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LAW ON THE GENERAL BASES OF THE ENVIRONMENT

Original Language Title: APRUEBA LEY SOBRE BASES GENERALES DEL MEDIO AMBIENTE

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(i) the right to live in a free environment of the environment, bearing in mind the fact that the National Congress has given its approval to the following draft law: "TITLE I General provisions Article 1" pollution, environmental protection, the preservation of nature and the conservation of environmental heritage will be regulated by the provisions of this law, without prejudice to what other legal norms establish in this area. Article 2.-For all legal purposes, the following definitions shall apply: (a) Biodiversity or Biological Diversity: the variability of living organisms, which are part of all terrestrial and aquatic ecosystems. It includes diversity within the same species, between species and between ecosystems; (a) Biotechnology: any technological application which uses biological systems and living organisms or their derivatives for the creation or modification of (b) Climate change: a climate change attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to the natural variability of the climate observed during comparable time periods; b) Conservation of Environmental Heritage: the use and use of rational use or repair, where appropriate, of the components of the environment, in particular those of the country which are unique, scarce or representative, in order to ensure their permanence and their capacity to regeneration; (c) Pollution: the presence in the environment of substances, elements, energy or combination of substances, in concentrations or concentrations and stays above or below, as appropriate, those laid down in the legislation (d) Pollutant: any element, compound, substance, chemical or biological derivative, energy, radiation, vibration, noise, or a combination of them, whose presence in the environment, at certain levels, concentrations or periods of time, can constitute a risk to the health of the people, to the quality of life of the population, to the preservation of the nature or conservation of the environmental heritage; and) Environmental Damage: any loss, reduction, detriment or significant loss to the environment or to one or more of its components; f) Declaration of Impact Environmental: the descriptive document of an activity or project that is intended to be carried out, or modifications to be introduced, granted under oath by the respective holder, whose content allows the competent body to assess whether its environmental impact is in accordance with the current environmental standards; g) Sustainable development: the process of sustained and equitable improvement of the quality of life of people, based on appropriate conservation and environmental protection measures, in order not to compromise the expectations of future generations; permanent process of an interdisciplinary nature, intended for the formation of a citizenship that recognizes values, clarifies concepts and develops the skills and attitudes necessary for a harmonious coexistence between human beings, their culture and their surrounding bio-physical environment; h bis) Sinergic effect: the one that occurs When the joint effect of the simultaneous presence of several agents represents an environmental impact greater than the sum of the individual incidences contemplated in isolation; (i) Environmental Impact Study: the document describing in detail the characteristics of a project or activity intended to be carried out or its modification. It should provide a well-founded background for the prediction, identification and interpretation of its environmental impact and describe the actions it will implement to prevent or minimise its significantly adverse effects; Strategic Environmental Assessment: the procedure carried out by the respective Sectoral Ministry, so that environmental considerations of sustainable development are incorporated into the process of formulating policies and plans of character General regulations, which have an impact on the environment or sustainability, so that they are integrated into the dictates of the respective policy and plan, and their substantial modifications; j) Environmental Impact Assessment: the procedure, in charge of the Environmental Assessment Service, which, based on a Study or Declaration of Environmental impact, determines whether the environmental impact of an activity or project is in accordance with the current rules; k) Environmental impact: environmental change, caused directly or indirectly by a project or activity in an area (l) Baseline: the detailed description of the area of influence of a project or activity prior to its implementation; (ll) Environment: the global system consisting of natural and artificial natural elements, chemical or biological, sociocultural and their interactions, in permanent modification by human action or natural and that governs and conditions the existence and development of life in its multiple manifestations; m) Environment Free of Pollution: the one in which the pollutants are found in concentrations and periods inferior to those The most effective and most effective phase of the project is the most effective and advanced stage of the development of the population, the quality of life of the population, the preservation of nature or the conservation of environmental heritage; the development of the activities and their operating arrangements, which demonstrates the practical capacity of the certain techniques to prevent or reduce in general emissions and the impact on the environment and the health of persons. To this end, an assessment of the economic and social impact of their implementation, the costs and benefits, the use or production of them in the country, and the access, on reasonable terms, that the regulated may have to (n) Primary Standard of Environmental Quality: that which establishes the values of concentrations and periods, maximum or minimum permissible of elements, compounds, substances, chemical or biological derivatives, energies, radiations, vibration, noise or combination of these, whose presence or lack in the environment may constitute a (n) Environmental Quality Secondary Standard: a risk for the life or health of the population; the latter setting the values of concentrations and periods, maximum or minimum permissible levels of substances, elements, energy or combination of substances, the presence or lack in the environment may constitute a risk to the protection or conservation of the environment, or the preservation of nature; or) Emission rules: those which set the maximum permitted quantity for a pollutant measured in the effluent of the issuing source; p) Preservation of Nature: the set of policies, plans, programmes, rules and actions, designed to ensure the maintenance of the conditions that make possible the evolution and development of the species and ecosystems of the country; q) Protection of the Environment: the set of policies, plans, programmes, rules and actions aimed at improving the environment and preventing and controlling its deterioration; (r) Natural resources: the components of the environment which may be used by the human being to meet their needs or spiritual, cultural, social and economic interests; s) Reparation: the action of replenish the environment or one or more of its components to a quality similar to that which they had before the damage caused or, if not possible, to restore their basic properties; t) Latent zone: the one in which the measurement of the The concentration of pollutants in air, water or soil is between 80% and 100% of the value of the respective environmental quality standard, and (u) Saturated area: the one in which one or more environmental quality standards are exceeded. Article 3.-Without prejudice to the penalties laid down by the law, anyone who blames or dolously causes damage to the environment shall be obliged to repair it materially, at its cost, if possible, and to indemnify it in accordance with the law. Article 4.-It is the duty of the State to facilitate citizen participation, to allow access to environmental information and to promote educational campaigns aimed at protecting the environment. The organs of the State, in the exercise of their environmental powers and in the application of the instruments of environmental management, shall be responsible for the proper conservation, development and strengthening of the identity, languages, institutions and social and cultural traditions of indigenous peoples, communities and people, in accordance with the law and international conventions ratified by Chile and which are in force. Article 5.-Environmental protection measures which, in accordance with their powers, are to be carried out by the authorities may not impose arbitrary differences in terms of time limits or requirements. TITLE II Of the Environmental Management Instruments Paragraph 1 of Education and Research Article 6.-The educational process, at its various levels, through the transmission of knowledge and the teaching of modern concepts of protection The environment, oriented to the understanding and awareness of environmental problems, must incorporate the integration of values and the development of habits and behaviors that tend to prevent and solve them. Article 7.-The funds for scientific research, technological and social development that are assigned resources in the Law of the Nation's Budget, will be able to finance projects related to the environment, without prejudice to their specific aims. Paragraph 11a of the Strategic Environmental Assessment Article 7a.-Strategic environmental assessment shall be subject to general policy and policy plans and their substantial changes, which have an impact on the environment or the environment. The President of the Republic, on the proposal of the Council of Ministers, referred to in Article 71, decides. In any case, regional plans for territorial planning, inter-communal regulatory plans, communal regulatory plans and sectional plans, regional plans for urban development and regional planning should always be subject to strategic environmental assessment. (a) zoning of the coastal border, the maritime territory and the integrated management of basins or the instruments of territorial law that replace them or systematize them. In this situation the procedure and approval of the instrument will be carried out by the Ministry of Housing and Urbanism, the Regional Government or the Municipality or any other agency of the State Administration, respectively. The development of policies and plans should include the design and approval stages. In the design stage, the body that will dictate the policy or plan should consider the environmental objectives and effects of the instrument, as well as the criteria for sustainable development of the instrument. During this stage, other bodies of the State administration should be integrated into the subjects covered by the policy or plan, as well as other instruments related to them, in order to ensure the coordinated action of the institutions. public involved in projects affected by the policy or plan. In the case referred to in the second subparagraph, consideration should always be given to the instruments relating to road capacity drawn up by the competent authority. At the stage of approval, a preliminary draft policy or plan will have to be drawn up containing an environmental report, which will be submitted to the Environment Ministry for its observations, and then submitted for public consultation by the responsible body. Article 7b.-A regulation shall establish the procedure and time limits under which this type of assessment shall be carried out, which shall consider: (a) the basic aspects to be considered during the design stage, including the form of consultation and coordination of the State agencies which may be linked to the policy or plan under assessment; b) the detailed minimum content for the preparation of the Environmental Reports of policies or plans; public concerned, and (d) Form of advertising of the policy or plan, as well as its subsequent reformulation. This form of advertising should consider a massive, complete and didactic diffusion towards the affected and the community in general, regarding the contents, scope and effects of the policy or plan, as well as its subsequent reformulation. Article 7c.-The stage of approval of the policy or plan, will culminate with a resolution of the Sectoral Ministry, in which the process of elaboration of the policy or plan from its stage of design, the participation of the others will be pointed out State agencies, the public consultation carried out and the manner in which it has been considered, the content of the environmental report and the respective environmental and sustainable development considerations to be incorporated into the policy or plan for its implementation. (a) the criteria and indicators for monitoring the effectiveness of the plan or the monitoring of the policy, and the criteria and indicators of redesign to be considered for the reformulation of such a plan or policy in the medium or long term. Article 8 (2) of the Environmental Impact Assessment System.