Atacama Chile
On February 12, 2018, Resolution No. 72 of the Superintendency of the Environment (SMA), dated January 17, 2018, was submitted for review. This resolution terminated the administrative sanctioning proceedings initiated against Compañía Minera Nevada SpA in relation to the Pascua Lama project. The resolution imposed more than 30 administrative sanctions on the company, five of which included the permanent closure of the Pascua Lama mining operation.
In October 2018, the Environmental Court of Antofagasta accepted one of the main infractions, thus approving the definitive closure of the operations.
In March 2019, the Supreme Court ordered a redo of the actions taken by the Environmental Court, and the case is now awaiting this review. The case will be evaluated by a different panel of judges, so the process could take several months.
On September 17, 2020, the First Environmental Court of Antofagasta confirmed the definitive closure of Pascua Lama and it was revealed that the condemnatory resolution would not be appealed.
The Environmental Court's ruling upheld the definitive closure of the project with respect to one of the five infractions issued against the company by the SMA. The other charges that mandated closure were rejected.
The violations issued by the SMA that resulted in closure orders included damage to streams through which water flowed, disruption of wetlands and other key ecosystems, failure to activate the Water Quality Response Plan that informed the community of changes in the river, discharges into the river that did not meet water quality objectives, and partial compliance with the commitment to monitor glaciers and small glaciers located in the mining project's area of influence. The Environmental Court upheld the last violation, related to glaciers.
Superintendence of the Environment (Chile).
Nevada Mining Company SpA
The Pascua Lama project consists of the open-pit mining of a deposit of gold, silver and copper minerals, which would be processed to obtain doré metal and copper concentrate.
The project negatively impacts the agricultural development of the area and the local economy of the entire Huasco Valley due to pollution and the depletion of water resources in a region already suffering from severe water scarcity. Specifically, it affects the Diaguita Huascoaltina community, which lives in the area where the project is located. Furthermore, the towns of Alto del Carmen, San Félix, and Freirina, as well as the population of Vallenar and neighboring communities, are also affected by toxic pollution and water shortages.
The Diaguita Huascoaltina community was particularly affected, as the company purchased a property that was in dispute with the community. The company closed the roads leading to the territory, thus violating the public nature of these lands, which stipulates the obligation to respect the free movement of people and animals. Furthermore, archaeological sites that constitute the historical heritage of the Diaguita people were damaged, among other things, by the construction of an airstrip by the company.
Normas
- Tratado Minero entre Chile y Argentina y su Protocolo.
- Acuerdo de Medioambiente de Chile con Argentina y su Protocolo sobre Recursos hídricos.
- Ley 19.300, sobre Bases Generales del Medio Ambiente.
- Ley Orgánica de la Superintendencia del Medioambiente.
- Ley 20.600, que crea los Tribunales Ambientales.
Principios
- Consulta.
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