On February 1, 2024, Decree No. 30/2023 was published in the Official Gazette, approving modifications to Decree No. 40/2012, which establishes the Regulation of the Environmental Impact Assessment System (RSEIA). As a result, the modifications to the RSEIA come into effect and will be applicable to new proponents of Declarations or Environmental Impact Studies.

The same decree indicates that the objective of the modification to the RSEIA is to "incorporate the variable of climate change in the assessment of projects or activities subject to environmental evaluation, as well as in the review of the Environmental Qualification Resolution. Additionally, it aims to ensure effective community participation, reducing information gaps and promoting timely, open, and inclusive participation in the environmental assessment process" In this sense, the purpose is to align the RSEIA with Law No. 21.455 on Climate Change Framework regarding mitigation and adaptation to climate change and, in accordance with the Escazú Agreement, in relation to participation and access to information.

Some of the modifications to the RSEIA include:

1. New Concepts: Introduces and defines the concepts of "Participatory Monitoring" and "Citizen Observation."
2. Climate Change Factor: States that Environmental Impact Assessments (EIA) or Declarations of Environmental Impact (DIA) must consider the adverse effects of climate change on various environmental components.
3. Modification of Minimum Content for DIA and EIA: Adds the requirement to submit a summary of DIA and EIA, which must be self-sufficient and written in a simple, direct, and easily understandable language for the public.
4. Duty to Inform: Includes the obligation for competent State administration bodies to provide well-founded information if the project or activity is related to climate change management instruments for the defined area of influence.
5. Climate Change Management Instruments: Establishes the duty to review whether the project's design and its voluntary measures and commitments are compatible with the objectives, goals, and measures established in climate change management instruments.
6. Review of Environmental Qualification Resolutions (RCA): If, during the project execution, the evaluated variables deviate substantially from the projected ones, or if an impact initially deemed non-significant becomes significant, a review is required. This also applies when the substantive variation occurs due to climate change.
7. Environmental Loads and Nearby Communities: For analyzing projects or activities generating environmental loads for nearby communities, these are considered to be those located or making use of the area where impacts occur, expanding the eligibility for citizen participation.
8. Extension of the Deadline for Citizen Participation in DIA: The period for citizen organizations or individuals to submit requests for citizen participation in the DIA processing is extended to 30 days.

For additional information on this matter, please contact: Javier Naranjo, jnaranjo@jdf.cl; Martín Esser, messer@jdf.cl; María Paz Valenzuela, mpvalenzuela@jdf.cl.

[1] Supreme Decree No. 30 approving the modification to Supreme Decree No. 40, 2012, of the Ministry of the Environment, which establishes the Regulation of the Environmental Impact Assessment System, dated August 22, 2023. Consideration 10.