1. Regulatory Framework and Law
1.1 Environmental Protection Policies, Principles and Laws
Environmental Protection: Key Laws
Environmental protection in the Dominican Republic is governed by a robust legal framework composed of several key laws that ensure the conservation and sustainable use of natural resources. The General Law on Environment and Natural Resources (Law No 64-00) provides the foundation for environmental management, focusing on the protection of biodiversity and promoting sustainable development. Similarly, Law No 202-04 on Protected Areas emphasises the creation and preservation of protected areas, such as national parks, to conserve sensitive ecosystems, while Decree No 571-09 regulates permissible activities within these zones to prevent degradation.
In addition, the Law on Integral Waste Management and Co-processing of Solid Waste (Law No 225-20) addresses solid waste management, encouraging recycling and establishing safety protocols for the disposal of hazardous waste. Water conservation is guided by Law No 5852, which ensures watershed management and pollution control. Other notable regulations include Law No 146-71 on Mining, which mandates environmental standards in mining operations, and Law No 147-00 on Climate Change, which implements policies to mitigate climate change impacts and promote sustainability. The Municipal Law (Law No 176-07) empowers local authorities to regulate environmental matters such as land use and waste management at the municipal level.
2. Enforcement Authorities and Mechanisms
2.1 Regulatory Authorities
Regulatory Authorities on Environmental Matters
The Dominican Republic's environmental policy and enforcement are overseen by various regulatory authorities, each playing a distinct role in protecting natural resources and ensuring compliance with environmental laws. The Ministry of Environment and Natural Resources serves as the primary authority, and is responsible for implementing environmental policies, issuing permits and overseeing the sustainable management of resources. Additionally, the National Council for Climate Change and Clean Development Mechanism co-ordinates the country's climate policies, working towards alignment with international agreements and reducing greenhouse gas emissions.
Other key bodies include the National Environmental Protection Service (SENPA), a specialised enforcement agency under the Ministry of Environment tasked with combating environmental crimes like deforestation and illegal resource exploitation. The National Institute of Water Resources (INDRHI) manages water resources, ensuring sustainable supply for urban, rural and agricultural use, while the General Directorate of Mining (DGM) ensures that mining activities adhere to environmental regulations.
At the local level, municipal environmental units are responsible for enforcing environmental regulations, particularly in areas like solid waste management, land use and pollution control. These units ensure that environmental policies are implemented effectively across municipalities, complementing the national regulatory framework.
2.2 Co-operation
In the Dominican Republic, there are several ways to foster collaboration with regulatory authorities on environmental matters. These mechanisms help ensure smooth communication, compliance and co-operation.
- Environmental impact assessments (EIAs): For projects that could impact the environment, businesses must work closely with the Ministry of Environment and Natural Resources by submitting an EIA. This ensures environmental concerns are addressed from the start, and authorities can provide guidance and approval.
- Environmental permits and licences: Companies need to apply for permits to operate, which requires regular interaction with regulatory authorities to ensure they meet legal and environmental standards.
- Public consultations: For certain projects, the law requires public consultations. These allow the local community, environmental groups and authorities to have a say, ensuring transparency and addressing concerns early on.
- Monitoring and reporting: Businesses are usually required to provide regular updates and reports to the authorities. This keeps everyone informed about the ongoing environmental impact and ensures prompt responses if adjustments are needed.
- Corporate social responsibility (CSR) and voluntary agreements: Many companies choose to go beyond legal requirements by working with regulators on voluntary initiatives aimed at promoting sustainability. These agreements encourage co-operation and reflect the company's commitment to the environment.
3. Environmental Protections
3.1 Protection of Environmental Assets
The Dominican Republic works to protect its environmental heritage through various measures.
- Air quality protection: The General Law on Environment and Natural Resources (Law No 64-00) mandates air quality monitoring and management. The Air Quality Standards (Resolution No 01-2005) set limits for pollutants like particulate matter (PM), sulphur dioxide (SO₂) and nitric oxide (NOx). The National Environmental Protection Strategy promotes clean energy and emission reduction. The country is also part of international agreements like the Convention on Long-Range Transboundary Air Pollution (CLRTAP).
- Water resources management: Law No 64-00 emphasises sustainable water use and conservation. The Regulation on the Use and Conservation of Water Resources (Decree No 193-01) sets guidelines for water use and quality. The National Water Quality Monitoring Program assesses water quality to protect public health and ecosystems. The country is a signatory to agreements like the United Nations Convention to Combat Desertification (UNCCD) and the Ramsar Convention.
