Country
Chile
Sources
InforMEA
Tagging
Administrative, Evidence
Abstract

In this case, the plaintiff is challenging the administrative sanctions taken against him by the Superintendence for the Environment for not respecting the environmental legislation and building a dam and diverting the waters of the River Calle Calle.

The plaintiff alleged that his dam was not changing the course of the river and that consequently the administrative sanctions had to be lifted because there was no damage resulting from his activities.

The Environmental Tribunal held that the Superintendence for the Environment did not allow the plaintiff to have access to the evidences that were used to motivate the sanctions. As a result, the Tribunal considered that this constituted an essential procedural defect and consequently quashed the resolution of the Superintendence sanctioning the plaintiff.