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Image: FIMA / FIS
Environmentalists oppose the court's decision on Nova Austral
(CHILE, 11/16/2023)
Public statement: Forgiveness from the Environmental Court to Nova Austral attacks environmental institutions
Between 2015 and 2017, the Norwegian company Nova Austral incurred in the overproduction of salmon in three farming centers inside the Alberto De Agostini National Park in the Magallanes region. As a result, in June 2022, the Superintendency of the Environment (SMA) decided to sanction it with the revocation of the three Environmental Qualification Resolutions (RCA).
Recently, the Third Environmental Court of Valdivia accepted the company's claim against the SMA decision in one of the three centers, Cockburn 14, annulling its revocation, under the argument that the sanction would be disproportionate, despite the fact that it produced 1,199. 717 kg. above what was authorized in an area of high ecological value, whose effects, such as the lack of oxygen on the seabed, remained for up to three years after the event occurred.
This decision is incomprehensible since the Court itself assumes that significant damage occurred in the protected area and that there is no certainty that this has been repaired. The sentence is an apology to a company that has an extensive record of environmental infractions, that also has other sanctioning procedures in progress for the same charge of overproduction, in addition to 24 other events that were not detected by the authorities, and that demonstrate a policy This company's systematic violation of environmental regulations.
In this way, the Court interferes in the area of discretion of the supervisory body, such as the SMA, leaving it without authority, choosing to give Nova Austral a new opportunity, which is of great concern for the Kawésqar community that inhabits the area. , environmental organizations and the scientific community, since it implies a powerful signal in favor of those who repeatedly break the rules of our environmental institutions.
In their decision, the ministers considered that the infraction should be reduced to have a sanction that fulfills a deterrent role and that contemplates "the repair of the environment", words that are at least naive considering that the company currently maintains the same headquarters. judicial 4 other open cases for environmental damage.
As organizations that work for the restoration and protection of Chile's marine ecosystems, we trust that the Superintendence of the Environment (SMA) will assert its power and obligation to protect the environment by challenging this ruling and defending the sanction applied in all instances. that our legal system contemplates, for which our organizations will remain vigilant.
Signed:
Source: FIMA (Traslated from the original in Spanish)
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Information of the company:
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Address:
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Av. Alberto Fuentes 299
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City:
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Porvenir
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State/ZIP:
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Magallanes,
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Country:
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Chile
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Phone:
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+56 61 2294100
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E-Mail:
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[email protected]
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