Chile tweaks proposed environmental review reform

A new technical committee would hear appeals in environmental review processes in Chile rather than the current ministerial committee, according to a modification proposed by the executive in its bill to reform the system (SEIA).

Under the original text, the appeals committee would have been scrapped entirely without a replacement but it drew mixed reactions from private sector players, the head of the environment evaluation unit of the environment ministry (MMA), Sebastián Aylwin, said during a senate hearing.

As the ministerial committee was criticized for allegedly being too political in its decisions, it will be replaced by a five-member entity dubbed the environmental reclamation council.

This new council will be led by the head of environmental review service SEA, while the other four members will be appointed by the president.

However, and to prevent one government from appointing all members within their four-year terms, the councilors will have six-year terms that will be arranged so that only three seats can be refilled during a specific administration, since Chile does not allow immediate presidential reelection.

The indication also says that the council will have a three-month deadline to review appeals involving environmental impact assessments (EIAs) and six months in the case of environmental impact studies (EISs).

If the council fails to rule on an appeal by the deadline, the appeal will be considered rejected by default, Aylwin told lawmakers.

Other modifications sent by the executive include widening the criteria to declare a project urgent, which would shorten its environmental evaluation time by as much as 50%.

“The idea is that [SEA’s] executive director can declare the urgency,” Aylwin said, though he added that other competent bodies could also make the declaration in certain cases when SEA is too burdened. 

The SEIA reform and an overhaul to sectorial permits are contained in two bills that both the executive and congress have pledged to pass this year to shorten review times.