-The projects or activities referred to in Article 10 may only be implemented or modified after the assessment of their environmental impact, in accordance with this law. All permits or statements of an environmental nature, which according to the legislation in force must or may be issued by the agencies of the State, with respect to projects or activities submitted to the evaluation system, shall be granted through system, according to the rules of this paragraph and its regulations. Without prejudice to sectoral permits or pronouncements, the report of the Regional Government, the respective Municipality and the competent maritime authority, where appropriate, shall always be required on the territorial compatibility of the project. presented. Projects or activities submitted to the environmental impact assessment system shall always consider strategically assessed policies and plans, in accordance with the provisions of paragraph 11a of this Title. It will be for the Environmental Assessment Service, the administration of the environmental impact assessment system, as well as the coordination of the agencies of the State involved in it, for the purposes of obtaining the permits or statements referred to in the preceding paragraph. Article 9 °.-The holder of any project or activity within the meaning of Article 10 must present a Declaration of Environmental Impact or develop an Environmental Impact Study, as appropriate. Those not covered by this Article may voluntarily avail themselves of the system provided for in this paragraph. The Environmental Impact Statements or Environmental Impact Studies shall be submitted, in order to obtain the corresponding authorizations, before the Commission established in Article 86 or the Evaluation Commission in which the material works will be carried out. which provides for the project or activity prior to its implementation. In cases where the activity or project may cause environmental impacts in areas located in different regions, the Declarations or Environmental Impact Studies shall be submitted to the Executive Director of the Evaluation Service. Environmental. In the event of doubt, it shall be for the Director of the Environmental Assessment Service to determine whether the project or activity affects areas located in different regions, on its own initiative or at the request of one or more Evaluation Commissions or the project holder or activity. The process of reviewing the Environmental Impact Statements and the Environmental Impact Studies will consider the opinion of the bodies with environmental competence, in the subjects related to the respective project or activity, for which the Assessment Board or the Executive Director of the Service, where appropriate, shall require the relevant reports. The pronouncements of the organs of the State Administration with environmental competence, must be founded and formulated within the spheres of their respective competences. Article 9º bis.-The Commission referred to in Article 86 or the Executive Director shall, where appropriate, approve or reject a project or activity submitted to the Environmental Impact Assessment System only by virtue of the Consolidated Report Evaluation of what is related to the standard aspects of the environmental legislation in force. In any event, such a report shall contain, the sound environmental statements of the competent bodies involved in the assessment, the technical assessment of the observations submitted by the community and the interested parties, when corresponds, as well as the recommendation for approval or rejection of the project. Failure to comply with the above provisions shall be deemed to be essential for the environmental assessment procedure. Article 9º.-Proposers of projects or activities, in their Environmental Impact Studies or Declarations, should describe how such projects or activities relate to development policies, plans and programs regional development, as well as with the community development plans. The Commission referred to in Article 86 shall always request a statement from the respective Regional Government, as well as the municipalities in the area of influence of the project, in order to indicate whether the project or activity is They relate to regional development policies, plans and programs, and to community development plans, respectively. Article 10.-Projects or activities likely to cause environmental impact, in any of its phases, which must be submitted to the environmental impact assessment system, are as follows: (a) Aqueducts, reservoirs or tranches and siphons to be subject to the authorization laid down in Article 294 of the Code of Water, dams, drainage, desiccation, dredging, defence or alteration, significant, of natural bodies or courses of water; High-voltage power transmission lines and their substations; (c) Power generating stations greater than 3 MW; (d) Reactors and nuclear facilities and related facilities; (e) Airports, bus terminals, trucks and railways; railways, service stations, motorways and public roads that may be affect protected areas; (f) Ports, waterways, shipyards and maritime terminals; (g) Urban or tourist development projects, in areas not covered by any of the plans assessed in accordance with the provisions of Paragraph 1 Bis; (i) Mining development projects, including those of coal, oil and gas, comprising the prospections, holdings, processing plants and the disposal of natural gas, waste and waste, as well as the industrial extraction of aggregates, peat or greda; (k) Manufacturing facilities, such as metalworking, chemical, textile, construction materials, metal equipment and products, of industrial dimensions, of industrial size; l) Agro-industries, slaughterhouses, plant-breeding plants and stables, milk and milk (m) Projects for the development or exploitation of forests in fragile soils, in areas covered by native forest, cellulose industries, paper and paper pulp, splinter plants, wood-processing plants, and sawmills, all of industrial dimensions; n) Projects of intensive exploitation, cultivation, and plants processing of hydrobiological resources; n) Production, storage, transport, disposal or reuse of toxic substances, explosive, radioactive, flammable, corrosive or reactive; or environmental sanitation, such as sewerage and drinking water systems, water treatment plants or solid waste of home origin, sanitary fillers, underwater emissaries, treatment systems and waste disposal systems (p) Execution of works, programmes or activities in national parks, national reserves, natural monuments, reserves of virgin areas, nature sanctuaries, marine parks, marine reserves or in any other other areas placed under official protection, in cases where the legislation (q) Mass application of chemical products in urban areas or rural areas close to populated centres or to courses or bodies of water that may be affected, and (r) Development, cultivation or exploitation projects in mining areas, agricultural, forestry and hydrobiological agents using genetically modified organisms for production purposes and in non-confined areas. The Regulation may define a list of species of genetically modified organisms which, as a result of their proven low environmental risk, will be excluded from this requirement. The same regulation will establish the procedure for declaring areas as free of genetically modified organisms. Article 11.-The projects or activities listed in the preceding article shall require the elaboration of an Environmental Impact Study, if they generate or present at least one of the following effects, characteristics or circumstances: a) Risk to the health of the population, due to the quantity and quality of effluents, emissions or residues; b) Significant adverse effects on the quantity and quality of renewable natural resources, including soil, water and air; Resettlement of human communities, or significant alteration of human life systems and customs; d) Localization in or near populations, resources and protected areas, priority sites for conservation, wetlands protected and glaciers, susceptible to being affected, as well as the environmental value of the territory in which (e) Significant alteration, in terms of magnitude or duration, of the landscape or tourist value of an area, and (f) Altering of monuments, sites with anthropological, archaeological, historical value and, in general, those belonging to to cultural heritage. For the purposes of assessing the risk referred to in point (a) and the adverse effects referred to in point (b) above, it shall be considered as set out in the existing environmental and emission quality standards. In the absence of such rules, the rules in force in the Member States which point to the Regulation shall be used as a reference. Article 11a.-Proposers may not, knowingly, split their projects or activities in order to vary the evaluation instrument or to circumvent the entry to the Environmental Impact Assessment System. It will be the responsibility of the Superintendency of the Environment to determine the violation of this obligation and to require the proposer, after report of the Environmental Assessment Service, to properly enter the system. The above paragraph shall not apply where the proposer proves that the project or activity corresponds to one whose execution shall be carried out in stages. Article 11b.-If a project or activity is modified, the environmental rating shall be borne by the change and not on the existing project or activity, even if the environmental impact assessment considers the sum of the impacts caused by the modification and the existing project or activity for all relevant legal purposes. Article 12.-Environmental Impact studies shall consider the following subjects: (a) A description of the project or activity; (b) The description of the baseline, which shall be considered by all projects with a rating resolution environmental, even if they are not operating. c) A detailed description of the effects, characteristics or circumstances of Article 11 that give rise to the need for an Environmental Impact Study. d) A prediction and assessment of the environmental impact of the project or activity, including any risk situations. When the project is required to present an Environmental Impact Study for generating any of the effects, characteristics or circumstances referred to in Article 11 (a), and there is no Primary Quality or Emission Standard in Chile or in the States of reference that the Regulation points out, the proposer should consider a specific chapter on the potential risks that the project could generate in people's health. (e) The measures to be taken to eliminate or minimise the adverse effects of the project or activity and the repair actions to be carried out, where appropriate; (f) a monitoring plan for the relevant environmental variables which they give origin to the Environmental Impact Study, and g) A plan of compliance with applicable environmental legislation. Article 12a.-Environmental Impact declarations shall consider the following matters: (a) A description of the project or activity; (b) the necessary background to justify the absence of the effects, characteristics or circumstances of Article 11 which may give rise to the need for an Impact Study (c) The applicable environmental regulations, and the manner in which they are to be complied with, and (d) the indication of the applicable sectoral environmental permits, and the background associated with the requirements and requirements for the respective statement. Article 13.-For the purposes of establishing and qualifying an Environmental Impact Study or Declaration, the proposer, the Environmental Assessment Service and the organs of the competent State administration, where appropriate, shall be subject to the rules that establish the regulation. This regulation will be dictated by supreme decree, through the Ministry of the Environment, and will contain, at least, the following: a) List of the sectoral environmental permits, the requirements for their granting and the contents (b) Detailed minimum content for the preparation of the Environmental Impact Studies and Declarations, as provided for in Articles 11, 12, 12a, 13a and 18, according to (c) Administrative procedure for the assessment of environmental impact. Article 13a.-Proposers shall inform the environmental authority if they have established, before or during the evaluation process, negotiations with the stakeholders in order to agree on compensation or environmental mitigation measures. In the event of such agreements, these will not be binding for the environmental qualification of the project or activity. Article 14.-The administrative procedure referred to in Article 13 (c) shall consider the following aspects: (a) Form of consultation and coordination of State agencies with sectoral environmental powers that relate to the granting of permits for the project or activity assessed; b) Setting deadlines for the various bodies (c) Definition of mechanisms for clarification, rectification and extension of the Environmental Impact Studies and Declarations, in the event that it is necessary, in accordance with the provisions of Articles 16 and 19; (d) Form of participation of organisations In accordance with the provisions of the following paragraph, and (e) Form of notification to the person concerned about the study or the Environmental Impact Statement. Article 14a.