TY - JOUR
T1 - Land use planning and climate change. Dogmatic and critical study of the Regional Land Management Plan in Chile
AU - Brochet, Benoît Delooz
AU - Moreno, Juan Enrique Serrano
N1 - Publisher Copyright:
© (2023), (Universidad de Chile. Centro de Derecho Ambiental). All Rights Reserved.
PY - 2023
Y1 - 2023
N2 - The Regional Territorial Planning Plan (PROT) is an administrative plan-ning instrument introduced in Chile in 2018 by Law No. 19,175, a constitutional organic law on regional government and Administration, whose national policy has been adopt-ed in 2021 and whose regulations are being drafted. Within the Chilean regionalization process framework, the legislator sought with the PROT to decentralize key administra-tive planning powers to the regions for sustainable development and the climate crisis. The instrument is regulated by a framework primarily composed of recently adopted legal bodies that have not been fully applied. This is mainly due to the recent climate variable introduction by the Climate Change Framework Law of 2022 in numerous ad-ministrative procedures. The introduction of this variable impacts the creation, adop-tion and implementation of the PROT, creating new duties for the Administration and making the procedures more complex. This study, based on the dogmatic and critical analysis of the set of rules that regulate the PROT, maintains that the absence of a stable and coherent regulatory framework and the possible increase in conflicts between pub-lic entities represent significant obstacles to the fulfilment of the objectives of the instru-ment regarding the prevention and mitigation of the effects of climate change.
AB - The Regional Territorial Planning Plan (PROT) is an administrative plan-ning instrument introduced in Chile in 2018 by Law No. 19,175, a constitutional organic law on regional government and Administration, whose national policy has been adopt-ed in 2021 and whose regulations are being drafted. Within the Chilean regionalization process framework, the legislator sought with the PROT to decentralize key administra-tive planning powers to the regions for sustainable development and the climate crisis. The instrument is regulated by a framework primarily composed of recently adopted legal bodies that have not been fully applied. This is mainly due to the recent climate variable introduction by the Climate Change Framework Law of 2022 in numerous ad-ministrative procedures. The introduction of this variable impacts the creation, adop-tion and implementation of the PROT, creating new duties for the Administration and making the procedures more complex. This study, based on the dogmatic and critical analysis of the set of rules that regulate the PROT, maintains that the absence of a stable and coherent regulatory framework and the possible increase in conflicts between pub-lic entities represent significant obstacles to the fulfilment of the objectives of the instru-ment regarding the prevention and mitigation of the effects of climate change.
KW - administrative planning
KW - Cambio climático
KW - Chile
KW - Climate change
KW - decentralization
KW - descentralización
KW - ordenamiento territo-rial
KW - planificación administrativa
KW - territorial planning
UR - https://www.scopus.com/pages/publications/85184775565
U2 - 10.5354/0719-4633.2023.71100
DO - 10.5354/0719-4633.2023.71100
M3 - Article
AN - SCOPUS:85184775565
SN - 0718-0101
VL - 2
SP - 31
EP - 64
JO - Revista de Derecho Ambiental(Chile)
JF - Revista de Derecho Ambiental(Chile)
IS - 20
ER -