"(Artículo primero.-Introdúcense las siguientes modificaciones en la ley Nº 19.300, sobre Bases Generales deel Medio Ambiente: 1) (in article 2: to) (Incorporanse, then of the letter to)(, las siguientes letras a bis) (and ter)(: La bis) biotechnology: means any technological application that uses biological systems, living organisms, or derivatives to make or modify products or processes for specific uses;"
TER) climate change: refers to a change of climate attributed directly or indirectly to human activity that alters the composition of the global atmosphere and that is added to natural climate variability observed over comparable time periods. "."
((b) merge, then the letter h), the following letter h bis): "(h bis) synergistic effect: one that occurs when the combined effect of the simultaneous presence of several agents means one higher environmental incidence that the effect of individual incidents referred to isolation;".
((c) incorporated after the letter i), the following letter i bis): "(i bis)." Strategic environmental assessment: the procedure carried out by the sectoral Ministry respective, that incorporate environmental considerations of sustainable development, the process of formulation of policies and plans of general normative character, having impact on the environment and sustainability, so that they are integrated in the enactment of the respective policy and plan, and its substantial modifications; "."
((d) replace, in the letter j), the phrase "of the National Commission of the environment or of the respective Regional Commission, in his case", by "in the service of evaluation environmental".
((e) joining, then of the letter m), the next letter m bis): "(m bis) best available techniques: the phase more efficient and advanced development activities and their modes of exploitation, that demonstrates the practical ability of certain techniques to avoid or reduce overall emissions and the impact on the environment and the health of the people." For this purpose should be considered an assessment of economic and social impact of its implementation, costs and benefits, the use or production of them in the country, and access, on reasonable terms, the regulated may have them; "."
(2) in article 4.
(a) insert in paragraph first, between the words "participation citizen"and the conjunction "and" the phrase"access to environmental information".
(b) add the following second paragraph: "the organs of the State, in the exercise of their environmental responsibilities and the application of environmental management instruments, should promote adequate conservation, development and strengthening of the identity, language, institutions and social and cultural traditions of peoples, communities and indigenous people, in accordance with the designated in the law and the international conventions ratified by Chile and are in force.".
(3) add, then article 7, the following paragraph 1 bis: "paragraph 1 bis of the evaluation environmental strategic article 7 ° bis.-shall be subject to strategic environmental assessment policies and general policy plans as well as its substantial modifications, which have impact on the environment and sustainability, to the President of the Republic, at the proposal of the Council of Ministers designated in article 71, decide.
In any case, always be subjected to strategic environmental assessment plans regional land use planning, inter-communal regulatory plans, communal regulatory plans and sectional plans, regional plans for urban development and zoning of the coastal, maritime territory and integrated watershed management or the instruments of territorial replacement or reconsideration. In this situation the procedure and adoption of the instrument will be in charge of the Ministry of housing and urban development, the Regional Government or municipality or any other agency of the Government, respectively.
The development of policies and plans must contemplate the design and approval stages.
In the design stage, the agency that will dictate the policy or plan, should be considered the objectives and environmental effects of the instrument, as well as the criteria of sustainable development. During this stage you must integrate to other organs of the State administration related to matters subject to the policy or plan, as well as other instruments related to them, in order to ensure the coordinated action of public institutions involved in the projects affected by the policy or plan. In the case referred to in the second paragraph, must always be related to road capacity instruments drawn up by the competent authority.
At the stage of approval, it must prepare a draft policy or plan which will contain an environmental report, which will be forwarded to the Ministry of the environment for their observations, to be then submitted for public consultation by the responsible agency.
(Article 7 ter-a regulation shall establish the procedure and deadlines by virtue of which shall be dealt with this type of assessment, which must be considered: to) the basic aspects to consider during the design stage, including the form of consultation and coordination of the State agencies that may be linked to the policy or plan for evaluation;
(b) the minimum contents for the preparation of environmental reports of policies or plans;
((c) form of participation of the public concerned, and d) form of advertising policy or plan, as well as its subsequent reformulation. This form of advertising should be considered a massive, full and didactic diffusion towards the victims and the community in general, in relation to the content, scope and effects of policy or plan, as well as its subsequent reformulation.
Article 7 quater-the stage of approval of the policy or plan, will culminate with a resolution of the sectoral Ministry, in which the process of developing policy or plan from its design stage, the participation of other agencies of the State, the public consultation carried out and the way in which has been considered, the content of the environmental report and the respective environmental considerations and sustainable development which must incorporate the policy or plan be designated for its enactment, as well as criteria and monitoring indicators to monitor the effectiveness of the plan or policy, and the criteria and indicators of redesign that they should be considered for the reformulation of the plan or policy in the medium or long term. "."
((4) in article 8: to) Agreganse, the following third and fourth subparagraphs, becoming the third current final paragraph: "Notwithstanding the permissions or sectoral pronouncements, always required the report of the Regional Government, the respective municipality and the competent maritime authority, where appropriate, on the territorial compatibility of the proposed project.
Projects or activities subject to environmental impact assessment system must always consider the policies and plans evaluated strategically, according to what stated in the paragraph 1 bis of this title. '. "
(b) replacements, in the final paragraph, the phrase "to the Commission Regional or national environmental, in your case", "at the service of environmental assessment", and the "preceding" Word for "above".
((5) in article 9: to) replace, in the second paragraph, the expression "Commission Regional of the environment of the Region" by "Commission established in article 86" or Evaluation Commission and the denomination "the Executive of the national environment Commission direction" by "the Executive Director of the environmental assessment service".
(b) Reemplazanse, third paragraph, the expressions "at this address" by "the Director of the service's environmental assessment" and "commissions regional of environment" by "Assessment fees".
(c) replace, in the fourth paragraph, the expression "the Commission Regional or national environment" by "The Evaluation Commission or the Executive Director of the service".
(d) add the following final paragraph: "the pronouncements of the organs of the administration of the State for environmental competition, shall be founded and formulated within the areas of their respective powers.".
(6) Incorporanse, then of article 9, the following articles 9 bis and 9 ter: "article 9 ° bis.-the Commission to which refers article 86 or the Executive Director, in his case, must approve or reject a project or activity subject to the environmental impact evaluation system only under the consolidated report evaluation what says relationship with the aspects regulated by current environmental legislation." In any case, the report shall contain, founded environmental pronouncements of agencies with jurisdiction that participated in the evaluation, the technical evaluation of the observations raised by the community and stakeholders, where appropriate, as well as the recommendation of approval or rejection of the project.
Non-conformance to stated in the preceding paragraph shall be deemed essential environmental qualification procedure Vice.
Article 9 ter-proponents of projects or activities, in their studies or environmental impact declarations, should describe the way in which such projects or activities relate to policies, plans and programmes on regional development, as well as community development plans.
