Chilean glaciers: The matter of urgency of their protection and the current legislative status

Over the past 20 years, glaciers and their surroundings have become an increasingly fascinating topic for both environmental and scientific organizations. These unique ecosystems, which are situated in parks or protected areas, are increasingly visited by nature lovers, tourists, mountaineers, trekking enthusiasts, and photographers, making them increasingly popular destinations.

According to the latest Glacier Inventory published by the General Water Authority (DGA, for its acronym in Spanish), Chile records 26,169 glaciers within its territory, covering an area of 21,009 km². These giant glaciers are essential for the ecosystems and act as a strategic reserve of freshwater. Since it owns more than 80% of the glaciers of South America, Chile stands out as a glacier country, with the urgent responsibility of guaranteeing its protection and conservation.

Nevertheless, there’s an evident challenge when it comes to the regulation and legal protection of glaciers and their surrounding environments in our territory. For almost 20 years, different environmental organizations have tirelessly worked to sponsor a legislative agenda that pushes forward the protection of these ecosystems by introducing bills aimed at their protection and conservation.

Despite these efforts, many of these bills have faced lengthy processing in Congress, while others have been shelved unsuccessfully. Next, we will analyze the progress and challenges of the legislative initiatives aimed at protecting glaciers and their surrounding environments. 

 

• 1st Bill, 2005: Bill establishing a prohibition on executing investment projects in glaciers (Boletín [Docket No.] 3947-12) 

Este proyecto, presentado en agosto de 2005, que tuvo su origen en la Cámara de Diputados y Diputadas, se encuentra “archivado”. Su última actividad se registró en 2009, cuando se sometía a discusión en la Comisión de Recursos Naturales, Bienes Nacionales y Medio Ambiente. Finalmente, se remitió a archivo, lo que significa que no tuvo resultados concretos.

• 2nd Bill, 2006: Bill about protection of glaciers [Docket No. 4205-12]

Regarding this bill, attorney Víctor Collao points out: “It was composed of 9 articles, whose main objectives were to grant a judicial framework to the glaciers, regulating the intervention in these and granting their protection; to amend the LBGMA [General Environmental Framework Law] regarding the SEIA [Environmental Impact Assessment System] and glaciers; to penalize any intervention that exceeds permitted limits; and to require a glacier intervention declaration for all touristic or scientific activities in these glaciers.”

This bill is still being processed. In 2019, the Committee on Mining and Energy was required to issue a statement on it, and in 2021, it was referred to the Committee on the Environment and Public Property. In 2022, it was referred to the Finance Committee, without any significant progress to date.

• 3rd Bill, 2008: Bill that establishes regulations in relation to the glaciers [Docket No. 6308-12]

Regarding this bill, attorney Víctor Collao pointed out: “Its main objectives consists of: establishing a minimum legal framework for glaciers; defining their status as national public property and prohibiting all activity industrial activity on them, making exceptions only if authorized by a special law, without outlawing activities related to glaciers in a sustainable manner, such as research, inspection, recreational or tourism, in spite of, in any case, must have the corresponding EIA [Environmental Impact Study] and any necessary permissions; lastly, the bill establishes a transitory provision addressing the issue of activities that, at the time the law comes into force, affect or could affect glaciers; it stipulates that such activities must cease and obtain the legal authorizations from the corresponding authorities.”

This bill was shelved in the year 2014.

• 4th Bill, 2014: Bill for protection and preservation of glaciers [Docket No. 9364-12]

This bill was introduced on May 20, 2014, by the so-called “Bancada Glaciar” [Glacier Caucus] along with environmental organizations, under the slogan “defend our territory’s glaciers.” It had the support of the former president Michelle Bachelet, who in her speech of May 21, 2014, expressed the “political will of the executive power to protect glaciers and their surroundings”.

The bill aimed at the protection and preservation of glaciers and their surroundings, regulating and prohibiting activities that may be carried out around them, all of this is established in 9 articles.

“It specifies that the scope of application of said law shall cover the entire national territory, regardless of whether the glaciers or preserved environments are located within protected areas or not; it states that glaciers are national public property; and it lists the permitted, prohibited, and restricted activities.”