-The environmental impact assessment procedure and the administrative acts arising from it may be expressed through electronic means, in accordance with the rules of Law No 19,799 and its regulations, and as provided for in this Regulation. Article. Without prejudice to the foregoing, it shall not be considered to be faults or omissions of the holder those actions which, due to failures of the electronic means, cannot be executed or accredited in due time in the procedure, and the necessary measures must be taken by the Environmental Assessment Service to promptly fix such failures without prejudice to the holder. The holder of a project shall be understood to accept the use of electronic means and techniques in all proceedings of the procedure which affect him, since entering his Studio or Declaration, unless expressly requested otherwise. The comments made by the citizens ' organisations and natural persons referred to in Articles 28 and 30a may be expressed through electronic means, in accordance with the general rules. However, electronic means shall not be used in respect of actions which by their nature or by express provision of law must be carried out by another means. Article 14b.-The environmental impact assessment procedure will be initiated with a rigorous verification of the type of project and the evaluation path to be followed, with the objective that there are no administrative errors in the process of admission to the process of a project. Article 15. -The Commission established in Article 86 or the Executive Director, where appropriate, shall have a period of one hundred and twenty days to decide on the Environmental Impact Study. The favorable rating on an Environmental Impact Study will be accompanied by the permits or environmental pronouncements that can be granted in this opportunity by the State agencies. REPEALED POINT. If the Commission, as set out in Article 86 or the Executive Director, as appropriate, is unable to give its opinion on the Environmental Impact Study, due to the lack of any grant of any environmental permit or statement, require the body of the responsible State to issue the permit or delivery within a period of 15 days. If this deadline is expired, the missing permit or pronouncement will be granted favourably. When the Environmental Impact Study refers to projects or activities that need to be implemented urgently to address undelayed needs arising from public calamities, as well as services that cannot be paralyzed without serious The assessment period for the country will be reduced by half, with all formalities being ordered in proportion to that new deadline. The assessment shall be carried out by the Executive Director at the request of the person concerned. The Regulation shall determine the requirements, forms and conditions necessary for the application, approval and due publicity. Article 15a.-If the Environmental Impact Study lacks relevant or essential information for its assessment that cannot be remedied by clarifications, corrections or extensions, the Regional Director or the Executive Director, declare by way of resolution, order to return the record to the holder and end the procedure. The resolution referred to in the preceding paragraph may only be issued within the first forty days from the presentation of the respective Environmental Impact Study. After this period, the study will not be returned or rejected because of the causal link, and its evaluation must be completed. The bodies referred to in the fourth paragraph of Article 9 shall communicate, as soon as their report is required, to the Regional Director or the Executive Director if, in the studies submitted to them, the defect has been established. provided for in this Article. Contrary to the decision to be made, only a replacement remedy may be deducted within the five-day period from the date of notification. The appeal must be settled within 20 days. Article 16. Within the same period of one hundred and twenty days, the Commission, as set out in Article 86 or the Executive Director, may, where appropriate, request clarifications, corrections or extensions to the content of the Environmental Impact Study which considers necessary, giving a period of time for this purpose to the person concerned, suspending in full the right, in the meantime, the term which will be restored to the end of the evaluation procedure of the respective study. The proposer may request the extension of the time limit for each suspension for up to twice. The time limit referred to in Article 15 (1) shall continue to be submitted by the time limit referred to in Article 15 (1). In qualified and duly substantiated cases, the latter may be extended for a single time for up to 60 additional days. In the event of an unfavourable pronouncement on an Environmental Impact Study, the resolution shall be founded and shall indicate the specific requirements that the proposer shall comply with. The Environmental Impact Study will be approved if it complies with the environmental regulations and, taking into account the effects, characteristics or circumstances set out in Article 11, proposes mitigation, compensation or repair measures. appropriate. Otherwise, it will be rejected. Article 17.-Repealed. Article 18.-The owners of the projects or activities that are required to submit to the environmental impact assessment system and that do not require the elaboration of an Environmental Impact Assessment, will present a Declaration of Environmental Impact, in the form of an affidavit, in which they will express that they comply with the current environmental legislation. Notwithstanding the above, the Environmental Impact Statement may include voluntary environmental commitments, not required by law. In that case, the holder shall be obliged to comply with them. The Commission established in Article 86 or the Executive Director, where appropriate, shall have a period of 60 days to decide on the Environmental Impact Statement. In the event that the Commission established in Article 86 or the Executive Director, as the case may be, cannot rule on a Declaration of Environmental Impact due to the lack of any environmental permit or statement, require the body of the responsible State to issue, within ten days, the respective permit or delivery. If this deadline is expired, the missing permit or pronouncement will be granted favourably. Article 18a.-If the Environmental Impact Statement lacks relevant or essential information for its assessment that could not be remedied by clarifications, corrections or extensions, or if the respective project or activity requires An Environmental Impact Study, as appropriate, will declare it by way of a founded resolution, order to return the background to the holder and end the procedure. The resolution referred to in the preceding paragraph may only be issued within the first thirty days following the presentation of the respective environmental impact declaration. After this period, the Declaration shall not be returned or rejected for the reasons indicated, and its assessment must be completed. Contrary to the decision to be made, only a replacement remedy may be deducted within the five-day period from the date of notification. The appeal must be settled within 20 days. Article 18b.-The holders, when submitting a Declaration of Environmental Impact, may include, at their cost, the commitment to undergo a process of conformity assessment and certification, with respect to compliance with environmental regulations (a) the conditions under which the project or activity is to be favourably qualified. In this case, the said Declaration must be qualified within a maximum period of 30 days, without prejudice to the provisions of the preceding article. For these purposes, the Superintendence of the Environment will keep a record of the natural and legal persons accredited, who carry out the evaluation and certification of conformity of the Environmental Qualification Resolutions. The Regulation shall lay down the requirements, conditions and procedures necessary for its administration and operation. Article 18c.-If the owner of the project is a company that according to the law qualifies as smaller and must present a Declaration of Environmental Impact, it will be able to compromise at its cost, undergo a process of evaluation and certification of compliance with respect to compliance with the environmental legislation applicable to the project or activity. In this case, the Commission set out in Article 86 or the Executive Director shall, where appropriate, observe the following procedure: (a) Check whether the project or activity requires an Environmental Impact Study, within 10 days from the presentation of the Declaration. b) In case of not requiring an Environmental Impact Study, it will proceed to the record of the Declaration, provided that the project is located in an area regulated by existing territorial planning instruments and does not generate environmental burdens. c) If the project or activity is located in an area not regulated by existing territorial planning instruments and does not generate environmental burdens, it will open a period of citizen participation, in which it will cite a special audience at least three citizens ' organizations with legal personality, whose legal domicile is located in those communes in which the project or activity will be located. Such a period shall not extend more than 10 days, and a record shall be issued by a minister of faith where the commitments to the community are established. After that stage, it will proceed to its registration. (d) The register shall consist of the annotation of the project or activity, in which the site of the site, the characterization of the activity, the time of execution of the works and the project, indicators of compliance with the certification of compliance and commitments made by the proposer with the community. e) Realized the registration a copy of the Declaration, which will contain the observations of the citizenry, when it corresponds, will be visada by the Environmental Assessment Service and will do the times of Resolution of Environmental Rating for all the legal effects. Article 19.-If the Commission established in Article 86 or the Executive Director, where appropriate, finds that errors, omissions or inaccuracies in the Environmental Impact Statement are in existence, it may request clarifications, corrections or extensions which it considers necessary, giving a period of time for that purpose to the person concerned, and, in the meantime, the end of the procedure for the assessment of the respective Declaration shall be suspended in full. The proposer may request the extension of the time limit for each suspension for up to twice. The Regional Director or the Executive Director may, where appropriate, in qualified and duly substantiated cases, extend the period referred to in Article 18 (3), for one time, and for up to 30 days s. Environmental Impact Statements will be rejected when errors, omissions or inaccuracies are not remedied, or if the respective project or activity requires an Environmental Impact Study or when the compliance with the applicable environmental regulations, in accordance with the provisions of this Law. The Regulation shall establish the manner in which the Commission's decision as set out in Article 86 or the Executive Director, where appropriate, on the Environmental Impact Statement shall be notified to the person concerned. Article 19a.-Transactional the time limits referred to in Articles 15, 18 and 18b without the Commission established in Article 86 or the Executive Director having delivered an opinion on an Environmental Impact Study or Declaration, and the requirements of Article 64 of Law No 19,880, on the Basis of Administrative Procedures, said Study or Declaration, with their clarifications, rectifications or extensions, if any, shall be understood as approved. The certificate issued by the Regional Director or the Executive Director in case of the configuration of the situation provided for in the previous paragraph, in addition to specifying that the Environmental Impact Study or Declaration was not evaluated within the legal period, identify the documents or documents on which the approval referred to in this Article falls. Article 20.