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The Second Environmental Court of Santiago accepted the claim for reparation of environmental damage presented by the Municipality of San Felipe, against the mining company “Jorge González Ite” and “Wilson González Ite”, condemning them to repair the damage caused to the environment in the sector called El Asiento, in the pre-cordillerana commune.
The cause arose from the filing of a lawsuit in July 2017 against the company. About 3 and a half years later, the court concluded that they carried out extraction work of almost 19 thousand cubic meters of rock and granite rock, with construction of roads and cutting of native species, without having a management plan approved by Conaf, affecting with this the soil, the creek, the flora and the fauna in an area of 2.7 hectares.
The Environmental Court warned that the place Where the work was carried out, it already corresponded to an area with plant formations that already had conservation problems due to climate change and which is also near the Serranía el Ciprés Nature Sanctuary.
The court’s minister, Alejandro Ruiz, referred to this consideration as the key to deciding a sentence against the company.
“It was also considered that the intervention was carried out with respect to plant formations whose conservation is already at risk due to climate change, the proximity of the cove, El Asiento with the Serranía El Ciprés Nature Sanctuary and the possibility of affecting natural biological corridorslikewise, that the intervention was carried out on native preservation forest ”, he said.
The ruling orders the mining company and the rest of the defendants to submit to the Superintendency of the Environment a repair plan for the El Asiento cove, which must include actions and goals for the restoration of everything damaged. For this, the company has a term of 90 working days from the moment of the sentence.
The plan must detail the area to be restored in all possible parameters: soil recovery, creek, vegetation and fauna. In addition, it must have the pronouncement of Conaf, the Seremi de Medio Ambiente and the Agricultural Livestock Service. The progress of all these phases will have to be reported annually.
This case began on July 27, 2017 and the conciliation hearing between the parties took place in January 2020, four months after presenting the evidence and final arguments, which ended with this sentence.
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