Mining Royalty Working Group: 20 measures to reduce processing times for mining permits

The public-private working group, created with the Mining Royalty Law, was given the task of improving the mining permit process. 

In this context, the working group has proposed 20 measures to reduce permit processing times for mining investment projects in Chile. 

Review the proposed measures below. 

Review and update regulations for the approval of design, construction and operation projects, as well as the closure of tailing deposits 

To improve Mining Ministry regulations in order to authorize projects that include the evaluation and approval of tailing deposits by the National Geology and Mining Service (SERNAGEOMIN). 

Issue resolutions to define the scope of external experts to review construction permits (established in art. 307 ter of the Water Code) 

To issue resolutions to define the scope of external experts, established by article 307 ter of the Water Code, in order to make the granting of permits more efficient. 

Establish a working group between DGA, DIFROL and DOH to simplify the processing of declarations regarding permits granted by DGA

To establish a working group in order to simplify and set deadlines for the processing of declarations by the National State Borders and Boundaries Department (DIFROL) and the Hydraulic Works Department (DOH) regarding permits granted by the General Directorate of Water (DGA). 

Identify and analyze procedures related to investment projects within the framework of the Service Quality and User Experience System 2024 

Within the framework of the Service Quality and User Experience System of the Management Improvement Program 2024, participating institutions have committed to identifying the procedures related to investment projects (particularly mining) and including statistics on procedure processing times and stock in order to diagnose gaps in service quality and user experience. 

Implement modernization projects in institutions responsible for processing permits for investment projects, in order to review processes and design and implement improvements with the technical and financial support of the State Modernization Undersecretary’s Office 

To design and implement modernization projects to review the institutional processes of the National Cultural Heritage Service, the Armed Forces Undersecretary’s Office, the General Directorate of Water, the Environmental Assessment Service and the National Assets Ministry; and to design and implement improvements in the processing of permits for public and private investment projects in order to reduce processing times and improve customer service. 

Modify the Mining Safety Regulations to simplify the processing of permits for producers of less than 1,000 tons per month and to standardize processes 

To modify Supreme Decree 132/2022 on Mining Safety Regulations, so that producers of less than 1,000 tons per month can commence their projects by presenting relevant data and a safety plan. This measure includes standardization of the process for presenting and evaluating technological pilot projects, and the generation of a definition of the “pilot” concept, based on analysis dimensions associated with mining safety, including variables such as leak, impact, fire and toxicity. 

Implement improvements in SERNAGEOMIN permit granting processes with a focus on the simplification and design of an online permit platform

To implement systems, guidelines and new processes and practices, and to evaluate when and how they should be used and applied. Additionally, to form a Single Application Processing Platform to simplify processes. 

Evaluate and propose the development of mining waste evaluation guidelines or modification of the regulations (as appropriate), based on the recommendations of a working group made up of the Mining, Environment and Health ministries 

To evaluate and propose the development of mining waste evaluation guidelines (sectoral instrument or environmental evaluation guidelines if defined by the working group described below) or modification of the regulations (as appropriate), based on the recommendations of an intersectoral working group made up of the Mining, Environment and Health ministries. 

Strengthen and update general regulations for the granting of permits in the SEIA (including relevant consultations) 

Includes actions to modify article 110 of the Environmental Impact Assessment System (SEIA), making it obligatory to issue procedure guidelines for each sectoral environmental permit from the Environmental Assessment Service (SEA) and the State Administration Body with Environmental Competence (OAECA). 

Integrate more critical permits into the unified sectoral permits platform to facilitate the centralized traceability of permit requests 

To advance in integrating 380 sectoral authorizations and 37 services into the Unified Permit System (SUPER). 

SUPER is a state-run digital platform that functions as a single portal to process all the sectoral permits that an investment project requires for approval in a digital and centralized manner, allowing progress to be followed by all state administration bodies through which a permit is being processed. 