The Commission referred to in article 86 must always request pronouncement to the respective Regional Government, as well as the municipalities of the area of influence of the project, in order that these indicate if the project or activity are associated with policies, plans, and regional development programmes and community development plans, respectively. "."
7) article 10: to) replace, in the letter g), the phrase "a referring the next letter" by "evaluated pursuant to paragraph 1 Bis".
((b) delete, in its letter h), the phrase "Regional plans of urban development, intercommunal plans, communal regulatory plans, sectional plans,", starting with a capital letter the word "project" that follows you, and eliminated, also the expression "to modify them or".
(((c) add the following letter r) replacing in the letter p) the comma (,) and the conjunction "and" is followed by a semicolon (;) and replacing the letter q) the apart dot (.), comma (,) followed by the conjunction 'and': 'r) projects of development, cultivation or exploitation, mining, agricultural, forest areas and living aquatic organisms genetically modified for the purpose of production and not confined areas using. The regulations may define a list of species of genetically modified organisms which, because of its proven low environmental risk, will be excluded from this requirement. The same rules shall lay down the procedure for declaring areas to be free of genetically modified organisms. "."
((8) replace the letter d) of article 11, by the following: "d) location in or close to populations, resources and protected areas and priority sites for conservation, protected wetlands and glaciers, likely to be affected, as well as the environmental value of the territory which seeks to locate.".
(9) Agreganse the following articles 11 bis and 11 ter: "article 11 bis-proponents not may, knowingly, split their projects or activities in order to vary the assessment tool or avoid entry into the environmental impact assessment system. Shall decide the Superintendence of the environment determine the breach of this obligation and require the proposer, previous report of environmental assessment service, to properly enter the system.
Shall not be stated in the preceding paragraph where the proposer certifying that the project or activity corresponds to one whose execution will be done by stages.
Article 11 ter-if you modify a project or activity, environmental qualification shall lie on such modification and not the project or existing activity, although the environmental assessment will consider the sum of the impacts caused by the modification and relevant project or existing activity for all legal purposes. "."
(((10) in article 12: a) replaced the letter b), with the following: "(b)) the description of the baseline, which must consider all projects that have resolution of environmental qualification, even when they are not operating.".
((b) added in the letter d), then of the semicolon (;), which happens to be followed dot (.), the following text: "(Cuando el proyecto deba presentar un Estudio de Impacto Ambiental por generar alguno de los efectos, características o circunstancias señaladas en la letra a) of article 11, and there were no primary standard of quality or broadcast in Chile or in States of reference that points to the regulation" , the proposer should be considered a specific chapter relating to the potential risks that the project could generate in people's health. "."
(11) add the following article 12 bis: "(Artículo 12 bis.-Las declaraciones de Impacto Ambiental considerarán las siguientes materias: a) a description of the project or activity;"
(b) the necessary background justifying the absence of those effects, characteristics or circumstances of article 11 that can give rise to the need for an environmental impact study;
((c) the applicable environmental regulatory indication, and the way in which will be fulfilled, and d) the indication of the applicable sectoral environmental permits, and history associated with the requirements and requirements for the respective pronouncement. "."
12) article 13: to) in the first paragraph: i) be inserted after the expression "Study" the expression "or statement".
(ii) replace the phrase "and the Regional or National Committee on the environment 'by', the environmental assessment service".
(iii) Insert, before the words ", where appropriate", the phrase "and the competent bodies of the State administration".
(b) replace, in the second paragraph, the words "General Secretariat of the Presidency" by "environment".
((c) Insert, in its letter b), then the expression "Studies" the words "and statements"; and replace the reference to articles "11 and 12", with "11, 12, 12 bis, 13 bis and 18", as appropriate."
((d) replace, in the letter c), the phrase "processing of environmental impact studies", "environmental impact assessment" and delete the phrase "in accordance with the following article".
(13) merge, following article 13 bis: "article 13 bis.-the proponents shall inform the environmental authority if they have established, prior to or during the evaluation process, negotiations with the interested parties in order to agree on measures of environmental mitigation or compensation. In the event such agreements exist, these are not binding for the environmental qualification of the project or activity. "."
(14) in article 14.
(a) replace, in the first paragraph, the word "previous" for figure "13".
((b) replace, in the letter b), the phrase "a study of environmental impact rating" by "environmental impact assessment".
((c) Insert, in the letter c), then the word "Studies" the phrase "and statements"; and replaced the expression "article 16" with "articles 16 and 19".
((d) add, in the letter e), then the word "Study" the words "or statement".
(15) incorporated the following article 14 bis: "article 14 bis.-the procedure of environmental impact assessment and administrative acts arising from it, may express themselves through electronic means, according to rules of law Nº 19.799 and its regulations, and as provided for in this article. Without limiting the foregoing, shall not be considered failures or omissions of licensee actions that failures of the electronic medium cannot run or accredit appropriately within the procedure, and must take appropriate measures for environmental assessment service to promptly solve such failures without prejudice for the holder.
Shall mean that the owner of a project accepts the use of electronic means in all actions of the procedure that affect him, since enter your Studio or declaration, unless specifically requested otherwise and techniques.
Remarks that if any organizations citizens and individuals who referred to in articles 28 and 30 bis, can be expressed through electronic means, in accordance with the General rules.
However, electronic means with respect to actions which by its nature or express legal provision should be made by other means will not be utilized. "."
(16) incorporate the following article 14 ter, new: "Article 14 ter-environmental impact assessment procedure will begin with a verification of rigorous project type and the way of evaluation to be followed, with the aim that there are no administrative errors in the process of admission of a project.".
((17) in article 15: to) replace, in the first paragraph, the expression "La Commission Regional or national of the environment" by "The Committee established in article 86 or Executive Director".
(b) delete the second paragraph, passing the final paragraph to be second.
(c) in the third subparagraph, which has become second, replacements to the expression "the Commission Regional or national environment" by "the Committee established in article 86 or Executive Director"; and the word "thirty" by "fifteen".
(d) add the following final paragraph: "when the environmental impact assessment relates to projects or activities that should be implemented urgently to meet critical needs of public calamities, as well as services that can not halted without serious damage to the country, evaluation period shall be reduced to half, ordering all the formalities proportionately to that new deadline. Qualification of urgency for the evaluation will be performed by the Executive Director at the request of the person concerned. The regulations shall determine the requirements, forms and conditions required for the application, approval and due publicity. "."
(18) add the following article 15 bis:
"Article 15 bis.-If the environmental impact study lacks information relevant or essential to their evaluation that could not be remedied through clarification, corrections or additions, Regional Director or Executive Director, thus declared invalid resolution established, ordering return record holder and ending the procedure.
