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Revista de la Facultad de Derecho

Print version ISSN 0797-8316On-line version ISSN 2301-0665

Abstract

NEIRA, Sergio Peña  and  MEZA, Patricio Araya. Contact Waters, Effects on Mining and the Environment. Rev. Fac. Der. [online]. 2021, n.50, e106.  Epub Jan 01, 2021. ISSN 0797-8316.  https://doi.org/10.22187/rfd2020n50a6.

The “mining contact waters” in Chile contaminate large areas of the national territory and their effects are currently permanent because they cannot be modified or recover the waters. It requires a rapid reaction of the Human Being, either prevention to modify the effects or recovery from them avoiding permanent effects. Mining contact waters produce negative effects that are not instantaneous but, they accumulate and generate a “snowball” as time passes, their existence is a danger. Likewise, there is a legal vacuum, because the “mining contact waters” require, in turn, the legal and regulatory requirements for their prevention and in the event of the existence of a special decontamination, treatment not regulated by the legislator in general laws or specific. The possible solutions oblige the State to seek prevention and decontamination of the same when they have occurred.

Keywords : environment; legal void; pollution; tailing dams; drainage.

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