Capacidades a flor de piel: Rosmery Rebolledo

3.1.1 National Constitution of the Chilean State

The Chilean Constitution, which is the fundamental chart of the country, sets out in its Article 19, Number 8, the right of its national citizens to live within an environment free of contamination.

Based on this principle, the Chilean State has produced some specific regulations in order to comply with the requirement of this legal instrument.

Within the maritime scope, there are five principal regulations associated with marine environment preservation as follows:

• Basis of Environment Law.

• Law of Navigation.

• Control of Aquatic Pollution Regulation.

• Assessment of the Environmental Impact System Regulation.

• Environmental Quality Rules and Emission Regulation.

3.1.2 Basis of Environment Law

The Law of Basis of Environment, which entered into force the 9th of March 1994, is considered the principal environmental legal instrument of the country.

This legal instrument considers among other aspects the following:

• The Assessment of the Environmental Impact System must be applied to all those projects or activities within the public or private sector, in order to guarantee the economic development of the nation, considering within all its processes the social equity and environmental protection.

• The educational process, through the different levels, must ensure the transmission of knowledge linked to modern concepts of environmental protection, with the aim of understanding environmental problems.

3.1.3 The Law of Navigation.

The Law of Navigation, which entered into force the 21st of May 1978 and was passed by Supreme Decree Number 2222, considers in its Title X the contamination of the aquatic environment at sea and navigable rivers and lakes under national jurisdiction in accordance with Articles 142 to 163.

With regard to Article 142, it is important to emphasise its content, because in this section was set up the prohibition of throwing ballast and scraps and spilling petroleum or its derivatives or waste products. Also, it is forbidden to throw mineral waste or other harmful substances which may cause damage or detriment to waters under national jurisdiction and in ports, rivers and lakes.

The Law of Navigation also establishes the function of maritime authority with the General Director of the General Directorate of Maritime Territory and the Merchant Marine.

As maritime authority, the General Director must supervise, apply and enforce all the national and international regulation that the Chilean State has adopted in relation to the aquatic environment, through the different organs set up within the organisation.

Also, the General Director has to sanction the contravention committed against the law.

3.1.4 Control of Aquatic Pollution Regulation

The Control of Aquatic Pollution Regulation, passed by Supreme Decree Number 1 and entering into force the 6th of January 1992, considers six principal parts which are dedicated to general regulations, vessels, maritime and terrestrial terminals, industrial works, nuclear ships and transport of radioactive substances and fines. It also considers other measures which are applicable in case of violation to this regulation.

This legal instrument not only considers the main problem on board ships in relation to aquatic pollution but also considers through its legal text the land sources of pollution, particularly in its Article 135 which establishes the following:

"The regulations of the present title will be applicable to those establishments, works or" "activities, whenever products or goods are extracted, obtained, gathered up, processed," "elaborated, manufactured, exploited, etc., in which material or energy discharges," "coming from these functions may be dumped, directly or indirectly, into waters under" "national jurisdiction".

Finally, the same legal instrument establishes within its Title VI the sanctions and fines applicable according to the following criteria:

• Minor spill, discharge or dump:

It is considered as such, when there are less than 5 cubic meters of hydrocarbons or mixture of hydrocarbons.

It is also considered as such, when the situation is related with other different substances and when the situation is considered as a slight danger, which means that the harmful effects derived from the contaminated waters can be eliminated in a period of less than 12 hours of when the situation started.

• High spill, discharge or dump:

It is defined as such, when there is more than 500 cubic meters of hydrocarbons or mixtures of hydrocarbons.

It is also considered as such, when there is another different substance and its effects are considered as a serious danger, which means that the harmful effects coming from the contaminated waters are connected to the following factors:

High toxicity

Fire risk or exploitation

Proved destruction of the fauna and flora Damages within the littoral

Harmful effects occuring in a protected or special area

3.1.5 Assessment of the Environmental Impact System Regulation

The Assessment of the Environmental Impact System Regulation, passed by Supreme Decree Number 30 which entered into force the 27th of March 1997, is a regulation derived from the Basis of Environment Law.

The present regulation validates the Paragraph 2, Title II of the Basis of Environment Law in the sense of defining projects which are sensitive to causing environmental impacts in relation to their nature and dimensions.

Also, it establishes norms about the environmental impact declarations in each case, according to the effects, characteristics and circumstances of each project.

Moreover, this regulation rules about the mitigating measures and compensations that must be considered within the project in relation to the adopted actions against the negative environmental impacts.

3.1.6 Environmental Quality Rules and Emission Regulation

The Environmental Quality Rules and Emission Regulation, which also comes from the Basis of Environment Law, set up procedures that must be followed to generate, validate or update the technical norms in connection with environmental quality aspects.

These environmental quality aspects are required from the competent sectarian authorities in order to carry out an efficient control work of the discharges or emissions of contaminated substances in sea, air and earth which come from different sources. In relation to the marine environment, the application of the present regulation has permitted the establishment of the so-called “Discharge of Liquid Residues to Superficial Waters Rules”emission rules.

The Discharge of Liquid Residues to Superficial Waters Rules establish the maximum limits of concentration of the different pollutant parameters that normally are discharged into the aquatic environment such as oil, lead, mercury, and cadmium.