The resolution referred to in the preceding subparagraph only may issue within forty days from the presentation of the respective environmental impact study. Expiry of this period, it shall be return or reject the study by causal indicated, and must complete its evaluation.
Agencies concerning the fourth of article 9 paragraph, must communicate, as soon required report to the Regional Director or the Executive Director if the studies submitted to the Court have shown the defect referred to in this article.
Against the decision rendered only you can deduct appeal within the period of five days from the respective notification. The resource must resolve within the time limit of twenty days. "."
19) article 16: to) Introducense, in the first paragraph, the following modifications: i) replaced the expression "the Commission Regional or national environment" by "the Committee established in article 86 or Executive Director".
(ii) replace the phrase "halt was agreed" by "suspendiéndo is full".
III) added the following final sentence, passing the current point apart (..) to be followed, "the proponent may request the extension of the term granted for each suspension up to twice.".
(b) replace, in the second paragraph, the word "above" the figure "15".
(20) repeal article 17.
((21) on article 18: to) replace, in its third paragraph, the expression "La Commission Regional or national of the environment" by "The Committee established in article 86 or Executive Director".
(b), replace the final paragraph by the following: "in the event that the Commission established in article 86 or the Executive Director, as appropriate, may not rule on an environmental impact statement because of the lack of any permits or sectoral environmental statement, shall be required to the Agency of the State responsible for that, within ten days of issue the respective permit or pronouncement. This expired, permission or missing pronouncement shall be granted fair. "."
(22) Agreganse following articles 18 bis, 18 ter and quater 18: "article 18 bis.-If the Declaration of environmental impact does not have information relevant or essential to their evaluation that could not be remedied by explanations, corrections or additions, or the respective project or activity requires an environmental impact study, as appropriate, thus declared invalid it founded resolution ordering return record holder and ending the procedure.
The resolution referred to in the preceding subparagraph only may issue within the first thirty days since the submission of the respective environmental impact statement. Expiry of this period, it shall be return or reject the Declaration by those reasons listed, and must complete its evaluation.
Against the decision rendered only you can deduct appeal within the period of five days from the respective notification. The resource must resolve within the period of twenty days.
Article 18 ter-holders, to submit an environmental impact statement, may include, at their cost, commitment to undergo a process of evaluation and certification of compliance, with respect to compliance with applicable environmental regulations and the conditions on which the project or activity is favorably qualify. In this case, that statement should be qualified within a maximum of thirty days, without prejudice to the provisions of the preceding article.
For these purposes, the Superintendence of the environment shall keep a register of accredited natural and legal persons, carrying out the evaluation and certification of compliance of the environmental rating resolutions. The regulations shall determine the requirements, conditions and procedures for its administration and operation.
Article 18 c.-If the owner of the project is a company that according to the law qualifies as smaller and must submit an environmental impact statement will commit to their cost, undergo a process of evaluation and certification of compliance, with respect to the enforcement of the environmental legislation applicable to the project or activity. En_este_caso, the Commission established in article 86 or the Executive Director, in his case, observe the following procedure: to) will verify if the project or activity requires an environmental impact study, within the period of 10 days from the presentation of the Declaration.
(b) in case of not requiring an environmental impact assessment, will proceed to the registration of the Declaration, provided that the project is located in an area governed by existing planning instruments and does not generate environmental burdens.
(c) if the project or activity is located in an area not regulated by existing planning instruments and generates no pollution, it opens a period of citizen participation, which will be mentioned at a special hearing at least to three citizen with existing legal organizations, whose legal domicile is in those communes in which the project or activity will be located. This period shall not extend more than 10 days, and must get up a certificate by a Minister of faith where stating the commitments with the community. After this stage, will proceed to registration.
(d) the registration will consist of the annotation of the project or activity, which should be the place of installation, the characterization of the activity, time of execution of the works and the project, indicators of compliance with the certification of conformity and commitments made by the proponent with the community.
(e) made the record a copy of the Declaration, which will contain the observations of citizenship, when appropriate, will be endorsed by the environmental assessment service and will make the times of resolution of environmental qualification for all legal purposes. "."
23) article 19: a) in the first paragraph: i) replaced the expression "the Commission Regional or national environment" by "the Committee established in article 86 or Executive Director".
(ii) replace the phrase "halt was agreed" by "suspendiéndo is full".
III) add the following final sentence, passing the current point apart (..), to be followed, "the proponent may request the extension of the term granted for each suspension up to twice.".
(b) replace, in the second paragraph, the expression "The President from the Commission" by "The Regional Director or the Executive Director, in his case,".
(c) add, in the third paragraph, then of the phrase "If the respective project or activity requires an environmental impact study", the following: "or when compliance with applicable environmental regulations is not shown".
(d) replace, in the final paragraph, the phrase "the Commission Regional or national environment" by "the Committee established in article 86 or Executive Director".
(24) added the following article 19 bis: "article 19 bis.-after the deadlines referred to in articles 15, 18 and 18 ter unless the Commission established in article 86 or the Executive Director may have ruled on a study or environmental impact statement, and fulfilled the requirements of article 64 of law No. 19.880, on basis of administrative procedures" said study or statement, with its clarifications, corrections or additions, if any, shall be considered approved.
The certificate issuing Regional Director or Executive Director if you configured the situation referred to in the foregoing paragraph, in addition to specifying that the study or environmental impact statement was not evaluated within the legal deadline, bears the document which bears the approval referred to in this article. "."
((25) in article 20: to) replace the first paragraph with the following: "article 20.-against the decision denying place, reject or set conditions or requirements to one environmental impact statement, will proceed the claim before the Executive Director." Against the resolution that rejects or establish conditions or requirements to an environmental impact study will proceed the claim before a Committee composed of the Ministers of the environment, which will preside it, and the Ministers of health; Economy, development and reconstruction; of agriculture; Energy, and mining. These resources must be brought by the person in charge of the respective project, within the period of thirty days from the notification of the decision appealed against. The competent authority shall, by decision established, in a fatal term of thirty or sixty days counted from the filing of the appeal, depending on whether a declaration or an environmental impact study. "."
(b) Agreganse, the following second and third subparagraphs, passing the current order consecutively:
"In order to resolve complaints referred to in subsection, the Executive Director and the Committee of Ministers request to third parties, accredited technical qualification in the areas concerned, an independent report in order to properly illustrate the decision. The regulation will establish how Select Committee and the conditions that will need to adjust the report request.
In the case of environmental impact studies, the Committee of Ministers shall request always report sectoral agencies who have participated in the environmental assessment. "."
(c) replace, in the current second paragraph which became, the phrase "competent judge of letters" by "Environmental Tribunal".
(d) delete, in the final paragraph, the words "to a declaration" and add after the word "Study" the expression "or statement".