-Against the resolution that denies place, rejects or establishes conditions or requirements to a Declaration of Environmental Impact, the complaint shall proceed with the Executive Director. Against the resolution that rejects or establishes conditions or demands for an Environmental Impact Study, the complaint will proceed to a committee composed of the Ministers of the Environment, who will preside over it, and the Ministers of Health; Economy, Development and Reconstruction; Agriculture; Energy, and Mining. These resources must be brought in by the person responsible for the project concerned, within 30 days of the notification of the decision under appeal. The competent authority shall, by means of a reasoned decision, decide within a fatal period of 30 or 60 days from the interposition of the appeal, in the case of a Declaration or an Environmental Impact Study. In order to resolve the complaints referred to in the first subparagraph, the Executive Director and the Committee of Ministers may ask third parties for an accredited technical qualification in the matters concerned to make an independent report with the the purpose of properly illustrating the decision. The Regulation shall establish how that committee shall be selected and the conditions to be met by the application of the report. In the case of Environmental Impact Studies, the Committee of Ministers should always ask the sectoral agencies to report on the environmental assessment. It shall be possible to claim, within the thirty-day period from its notification, before the Environmental Court, in accordance with the provisions of Articles 60 et seq. of this law, that the decision may be taken. The resolution that denies place or rejects or establishes conditions or requirements to a Study or Declaration of Environmental Impact, shall be notified to all the agencies of the State that are competent to resolve on the realization of the respective project or activity. Article 21.-If a Declaration or Study of Environmental Impact is rejected, the person responsible for the project or activity may submit a new Declaration or Study. However, the new revenue may not be materialised until the claim referred to in Article 20 (1) of this law is settled, or the judgment on the complaint has been enforced. set out in the fourth indent of the same article. Article 22. Projects in the public sector shall be subject to the environmental impact assessment system set out in this paragraph, and shall be subject to the same technical requirements, requirements and environmental criteria as applicable to the public sector. private sector. Military installations for military use shall be governed by their own rules, within the framework of the objectives of this law. The resolution of the Environmental Assessment Service on the evaluated project will be mandatory and should be weighted in the corresponding socioeconomic evaluation of the project to be carried out by the Ministry of Planning and Cooperation. Article 23.-Repealed. Article 24.-The evaluation process will conclude with a resolution that qualifies the project or activity, which must be notified to the administrative authorities with competence to resolve the activity or project, without prejudice to the notification to the interested party. If the resolution is favorable, it will certify that all applicable environmental requirements are met, including any mitigation and restoration work, and no State body can deny environmental authorizations. relevant. If, on the other hand, the resolution is unfavourable, these authorities will be obliged to refuse the corresponding authorizations or permits, due to their environmental impact, even if the other legal requirements are met, as long as they are not notified. of a statement to the contrary. The agencies of the State to which it is appropriate to grant or to decide on the sectoral environmental permits referred to in this law, must inform the Superintendence of the Environment whenever they are asked any of them, indicating whether or not it has attached an environmental rating resolution and the background to identify the project or activity and individualise its holder. In cases where the Superintendence detects that a request for a sectoral environmental permit falls on a project or activity that according to this law must be the subject of a prior environmental impact assessment and that it does not have the respective (a) the approval of the approval or authorization shall not be granted until such time as the approval of the authorization or authorization has been granted. Environmental Assessment Service. The holder of the project or activity, during the construction and execution phase of the project, shall be strictly subject to the content of the respective environmental rating resolution. Article 25.-The certificate referred to in the preceding article shall, where appropriate, establish the environmental conditions or requirements to be fulfilled for the execution of the project or activity and those under which the permits shall be granted that according to the legislation must be issued by the agencies of the State. The environmental conditions or requirements set out in the previous paragraph must meet the technical criteria requested by the public services that have participated in the evaluation process. If it is not claimed within the time limit laid down in Article 20 against the conditions or requirements laid down in the certificate referred to above, it shall be understood that the conditions or requirements of the certificate have been accepted. Sanctions established in the law that creates the Superintendence of the Environment. Article 25a.-The Directorates of Municipal Works may not grant the final reception if the projects or activities referred to in Article 10 do not prove to have obtained a favourable environmental qualification resolution. Article 25b.-The decision which qualifies a project or activity shall lapse if more than five years have elapsed without the implementation of the approved project or activity having been initiated, since its notification. The Regulation shall specify the minimum arrangements, acts or tasks which, depending on the type of project or activity, shall permit the commencement of the implementation of the Regulation. Article 25c.-The resolution that welcomes the Environmental Impact Study or Declaration shall be notified to the proposer, informed to the Superintendence of the Environment, to the community and to all the organisms that have involved in the environmental qualification process. The Superintendence of the Environment will administer a public record of environmental qualification resolutions in which the project is identified, its geographical location, the date of its grant, the holder, the objective of the project and its state. Such registration should be kept up to date on the website of the Superintendence semi-annually, with project holders regularly reporting on the status of the Superintendence. A regulation shall determine the content of the register, the forms and time limits under which it will be updated. Article 25d.-The Environmental Rating Resolution may be reviewed, exceptionally, on its own initiative or at the request of the holder or directly concerned, when the project is being implemented, the variables evaluated and referred to in the plan (i) monitoring on which the conditions or measures were laid down, have varied substantially in relation to the projected or have not been verified, all in order to take the necessary measures to correct those situations. To this end, an administrative procedure must be instructed, the notification to the holder of the concurrence of the requirements and the audience of the interested party, the request for a report to the sectorial bodies, which must be considered participated in the evaluation and public information of the process, in accordance with the provisions of Law No. 19,880. The administrative act carrying out the review may be claimed in accordance with Article 20. Article 25e.-Where an environmental assessment decision is m (a) the Commission may, by means of a decision, or at the request of the proposer, establish the recast, coordinated and systematised text of that resolution. In the exercise of this power, you will be able to introduce you changes in a way that is indispensable, without altering, in any case, your true meaning and scope. Paragraph 3 of the Community Participation in the Environmental Impact Assessment Procedure Article 26.-Corresponding to the Evaluation Commissions or the Executive Director, as the case may be, establishing the mechanisms to ensure the informed participation of the community in the process of qualification of the Environmental Impact Studies and the Declarations when they correspond. Article 27.-Any natural or legal person may impose the content of the project and the content of the accompanying documents. However, the Environmental Assessment Service will keep in reserve the technical, financial and other background that, at the request of the interested party, considers necessary subtract from the public knowledge, to ensure the commercial confidentiality and industrial or protect the inventions or patentable procedures of the project or activity presented. Article 28.-For the purposes referred to in Article 26, the Commission established in Article 86 or the Executive Director shall order the person concerned to publish at his expense in the Official Journal and in a newspaper or newspaper in the capital of the region or national circulation, as the case may be, an extract endorsed by the Environmental Impact Study presented. These publications shall be made within 10 days of the presentation. This extract shall contain at least the following background: (a) Name of the natural or legal person responsible for the project or activity; (b) Location of the place or area in which the project or activity will be implemented; (c) Indication of the type of project or activity in question; (d) Monto of the estimated investment, and (e) Main environmental effects and mitigating measures proposed. If the Environmental Impact Study has been the subject of clarifications, corrections and extensions that substantially affect the environmental impacts of the project as referred to in Article 29, the data subject shall publish in the same conditions laid down in the preceding paragraphs, the content of the clarifications, corrections and extensions must be clearly identified. Article 29.-Any natural or legal person may make observations to the Environmental Impact Study, before the competent body, for which they shall have a period of sixty days, counted from the respective publication of the extract. If, during the evaluation procedure, the Environmental Impact Assessment has been the subject of clarifications, corrections or extensions that substantially affect the project, the competent body shall open a new stage of participation. This time for thirty days, the period for the completion of the Environmental Impact Study will be suspended in full. The Regulation should specify which type of clarifications, corrections or extensions, depending on the type of project or activity, will be considered as substantive changes to the projects. The Environmental Assessment Service will consider the comments as part of the rating process and should take charge of the rating process, making a statement on all of them in their resolution. This statement shall be made available on the website of the service at least five days in advance of the qualification of the project. Any person, natural or legal, whose observations as referred to in the earlier points have not been duly taken into account in the grounds of the environmental assessment referred to in Article 24, may lodge an appeal of the complaint pursuant to Article 20, which shall not suspend the effects of the decision. Article 30.-The Evaluation Committees or the Executive Director shall, where appropriate, publish the first working day of each month, in the Official Journal and in a regional or national circulation newspaper, as appropriate, a list of projects or activities subject to a Declaration of Environmental Impact that have been submitted for processing in the previous month, in order to keep the citizens duly informed. That list shall contain at least the following background: (a) Name of the natural or legal person responsible for the project or activity; (b) Location of the place or area in which the project or activity will be implemented; and (c) Indication of the type of project or activity in question. Where the Environmental Impact Statement has been the subject of clarifications, corrections and extensions as referred to in Article 30a, the proposer shall publish under the same conditions as provided for in Article 28, The content of the clarifications, corrections and extensions should be clearly identified. Article 30a.