This law refers to the definitions established in Law No. 19,300, on General Bases of the Environment. Considering that the concept of “environment” has an extended regulation notion, including environmental, social and cultural concepts, it’s natural to consider that this new mechanism is an opportunity for those who desire to implement preservation projects with relevant heritage consideration.
However, it’s important to consider that the protection given to the land within the contract is limited. Furthermore, this law indicates that (i) it is illegal for the owner of the land to stop, harm and obstruct the environment conservation right and (ii) this right will be considered as a first priority in comparison to other rights that have been agreed upon the land, afterwards1.
It is also important to bear in mind that the economic benefits obtained from this right must be standardized. Indeed, Law No. 20,930 establishes that this right does not allow its titleholder to receive the natural or civil products/results from the maintenance of the land, unless the parties decide it and settle it in the contract.
Concerning the Environmental Impact Assessment System (SEIA)2, nowadays, lands affected by this right, will not be considered as a protected area, which from a legal point of view, has important and relevant implications.
Neither was expected that the environmental authority would consider it so, because this right does not fulfill with the conditions to be considered as a protected area, particularly as to be determined under "official protection" by means of an "act issued by the authority"3.
2 Concerning the discussions made by the legislative authority, the former Minister of the Environmental Department, Mrs. María Ignacia Benítez, specified that this new mechanism wouldn't have any effects in the Environmental Impact Assessment system, because this right is a consequence of a private agreement between the parties involved and doesn´t belong to a public matter placed under official protection.
3 Art. 8, inc.5, D.S. 40 states “protected areas shall be understood as any territory, geographically defined and established by an administrative act from the competent authority, placed under official protection, with the purpose of ensuring the biological diversity, the protection the nature and its preservation or the environmental heritage”.
