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Original article: Ley SBAP: Proyecto de Ley de «Reconstrucción Nacional» retrasa su implementación

By María Isabel Manzur, Chile Sustentable

The implementation of Law 21.600, which establishes the Biodiversity and Protected Areas Service (SBAP), has initiated the gradual establishment of new environmental institutions in the country aimed at managing and conserving biodiversity.

In this context, various administrative and regulatory instruments have been developed to facilitate the operation of the SBAP, along with the definition of procedures related to the National Protected Areas System. To date, significant progress has been made in establishing the institutional framework, alongside ongoing stages in regulatory, administrative, and territorial management.

In 2024, the Ministry of the Environment (MMA) prepared three decrees that allowed for the operational launch of the SBAP. By 2025, the first National Director was appointed, and the service formally commenced operations on February 1, 2026. Currently, the service is under new leadership after the previous director’s resignation.

Between 2024 and 2025, the MMA progressed in creating 17 regulations linked to 23 articles of the law. Of these, one has been published in the Official Gazette, while the others are at various stages of the administrative process. This process was supposed to conclude by September 2025, leading to significant delays.

Additionally, 12 regulations that were awaiting approval from the Office of the Comptroller General of the Republic have been withdrawn for further review by the current government, leading to a rescheduling of their processing. Furthermore, four regulations remain in development: Priority Sites, Protected Areas, Concessions and Permits, and Species Classification.

On April 22 of this year, the government introduced the National Reconstruction and Economic and Social Development Bill, which proposes adjustments to the implementation timelines of Law 21.600, aiming to provide a more gradual approach to the entry into force of its instruments and regulatory frameworks.

Regarding the regulations, the bill extends the general timeline for their issuance to a period of four years from its publication. This extension means that the issuance of regulations, which was expected to be completed in 2025, will now be delayed by an additional two years until 2027, adversely affecting and halting the implementation of the law.

Protected Areas

Under Law No. 21,755 on Regulatory Simplification, the transfer of personnel and protected areas from the National Forestry Corporation (Conaf) to the SBAP has been expedited to 2026. A decree published on March 3, 2026, establishes that this process will take effect from August 1 of this year.

The transition involves 505 officials and the management of over 100 protected areas, including National Parks, National Reserves, and Natural Monuments.

The process was preceded by a year of inter-institutional coordination and includes additional stages, such as the transfer of assets related to the management of these areas.

During 2025, the MMA worked on identifying 99 priority sites out of a total of 350 that would be incorporated into the regulatory framework of Law 21.600. This list underwent public consultation, where nearly 10,000 comments were received.

The process is currently under review, including the analysis of collected data and the evaluation of the technical-scientific methodological bases used. In this context, a temporary suspension has been reported for the definition of pre-existing priority sites.

Additionally, legal initiatives aimed at regulating the declaration of new priority sites and the recategorization of existing ones are under consideration, contingent on the issuance of the corresponding regulations.

The law establishes a five-year timeframe until September 2029 for the homologation of protected areas that were not initially included under the new system by recategorizing them into the six categories defined by the legislation. This process encompasses entities such as Nature Sanctuaries, Protected National Assets, Ramsar Sites, Marine Parks, Tourism National Parks, Marine Reserves, Forest Reserves, and Protected Marine and Coastal Areas.

To date, studies have been conducted to define homologation criteria, particularly for Nature Sanctuaries and Protected National Assets. In December 2025, an agreement was reached to move forward with the homologation of the first six Sanctuaries, and in March 2026, the first recategorization was completed for the Natural Monument Quebrada de la Plata.

Given these developments, it is necessary to continue making the steps required for the implementation of Law 21.600. The year 2026 presents significant challenges, such as the transfer of protected areas and personnel from Conaf, the homologation of Nature Sanctuaries, reinstating withdrawn regulations, and completing those still pending.

However, concerning the regulations, the National Reconstruction Bill sends a warning signal regarding the current government’s reluctance to advance in developing these regulations, which includes reinstating those that were withdrawn and completing the outstanding ones this year, further delaying and potentially halting the implementation of Law 21.600.

The conservation of biodiversity ensures the sustainable economic development of a nation by maintaining and enhancing its natural wealth. This understanding was recognized by the National Congress in approving this significant law in 2023.

María Isabel Manzur, Chile Sustentable
Cover Photo: Luna Pérez, Pali Aike National Park

La entrada SBAP Law: Implementation Delayed for the National Reconstruction Bill se publicó primero en El Ciudadano.