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Public Policy / Conservation Easement Legislation

Introduction to the "Derecho Real de Conservación" (Conservation Easement Right)

Currently, the National Congress in Chile is discussing the creation of a law that would establish the "Derecho Real de Conservación" (Boletín nº 5823-07). Roughly equivalent to the concept of "Conservation Easements" in the tradition of anglo-saxon law, this project would create a legal mechanism to express a landowner´s will to protect nature on his/her land.

The approval of this proposal would be a significan step towards better protection of Chile´s environment and natural resources, for it would give people and organizations a practical and flexible tool, in order to develop conservation and even sustainable economic development initiatives, with underlying legal guarantees.

It would operate as follows: the real estate owner (urban or rural) would voluntarily decide to destine the parcel - be it totally or just partially- to a conservation objetive as set forth in the law, in order to achieve which a contract would be signed between the landowner and a public or private entity that can help finance, support, and monitor the management plan. The contract would include obligations and restrictions for both parties, which would be binding for a given period of time.

For more information on the project to create the "Derecho Real de Conservación" contact fsolis@tnc.org.


News on the "Derecho Real de Conservación"

"Derecho Real" Being Discussed Again

January 2012. After months on a wait list, the Lower House of Congress´s Comission on Constitution, Legislation, and Justice, has continued discussion on the project that would create the "Derecho Real de Conservación". During the session, the Ministry of Mining and Energy presented indications, changes and complementary proposals. It is expected for the Comission to continue discussing the project after the february holiday break.

"Derecho Real de Conservación" awaits discussion in Comission on Constitution, Legislation, and Justice

April 2011 A key tool in order to gain ground in private lands conservation in Chile is currently awaiting discussion in the lower house of Congress´s Comission on Constitution, Legislation, and Justice: the "Derecho Real de Conservación" or rough equivalent of conservation easement legislation. After having been recently approved by the Environment Comission of the same house, the project must advance through its next step. This tool is a regulation of the ownership faculties over real estate, which is created voluntarily by its owner, in order to contribute to environmental conservation objectives.