Fraccionamiento de proyectos: Una aproximación diferente a sus requisitos y su control por los órganos administrativos

Abstract

The Sistema de Evaluación de Impacto Ambiental (SEIA) is a mechanism to collect and analyze data to predict and assess the environmental impact of a project, to gauge if they will be significant and to act in advance of its realization. This mecha-nism and its objective can be frustrated if a project is divided, and this results in evading its environmental assessment, totally or partially. In this paper, along with developing my understanding of ‘project splitting’ in its broader framework, I intend to answer two questions that I consider to be among the most important on this subject. Under the premise that ‘project piecemealing’ is inextricably linked to the SEIA, but that its use must be confined to the repressive context, I will explain what its requirements should be and I will defend that the standard of proof to have it proven is that of ‘preponderant probability’. Then, regarding the SEIA framework, in the preventive context, I will uphold that the Chilean Environmental Assessment Service has the power to control part of its objective element, without invading any power of the Chilean Superintendence of the Environment.