((26) in article 21: to) replace, in the first paragraph, the phrase "If an environmental impact statement is declared inadmissible or rejected an environmental impact study" by "if it rejects a statement or environmental impact study".
(b) merge, the following second paragraph: "However, new income not may materialize until that is resolved the appeal of claim referred to in subsection first of article 20 of this law, or has become enforceable ruling to rule on the claims established in the fourth subparagraph of the same article.".
(27) replace, in the second paragraph of article 22, the phrase "of the respective Committee of the environment" by "in the service of evaluation environmental".
(28) repealed article 23.
(29) in article 24, agreganse following paragraphs fourth, fifth and sixth: "agencies of the State with the corresponding grant or pronounce on sectoral environmental permits referred to in this law, shall inform the Superintendence of the environment every time you requested any of them, indicating if you have attached or not a resolution of environmental qualification and background enabling identification of the project or activity and identify its holder."
In cases that the Superintendent detects that a sectoral environmental permit application rests on a project or activity that according to this law must be subject to an environmental impact assessment and which does not have the respective resolution of approving environmental rating, it shall inform the sectoral agency that appropriate, which shall not grant permission or authorization insofar as the fulfilment of this requirement is not accredited informing environmental assessment service.
The owner of the project or activity, during the phase of construction and execution thereof, should be strictly to the content of the resolution of respective environmental rating. "."
((30) in article 25: to) add the following second paragraph, becoming the current second third: "conditions or environmental requirements set forth in the preceding paragraph shall respond to technical criteria requested by the public services that had participated in the evaluation process.".
(b) replace, in the second paragraph, which happened to be third, the sentence "article 64 of this law" by "the law that creates the Superintendence of the environment".
(31) Agreganse following articles 25 bis, 25 ter and 25 quater, 25 d 25 sexies: "article 25 bis.-municipal works addresses not may grant final acceptance if the projects or activities referred to in article 10 not credited to have obtained a resolution of favourable environmental rating.
Article 25 ter-resolution favorably qualifying a project or activity will expire when more than five years have elapsed without that starts the execution of the project or authorized activity, from its notification.
The regulations shall specify the efforts, acts or minimal tasks which, according to the type of project or activity, will allow to see the beginning of the execution of the same.
Article 25 quater.-resolution qualifying favorably the study or environmental impact statement must be notified to the proponent, informed to the Superintendency of environmental, community and all agencies who have participated in the environmental qualification process.
The Superintendence of the environment shall administer a public registry of environmental rating resolutions which identifies project, its geographic location, the date of granting, holder, the objective and its State. Such registration shall keep updated on the web site of the Superintendency Semiannually, and holders of projects report regularly on the State of the same. A regulation will determine the contents of the registry, forms and deadlines under which will be updated.
Article 25 d-the resolution of environmental qualification may be reviewed, exceptionally, ex officio or at the request of the holder or of the directly affected when running the project, the variables evaluated and referred to in the monitoring plan on which were laid down conditions or measures, have varied substantially in relation to the projected or have not been verified, all this in order to take appropriate measures to correct these situations.
This purpose is must instruct an administrative procedure that starts with the notification to the holder of the concurrence of the requirements and consider hearing the party concerned, the request for report to sectoral agencies who participated in the evaluation and the public information process, in accordance with stated in law No. 19.880.
The administrative act that the review may be claimed in accordance with in article 20.
Article 25 sexies.-when a resolution of environmental qualification is modified by one or more resolutions, ex officio or at the request of the proposer, service may establish the revised, coordinated and systematized the resolution text. In exercise of this power, may introduce changes so that they are indispensable, without altering, under any circumstances, its true meaning and scope. "."
((32) in article 26: to) replace the term "the regional commissions and the National Commission for the environment" by "Evaluation committees or the Executive Director".
(b) delete the word "organized".
(c) replace the phrase "presenting them", by "and statements when they correspond".
((33) move article 27 below article 28, with the following amendments: to) replace the expression "article 27-" by "article 28.".
(b) replace the word "previous" figure "26" and the expression "the respective Commission" by "the Committee established in article 86 or Executive Director".
(c) add, the following third paragraph: "in the event that the environmental impact study had been subject to clarifications, corrections and additions substantially affecting the environmental impacts of the project in accordance with article 29, the person concerned shall be published under the same conditions provided for in the preceding paragraphs, Dante individualized clearly content clarifications, corrections and extensions.".
((34) move article 28 following article 26, with the following amendments: to) replace the expression "article 28-" by "article 27-".
(b) replace the phrase 'citizen organizations with legal personality, through their representatives, and individuals directly affected, may' by 'any person, natural or legal, may'.
(c) Reemplazanse the expression "Commission" by the phrase "the service of environmental assessment"; and the word "study" by "project", the first time that it appears.
(d) delete the phrase "a referred to in the study".
((35) on article 29: to) replace, in the first subparagraph, the phrase 'citizen organizations and natural persons referred to in the preceding article may' by 'any person, natural or legal, may'.
(b) add the following second paragraph, passing the following ordered consecutively: "If during the assessment procedure environmental impact study had been subject to clarifications, corrections or additions that substantially affect the project, the competent body shall open a new era of citizen participation, this time by thirty days, period in which will be suspended full processing of the environmental impact study." The regulation shall specify what kind of clarifications, corrections, or additions, according to the type of project or activity, will be considered as substantive amendments to projects. "."
(c) Reemplazanse second and third paragraphs, that they have gone to third and fourth, by the following: "environmental assessment service will consider the comments as part of the qualification process and must take care of these, founded in answer to all of them in its resolution. This statement must be available on the website of the service with at least five days prior to the qualification of the project.
Any natural or legal person whose observations referred to in the preceding subparagraphs have not been duly considered in the foundations of the resolution of environmental qualification established in article 24, may submit a claim in accordance with the designated resource in article 20, which will not suspend the effects of the decision. "."
((36) in article 30: to) replace, in the first paragraph, the phrase "Las commissions regional or the National Commission of the environment" by "The committees of assessment or the Executive Director".
(b) add the following third paragraph: "in the event that the environmental impact statement had been subject to clarifications, corrections and additions according to stated in article 30 bis, the proposer shall be published under the same conditions provided for in article 28, and must individualized clearly content clarifications, corrections and extensions.".
(37) Incorporanse the following article 30 bis and 30 ter: "article 30 bis.-the regional bureaux or the Executive Director, as appropriate, may issue the realization of a public participation process for a period of twenty days, in the environmental impact declarations submitted to evaluation and refer to projects that generate environmental loads for nearby communities. All this provided that ten directly affected individuals so request at least two citizen organizations with legal personality, through their representatives, or at least. This request must be made in writing and filed within the term of 10 days, counted from the publication in the official journal of the project submitted to the environmental impact statement in question.
