in the development of natural resources projects in the areas of mining, energy, and environment. He has been the lead counsel in the approval of several billion dollar projects in the mining and energy sectors. Patricio has extensive experience with Environmental Impact Assessments, public participation processes, negotiation with authorities and local communities, and, specifically, indigenous communities, in the application of the ILO.

Environmental Permitting in Chile in times of Change

FerradaNehme

Patricio Leyton

April 2015

History of Environmental Law

1. First Norms: 1550-1964

2. Import Substitution: 1964-1973

3. Free Market: 1973-1989

4. New Constitution 1980

5. Transition to democracy: 1990-1994

6. Birth of institutionality: 1994-1997

7. Development of institutionality: 1997-2010

8. New institutionality: 2010-Present

Chilean Legal Framework: General Legislation

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1. Constitution of the Republic (1980)

2. Environmental Framework Law N° 19.300 (1994 as modified in 2010)

3. Environmental Impact Assessment Regulation SD N° 40 (2013)

4. Superintendence of Compliance Law N° 20.417 (2010)

5. Environmental Court Law N°20.600 (2012)

Mining Legislation

1. Constitution of the Republic (1980)

2. Organic Constitutional Law on Mining Concessions N°18.097 (1982)

3. Mining Code Law N°18.248(1983)

4. Mining safety regulation SD N°132 (2002)

5. Mining Sites...