-The Regional Directorates or the Executive Director, as appropriate, may decree the conduct of a citizen participation process for a period of 20 days, in the Environmental Impact Declarations that are presented to evaluation and refer to projects that generate environmental burdens for the communities in the near future. All this, whenever requested by at least two citizens ' organizations with legal personality, through their representatives, or at least ten natural persons directly affected. This request must be made in writing and submitted within 10 days, from the publication in the Official Journal of the draft submitted to the Environmental Impact Statement. If, during the evaluation procedure of the Environmental Impact Statement, this has been the subject of clarifications, corrections or extensions that substantially affect the environmental impacts of the project, the competent body must open a new stage of citizen participation, this time for ten days, period in which the deadline for processing the Environmental Impact Declaration will be suspended in full. The Regulation should specify which type of clarifications, corrections or extensions, depending on the type of project or activity, will be considered as substantive changes to the projects. In the case of projects submitted for evaluation in accordance with Article 18b, the time limit for the implementation of the process of citizen participation shall be ten days. The Environmental Assessment Service will consider the comments as part of the rating process and should take charge of the rating process, making a statement on all of them in their resolution. This statement shall be made available on the website of the service at least five days in advance of the qualification of the project. Any natural or legal person whose observations have not been duly taken into account in the grounds of the environmental assessment referred to in Article 24 may lodge a complaint in accordance with the referred to in Article 20, which shall not suspend the effects of the resolution. For the purposes of this article, it will be understood that environmental burdens are caused by those projects that generate social benefits and that cause negative environmental externalities in nearby localities during their construction or operation. Citizen participation includes the rights to access and to know the physical or electronic file of the evaluation, to make observations and to obtain an informed response from them. Article 30b.-Without prejudice to Articles 28 and 30, proposers shall, by means of notices at their expense, announce by means of local broadcasting, the presentation of the Study or Declaration, the place where they are located available background information and the time limit for making observations. The Regulation shall lay down the content of the notices, the form of accrediting to the authority of their issue and the time limit within which they are to be issued. The proposers may, however, request the Regional Director or Executive of the Environmental Assessment Service, as appropriate, to replace the broadcasting process with a similar scope, in cases where the latter is extremely difficult. (a) the costs of the payment of the costs of the aid, or of the costs of the aid; Article 31.-The Commission established in Article 86 or the Executive Director, where appropriate, shall transmit to the municipalities, in the community area, the works or activities that the project considers under evaluation, a copy of the extract or of the list referred to in Articles 28 and 30, as appropriate, for their proper publicity and to ensure the participation of the community. Paragraph 3º bis of Access to Environmental Information Article 31a.-Everyone has the right to access environmental information held by the Administration, in accordance with the provisions of the Political Constitution of the Republic and in Law No. 20.285 on Access to Public Information. Environmental information shall mean any written, visual, sound, electronic or registered character of any other form that is in the power of the Administration and which shall be viewed on the following questions: (a) elements of the environment, such as air and air, water, soil, landscapes, protected areas, biological diversity and its components, including genetically modified organisms; and the interaction between these elements. b) The de facto res, 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 identified in the number previous. (c) administrative acts relating to environmental matters, or which affect or may affect the elements and factors referred to in points (a) and (b), and the measures, policies, rules, plans, programmes, which serve as a basis for them. (d) Reports on compliance with environmental legislation. (e) Economic, social, and other studies used in the decision-making concerning administrative acts and their bases, as referred to in point (c). (f) The state of health and safety of persons, living conditions human, cultural heritage assets, where they are or may be affected by the state of the elements of the environment referred to in point (a) or by any of the factors and measures referred to in points (b) and (c). (g) All other information to be found on the environment or on the elements, components or concepts defined in Article 2 of the Law. Article 31b.-The Ministry of the Environment will administer a National Environmental Information System, broken down regionally, in which it will be indicated: (a) The texts of treaties, conventions and international agreements, as well as the laws, regulations and other administrative acts relating to or relating to the environment. (b) the reports on the state of the environment referred to in Article 70 (n). (c) the data or summaries of the reports referred to in the preceding number, resulting from the monitoring of activities affecting or likely to affect the environment. (d) the administrative authorisations associated with activities which may have a significant effect on the environment or, failing that, the precise indication of the authority which has such information. e) The list of public authorities which have information on environmental content and which should be publicly accessible. (f) The opinions of the Comptroller General of the Republic are subject to environmental matters. (g) The final judgments of the Courts of Justice, which are the subject of environmental judgments. (h) Any other decision or decision of a general nature shall be subject to a relapse in environmental matters. Article 3c.-Any person who is considered injured in his or her right to access environmental information may have recourse to the competent authority, in accordance with the provisions of Law No 20.285, on Access to Public Information. Paragraph 4 of the Environmental Quality and Conservation of Nature and Conservation of Environmental Heritage Regulations Article 32.-By decree supreme, which will carry the signatures of the Minister of the Environment and the Minister of Health, shall enact primary environmental quality standards. These rules will be of general application throughout the territory of the Republic and will define the levels that cause emergency situations. The Ministry of Health will be able to request the Ministry of the Environment to decide on a primary quality standard, which must be given within a period which may not exceed five years, unless the Ministry of the Environment indicates the technical reasons for not receiving the application. By means of a supreme decree which will bear the signatures of the Minister of the Environment and the competent minister according to the matter in question, the secondary standards of environmental quality will be enacted. A Regulation shall lay down the procedure to be followed for the provision of environmental quality standards, which shall consider at least the following stages: technical and economic analysis, development of scientific studies, consultations with competent bodies, public and private, analysis of the comments made and adequate publicity. It shall also establish the deadlines and formalities required to comply with the provisions of this Article and the criteria for revising the existing rules. Any environmental quality standard shall be reviewed by the Ministry of the Environment at least every five years, applying the same procedure as indicated above. The coordination of the process of generating environmental quality standards, and the determination of the programs and deadlines for compliance with them, will be the responsibility of the Ministry of the Environment. Article 33.-The Ministry of the Environment will administer the information of the programs of measurement and control of the environmental quality of the air, water and soil for the effects of ensuring the right to live in an environment free of pollution. These programmes will be regionalised. With respect to the Exclusive Economic Zone and the Presential Sea of Chile, the background on these matters will be compiled. Article 34.-The State will administer a National System of Protected Wild Areas, which will include marine parks and reserves, in order to ensure biological diversity, protect nature conservation and preserve heritage. environmental. The administration and supervision of the National System of Protected Wild Areas of the State will be the responsibility of the Biodiversity Service and Protected Areas. Article 35.-For the same purpose as stated in the previous article, the State will encourage and encourage the creation of protected areas of private property, which will be affected by equal tax treatment, rights, obligations and charges that belong to the National System of Protected Wild Areas of the State. Oversight of these wilderness areas will be the responsibility of the Biodiversity Service and Protected Areas. The affectation of these areas will be voluntary and will be perfected by resolution dictated by the agency mentioned in the previous paragraph, which welcomes the respective request of its owner, who must reduce the resolution to public writing and register, for advertising purposes, in the Register of Mortgage and Gravitation of the competent Real Estate Conservative. Disaffection shall take place due to the expiry of the period, by decision of the said body, which was founded on the failure to comply with the obligations laid down in the regulation or at the request of the owner. In the last two cases, you may apply a fine, for tax purposes, that will not exceed the accumulated and updated amount of taxes and contributions from which the property was exempt by virtue of its affectation in the corresponding period. The Regulation shall lay down the general application requirements, deadlines and limitations to be complied with in order to enjoy the allowances, exercise the rights and comply with the obligations and charges referred to in the first subparagraph. Article 36.-They shall form part of the protected areas referred to in the preceding articles, the portions of the sea, beach areas, sea beaches, lakes, lagoons, glaciers, reservoirs, watercourses, swamps and other wetlands, located within their perimeter. The other public bodies, as appropriate, shall be maintained by the other public bodies on these protected areas. Article 37.-The Regulation shall lay down the procedure for classifying species of plants, algae, fungi and wild animals on the basis of scientific and technical background, and in accordance with their conservation status, in the categories recommended for such effects by the World Conservation Union (IUCN) or another international body that dictates guidelines in these matters. According to these classifications, the Ministry of the Environment must approve plans for the recovery, conservation and management of these species. The regulation shall define the procedure for the preparation, the system of public information and the content of each of them. Article 38.-The Ministry of the Environment shall ensure that the competent authorities of the State develop and maintain an inventory of species of plants, algae, fungi and wild animals and shall monitor the rules imposing restrictions to its cutting, trapping, hunting, trade and transport, with the aim of adopting the actions and measures aimed at conserving biological diversity and preserving these species. DELETED PARAGRAPH. Article 39.-The law shall ensure that the use of the soil is done in a rational manner, in order to avoid its loss and degradation. Paragraph 5 of the Rules of Emission Article 40.-The emission standards shall be established by means of supreme decree, which shall bear the signatures of the Minister of the Environment and of the competent minister according to the matter in question, which shall indicate its scope territorial application. It shall be for the Ministry of the Environment to propose, facilitate and coordinate the issuing of emission standards, for which it shall be subject to the stages referred to in Article 32, third indent, and in the respective Regulation, considering the environmental conditions and characteristics of the area in which they are to be applied, being able to use the best available techniques, as a criterion for determining the values or parameters required by the standard, when corresponds. Paragraph 6 of the Management, Prevention or Discontamination Plans Article 41.-The use and use of renewable natural resources shall be carried out by ensuring their capacity for regeneration and the biological diversity associated with them, in particular those species classified within the meaning of Article 37. Article 42.-The Ministry of the Environment, together with the public body entrusted by the law to regulate the use or exploitation of natural resources in a given area, will require, where appropriate, the presentation and of management plans, in order to ensure their conservation. These shall include, inter alia, the following environmental considerations: (a) the maintenance of water flows and soil conservation; (b) the maintenance of the landscape value; and (c) the protection of species classified in accordance with Article 37. The provisions of this Article are without prejudice to other legal bodies, on plans for the management of renewable natural resources, and shall not apply to those projects or activities in respect of which a Study has been approved. or a Declaration of Environmental Impact. Article 43.