If during the procedure of evaluation of the environmental impact statement, this had been subject to clarifications, corrections or additions that substantially affect the environmental impacts of the project, the competent body shall open a new era of citizen participation, this time for ten days, period in which will be suspended full processing of the environmental impact statement. The regulation shall specify what kind of clarifications, corrections, or additions, according to the type of project or activity, will be considered as substantive amendments to projects.
For projects subject to assessment in accordance with the provisions of article 18 ter, the deadline for the implementation of the public participation process will be of ten days.
Environmental assessment service will consider the comments as part of the qualification process and must take care of these, founded in answer to all of them in its resolution. This statement must be available on the website of the service with at least five days prior to the qualification of the project.
Any natural or legal person whose observations have not been duly considered in the foundations of the resolution of environmental qualification established in article 24, may submit a claim in accordance with the designated resource in article 20, which will not suspend the effects of the decision.
For the purposes of this article, means causing environmental burdens those projects that generate social benefits and causing negative environmental externalities into nearby towns during its construction or operation.
Citizen participation comprises the rights to access and meet the physical or electronic record of the evaluation, comments and have founded answer from them.
Article 30 ter-without prejudice as provided in articles 28 and 30, proponents must announce by notices at its expense, in local broadcasting media, the presentation of the study or statement, the place where the history of these and the term are available for observations. The regulation shall establish the content of the ads, the way to prove the authority issue and the term in which they must be issued.
However, proponents may apply to the Regional Director or Executive of the environmental assessment service, as appropriate, replace the broadcasting process with another of similar scope, in those cases where this is extremely expensive, or when it is not possible to do so for technical reasons, whereupon the authority shall respond by founded resolution. "."
((38) in article 31: to) replacements the expression "The respective Committee" by "The Committee established in article 86 or the Executive Director, in his case," and the figure "27" by "28".
(b) add, before point part (.) the final phrase: "and ensure the participation of the community".
(39) interlayer, then Article 31, the following paragraph 3 bis: "paragraph 3 bis of the access to information environmental article 31 bis.-everyone has the right of access to the environmental information that is held by the Administration, in accordance with stated in the political Constitution of the Republic and the Act No. 20.285 on access to public information."
Environmental information all that means written, visual, sound, electronic or recorded unavailable in any other form that is held by the Administration and to be on the following issues: to) the State of elements of the environment, as air and atmosphere, water, soil, landscapes, protected areas, biological diversity and its components including a genetically modified; and the interaction among these elements.
(b) factors, such as substances, energy, noise, radiation or waste, including radioactive waste, emissions, discharges and other releases into the environment, affecting or likely to affect the elements of the environment referred to in the previous number.
((c) administrative acts relating to environmental matters, or that they affect or may affect the elements and factors referred to in letters a) and b), and the policies, standards, plans, programs, which serve as them unfounded.
(d) reports of compliance with environmental legislation.
e) analyses economic, social, as well as other studies used in decision-making concerning administrative acts and its foundations, referred to in point (c)).
(((f) the State of health and safety, conditions of human life, cultural assets, when they are or may be affected by the State of the elements of the environment cited in the letter a) or by any of the factors and measures identified in the letters b) and (c)).
(g) other information which see on environment or about the elements, components and concepts defined in article 2 of the law.
Article 31 ter.-the Ministry of the environment shall administer a national system of environmental information, broken down regionally, which shall indicate: a) the texts of treaties, conventions and international agreements, as well as the laws, regulations and other administrative environmental or related acts.
b) reports on the State of the environment, mentioned in the letter n) of article 70.
(c) data or summaries of the reports referred to in the previous number, derived from the monitoring of activities which affect or may affect the environment.
(d) the administrative authorizations associated with activities that may have a significant effect on the environment, or in their absence the accurate indication of the authority that such information is available.
(e) the list of authorities which have environmental content information and which should be publicly accessible.
(f) the opinions of the Office of the Comptroller-General relapsed in environmental matters.
(g) the final judgments of the courts of Justice relapses in trials of environmental recovery.
(h) any other decision or emanating general decision of authority issued in environmental matters.
Article 31 quater.-any person who considers injured in his right of access to environmental information, may have recourse to the competent authority, in accordance with the law No. 20.285, on access to public information. "."
((40) in article 32: to) Reemplazanse, first and second subparagraphs, the words "Secretary-General of the Presidency" by "of the environment", which appears two times.
(b) add, in the first paragraph, the following paragraph final, passing the point apart (..) to be followed: "The Ministry of health may request founded the Ministry of the environment the enactment of a primary quality standard, which shall be given within a period that does not exceed five years, unless within such period indicate the technical reasons for not hosting the application.".
(c) Reemplazanse, in the fourth paragraph, the words "the National Commission of the environment" by "the Ministry of the environment".
(d) replace, in the final paragraph, the phrase "the National Commission for the environment" by "to the Ministry of the environment".
(41) in article 33, replace the phrase "the competent bodies of the State develop" by "the Ministry of the environment will manage the information of the".
(42) added in the subparagraph first of article 34, the following final sentence: "the Administration and supervision of the national system of State protected Areas will correspond to the biodiversity and Protected Areas service.".
(43) be replaced with the second paragraph of article 35, the following: "the supervision of these wilderness areas will correspond to the biodiversity and Protected Areas service.".
(44) in article 36, paragraph first, insert between the expressions "lagoons", and "reservoirs" the word "glacial,".
(45) replacing article 37, by the following: ' article 37.-the regulation shall determine the procedure to classify the species of plants, algae, fungi and wild animals, on the basis of scientific and technical history, and according to their State of conservation, in the categories recommended for such purposes by the International Union for the conservation of nature (IUCN) or another international agency issued guidelines on these matters. "
According to these classifications, the Ministry of the environment must approve plans for recovery, conservation and management of these species. The regulation will define the procedure, the public information system and the content of each one of them. "."
((46) in article 38: to) replace in the first paragraph, the phrase "the competent State agencies draw up and maintain" by "The Ministry of the environment shall ensure that the competent State agencies develop and maintain";
((b) replaced the expression "flora and fauna" by "plants, algae, fungi and wild animals",) and (c) delete the second paragraph.
47) article 40: to) in the first paragraph: i) added, following the comma (,) that follows the word "Supreme" the following sentence: "that will take the signatures of the Minister of the environment and the Minister responsible according to the matter in question,".
(ii) delete the paragraph located below the followed period (.) that becomes a point apart.
((b) in the second paragraph: i) replace the phrase "to the National Commission for the environment" by "to the Ministry of the environment".
(ii) add, at the end of the paragraph, after the word "apply", the following sentence ", being able to use the best available techniques, as a criterion for determining the values or parameters required by the standard, where appropriate.".