Regarding the progress of this bill, there have been several obstacles, as various amendments have been proposed, and its transfer from one commission to another has caused it to lose the spirit and momentum it once had. 

In 2016, the bill was transferred from the Committee of the Environment and Natural Resources to the Finance Committee, where the official reports were marked as rejected. The latest progress on this bill dates back to 2018 (when it was deemed as rejected) in the Finance Committee, which is where the bill currently remains.

 

 

• 5th Bill, 2018: Amends the Water Code to prevent the granting of water use rights over glaciers [Docket No 11597-12]

This bill consists of a single article, which establishes that:

“Glaciers are national public property; nevertheless, no water use rights shall be granted over them.”

This bill was put to a vote and approved in the Chamber of Deputies, and is now in its second legislative stage in the Senate. Currently, it’s in the Committee on the Environment and Public Property, where there’s no progress in the matter since 2022. However, it’s clear that this bill is in a more advantageous stage than its counterparts.

*Although the said bill didn’t succeed, Law No. 21,435  of 2023, which introduced amendments to the Water Code, provides in its Article 5 that water, in any of its states, is national public property, whose ownership and use belong to all inhabitants of the nation. Likewise, it establishes the prohibition on granting water use rights over glaciers, consolidating its legal protection as part of the common natural heritage. 

• 6th Bill, 2018: On glacier protection [Docket No 11876-12]

This is the latest bill presented on the topic of glaciers and their protection. The Senators Isabel Allende and Guido Girardi submitted it in 2018; this bill consists of six articles, which reaffirm the status of glaciers as national public property, focusing on their conservation. Additionally, Article 2 provides the statutory definitions for “glacier”, “periglacial environment”, and “permafrost.”

The bill also outlines the activities that are prohibited on glaciers and establishes the corresponding penalties for violating its provisions. The destruction of glaciers, whether intentionally or negligently, shall be punished by minor imprisonment in its minimum to maximum degrees and a fine ranging from 100 to 1,000 UTM [Unidades Tributarias Mensuales / Chilean Monthly Tax Units].

Likewise, it indicates that, upon the law’s entry into force (meaning, once the law is enacted and takes effect), activities that affect or could affect glaciers must cease and obtain the necessary authorizations from the competent authorities in accordance with the law.

In 2018, upon being introduced, this bill was referred to the Committee on the Environment and Public Property. Therefore, the bill was submitted for analysis by the Committee on Mining and Energy, where amendments were presented that considerably delayed its progress.

In 2022, the bill was referred to the Finance Committee, after being stalled during an arduous reporting process by the Committee of Mining and Energy due to the amendments formulated. The latest status of the bill dates back to 2023. 

From a legislative standpoint, it’s clear that the protection and regulation of glaciers in our country have progressed quite slowly over the past 20 years. Several projects have been “shelved”, while others are still being debated in congressional committees, awaiting enactment.

However, significant progress has been made with the bill introduced in 2018. As of today, the Senate’s vote is still pending on the bill that aims to declare March 21 as Chilean Glacier Day, with the objective of reaffirming and promoting the significance and necessary protection of these ice bodies in environmental matters. 

 

Current legislation about glaciers: In which legal texts are glaciers regulated and mentioned?

• Law No. 19300, On general environmental principles:

Article 11 states the projects that will mandatorily require the submission of an environmental impact study, if they generate or present at least one of the following effects, characteristics, or circumstances:

“Location in or near to (…), glaciers (…), susceptible to being affected by, as well as the environmental value of the territory in which it’s intended to be located.”

Regarding this law, the provisions of Article 36 are of particular importance, which states:

“(…) The following shall form part of the protected areas mentioned in the preceding articles: glaciers, sea beaches, marshes, among others.”

• Decree No. 40. Of the SEIA [Environmental Impact Assessment System] regulations

Article 3 establishes that projects or activities susceptible to causing environmental impact, which must be submitted to the Environmental Impact Assessment System, are the following: 

“(…) Natural water bodies, including the glaciers that are found incorporated as such in a public inventory directed by the General Water Authority (DGA).”

