With 37 votes in favor, 1 once morest and 3 abstentions, last month the Senate approved the idea of legislating on the project, in the first step, that regulates the extraction of aggregates by establishing a complete general regulatory framework on this activity in the natural channels and the annexed regulation zones.
Now it is up to the Public Works Commission to study the indications sent by the senators, which can be presented until Monday, March 4.
The initiative has its origin in two motions by senators Alfonso De Urresti, Alejandra Sepúlveda, Jorge Soria and Juan Castro Prieto, to which former senator Álvaro Elizalde joined. During its processing, the Public Works Commission discussed the project in general and in particular and worked together with the Executive to build a general regulatory framework.
Essentially, the project establishes a single regime applicable to the extraction of aggregates in non-navigable natural channels by vessels of more than 100 tons, as well as for that carried out in the areas adjacent to said body of water.
In this way, to remove aggregate materials in the mentioned spaces it will be necessary to obtain authorization from the competent municipality, preceded by the technical authorization from the Directorate of Hydraulic Works.
The Hydraulic Works Directorate may establish extraction prohibition zones, by means of a well-founded resolution, when the activity may interfere with the hydraulic dynamics of the natural channels or when the amount of aggregate is not sufficient.
Likewise, standards are established for the traceability of aggregates, in order to ensure that they come from an authorized supply source and have a certificate that identifies their origin. Thus, in construction tasks a copy of the certificate of origin must be available, public bodies must include in the bidding rules and in the contracts they sign the requirement to prove the origin of the aggregates and its certification, and any person who Transporting this type of substance must have the necessary documentation.
The General Directorate of Water will exercise the powers of police and surveillance of this process, and may order the cessation of extraction works when they may impair the availability of water or deteriorate its quality; may cause damage to holders of water use rights or the works associated with the exercise thereof, or may cause damage to public or private infrastructure.
In the case of non-artisanal extractions, that is, those that are carried out using heavy machinery, the project owner must prepare and execute a closure plan for the works.
Likewise, the Ministry of Public Works is ordered to promote the study and planning of public infrastructure waste, recycling of aggregates and new sources of this material.
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