In the midst of the fires and the political debate sparked by the declaration of the President of the Republic, Gabriel Boric, that there must be a longer term discussion on the forestry industry, «a different regulation», various lawyers consulted by DF commented on the scope that the eventual debate could have.
The slogan seems to indicate that the solution should not necessarily translate into a legal change.Forestry Guillermo Zavala, Counsel PPU, assures that today there is no regulation of the forestry industry.
As he explains, there is regulation of industrial plants (pulp and paper mills and large sawmills), but they are treated like any other large industry and not especially because they are forestry.
On the other hand, he adds, «what they are seeking is a kind of regulation of forestry plantations under the premise that these plantations are made at the expense of the native forest, forgetting that the large plantations were made on soils degraded by agriculture. That is to say, they are presented as enemies of forestry related to pine and eucalyptus».
Meanwhile, Guerrero Olivos’ lawyer, Francisca Pellegrini, points out that today there is ample regulation in the forestry sector, both at the environmental and sectoral levels, in which the State has the power to determine prevention measures, and especially measures of control and sanction.
«We will have to see if the latter are sufficiently dissuasive. The current regulations could be adjusted at a legal and regulatory level, but if we are talking about a reformulation of the sector and its regulation, in that case the Executive will have to present a more comprehensive project to Congress and give it urgency for its discussion and approval,» he says.
Forestry He adds that the important thing will be to focus, while this discussion is taking place, «on proactively applying effective and immediate measures that are also in his sphere of control, such as a larger budget for CONAF, more professionals and aircraft to combat these fires».
«As well as an effective and preventive control policy, since these incidents occur more and more frequently and a law can arrive too late,» he emphasizes.
However, on how a law could improve the situation in question, Eelaw partner Paulina Riquelme says it is important to keep in mind that «laws do not improve situations.»
«Situations are improved with planning,» she stresses.
Thus, from her perspective, «a law is not the solution. The solution is land-use planning that allows the establishment of buffer zones between cultivation areas and cities, but it is also important to establish certain citizen duties for private landowners, because they should have the obligation to protect the land from fires and other illegal activities».
The partner of Estudio Fermandois, Ignacio Urbina, takes a further view.
In his opinion, «the forestry industry has played an important role in the last decades to avoid soil deterioration, as well as to stop deforestation in our country, together with contributing to the economy of the regions where the industry has a greater presence». For this reason, says the environmental law doctor, «it would be prudent for any modification of forestry regulations to be accompanied by a greater state commitment to sustainable development, as well as the rule of law, order and security in the regions where the industry operates».