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July 18th, 2023

SEA revokes unfavorable environmental rating and allows construction of project in Puyehue National Park

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BSVV represented Club Andino Osorno before the SEA in an administrative complaint requesting that the resolution of the Los Lagos Environmental Assessment Commission, authorizing the construction and operation of the "Refugio de Montaña Antillanca" project, located in the Puyehue National Park, be annulled.

Through the presentation of an administrative appeal, the Executive Direction of the Environmental Evaluation Service was requested to annul this qualification and, in its place, to issue a resolution that favorably qualifies the project, allowing its construction and operation.

In this regard, by resolution of July 6 of this year, the Executive Directorate of the Environmental Evaluation Service accepted in all its parts the administrative complaint filed, and determined that the unfavorable environmental qualification resolution should be amended, authorizing the construction and operation of the project, because it (i) is compatible with the Washington Convention and the Puyehue National Park Management Plan; (ii) it complies with the legal requirements to be granted the sectorial environmental permit of Article 160 of the Regulations of the Environmental Impact Assessment System, and (iii) the hypotheses established in Article 11 letters c) and d) of Law No. 19,300, related to the susceptibility of the project, were adequately ruled out. 300, related to the susceptibility of affecting indigenous communities and the Puyehue National Park.

On its resolution, the Executive Directorate of the Environmental Evaluation Service accepted in all its parts the administrative complaint filed, and determined that the unfavorable environmental qualification resolution should be amended, authorizing the construction and operation of the project.

PARTICIPATING LAWYERS

Claudia Ferreiro Vásquez

Claudia Ferreiro Vásquez

cferreiro@bsvv.cl
Esteban Carmona Quintana

Esteban Carmona Quintana

ecarmona@bsvv.cl
José Ignacio Vial Barros

José Ignacio Vial Barros

jvial@bsvv.cl
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