(48) replace, in article 41, the phrase "endangered, vulnerable, rare or insufficiently known", by "classified pursuant to article 37".
((49) in article 42: to) added paragraph first, then from the article "The", the following phrase: "Ministry of the environment jointly with the", and replace the phrase "in accordance with the regulations", by "where appropriate".
((b) replace in subparagraph c) the phrase "in danger of extinction, vulnerable, rare or insufficiently known" by "classified pursuant to article 37".
((50) on article 43: to) replace, in the first paragraph, the phrase "General Secretary of the Presidency" by "environment".
(b) Agreganse the following second and third paragraphs becoming the current second final paragraph: "by Supreme Decree, which will carry the signature of the Minister of the environment, health or sectoral Minister, as appropriate, the Declaration of saturated or latent area, will be left without effect when the conditions that made it from are not met.
The Supreme Decree referred to in the foregoing paragraph invalidates the respective measures of the decontamination plan and, or prevention, and may, in the first case, maintain current restrictions on emissions from responsible sources referred to in the letter f) article 45 and measures to prevent critical episodes of pollution, for a period not exceeding two years from the repeal of the plan , with the sole purpose of permitting the enactment of the prevention plan. "."
(c) replacements, in the second paragraph, which has become final, the expressions "Regional Commission of the" by "Ministerial Regional Secretariat of" and "National Commission of the" by "of the Ministry of the".
((51) in article 44: to) Reemplazanse, first paragraph, the words "Secretaría General de la Presidencia" by "of the environment".
(b) replacements, in the second paragraph, the words "the National Commission of the" by "to the Ministry of the"; and the phrase "Regional Committee" by "Ministerial Regional Secretariat".
(52) in article 46, replace the phrase "of the respective Regional Committee of the environment, or the National Commission for the environment" If the plan covers areas in different regions by "the Superintendence of the environment".
(53) added, then of article 48, the following article 48 bis: "article 48 bis.-the administrative acts issued by the ministries or services for the execution or implementation of standards of quality, emission and plans for prevention or decontamination, set out in such instruments, must have always report in advance of the Ministry of the environment.".
(54) replace, in the first paragraph of article 50, the phrase "judge of competent, in accordance with the provisions of articles 60 and following letters,", "Environmental Tribunal".
(55) in article 53, add the following second paragraph: "Shall be the action for the reparation of environmental damage when who committed the damage ran successfully a repair plan approved by the Superintendency of environmental.".
(56) repeal articles 56, 57, 58 and 59.
(57) replaced article 60, by the following: ' article 60.-shall be competent to understand the causes that promote for violation of this law, the environmental court, in accordance with the procedural rules laid down in the Act establishing it. ".
(58) repeal articles 61 and 62.
(59) replace article 64, with the following: "article 64.-the control of the permanent fulfillment of the rules and conditions on the basis of which have been approved or accepted studies and statements of environmental impact, measures and instruments that establish plans for prevention and decontamination, quality and emissions standards, as well as management plans established in the present law" , when they apply, will be carried out by the Superintendence of the environment in accordance to what the law. "."
((60) in article 65: a) replacements, in the first paragraph, the phrase "the competent supervisory body" by "of the Superintendence of the environment", and the word "it" by "this".
((b) in the second paragraph: i) the phrase "to the supervisory body" shall be replaced by "to the Superintendence of the environment".
(ii) replacements the words "Regional Commission of the" by "Ministerial Regional Secretariat of".
(iii) replace the phrase "of the Ministry of which depend on or through which relates the corresponding agency with the President of the Republic" by "of the Ministry of the environment".
((61) in article 66: to) replace the phrase "the National Commission of the", by "the Ministry of the".
(b) Insert the locution ", sustainable development" between the word "ambient" and the phrase ", the preservation of nature".
(62) in the first subparagraph of article 67, replace the phrase "Executive Director of the National Commission of the" by "Undersecretary of"; and the phrase "by the Board of Directors of the Commission" shall be replaced by "to the effect".
(63) replace the title end with the following: "FINAL title of the Ministry of the environment paragraph 1º nature and functions article 69.-create the Ministry of the environment, as a Secretary of State charged with collaborating with the President of the Republic in the design and implementation of policies, plans and programmes on environmental matters, as well as in the protection and conservation of biological diversity and natural renewable and water resources" promoting sustainable development, the integrity of the environmental policy and its normative regulation.
Article 70.-Correspondera especially to the Ministry: to) propose environmental policies and report regularly on their progress and compliance.
(b) propose policies, plans, programs, standards and oversee the national system of State protected Areas, including parks and marine reserves as well as the sanctuaries of nature, and oversee the management of the protected areas of private property.
(c) propose policies, plans, programs, standards and oversee the coastal marine areas protected multiple uses.
d) ensure compliance with the international conventions to which Chile is party on environmental matters, and exercise the quality of administrative, scientific, or technical counterpart of such conventions, without prejudice to the powers of the Ministry of Foreign Affairs.
When the above-mentioned conventions contain besides the environmental subjects, other sectoral competition, the Ministry of the environment should integrate these sectors within the administrative, scientific, or technical counterpart of the same.
(e) collaborate with the sectoral ministries in the formulation of the environmental criteria should be incorporated in the preparation of their plans and policies, strategic environmental assessments and planning processes, as well as their dependent and related services.
(f) cooperate with the competent bodies, in the formulation of environmental policies for the management, use and sustainable use of natural renewable and water resources.
(g) propose policies and to formulate policies, plans and programmes in the field of waste and contaminated soils, as well as the risk assessment of chemicals, genetically modified organisms and other substances that could affect the environment, without prejudice to the powers of other public bodies in the health field.
(h) propose policies and formulating plans, programmes and plans of action on climate change. In exercise of this jurisdiction shall collaborate with the different organs of the State administration at the national, regional and local level in order to be able to determine its effects, as well as the establishment of the necessary measures of adaptation and mitigation. (i) propose policies and formulate plans, programs and actions that establish the basic criteria and measures to promote the recovery and conservation of water, genetic resources, flora, fauna, habitats, landscapes, ecosystems and natural areas, especially in the fragile and degraded, contributing to the fulfilment of international agreements for the conservation of biodiversity.
(j) develop and implement studies and programmes for research, protection and conservation of biodiversity, as well as manage and update a database on biodiversity.
(k) develop the necessary studies and compile all the information available to determine the environmental baseline in the country, preparing environmental accounts, including environmental liabilities, and assets and the carrying capacity of the different environmental basins of the country.
(l) participate in the development of sectoral environmental budgets, promoting their consistency with the national environmental policy. In exercise of this power, management indicators associated with budgets it may be fixed by common agreement with the sectoral Ministry. To that end there must be with the approval of the budget address.
