Chilean Environmental Legislation and Regulatory Framework

Chile's Current Environmental Legislation

Chile has enacted various laws aimed at protecting natural resources—including forests, water, soil, flora, and fauna—as well as regulations focused on environmental health.

Key Environmental Regulations in Force

1. Political Constitution of the Republic

The Constitution is the fundamental law of Chile. It establishes the rules of the state and defines the principles of nationality and coexistence.

• The current Constitution was enacted in 1980.
• A Constitutional Court exists to review the constitutionality of laws passed by Congress.
• Article 1 (Section 4): States that the state is at the service of the human person and its purpose is to promote the common good.
• Article 19 (Section 8): Guarantees that all inhabitants have the right to live in an environment free of contamination.

2. Civil Code

The Civil Code is the most important regulatory body, divided into several titles:

• Title I: Preliminary Law
• Title II: Promulgation of Acts
• Title III: Effects of the Law

3. Organic Law 19,175: Regional Government Administration

(Official Journal of March 20, 1993)

This law defines the administrative structure:

• Regions: Led by an Intendant.
• Provinces: Led by a Provincial Governor.
• Communities: Led by a Mayor (Municipality).

Article 17 establishes the functions of the regional government:

• Establish policies and objectives for the comprehensive and harmonious development of human settlements.
• Participate in programs and projects for the endowment and maintenance of regional infrastructure.
• Foster and ensure the protection, conservation, and improvement of the environment.

4. Organic Constitutional Law 18,695: Municipalities

(Official Journal of January 11, 2000)

Municipalities are responsible for the following functions within their territory:

• Processing, approving, and modifying the community development plan, which must harmonize with regional and national plans.
• Planning and regulation of the commune, including the creation of master plans.
• Applying provisions regarding public transport and traffic.
• Implementing provisions regarding construction and urbanization.