Control and environmental compliance in Chile: major developments, challenges and pending tasks

Abstract

On 2010 it was enacted the Law 24.417 that created the Superintendence of the Environment (Superintendencia del Medio Ambiente, SMA), the same that was fully operational on December 28, 2012. The main design elements for this new agency were based on the outcomes of the Environmental Performance Review carried out by the Organisation for Economic Co-operation and Development (OECD) on 2005, included at the President's speech of 2008 at the moment of submitting the final bill for consideration. While there are evident advances on environmental enforcement matters compared to the coordination model implemented from 1994 to 2012 it is necessary to move forward towards increasing competences on the regional realm. This development's primary aims would be both to reduce conflicts of interest and to overcome the territorial imbalances showed in terms of the Decontaminating Plans in different urban areas of the country. At the same time, substantial legal improvements must be implemented to advance mechanisms for the compliance of the Restoration Plans and Self-Denounces, among other matters