The Executive Proposes Reforms in Environmental Matters

According to the presentation message of the Draft Bill, the main amendments to environmental laws are:

1. Amendments to the Law for Control of Burning, allowing producers to carry out firebreaks and preventive actions currently prohibited by law.
2. Amendments to the Native Forest Law, allowing the National Fund for the Enrichment and Conservation of Native Forests to receive direct funding from the federal budget and seeking the simplification of the procedures for exploiting forests in areas commercially authorized for it.
3. Amendments to the Glacier Law, allowing—with the required environmental reports—the authorization of economic activities in the periglacial area.

Below, we summarize the main provisions of the Bill within its chapter on environmental matters (Chapter III, Title VI).

 

1. Amendments to Law 26562 on minimum environmental protection standards for controlling burning activities

The Bill introduces the definition of "productive exploitation" as any activity that has a profit-making purpose and no relation to the environmental protection of the land.

Further, it specifies that authorization for any burning activity must be expressly granted within a maximum period of 30 working days as from its the request. If the competent authority does not issue express authorization within this period, the burning activity will be considered to have been tacitly authorized.

 

2. Amendments to Law 26331 on minimum environmental protection standards for the enrichment, restoration, conservation, use, and sustainable management of native forests

The Bill circumscribes the strict compliance with the provisions on public participation (in articles 19, 20, and 21 of General Environmental Law 25675) as a requirement for authorizing native forest clearance projects, exclusively to projects included in categories I (red) and II (yellow), excluding those categorized as III (green).

The obligation to comply with the provisions on environmental public information (specified in articles 16, 17, and 18 of the General Environmental Law 25675) and to take measures to guarantee access to information for indigenous communities, native populations, rural communities, and other related groups is eliminated.

The composition of the National Fund for the Enrichment and Conservation of Native Forests is modified. Instead of being financed with 0.3% of the federal budget and 2% of the total withholdings on exports from the agricultural, livestock, and forestry sectors, it will now be financed through the annual budget allocation determined by the Executive Branch.

 

3. Amendments to Law 26639 on minimum standards for the preservation of glaciers and the periglacial environment

The Bill delimits the protection of Law 26639 to uncovered and covered glaciers and, within the periglacial environment, to active rock or debris glaciers. The protection for active rock or debris glaciers applies if they meet each and all of the following conditions:

1. be included in the National Glacier Inventory
2. have a continuous lifespan of at least two years
3. have a size equal to or greater than one hectare
4. have an effective and relevant water function, either as a water reserve or recharge of hydrological basins.