-The declaration of an area of the territory as saturated or latent shall be made by supreme decree that will carry the signature of the Minister of the Environment and will contain the precise determination of the geographical area that it encompasses. It will also carry the signature of the Minister of Health, if it is the application of primary environmental quality standards, or of the sector minister that corresponds, according to the nature of the respective secondary standard of environmental quality. By supreme decree, which will be signed by the Minister of the Environment, Health or the Sectoral Minister, as appropriate, the declaration of the Saturated or Latent Zone will be left without effect, when the conditions that have been met are not met. from. The supreme decree mentioned in the previous paragraph will leave without effect the respective measures of the plan of Discontamination and, or Prevention, being able, in the first case, to keep in force the restrictions imposed on the emissions of the sources (a) to be responsible referred to in point (f) of Article 45 and measures to prevent critical pollution episodes, for a period not exceeding two years counted from the repeal of the plan, for the sole purpose of allowing the delivery of the prevention plan. This declaration shall be based on the measurement, carried out or certified by the competent public bodies, on the record of the condition which makes it appropriate. The procedure will be carried out by the Regional Ministry of Environment. If the area covered by the declaration is situated in different regions, the procedure shall be carried out by the Ministry of the Environment. Article 44.-By means of the Supreme Decree of the Ministry of the Environment, which will also carry the signature of the corresponding sectoral minister, plans for prevention or decontamination will be established, the fulfillment of which will be mandatory in the areas rated as latent or saturated, respectively. The preparation of these plans and their proposal to the competent authority for their establishment will be the responsibility of the Ministry of the Environment, prior to the report of the respective Ministerial Regional Secretariat. For these purposes, the same procedure and stages as laid down in the third paragraph of Article 32 of this Law shall be followed. Article 45. The prevention and decontamination plans shall contain at least: (a) the relationship between total emission levels and the levels of pollutants to be regulated; (b) the time limit for the reduction of emissions from the plan is expected; (c) the indication of those responsible for their compliance; (d) The identification of the authorities in charge of their audit; (e) the environmental management tools to be used to meet their objectives; (f) the proportion in which the activities responsible for the emission of the products will have to be reduced. the pollutants referred to in the plan, which must be the same for all of them; g) The estimation of their economic and social costs, and (h) the proposal, where possible, for emissions compensation mechanisms. Polluting activities located in areas affected by prevention or decontamination plans will be forced to reduce their emissions to levels that will enable the objectives of the plan to be met within the time limit set. Article 46. In those areas where a prevention or decontamination plan is being implemented, only activities that meet the requirements laid down in the respective plan may be developed. Its verification will be in charge of the Superintendence of the Environment. Article 47.-The prevention or decontamination plans may, as appropriate, use the following instruments of regulation or economic character: (a) emission standards; (b) Transportable emission permits; (c) emissions taxes or rates for users, in which the environmental cost is considered implicit in the production or use of certain goods or services, and (d) other instruments to stimulate environmental improvement and repair actions. Article 48.-A law shall establish the nature and forms of assignment, division, transfer, duration and other characteristics of transportable emission permits. Article 48a.-Administrative acts which are issued by the Ministries or services for the implementation or implementation of quality standards, emission and prevention or decontamination plans, identified in such instruments, shall always count with a previous report from the Ministry of the Environment. Paragraph 7 of the complaint procedure Article 49.-The supreme decrees establishing the primary and secondary standards of environmental quality and the emission standards, those declaring areas of the territory as latent or saturated, lay down prevention or decontamination plans and shall be published in the Official Journal. Article 50.-These decrees shall be reclaimable before the Environmental Tribunal by any person who considers that they do not conform to this law and to which they cause injury. The deadline for filing the claim will be thirty days, counted from the date of publication of the decree in the Official Journal or, from the date of its application, in the case of special regulations for emergency cases. The interposition of the claim shall not, in any event, suspend the effects of the contested act. TITLE III Of The Liability For Environmental Damage Paragraph 1 ° Of The Environmental Damage Article 51.-Everyone who blames or dolously causes environmental damage will respond to it in accordance with this law. However, the rules on liability for environmental damage contained in special laws shall prevail over those of this law. Without prejudice to the foregoing, as not provided for by this law or by special laws, the provisions of Title XXXV of Book IV of the Civil Code shall apply. Article 52.-The responsibility of the author of the environmental damage is presumed legally, if there is an infringement of the environmental quality standards, the emission standards, the prevention or decontamination plans, the special regulations for environmental emergency cases or the rules on environmental protection, preservation or conservation, as laid down in this law or in other laws or regulations. All in all, there will only be compensation, in this event, if there is evidence of cause to effect between the infringement and the damage produced. Article 53.-Produced environmental damage, action is granted to obtain the repair of the damaged environment, which does not prevent the exercise of the ordinary indemnification action by the directly affected. No action will be taken to obtain repair of the damaged environment when the person who committed the damage successfully executed a repair plan approved by the Superintendence of the Environment. Article 54.-They are holders of the environmental action referred to in the previous article, and with the sole aim of obtaining the repair of the damaged environment, natural or legal persons, public or private, who have suffered the damage or damage, the municipalities, due to the events in their respective communes, and the State, through the State Defense Council. Deducted from the claim by any of the above mentioned holders, they will not be able to apply the remaining holders, which does not prevent their right to intervene as third parties. For the purposes of Article 23 of the Code of Civil Procedure, municipalities and the state are presumed to have current interest in the results of the trial. Any person may require the municipality in whose field the activities causing damage to the environment to be developed so that it is, in its representation and on the basis of the background to be provided by the applicant, the respective environmental action. The municipality will sue within 45 days, and if it resolves not to do so, it will issue within the same deadline a resolution founded that will be notified to the applicant by registered letter. The municipality's failure to make a statement in the indicated term will make it jointly and severally liable for the damages that the reported event will cause to the affected person. Article 55.-When those responsible for issuing sources subject to prevention or decontamination plans, or special regulations for emergency situations, as appropriate, will demonstrate that they are giving full and full compliance to the obligations laid down in such plans or regulations, only the ordinary indemnification action deducted by the person concerned shall be goat, unless the damage comes from causes not covered by the respective plan, in which case the provided in the previous article. Article 56.-Repealed. Article 57.-Repealed. Article 58.-Repealed. Article 59.-Repealed. Article 60, paragraph 2.-It shall be competent to know the causes that are promoted for infringement of this law, the Environmental Court, in accordance with the rules of procedure established in the law that creates it. Article 61-Repealed. Article 62-Repealed. Article 63.-Environmental action and civil actions emanating from environmental damage shall be prescribed within five years, counted from the evident manifestation of the damage. TITLE IV of the Fiscalization Article 64.-The audit of the permanent compliance with the rules and conditions on the basis of which the Environmental Impact Studies and Declarations have been approved or accepted, of the measures and instruments that establish the Plans for Prevention and Discontamination, of the standards of quality and emission, as well as of the management plans In this law, when they correspond, it will be carried out by the Superintendence of the Environment in accordance with the law. Article 65.-Without prejudice to the second paragraph of Article 5 of Law No. 18,695, the Constitutional Organization of Municipalities, and in other legal norms, the municipalities will receive the complaints that the citizens will make by (a) non-compliance with environmental standards and will be brought to the attention of the Superintendence of the Environment to enable them to take action. The municipality will require the Superintendency of the Environment to inform it about the procedure given to the complaint. A copy of the report and the report will be sent to the respective Regional Ministry of Environment. With the merit of the report, or in the absence of the thirty-day period, the municipality will put the background to the Ministry of the Environment. Article 66 of the Environmental Protection Fund.-The Ministry of the Environment will be responsible for the administration of an Environmental Protection Fund, the object of which will be to fully or partially fund projects or activities oriented to the environment. protection or repair of the environment, sustainable development, preservation of nature or conservation of environmental heritage. Article 67.-The projects or activities referred to in the previous article, the amount of which does not exceed the equivalent of five hundred units of promotion, shall be selected by the Under-Secretary of the Environment, according to general bases defined for this purpose. Where the projects or activities exceed the amount indicated, the selection process must be carried out by public tender and subject to the general bases referred to in the preceding paragraph, and the Advisory Council referred to in the Fourth paragraph of the Final Title. Article 68. The Environmental Protection Fund shall consist of: (a) Inheritance, legacies and donations, whatever their origin. In the case of donations, they will be exempt from the process of insinuation; b) Resources destined for this effect, in the Law of the Nation's Budgets; c) Resources assigned to it in other laws; and d) Any other contribution from the public or private entities, national or foreign, to any degree. FINAL TITLE OF THE MINISTRY OF THE ENVIRONMENT Paragraph 1 ° Nature and Functions Article 69.-Create the Ministry of the Environment, as a Secretariat of State responsible for collaborating with the President of the Republic in the design and implementation of environmental policies, plans and programmes, as well as the protection and conservation of biodiversity and natural renewable and water resources, promoting sustainable development, the integrity of environmental policy and its regulatory regulation. Article 70.