(m) cooperate with the competent authorities at national, regional and local level in the preparation, approval and development of programs of education, advocacy and environmental diffusion, oriented to the creation of a national awareness of the protection of the environment, sustainable development, the preservation of nature and conservation of the environmental heritage, and to promote responsible citizen participation in these matters.
n) coordinate the process of generation of standards of environmental quality, emission and prevention plans and, or decontamination, determining its compliance programs.
n) reporting every four years on the State of the environment at the national, regional and local level. However, once a year shall issue a report established on the situation of the environment at the national and regional levels.
These reports will include data on the quality of the environment, as well as an executive summary that is understandable for the public in general.
(o) administratively interpret the standards of environmental quality and emissions, prevention schemes and, or decontamination, prior report of the bodies with competence in the specific field and the Superintendency of environmental.
The Ministry of the environment may require the heads of services and agencies with competence in environmental matters, reports on the criteria used by the respective sectoral agency in the application of the rules and plans outlined in the previous paragraph, as well as doubts or difficulties of interpretation which have been raised and deviations or distortions that have been detected.
The Ministry may, in addition, uniform criteria for application and clarify the meaning and scope of environmental quality and emissions standards, if you notice discrepancies or errors of interpretation.
(p) manage a registry of releases and transfers of pollutants in which will be registered and systematize, by source or group of sources of a same establishment, nature, flow and concentration of emissions of pollutants that are object of an emission standard, and the nature, volume and destination of solid waste generated pointing the regulation.
Equally, in cases and manner established the regulations, registration will systematize and body type, flow and concentration total and by type of source, emissions that are not matters of current emission standards. For this purpose, the Ministry will require services and Government agencies that corresponds, general information on productive activities, raw materials, production processes, technology, production volumes and any other available and useful for the purposes of estimation. Estimated emissions referred to in this subsection shall be innominate and indicate the methodology used modelling.
q) establish a system of public information on the compliance and enforcement of the environmental rules of existing general character, including a comprehensive and up-to-date cadastre of such regulations, which shall be open and available by electronic means.
(r) establishing cooperation agreements with municipalities and regional Governments intended to adopt the necessary measures to ensure the integrity, maintenance and repair of the regional and local environment, as well as environmental education and citizen participation. When these conventions provide for transfer of resources, they must have the authorization of the Ministry of finance.
(s) involved in the procedure for strategic environmental assessment of policies and plans that promote the various organs of the Administration in accordance with the designated under this Act.
(t) to generate and collect accurate technical and scientific information for the prevention of pollution and environmental quality, in particular as regards to technologies, production, management and transfers of waste, air pollution and the environmental impact.
(u) manage the programs of monitoring quality of air, water and soil, provided by competent bodies, when appropriate.
(v) financing projects and activities aimed at the protection of the environment, sustainable development, the preservation of nature, conservation of environmental heritage, environmental education and citizen participation.
(w) to conduct and promote training and technical updates to government officials in matters related to the tasks entrusted to the Ministry, which also may be granted to individuals.
x) create and preside over committees and operating subcommittees made up of representatives of ministries, services and other relevant agencies to study, consultation, analysis, communication and coordination in certain matters relating to the environment.
and) encourage and facilitate the participation citizen in the formulation of policies and plans, standards and quality of issuance, in the process of strategic environmental assessment of policies and plans of the sectoral ministries.
(z) assume all other functions and powers entrusted by the law.
Paragraph 2 of the Council of Ministers for the sustainability, nature and functions article 71.-create the Council of Ministers for sustainability, chaired by the Minister of the environment and integrated by the Ministers of agriculture; Finance; of health; Economy, development and reconstruction; of energy; Public works; of housing and urban development; Transport and telecommunications; Mining, and planning.
In case of absence or impediment of the President, it will be replaced by the Minister that corresponds according to the order established in the preceding paragraph.
Functions and powers of the Council: to) propose to the President of the Republic the policies for management, use and exploitation of renewable natural resources sustainable.
(b) to propose to the President of the Republic the sustainability criteria should be incorporated in the development of policies and planning of the ministries, as well as their dependent and related services.
(c) propose to the President of the Republic, the creation of the Protected Areas of the State, which includes parks and marine reserves as well as the sanctuaries of nature and of the coastal marine areas protected multiple uses.
(d) propose to the President of the Republic the sectoral policies that should be subject to strategic environmental assessment.
(e) decide on the criteria and mechanisms under which participation in the environmental impact declarations, referred to in article 26 of the law Nº 19,300, on Bases General of the environment must be carried out.
f) opinion on the draft law and administrative actions that are proposed to the President of the Republic, whatever the Ministry's source, containing rules of environmental character referred to in article 70.
Article 72.-Council of Ministers for sustainability shall hold meetings when its President to convene it. The quorum for the transaction of business shall be of six directors and agreements shall be adopted by an absolute majority of the attendees. In the event of a tie, the vote of the President Minister will decide or who replaces him. The Council at its first session will determine standards for their operation. The Council should operate at least twice a year.
Article 73.-Council of Ministers for the sustainability can operate at the premises of the Ministry of the environment, which will provide the material means for its operation. The Council will be supported by an official of the Ministry of the environment, proposed by the Minister of the industry and approved by the Council, who shall act as Secretary of the corresponding rise of the respective meetings.
The agreements of the Council of Ministers for sustainability which should materialize through administrative acts which in accordance with the law must be enacted through a Secretary of State, will be issued through the Ministry of the environment.
The agreements of the Council of Ministers for sustainability will be mandatory for agencies of the administration of the State to which they are directed, incurring administrative responsibility of officials who do not comply to the same.
Paragraph 3 of the article 74.-the Organization Organization of the Ministry will be the following: to) the Minister of the environment.
(b) Deputy Assistant Secretary).
(c) the Ministerial regional secretariats of the environment.
d) the National Advisory Council and regional advisory councils.
A regulation will determine the distribution of thematic divisions of the Ministry, in accordance with stated in law No. 18.575, Organic Constitutional Bases General of the administration of the State, the revised, coordinated and streamlined text has been set by decree with force of law No. 1 of 2001, the Ministry General Secretariat of the Presidency, which shall at least contemplate the following matters : Environmental regulation; Information and environmental economics; Education, participation and Local management; Natural resources and biodiversity; Climate change and compliance with international conventions, and planning and management.
Article 75.-In every region of the country will be a Ministerial Regional Secretariat, dependent technically and administratively from the Ministry of the environment, and subject to the provisions of the law No. 19.175, organic constitutional Government and Regional Administration, the revised, coordinated and streamlined text was set by the decree with force of law No. 1 of 2005, the Ministry of the Interior.
You shall be responsible for, especially at the Ministerial regional secretariats, in one or more regions: to) exercise in appropriate competencies of the Ministry referred to in article 70.
