Skip to main content

Table 3 Legal restriction standards which affects the rational use of inland wetlands in Chile, applicability (A) in terms of how and what affect to wetlands, hierarchy (J) and restriction value (RV) of each legal standard and total restriction value

From: Legal protection assessment of different inland wetlands in Chile

Legal standard

Standard objective

How affect

What affect

A

J

RV

Act N° 18,248 Mining Law

Property acquisition of a mining concession enables to request the mining right’s constitution and water right ownership. Written permission by governor is required for mining operations at lower distance than 50 yards in flood barriers, waterways, and lakes for public use.

Intervention to wetland systems, which may completely affect structure

Every type of wetlands (rivers) and lakes

3

3

6

Act N° 20,256 Standards for recreational fishing

Development of recreational fishing activity, and the economic and associated tourist activities.

Introduction of alien species affects biodiversity and system as a whole

Rivers and lakes

3

3

6

Act N° 11,402 Barriers and standardization of banks and river flows

Barrier works as well as standardization of banks and beds of rivers, lagoons and tidelands carried out with legal involvement can only be executed and planned by sanitary authorities of Public Works Ministry.

Regularization of channels and gravel mining extraction affecting the aquatic system structure

Rivers, lakes, and streams

3

3

6

Extraction of gravel and sand from beds of rivers and streams should be carried out with municipality permits, which may charge duties or subsidies.

Act N° 18,450 Rules for private irrigation and drainage development

Cost analysis benefits, construction, and rehabilitation of irrigation as well as drainage works to enable agricultural soils with poor drainage.

Drainage of wetlands results in complete destruction system

Swamp forests, marshes, and swamps

3

3

6

DFL N° 235

Incentive system to degraded soil recovering, proposing regulation of channels as management practices.

Regulation of channels affects the aquatic system structure

Water flows (rivers)

3

2

5

DFL N° 701

Afforestation development to soil recovery, making economic exploitation available.

Forest development results in swamp forest destruction (replacement by exotic species)

Swamp forests

3

2

5

Decree N° 193 General standards

Assess lands suitable to forestry for quality forest development benefits, those corresponding to Ñadis soils.

Development of forest Ñadis soils results in destruction, affecting swamp forest (replacement by exotic species)

Swamp forests

3

1

4

DFL N° 701

Decree N° 98 Act N° 18,450

Defined as drainage of structures, elements, and tasks aimed to evacuate soil waters excess on surface or subsurface with restriction factor to culture development.

Wetland draining results in complete destruction of system

Swamp forests

3

1

4

TOTAL RESTRICTION VALUE

42

  1. DFL Decree with Force of Law.