-Corresponding to the Ministry in particular: (a) Proposing environmental policies and reporting regularly on their progress and compliance. b) Propose policies, plans, programs, standards, and surveil the National System of Protected Areas of the State, which includes parks and marine reserves, as well as nature sanctuaries, and oversee the management of protected areas private property. (c) Propose policies, plans, programmes, standards and overmonitor protected coastal marine areas of multiple uses. d) Velar for the fulfillment of international conventions, in which Chile is a part in environmental matters, and to exercise the quality of administrative, scientific or technical counterpart of such conventions, without prejudice to the powers of the Ministry Foreign Relations. Where the conventions mentioned contain other environmental matters, other sectors of sectoral competence, the Ministry of the Environment must integrate these sectors within the administrative, scientific or technical counterpart of these sectors. e) To collaborate with the sectoral ministries in the formulation of the environmental criteria that must be incorporated in the elaboration of their plans and policies, strategic environmental assessments and planning processes, as well as in the dependent and related services. f) To collaborate with the competent agencies, in the formulation of environmental policies for the management, use and sustainable use of renewable and water resources. (g) Propose policies and formulate rules, plans and programmes on contaminated waste and soils, as well as the risk assessment of chemicals, genetically modified organisms and other substances likely to affect the environment; environment, without prejudice to the powers of other public health bodies. (h) Propose policies and formulate plans, programmes and action plans for climate change. In exercising this competence, it must cooperate with the various bodies of the State Administration at national, regional and local level in order to determine its effects, as well as the establishment of the necessary measures adaptation and mitigation. i) Propose policies and formulate plans, programs and actions that establish the basic criteria and preventive measures to promote the recovery and conservation of water resources, genetic resources, flora, fauna, habitats, landscapes, ecosystems and natural spaces, especially fragile and degraded areas, contributing to the implementation of international conventions for the conservation of biodiversity. (j) Develop and implement studies and programmes of research, protection and conservation of biodiversity, as well as manage and update a biodiversity database. k) Develop necessary studies and collect all available information to determine the country's environmental baseline, develop environmental accounts, including environmental assets and liabilities, and the capacity of the various The country's environmental basins. l) Participate in the elaboration of the sectoral environmental budgets, promoting their coherence with the national environmental policy. In the exercise of this power, it may be established by common agreement with the sectoral ministry, management indicators associated with budgets. To this end, we must have the approval of the Budget Directorate. (m) Collaborate with the competent authorities at national, regional and local level in the preparation, approval and development of education, promotion and environmental dissemination programmes, aimed at creating a national awareness of protection the environment, sustainable development, the preservation of nature and the conservation of environmental heritage, and to promote responsible citizen participation in these areas. (n) Coordinate the process of generating environmental quality standards, emission standards and prevention plans and, or decontamination, by determining the programmes for their implementation. n) Develop reports on the state of the environment every four years at national, regional and local level. However, once a year, it will have to issue a consolidated report on the state of the environment at national and regional level. These reports will include data on the quality of the environment, as well as an executive summary that is understandable to the general public. (o) administratively interpret the standards of environmental and emission quality, prevention plans and, or decontamination, prior report of the bodies with competence in the specific field and the Superintendence of the Environment. The Ministry of the Environment may require the heads of the services and agencies with competence in environmental matters, reports on the criteria used by the respective sectorial body in the application of the rules and plans referred to in the preceding paragraph, as well as the doubts or difficulties of interpretation which have arisen and the deviations or distortions which have been detected. The Ministry may also standardize the application criteria and clarify the meaning and scope of the environmental quality and emission standards, when observing discrepancies or errors of interpretation. (p) to administer a Register of Emissions and Transferences of Pollutants in which it will be recorded and systematised, by source or pool of sources of the same establishment, the nature, flow and concentration of pollutant emissions that are the subject of an emission standard, and the nature, volume and destination of the solid waste generated by the regulation. Similarly, in the cases and form established by the regulation, the register shall systematize and estimate the type, flow and total concentration and by type of source, of the emissions that are not the subject of an existing emission standard. For this purpose, the Ministry shall require the appropriate State services and agencies, general information on production activities, raw materials, production processes, technology, production volumes and any other available and useful for the purposes of the estimation. The estimated emissions referred to in this paragraph shall be unnominated and shall indicate the modelling methodology used. q) Establish a system of public information on the compliance and enforcement of the current general environmental regulations, including a complete and updated cadastre of such regulations, which must be freely accessible and available by electronic means. (r) Establishing partnership agreements with regional governments and municipalities to take the necessary measures To ensure the integrity, conservation and repair of the regional and local environment, as well as environmental education and citizen participation. Where such agreements provide for the transfer of resources, they shall be authorised by the Ministry of Finance. s) Participate in the process of strategic environmental assessment of policies and plans that promote the various organs of the Administration in accordance with this law. (t) Generate and collect accurate technical and scientific information for the prevention of pollution and environmental quality, in particular as regards technologies, production, management and transfers of waste, pollution air and the environmental impact. (u) Manage the information of air, water and soil quality monitoring programmes, provided by the competent bodies, where appropriate. (v) Financing projects and activities aimed at protecting the environment, sustainable development, preservation of nature, conservation of environmental heritage, environmental education, and citizen participation. (w) To carry out and promote training and technical updating to public officials in matters related to the functions entrusted to the Ministry, which may also be granted to individuals. (x) Create and chair operational committees and subcommittees composed of representatives of the ministries, departments and other bodies responsible for the study, consultation, analysis, communication and coordination in certain areas relating to the environment; environment. (y) To promote and facilitate citizen participation in the formulation of policies and plans, quality and emission standards, in the process of strategic environmental assessment of the policies and plans of the sectoral ministries. (z) To assume all other functions and powers that the law entrusts. Second paragraph of the Council of Ministers for Sustainability, Nature and Functions Article 71.-Create the Council of Ministers for Sustainability, chaired by the Minister of the Environment and made up of the Ministers of Agriculture; Finance; Health; Economy, Development and Reconstruction; Energy; Public Works; Housing and Urban Planning; Transportation and Telecommunications; Mining, and Planning. In case of absence or impediment of the President, this will be replaced by the Minister who corresponds according to the order established in the previous paragraph. The functions and powers of the Council shall be: a) Propose to the President of the Republic the policies for the sustainable management, use and use of renewable natural resources. b) Propose to the President of the Republic the criteria of sustainability that must be incorporated in the elaboration of the policies and processes of planning of the ministries, as well as in that of its 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 protected coastal marine areas of multiple uses. d) Propose to the President of the Republic the sectoral policies that must be subjected to strategic environmental assessment. (e) To decide on the criteria and mechanisms under which citizens ' participation in the Environmental Impact Declarations, as referred to in Article 26 of Law No 19.300, on General Basis of the Middle Environment. (f) To decide on the draft laws and administrative acts proposed to the President of the Republic, regardless of the Ministry of Origin, which contains environmental standards as set out in Article 70. Article 72.-The Council of Ministers for Sustainability will hold sessions when the President calls it. The quorum for sesionar shall be six members and the agreements shall be adopted by the absolute majority of the assistants. In the event of a tie, the vote of the President or the replacement shall be decided by the Minister. The Council in its first session will determine the rules for its operation. The Council shall meet at least twice a year. Article 73.-The Council of Ministers for Sustainability will be able to meet at the premises of the Ministry of the Environment, which will provide the material means for its operation. The Council will have the support of an official of the Ministry of the Environment, proposed by the Minister of the Industry and approved by the Council, who will act as Secretary of the Ministry, corresponding to the lifting of the respective sessions. The agreements of the Council of Ministers for Sustainability, which must be implemented through administrative acts which, according to the legal order, must be issued through a Secretariat of State, will be issued through the Ministry of Environment. The agreements of the Council of Ministers for Sustainability will be mandatory for the State Administration agencies to which they are directed, incurring administrative responsibility for the officials who do not comply with the regulations. . Paragraph 3 of the organization Article 74.-The organization of the Ministry shall be as follows: (a) The Minister of the Environment. (b) The Undersecretary. (c) Regional Regional Secretariats of the Environment. (d) The National Advisory Council and Regional Advisory Councils. A regulation will determine the thematic distribution in the divisions of the Ministry, in accordance with the Law No. 18,575, Constitutional Organization of General Bases of the State Administration, whose text has been recast, coordinated and systematised has been fixed by decree with force of law No. 1, 2001, of the Ministry General Secretariat of the Presidency, which will have to contemplate at least the following subjects: Environmental Regulation; Information and Environmental Economy; Education, Participation and Local Management; Natural Resources and Biodiversity; Climate Change and Compliance with International Conventions, and Planning and Management. Article 75.-In each region of the country there will be a Ministerial Secretariat, technical and administratively dependent of the Ministry of the Environment, and subject to the rules of Law No. 19.175, Constitutional Organic on Government and Regional administration, whose consolidated, coordinated and systematized text was established by the decree with force of law No. 1, 2005, of the Ministry of the Interior. It shall be the responsibility of the Ministry of Education, in particular to the Regional Ministry of Education, in one or more regions: (a) to exercise the powers of the Ministry referred to in Article 70. b) To advise the Regional Government on the incorporation of environmental criteria in the preparation of the Regional Development Plans and Strategies. c) To collaborate with the respective municipalities in the field of environmental management, Eliminated with the 4th Paragraph 4 of the Advisory Councils. Article 76.-There will be a Consultative Council of the Ministry of the Environment, chaired by the Minister of the Environment and composed of: a) Two scientists, proposed in quina by the Council of Rectors of the Chilean Universities. (b) Two representatives of non-governmental non-profit organizations which have as their object the protection of the environment. (c) Two representatives of independent academic institutions studying or dealing with environmental matters. d) Two representatives of the business sector, proposed in quina by the most representative business organization in the country. e) Two workers ' representatives, proposed in quina by the trade union organization of greater representativeness in the country. f) A representative of the President of the Republic. Members shall be appointed by the President of the Republic for a period of two years, which may be extended for one time. A regulation shall establish the functioning of the Council. Article 77.