On Friday, December 4, 2020, the Senate approved Law No. 27,604, which amends certain articles of Law 26,815 on Fire Management (the “New Fire Management Law”).
The New Fire Management Law establishes restrictions on the disposal and use of buildings that have suffered fires, whether accidental or intentional, depending on the type of building in question:
- Native or planted forests – Protected natural areas.
In the event of fires, whether accidental or intentional, that burn living or dead vegetation, the following is prohibited for a period of 60 years from the date of extinction:
1. Making changes to the use and purpose of these surfaces prior to the fire.
2. The division or subdivision, subdivision, fractionation or subdivision, or any real estate undertaking other than the leasing and sale of private land.
3. The sale, concession, division, subdivision, subdivision, fractionation or subdivision, in whole or in part, or any other real estate undertaking, other than the leasing of fiscal lands.
4. Any agricultural activity that is different from the use and purpose that the surface had at the time of the fire.
- Agricultural areas, meadows, grasslands, scrublands, and areas where buildings are interspersed with vegetation outside of a strictly urban or structural environment.
In the event of fires, whether accidental or intentional, that burn living or dead vegetation, the following are prohibited for a period of 30 years from the date of extinction:
1. Real estate development.
2. Any agricultural activity that is different from the use and purpose of the surface prior to the fire.
3. The modification of the use of a surface for the purpose of developing intensive agricultural practices, except in cases where such practices and methods predated the event.
The corresponding measures regarding burned surfaces will be recorded in the corresponding registries of each jurisdiction.
Penalties
The penalties for non-compliance with this law and complementary regulations, without prejudice to any other responsibilities that may apply, will be those established in each jurisdiction in accordance with their corresponding police powers.
Jurisdictions that do not have a sanctions regime will apply the following sanctions corresponding to national jurisdiction:
1. Warning.
2. Fines of between one (1) and fifty (50) base salaries for the entry-level category of the Public Administration.
3. Closure of the establishment.
4. Loss of concessions, privileges, tax or credit regimes.
These sanctions will be applied following a summary procedure conducted in the jurisdiction where the violation occurred and will be governed by the corresponding administrative procedure rules, ensuring due process of law. They will be graded according to the nature of the violation.
This report should not be considered as legal or any other type of advice by Allende & Pitch.
