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INTRODUCES AMENDMENTS TO THE LAW N ° 18,695, CONSTITUTIONAL ORGANIC OF MUNICIPALITIES, IN RELATION TO THE SUBSOIL OF NATIONAL PUBLIC GOODS

Original Language Title: INTRODUCE MODIFICACIONES A LA LEY N° 18.695, ORGANICA CONSTITUCIONAL DE MUNICIPALIDADES, EN LO RELATIVO A SUBSUELO DE LOS BIENES NACIONALES DE USO PUBLICO

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INTRODUCES AMENDMENTS TO THE LAW N ° 18,695, CONSTITUTIONAL ORGANIC OF MUNICIPALITIES, REGARDING SUBSOIL OF NATIONAL PUBLIC GOODS Having present that the H. National Congress has given its approval to the following Bill: Article 1.-Introduces the following amendments to Law No 18,695, Constitutional Organics of Municipalities: 1.-Intercalase in Article 5 (c), between the words "public" and "existing" the phrase ", including its subsoil,". 2.- Interleave in Article 32 (1) first between the words "public" and "that" the expression ", including its subsoil, '. Article 2-Amending Law No 18,695, Constitutional Organics of Municipalities, incorporating the following new Article 32a: " Article 32a.-Concessions for the construction and exploitation of the subsoil shall be granted upon public tender and shall be transferable, assuming the acquirer of all the rights and obligations arising out of the concession contract. The transfer shall be approved by the respective Municipality in accordance with the terms set out in Article 58 (i) of this Law, within 30 days of receipt of the request. After that deadline, without the Municipality giving a decision, the transfer will be considered approved, which will be certified by the Municipal Secretary. The acquirer must meet all the requirements and conditions required of the first concessionaire, a circumstance that will be qualified by the Municipality when examining the approval referred to in the previous paragraph. The Municipality may refuse the transfer only if the said requirements and conditions are not met in the acquirer. The waters, mineral substances, materials or objects which appear as a result of the execution of the works, shall not be understood as being included in the concession, and their use by the concessionaire shall be governed by the rules applicable to them. Prior to the initiation of the works the concessionaire must submit the project to the system of environmental impact assessment, regulated in law N ° 19,300, on Bases of the Environment. The concessionaire may give the concession and its own assets for the holding of the concession. The Real Estate Conservatives shall keep a special register in which they shall register and record these concessions, their transfers and the guarantees referred to in the preceding paragraph. The concession will only be extinguished by the following grounds: 1.-Compliance with the period for which it was granted; 2.-Serious non-compliance with the obligations imposed on the concessionaire, and 3.-Mutual agreement between the Municipality and the concessionaire. " Article 3 °.-REPEALED. Transitional Article.-As long as the use of the subsoil of national public goods is not incorporated into the regulatory plans, the respective municipality may grant concessions on them in accordance with the provisions of Article 32a of the Law No. 18,695, after a favorable report by the Ministry of Housing and Urbanism, through the corresponding Ministerial Regional Secretariat. The report shall be deemed to be in favour if the 90 days requested has not been evacuated. Having complied with the provisions of Article 82 of the Constitution of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Mexico, and because I have had to approve and sanction it, I therefore promulgate and take effect as the Law of the Republic. Santiago, 15 November 1995.-EDUARDO FREI RUIZ-TAGLE, President of the Republic.-Carlos Figueroa Serrano, Minister of the Interior.-Edmundo Hermosilla Hermosilla, Minister of Housing and Urbanism.-Adriana Delpiano Puelma, Minister of Property National. What I transcribe to you for your knowledge.-Salute to Ud., Belisario Velasco Baraona, Under Secretary of the Interior. Constitutional Court Draft law that dictates norms and modifies the Constitutional Organic Law of Municipalities, regarding the use of the subsoil of national public goods, The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Senate sent the bill enunciated in the rubric, in order that this Tribunal exercised the control of constitutionality of its article 1 °, and that by judgment of October 31, 1995, it declared: 1. That the number 1, of the Article 1 of the draft submitted, is constitutional. 2. It is not for the Court to rule on the provision referred to in Article 1 (2) of the draft, for dealing with matters which are not of constitutional organic law. Santiago, November 6, 1995.-Rafael Larraín Cruz.