On July 31, 2026, Exempt Resolution No. 4,157 of the Ministry of the Environment was published in the Official Gazette, approving a draft amendment to the Regulation of the Environmental Impact Assessment System (“SEIA”) and commencing its public consultation process.
The proposal seeks to update certain SEIA entry criteria and thresholds applicable to mining development and real estate projects.
Main aspects
I. Mining development projects
The proposal increases the SEIA entry threshold for mining development projects to an ore extraction capacity exceeding 40,000 tonnes per month.
It also expands the scope of the exemption allowing certain mining waste reprocessing and recovery projects to be excluded from the SEIA when carried out at operations that already hold a favorable and currently valid Environmental Qualification Resolution (“RCA”).
II. Mining exploration projects
The proposed SEIA entry thresholds for mining exploration projects would be increased to:
- 160 or more platforms in the regions from Arica and Parinacota to Coquimbo.
- 40 or more platforms in the regions from Valparaíso to Magallanes and Chilean Antarctica.
III. Real estate projects
For real estate projects located in latent or saturated zones, the proposal provides that only the intervened area of the property would be considered when determining the SEIA entry threshold applicable to projects covering more than 7 hectares.
The proposal also introduces an exemption for projects located in areas subject to a currently effective Atmospheric Pollution Prevention Plan or Atmospheric Decontamination Plan and that have an approved emissions offset program.
In these cases, projects involving less than 14 hectares of intervened land or fewer than 700 housing units would be excluded from SEIA entry.
Public consultation
The proposal will remain open for public consultation until September 11, 2026.
During this period, any individual or legal entity may submit reasoned comments through the electronic platform made available by the authority or in writing to the Ministry of the Environment or the corresponding Regional Environmental Secretariats.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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