(b) advise the Regional Government for the incorporation of environmental criteria in the elaboration of Regional development strategies and plans.
(c) collaborate with the respective municipalities in the field of environmental management.
Paragraph 4 of the Councils Advisory article 76.-There will be a Consultative Council of the Ministry of the environment chaired by the Minister of the environment and integrated by: to) two scientists, machine proposed by the Council of Rectors of the Chilean universities.
(b) two representatives of non-governmental non-profit organizations that have as their object the protection of the environment.
(c) two representatives of independent academic centers that study or deal with environmental matters.
(d) two representatives of entrepreneurship, proposed in machine by the business organization in greater representativity in the country.
(e) two representatives of the workers, machine proposed by the Trade Union of greater representativity in the country.
(f) a representative of the President of the Republic.
The directors shall be appointed by the President of the Republic for a period of two years, which may be extended only once. A rules shall lay down the functioning of the Council.
Article 77.-Shall be responsible for the Advisory Council answer queries that ask you the Ministry of the environment and the Council of Ministers for sustainability, issue opinions on the draft law and Supreme decrees that set standards of environmental quality, nature conservation and environmental preservation, plans for prevention and decontamination, special regulations of emissions and emission standards which are subjected them to their knowledge. You can also decide, ex officio, on environmental topics of general interest and exercise all other functions entrusted by the Ministry and the law.
Article 78.-in every region of the country, there will be a Council consultative Regional Environment, composed of: to) two scientists.
(b) two representatives of non-governmental non-profit organizations which have as their object the protection or the environment study.
(c) two representatives of the business community.
(d) two representatives of the workers.
(e) a representative of the Minister of the environment.
Directors shall be appointed by the Mayor to the proposition of the Secretary Regional Ministerial of the environment, after consultation with the respective organizations or trade unions most representative of the region. With respect to scientists, these will be proposed by universities or professional institutes established in the region, if not any, freely appoint them to the Regional Governor. Counselors will last in their functions for a period of two years, which may be extended only once. A regulation will establish the functioning of these councils.
The Regional Advisory Council shall acquit queries to the intendant, the Regional Government and the Ministerial Regional Secretary of the environment means formulate you that. You can also decide, ex officio, on environmental topics of general interest and exercise all other functions entrusted by the Ministry and the law.
Paragraph 5 of article staff 79.-the staff of the Ministry shall be fond of the provisions of the decree with force of law No. 29, 2005 of the Ministry of finance, which sets the text revised, coordinated and systematized law No. 18.834, administrative status, and in terms of remuneration, the rules of Decree-Law Nº 249, 1974, and its complementary legislation.
Paragraph 6 of the environmental assessment service article 80.-create the service of environmental assessment as a functionally decentralized public service with legal personality and own patrimony, and subject to the supervision of the President of the Republic through the Ministry of the environment.
Its domicile is the city of Santiago and is territorially deconcentrated in accordance to stated in this law.
The service will be fond of the system high address public established in law No. 19.882.
Article 81.-Correspondera service: to) the administration of the environmental impact assessment system.
(b) administer a system of information on permits and approvals of environmental content, which must be open to the public on the web site of the service.
(c) manage information system of lines of bases of projects subjected to the environmental impact of public access and geo-referenced evaluation system.
(d) standardize the criteria, requirements, conditions, history, certificates, procedures, technical requirements and environmental procedures that establish the ministries and other bodies of the State, through the establishment, among others, procedure guides.
(e) to propose simplification of formalities for the processes of assessment or environmental permits.
(f) administer a public register of consultants certified to carry out environmental impact studies which must contain at least the name or business name, in case of legal persons their legal representative, address, and information relating to their areas of specialty or statements. Such registration will be informative and the regulation will define its form of administration.
(g) the environmental rating resolutions, administratively interpret prior report of the bodies with competence in the specific who participated in the evaluation, the Ministry and the Superintendence of the environment, as appropriate.
When the instrument referred to in the foregoing paragraph contains aspects regulated subject to the powers of administrative interpretation of the respective sectoral body, the requested report will have binding character for the Ministry in relation to that matter.
(h) to promote and facilitate citizen participation in the evaluation of projects, in conformity with stated in the law.
Article 82.-The Administration and senior management of the service will be headed by an Executive Director, who will be the top boss of the service and their legal representation.
Article 83.-Corresponderan the Executive Director the following functions: to) the senior management of the service.
(b) require the State agencies information and records as it deems necessary and that are unrelated to their respective areas of competence.
(c) designate and hiring, and put an end to its services.
(d) hold conventions and perform the acts necessary for the fulfilment of the purposes of the service.
(e) in exercise of his functions, acquire and manage collateral as well as celebrate the acts or contracts that are necessary for such compliance.
(f) to know the remedy of complaint in accordance with stated in article 20 of this law.
(g) delegate part of their functions and powers in officials of the service, except in the matters indicated in the letter.
(h) represent extrajudicial and judicial service and to confer power to lawyers authorized to exercise the profession, even when they are not officers of the service, with the faculties of both paragraphs of article 7, of the code of Civil procedure.
Article 84.-Environmental assessment service territorially deconcentrated through regional environmental assessment addresses.
In each region of the country, there will be a Regional Director, who will represent the service and shall be appointed by the Executive Director, through the system of high public address.
Article 85.-the heritage of the service will be formed by: a) the resources allocated annually in the national budget or other General or special laws.
(b) movable and immovable, personal or incorporeal, goods transferred him or purchase any title.
(c) the contributions of the international cooperation received for the fulfillment of its objectives, to any degree.
(d) the inheritances and legacies that will accept, what you should do with benefit of inventory. Inherited assignments will be exempt from all taxes and all liens or payment that affect them.
Article 86-Projects will be qualified by a Committee chaired by the Mayor and integrated by the Secretaries regional Ministry of the environment, health, economy, development and reconstruction, energy, public works, agriculture, housing and urban planning, transport and telecommunications, mining, and planning, and the Regional Service Director, who shall act as Secretary.
Regional environmental assessment addresses will form a technical committee comprised of the Secretary Regional Ministerial of the environment, who will chair it, and the Regional Director of environmental assessment, regional directors of public services which have competence in the field of the environment, including the corresponding maritime Governor, and the National Monuments Council. This Committee will prepare a report of evaluation of each project, which will be accessible to interested parties.
Article 87-Service staff are fond of the provisions of the decree with force of law No. 29, 2005 of the Ministry of finance, which sets the text revised, coordinated and systematized law No. 18.834, on administrative status and in terms of remuneration, the rules of Decree-Law Nº 249, 1974, and its complementary legislation.
Article 88.-All the periods established in this law shall be working days, provided that they are non-working days Saturday, Sunday and public holidays. "."