-Corresponding to the Advisory Council to acquit the consultations that the Ministry of the Environment and the Council of Ministers for the Sustainability, to issue opinions on the preliminary draft laws and decrees that will fix standards of environmental quality, preservation of the nature and conservation of environmental heritage, prevention and decontamination plans, special emission regulations and emission standards that are subject to their knowledge. It may also act, on its own initiative, on environmental issues of general interest and exercise all other functions entrusted to it by the Ministry and the law. Article 78.-In each region of the national territory, there will be a Regional Advisory Council on the Environment, composed of: (a) Two scientists. (b) Two representatives of non-governmental non-profit organizations which have as their object the protection or study of the environment. c) Two representatives of the business sector. (d) Two workers ' representatives. e) A representative of the Minister of the Environment. The members will be appointed by the Mayor on the proposal of the Regional Minister of the Environment, after consulting the most representative organizations or trade unions in the region. In the case of scientists, these will be proposed by the universities or professional institutes established in the region, if they do not, they will be freely designated by the Regional Mayor. The members shall last for a period of two years, which may be extended for one time. A Regulation will establish the functioning of these Councils. It will be up to the Regional Advisory Council to acquits the Intendant, the Regional Government and the Regional Minister for the Environment. It may also decide, on its own initiative, on environmental issues of interest and exercise all other functions entrusted to him by the Ministry and the law. 5th Paragraph Of The Staff. Article 79.-The personnel of the Ministry will be affected by the provisions of the decree with force of law No. 29, 2005, of the Ministry of Finance, which fixes the recast, coordinated and systematized text of Law No. 18,834, on Statute Administrative, and in matters of remuneration, to the rules of Decree Law No. 249, of 1974, and its complementary legislation. Article 80, paragraph 6 of the Environmental Assessment Service.-Create the Environmental Assessment Service as a functionally decentralized public service, with legal personality and its own patrimony, and subject to the President's supersurveillance of the Republic through the Ministry of the Environment. Its domicile will be the city of Santiago and will be dislocated territorially in accordance with the provisions of this law. The Service will be affected by the System of High Public Management established in Law No. 19,882. Article 81.-Corresponding to the Service: (a) Administration of the Environmental Impact Assessment System. b) Administer a system of information on permits and authorizations of environmental content, which must be open to the public on the website of the Service. c) Administer a system of information of the bases of the projects submitted to the Environmental Impact Assessment System, public access and georeferenced. (d) Uniform the criteria, requirements, conditions, antecedents, certificates, formalities, technical requirements and environmental procedures laid down by the ministries and other bodies of the competent State, by means of the establishment, among others, from guides to processing. e) Propose the simplification of procedures for environmental assessment or authorization processes. f) Manage a public register of certified consultants for the implementation of Environmental Impact Statements or Studies which must contain at least the name or social reason, in case of legal persons their representative legal, domicile and information relating to your areas of expertise. Such registration shall be of an informative nature and the regulation shall define its form of administration. (g) administratively interpret the Environmental Rating Resolutions, prior to the report of the agencies with competence in the specific matter involved in the evaluation, the Ministry and the Superintendence of the Environment, according to corresponds. Where the instrument referred to in the preceding subparagraph contains standard aspects subject to the administrative interpretation powers of the respective sectoral body, the requested report shall be binding on the Ministry in question. relationship to that matter. (h) Encourage and facilitate citizen participation in the evaluation of projects, in accordance with the law. Article 82.-The administration and senior management of the Service shall be in charge of an Executive Director, who shall be the Senior Head of the Service and shall have its legal representation. Article 83.-The Executive Director shall be responsible for the following tasks: (a) The higher administration of the Service. (b) to require the State agencies to provide information and records which it considers necessary and which relate to their respective spheres of competence. c) Designate and recruit staff, and put an end to their services. (d) To conclude the conventions and to implement the necessary acts for the fulfilment of the purposes of the service. (e) in the performance of their duties, to acquire and manage movable property, as well as to conclude the acts or contracts that are necessary for such compliance. (f) To know the claim of complaint in accordance with the provisions of Article 20 of this Law. (g) Delegate part of his duties and privileges to officials of the Service, except in the matters mentioned in the preceding letter. (h) Judicial and extrajudicial proceedings to the Service and confer power to lawyers entitled to the exercise of the profession, even if they are not officials of the Service, with the powers of both points of Article 7 of the Code of Civil Procedure. Article 84-The Environmental Assessment Service will be territorially unfocused through the Regional Environmental Assessment Directorates. In each region of the country there will be a Regional Director, who will represent the Service and will be appointed by the Executive Director, through the System of High Public Management. 85.-The patrimony of the Service shall consist of: (a) the resources assigned to it annually in the Budget of the Nation or in other general or special laws. (b) movable and immovable property, body or incorporated, which is transferred or acquired to any title. c) The contributions of the international cooperation that it receives for the fulfillment of its objectives, to any title. d) The inheritances and legacies that you accept, which you will have to do with the benefit of inventory. Such hereditary allowances shall be exempt from any kind of tax and any charge or payment affecting them. Article 86.-The projects will be qualified by a Commission chaired by the Mayor and composed of the Regional Secretaries 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 Director of the Service, who will act as secretary. The Regional Environmental Assessment Directorates will form a technical committee composed of the Regional Minister of the Environment, who will chair him, and the Regional Director of Environmental Assessment, the regional directors of the public services which have competence in the field of the environment, including the relevant Maritime Governor, and the Council of National Monuments. This committee shall draw up a draft assessment report for each project, which shall be free of access to the parties concerned. Article 87.-The personnel of the Service will be affected by the provisions of the decree with force of law No. 29, 2005, of the Ministry of Finance, which fixes the recast, coordinated and systematized text of Law No. 18,834, on Administrative Statute and in the field of remuneration, to the rules of Decree Law No. 249 of 1974 and its complementary legislation. Article 88.-All the time limits laid down in this law shall be working days, on the understanding that they are not working on Saturday, Sunday and public holidays. Article 91 °.-(DELETED) Article 92 °.-(DELETED) TRANSITIONAL ARTICLES Article 1 °.-The environmental impact assessment system which regulates Paragraph 2 ° of Title II of this Law shall enter into force once published in the Official Journal of the Regulation as referred to in Article 13. Article 2 °.-The Regional Comsions of the Environment, with the exception of that corresponding to the Metropolitan Region, will be considered within the maximum period of one hundred and eighty days, counted from the vigencyata of this law. As long as they are not established, the National Environment Commission will assume the functions that correspond to the environmental impact assessment system. The Regional Environment Committee of the Metropolitan Region shall be constituted within the maximum period of two years from the date of publication of this law. As long as he does not take office, the Metropolitan Region's Special Pollution Commission shall exercise the functions that it functions. Once the Regional Environment Committee of the Metropolitan Region has been established or the deadline indicated in the previous paragraph has expired, Article 84 of this Law will enter into force and the Special Commission will be dissolved automatically. Decontamination of the Metropolitan Region. Article 3.-For the purposes provided for in Article 48, the National Committee on the Environment, within a period of one year after the enactment of this law, shall submit to the President of the Republic the technical study for the formulation of the bill to regulate transportable emission permits. Article 4 °.-The greatest fiscal expenditure representing the implementation of this law during 1994 will be financed from the budget currently provided for in the 1994 Budget Law for the Technical and Administrative Secretariat of the National Commission. of the Environment and, in what I will not achieve, under item 50-01-03-25-33.104 of the Public Treasury of the Budget Law for 1994. The President of the Republic, by supreme decree issued by the Ministry of Finance, with the budgetary allocations indicated above, will create the respective chapter of revenue and expenditure of the Commission's budget. National of the Environment. Article 5.-During 1994, the limitation referred to in Article 9 (2) of Law No 18,834 will not be governed by the National Environment Committee, and its maximum allocation is fixed in 90 posts.-Article 6 Article 3.-shall apply within 90 days of the publication of this law. Article 7 °.-At the date of enactment of this law, the National Environment Commission created in its Final Title shall be, by the sole ministry of law, the continuator and legal successor in all goods, rights and obligations which correspond to the Ministry of National Goods by virtue of the administrative acts or contracts issued or signed on the occasion of the Supreme Decree No 240 of 5 June 1990, which is set up by the National Committee on the Environment and regulates its functions, as amended by Supreme Decree No 544 of 9 October 1991, both of which Minister "." Having complied with the provisions of Article 82 of the Constitution 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, March 1, 1994.-PATRICIO AYLWIN AZOCAR, President of the Republic.-Ricardo Solari Saavedra, Secretary General of the Presidency of the Subrogante Republic.-Luis Alvarado Constenla, Minister of National Assets. What I transcribe to you for your knowledge.-Salute to you-Ricardo Solari Saavedra, Under Secretary General Secretariat of the Presidency. The Secretary of the Constitutional Court, who subscribes to certify that the Honorable Senate sent the bill enunciated in the rubric, approved by the National Congress, in order to that the Court exercised the control of its constitutionality, and that by judgment of 28 February 1994, it stated: 1 that Article 49 of the draft is unconstitutional, and must therefore be deleted from its text, as well as the heading which precedes. The phrase "and those laying down special regulations governing in the case of an environmental emergency", contained in Article 50 of the draft; and the phrase "and the application of special regulations in case of emergency" of the first subparagraph of Article 51 of the draft, they are also unconstitutional and should be deleted from their text. 2. That the rules laid down in Articles 23, second paragraph; 51-except in the part that it says "and the application of special regulations in cases of emergency"-; 61, point 1; 63, second indent; 65, second; 70, third indent; 72, first paragraph; 78; 79; 81; 82 and 83, of the draft law referred to, are constitutional. 3. That article 51 of the draft is declared constitutional in the understanding of the provisions of paragraph 8 of this judgment. 4. That it is not for the Court to rule on Articles 55; 57; 59; 60; 61, second indent; 62, letter (a) and final indent; 63, first and third; 66, 70, first and second; 71; 72, second 73; 74; 75; 76; 77; 80; 84; 85; 86 and 87, of the draft, to deal with matters that are not their own constitutional organic law. 5. That the Court does not rule on Articles 48; 62, first, second, letter (b) and (c) and third; 65, first; 88; 89 and 90 of the draft, on the ground that they have been approved without counting in both chambers with the special majorities of the Article 63, second paragraph, of the Political Constitution of the Republic.-Santiago, February 28, 1994.-Rafael Larraín Cruz, Secretary.