Law No. 27,804 – Amendment to the Glacier Law
Environmental Law & Climate Change and Mining Departments Report | Law No. 27,804 – Amendment to the Glacier Law.
On April 24, 2026, Law No. 27,804 was published in the Official Gazette, partially amending Law No. 26,639 on minimum environmental protection standards for the preservation of glaciers and the periglacial environment (the “Glacier Law”).
This amendment was proposed by the National Executive Branch through bill PE-121/25, which was submitted to the National Congress on December 15, 2025 for consideration during the extraordinary legislative session. According to its explanatory memorandum, the bill aimed to: (a) help overcome the interpretative controversies arising from the original wording of the law, which had generated a constant state of uncertainty regarding key aspects of the regime; and (b) strengthen recognition of the powers constitutionally vested in the provinces with respect to environmental protection and the management of natural resources.
The Senate granted initial approval to the bill on February 26, 2026, with 40 votes in favor, 31 against, and 1 abstention. The bill was then forward to the Chamber of Deputies, which approved it on April 9, 2026, with 137 votes in favor, 111 against, and 3 abstentions; 5 legislators were absent. Prior to the committee opinion in the Chamber of Deputies, a public hearing was held on March 25 and 26, 2026, pursuant to Section 7 of the Escazú Agreement (Law No. 27,566).
Through this law, Sections 1, 3, 5, 6, 7, and 8 of Law No. 26,639 were amended, and a new Section 3 bis was incorporated. Sections 2, 4, and 9 through 18 remain unchanged.
The new wording of Section 1 preserves the general framework establishing minimum standards for the protection of glaciers and the periglacial environment, preserving them as strategic reserves of water resources and as providers of water for the recharge of hydrographic basins. The new law adds a new interpretative paragraph to Section 1, under which the protection established by the Glacier Law “shall be interpreted in a manner compatible with Section 41 of the National Constitution, which provides for the rational use of natural resources existing in the provinces, which hold original title thereto pursuant to Section 124 of the National Constitution, in a manner that meets present needs without compromising those of future generations.”
Likewise, the amendment to Section 3 limits the scope of the inventory to those glaciers and periglacial geoforms “that function as strategic reserves of water resources and as providers of water for the recharge of hydrographic basins.” It is also established that the inventory shall be subject to “mandatory consultation and consideration” by the competent authorities, without prejudice to the powers recognized by law to the competent provincial authorities regarding prohibited activities and environmental impact assessments.
In addition, a new section (Section 3 bis) is introduced, invoking the precautionary principle and establishing that all glaciers and periglacial geoforms included in the National Glacier Inventory shall be considered part of the protected object of the law “until such time as the competent authority verifies the absence of the hydrological functions referred to in the first paragraph of Section 1.” It is further established that, once the competent authority determines, based on technical-scientific studies, that a glacier or periglacial geoform included in the inventory does not fulfill the functions of being a strategic reserve of water resources and a provider of water for the recharge of hydrographic basins, such glacier or periglacial geoform shall be deemed not to be covered by the provisions of this law, without prejudice to any general protection applicable under Law No. 25,675 (the “General Environmental Law”) and other applicable regulations.
Section 5 of the law maintains the responsibility of the Argentine Institute of Nivology, Glaciology and Environmental Sciences (“IANIGLA”) for carrying out the inventory and monitoring the condition of glaciers and the periglacial environment. However, it adds a new paragraph providing that the competent authority must notify IANIGLA when it: (i) detects within its territory a glacier or periglacial geoform fulfilling any of the hydrological functions referred to in Section 1 of the law that is not included in the National Glacier Inventory, so that it may be incorporated therein; and (ii) determines—based on technical-scientific studies—that a glacier or periglacial geoform included in the National Glacier Inventory does not fulfill the hydrological functions referred to by the law. In such case, IANIGLA must remove it from the National Glacier Inventory. Failure to do so shall not affect the validity of the authorization granted by the competent authority of the relevant jurisdiction.
The new wording of Section 6 retains the same list of prohibited activities[1] but introduces two amendments: (i) the prohibited activities apply exclusively to glaciers and the periglacial environment that have been identified by the provincial authority as possessing hydrological functions, insofar as they are strategic reserves of water resources or operate as providers of water for the recharge of hydrographic basins; and (ii) it modifies the prohibition standard, since activities that “may affect” the natural condition of glaciers (as provided in the original version of the Glacier Law) are no longer prohibited, but rather those that may “materially alter, within the meaning of Section 27 of the General Environmental Law No. 25,675, their natural condition or the hydrological functions indicated in Section 1.” It is further provided that the competent provincial authority shall determine, through the relevant environmental impact assessment, which proposed activities entail a material alteration under this section and, consequently, may not be authorized.
Amendments are also introduced to Section 7 concerning environmental impact assessment. The new wording maintains the requirement of a prior environmental impact assessment for all activities in glaciers and the periglacial environment, as well as the guarantee of public participation. The amendment lies in the fact that the performance of a strategic environmental assessment for proposed activities now depends on the discretion of the provincial authority: it shall be carried out “when, in the opinion of the authority with environmental jurisdiction of the relevant province, the scale and degree of intervention so justify.” Such assessments must ensure a public participation stage in accordance with the provisions of the General Environmental Law.
[1] (a) the release, dispersion, or disposal of polluting substances; (b) the construction of architectural or infrastructure works, except for those necessary for scientific research and risk prevention; (c) mining and hydrocarbon exploration and exploitation; and (d) the installation of industries or the development of industrial activities.