Article 6th, titled “Significant adverse effect on renewable natural resources”:

It explains that the project holder must submit an Environmental Study Impact if their project or activity generates or presents significant adverse effects on the quantity and quality of renewable natural resources, including soil, water, and glaciers.

The assessment of said impact shall always consider the magnitude of the alteration in the surface area or volume of any glacier susceptible to modification. 

Article 8th, titled “On the location and environmental value of the territory”:

It explains that the project holder must submit an Environmental Study Impact if their project or activity is located in or near populations, resources, and protected areas, priority conservation sites, protected wetlands, and glaciers susceptible to being affected; as well as the environmental value of the area where the project is to be located. 

A project or activity shall be understood to be located in or near populations, resources, and protected areas, priority conservation sites, protected wetlands, glaciers, or a territory with environmental value when these are located within the area of influence of the project or activity.

• Law No. 20,2833, On native forest’s recovery and forestry development:

Article 17, Title III of the Environmental Protection Standards, states:

” (…) The cutting, destruction, removal, or impairment of native trees and shrubs is prohibited within 500 meters from glaciers, measured in horizontal projection in the plane”. 

•  Law No. 21,4357 Amends the Water Code

It establishes that water, in any of its states, is a national asset for public use. Consequently, its ownership and use belong to all the nation’s people. Based on the public interest, water use rights shall be established; however, the same article stipulates that they may not be established for glaciers.

• Law No. 18,3624, Establishing a National System of State-Protected Wilderness Areas (SNASPE):

Article 2 defines Wilderness Area as:

“Natural environments, whether terrestrial or aquatic, belonging to the State, which it protects and manages to achieve the objectives outlined for each of the management categories set forth in Article 3.”

Article 3: The National System of State-Protected Wilderness Areas shall consist of the following management categories: Virgin Region Reserves, National Parks, Natural Monuments, and National Reserves.

• Law No. 17,2885, On National Monuments: Nature Sanctuaries

Article 31 establishes:

“Nature sanctuaries are all those terrestrial or marine sites that offer special possibilities for geological, paleontological, zoological, botanical, or ecological studies and research, or that possess natural formations whose conservation is of interest to science or to the State.”

It’s important to note that sites declared as Nature Sanctuaries fall under the supervision and control of the Ministry of the Environment.

 

 

The urgency of a dedicated glacier protection law

As it stands, Chile lacks specific legislation to exclusively regulate and protect its glaciers. While various regulations touch upon them or offer some degree of safeguard, the absence of a comprehensive law reveals a massive gap in our environmental policy.

This situation points to an alarming reality: despite the climate emergency, the vital role glaciers play in our ecosystems, and human well-being isn’t being fully captured by our current public policies.

With glacial retreat accelerating and extreme weather becoming the norm, the need for robust, targeted legislation has never been more pressing. A law dedicated solely to glaciers would:

• Create a clear regulatory framework to shield them from extractive industries and other human impacts.
• Drive climate adaptation policies by recognizing glaciers as cornerstones of national resilience.
• Secure the long-term conservation of these strategic ecosystems, which are critical for biodiversity and our freshwater supply.

At Fundación Glaciares Chilenos, we are calling on legislators and civil society to push for a legal framework that truly recognizes the value of glaciers and guarantees their protection.

Home to more than 80% of South America’s glaciers, Chile has an undeniable duty as a custodian of these resources. We must adopt measures that reflect their importance for both current and future generations. Only through committed legislation can we ensure that glaciers remain a living source of water, biodiversity, and ecological balance for our territory. 

Bibliography:

• • 2005: Boletín [Docket No.] 3947-12
  • 2006: Boletín [Docket No.]  4205-12
  • 2008: Boletín [Docket No.]  6308-12
  • 2014: Boletín [Docket No.]  9364-12
  • 2018: Boletín [Docket No.]  11597-12
  • 2018: Boletín [Docket No.]  11876-12
  • Comparison of glacier protection bills and other current legal frameworks. LINK
  • The Legal Regulation of Glaciers in Chile. Pontificia Universidad Católica de Valparaíso. LINK

  Featured Image: Los Perros glacier, Torres del Paine National Park, Magallanes Region. Photo by: Nicolás Vivar