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Law N° 20,600 of Environmental Tribunals.

In the Official Gazette N° 40,299, dated June 28th, 2012, Law N° 20,600 — which creates the Environmental Tribunals — has been published. As a result, starting from the date of this publication all references contained in Law N° 19,300 of “Bases Generals del Medio Ambiente” (the Environmental Law) must be understood as a reference to the Environmental Tribunals created by Law N° 20,600.

In what it is most relevant to us, let’s remember that Law N° 19,300 is not applicable to marine pollution, which is regulated by the Law of Navigation and other pertinent provisions (article 51 of Law N° 19,300). As a result, the provisions dealing with the civil liability resulting from environmental damage contained in Law N° 19,300 do not derogate the civil liability provisions on marine pollution. Also, neither this Law N° 20,600 nor Law N° 19,300 modify the International Conventions in respect of which Chile is a State Party. In this, we basically make reference to CLC 1969 and it’s Protocol of 1992 (CLC 92), the latter applicable to marine pollution resulting from tanker vessels carrying oil in bulk as cargo.

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