Preliminary Approval of the new law on minimum standards for the protection of glaciers

In 2008 Law No. 26,418 on minimum standards for the protection of glaciers was enacted. Said law prohibited the development of activities that may affect the natural condition of the ice masses and their environment (glacier and peri-glacier areas) or that may entail their destruction, transfer or interfere with their advance. Therefore, mining exploration and exploitation was prohibited in said areas. The law was criticized mainly because it meant the prohibition to realize mining or oil activities in the peri-glacier area. The term ‘peri’ is a Greek prefix which means ‘around’ [REAL ACADEMIA ESPAÑOLA, word: ‘peri’, available at: http://www.rae.es (Spanish.)], without giving any precisions of a specific distance. Thereby, the law prohibited several activities that, although they do not affect the glaciers, were located in frozen surfaces according to their altitude, latitude and weather conditions. Due to the vagueness of the term ‘periglacier area’, the Executive Branch declared the veto of said law through Decree No 1,837/08 (11/10/2008). The arguments of the presidential veto were the following: (a) the minimum standards must establish minimum parameters which the provinces must guarantee, wherever it is possible for them to establish stricter ones; (b) the economic development of the provinces may be affected by the prohibition of the activities; and (c) according to Law No 25,675 (National Environmental Law), any work or activity capable of significantly degrading the environment shall be subject to an environmental impact evaluation, making the prohibition excessive and unable to constitute a valid minimum standard.

On 10/21/2009, the Federal Senate insisted with a new text of law for the glaciers protection, and approved a new law on minimum standards for the protection of Glaciers. The main contents of this law can be summarized as follows: (a) The scope of the law includes the “glacial environment, covered and uncovered glaciers; and within the periglacial environment, the debris glaciers” and those elements considered to be strategic reserves of water resources (for human, industrial or agricultural use; or for the refill of river basins; or the generation of hydroelectric energy), as a source of scientific information or as a tourist attraction (article 2). (b) The law defines: (i) uncovered glaciers as the “exposed perennial ice masses, formed by snow recrystallization, whatsoever its shape and dimension”; (ii) covered glaciers as the “perennial ice masses with a detrital or sedimentary coverage”; (iii) debris glaciers as the “frozen debris and ice masses, whose origin is related to cryogenic processes associated with permanently frozen soil and with underground ice, or with ice from covered and uncovered glaciers”. (c) A “National Glaciers Inventory” will be carried out, where “covered, uncovered and debris glaciers acting as water reserves in the national territory will be individualized with all the necessary information for an adequate protection, control and supervision” (article 3). Said inventory must be updated every 5 years (article 4), and will be carried out by the Argentine Institute of Glaciology and Environmental Sciences (“IANIGLA”) together with the National Enforcement Agency (article 5). (d) The National Enforcement Agency has the “higher hierarchical level on environmental jurisdiction” (confront article 9). Currently, said agency is the “Secretary of Environment and Sustainable Development”. (e) Any activities that “may affect the natural condition of covered, uncovered or debris glaciers” or their function as strategic reserves of water resources (for human, industrial or agricultural use; or for the refill of river basins; or the generation of hydroelectric energy), as a source of scientific information or as a tourist attraction are prohibited. Mining exploration or exploitation is prohibited in covered, uncovered or debris glaciers (article 6).

For this new law to effectively become a federal law it had to be discussed in the House of Representatives and be promulgated by the Executive Branch. The National House of Representatives was to treat the Law passed by the National House of Senators. However, on July 14, 2010, after a long debate they approved, in general, a bill which had the ruling of the majority in the Natural Resources and the Conservation of the Human Environment Commissions, rejecting the treatment of the Law sanctioned by the Senate. After the approval in general, the session was suspended due to lack of quorum during the treatment of article 5. The House of Representatives had to resume the debate to conclude the approval, rejection or amendment of the remaining articles of the bill approved in general. On 08/11/2010 the National House of Representatives aproved the new draft bill on minimum standards for the protection of glaciers. In order this new draft bill become a law has now to be discussed in the National House of Senators and be promulgated by the Executive Branch. The current President, Mrs. Cristina Fernandez de Kirchner has said that she will not veto the law if approved by the Senators House.

The general guidelines of the Bill passed by the House of Representatives are the following: (i) Glaciers are understood as exposed perennial ice masses, stable or that move slowly, with or without interstitial water, formed by snow recrystallization, located in different ecosystems, whatsoever its shape, dimension or conservation. The detritic rocky material and the internal and superficial courses of water are a constituent part of each glacier. Likewise, the peri-glacial environment in high mountains is understood as frozen soil that acts as a regulator of the water resource. In the medium and low mountains, as the area that functions as a regulator of water resources in ice saturated soils. (ii) In the glaciers, it is prohibited: *The activities that may affect the natural condition or its function as a water resource source, those that may entail their destruction, transfer or interfere with their advance; in particular the liberation, dispersion and disposal of pollutant substances and elements, chemical products, or any type of residues. The description includes those that developed in the peri-glacial area. * The construction of architectural and infrastructural works, with the exception of those necessary for scientific investigations and any risk prevention. * Mining exploration and exploitation and oil and gas activities are included in this restriction when practiced in the peri-glacial area. *The installment of industries or the development of industrial works or activities.