Analyze the process of granting easements and propose administration improvements, under the remit of a working group made up of the Mining and National Assets ministries

To analyze the process of granting easements and propose administration improvements, based on the recommendations of an intersectoral working group made up of the Mining and National Assets ministries. 

Implement improvements in the baseline information system for public access and georeferenced projects (SEA function art. 81c of Law No. 19.300) 

Including:
To implement a new computer system to support the processing of projects submitted for environmental assessment, in order to integrate them with geographic information technologies that allow interoperability and better data capture for analysis in a data warehouse, and to prepare them for subsequent analysis using data science. 

To expand and update layers of geoinformation that allow for efficient review and evaluation processes in baseline, archaeological information, and interactive project maps, in order to visualize their location and area of influence. 

Innovate in the processing of building permits and the final acceptance of works, focused on large investment projects with the technical support of the Government Laboratory 

To modernize the administration of building permits and the final acceptance of works, with a focus on large investment projects, in order to simplify and expedite processing times, providing certainty to those involved. 

Modify the regulations for archaeological, anthropological and paleontological excavations and/or surveys to rationalize and standardize intervention criteria 

To modernize the regulations for archaeological, anthropological and paleontological excavations and/or surveys, in order to rationalize and standardize intervention criteria. 

Submit a reform to Law No. 19.300 in National Congress to improve the process of evaluation and assessment of the environmental impact of investment projects 

To submit a reform to Law No. 19.300 in National Congress to improve the process of evaluation and assessment of the environmental impact of investment projects, considering the following measures: 

• Changes of non-consideration to projects with Environmental Assessment Resolution (RCA) may be informed through a declaration, which does not require waiting for a response from the authority to execute these changes. 
• Modernize the assessment of projects and create due opportunities for political decisions: elimination of the Evaluation Commission (COEVA), transferring assessment to SEA Regional Directorates; make early announcements of territorial compatibility, policy relationships, and plans and instruments with Strategic Environmental Assessment (EAE). 
• Establish a single and broad administrative resource model for all stakeholders within a limited period, with a rule of negative silence, which assumes a request to have been denied when it is not resolved within the legal period. 
• Eliminate the Committee of Ministers, placing the administrative claim resource in the hands of the SEA Executive Directorate. 

Submit the Draft Framework Law for sectoral authorizations (Intelligent Permit System) for processing in the National Congress 

Submit the bill for legislative processing, which includes: 

• Proportionality in the granting of permits. 
• Establish processing mechanisms differentiated by risk (thresholds). 
• Define and establish governance to administer the single portal for sectoral permits, propose measures and ensure adequate coordination of the stakeholders involved in the processing of permits. 
• General rules for processing sectoral permits: deadlines, admissibility exams, regulation of iterations, etc. 

Submit amendments to the bill to reform maritime concession permits to National Congress 

Amendments will be submitted to the bill to reform maritime concession permits, currently in the second constitutional process in the Senate (Bulletin 8.467-12) to reduce processing times in a process that currently faces a high level of delay. 

Submit improvements to cultural heritage legislation in National Congress to strengthen the service and modernize the permits under the remit of the National Monuments Council 

To update cultural heritage legislation in order to strengthen the service and modernize the permits under the remit of the National Monuments Council (CMN), which will reduce processing times. 

Expedite the processing in National Congress of amendments to the bill to modify the General Urban Planning and Construction Law regarding deadlines and sanctions for non-compliance 

To expedite the processing of amendments to the bill to modify the General Urban Planning and Construction Law regarding deadlines and sanctions for non-compliance (Bulletin No. 15.543-14), incorporating standards defined in the review of projects. 

Implement and execute the fund to process delays in prioritized institutions 

To administer treasury funds to process pending permits (stock) contained in the 2024 Budget Law, defining criteria for selecting institutions and procedures, as well as mechanisms for monitoring and evaluating results to allow action to be taken in relation to the responsible institutions and their permit processes.