- Soil conservation and land use: Law No 64-00 addresses soil erosion and promotes sustainable land use. The Land Use Planning Law (Law No 1-12) integrates EIAs in land use decisions. The Dominican Republic is part of international agreements like the UNCCD.
- Flora and fauna protection: Law No 64-00 protects wildlife and plant species, with Decree No 123-02 establishing protected areas. The country is committed to biodiversity conservation through conventions like the Convention on Biological Diversity (CBD), the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), Ramsar and the Convention on the Conservation of Migratory Species of Wild Animals (CMS).
- Safeguarding natural habitats and landscapes: Protected areas are regulated by the Protected Areas Law (Law No 202-04) and the Biodiversity Law (Law No 100-13). These laws ensure ecosystem preservation and sustainable use of biological resources.
- Marine ecosystem conservation: Law No 64-00 and the Marine Protected Areas Law (Law No 202-04) protect marine habitats. The Biodiversity Law (Law No 100-13) promotes sustainable marine resource use. The country is part of agreements like the CBD, the United Nations Convention on the Law of the Sea (UNCLOS) and Ramsar.
- Addressing climate change: The National Development Strategy (Estrategia Nacional de Desarrollo (END)) 2030 and the Climate Change Law (Law No 1-12) focus on climate resilience and reducing greenhouse gas emissions. Public participation and stakeholder engagement are emphasised in climate-related decision-making.
3.2 Breaching Protections
Breaching environmental protections can result in various legal and administrative consequences aimed at ensuring compliance and safeguarding natural resources. These consequences include substantial fines and penalties, which vary depending on the severity of the violation. Authorities may suspend or revoke permits and licences, halting operations until compliance is achieved. Offenders might be required to restore damaged ecosystems or rehabilitate polluted sites. In severe cases, criminal charges can be pursued, leading to imprisonment or other sanctions. Affected parties may seek compensation through civil lawsuits, and entities with past violations may face increased regulatory scrutiny. Additionally, breaching environmental protections can cause significant reputational damage, affecting relationships with stakeholders, customers and the community.
4. Environmental Incidents and Permits
4.1 Investigative and Access Powers
Environmental protection and enforcement are supported by several key institutions, including SENPA, the Línea Verde and the Specialized Prosecutor's Office for Environmental Matters.
- SENPA is responsible for monitoring compliance with environmental regulations, conducting inspections and enforcing laws related to environmental protection. It has the authority to enter properties, gather evidence and take enforcement actions against violators, such as issuing fines and suspending permits.
- Línea Verde serves as a public reporting hotline that allows citizens to report environmental violations, such as pollution incidents and illegal activities. This initiative encourages public participation in environmental protection and facilitates timely responses from regulatory authorities, including SENPA.
- The Specialized Prosecutor's Office for Environmental Matters operates under the Attorney General's Office and focuses on prosecuting environmental crimes. It investigates alleged violations, collaborates with regulatory bodies to gather evidence and seeks penalties against offenders. This office plays a critical role in enforcing environmental laws, promoting compliance and raising public awareness about the importance of protecting natural resources.
4.2 Environmental Permits/Approvals
Article 40 of Law 64-00 (General Law on Environment and Natural Resources) mandates that any activity potentially affecting the environment, such as construction, industrial activities, natural resource extraction, waste management and tourism development, requires an environmental permit.
To obtain an environmental permit, applicants must submit a detailed application to the Ministry of Environment and Natural Resources, including information about the project, its potential environmental impacts and management plans. For projects with significant environmental impacts, an EIA is required to evaluate and mitigate potential negative effects.
The Ministry reviews the application and EIA, considering public and stakeholder feedback to ensure comprehensive evaluation. If the application meets all requirements, the Ministry issues an environmental permit with specific conditions and requirements for the project's implementation.
If an applicant disagrees with the Ministry's decision, they can appeal by submitting a written appeal within a specified timeframe. The Ministry will conduct an administrative review, considering any new evidence or arguments. If unresolved, the applicant can pursue judicial recourse by filing a lawsuit for further review.
Public participation is encouraged throughout the permitting process, allowing community members to voice concerns and engage in discussions about the project's environmental impacts.
4.3 Regulators' Approach to Policy and Enforcement
The regulators' approach to environmental policy and enforcement emphasises sustainability, compliance and public participation.
Regulators prioritise preventive measures to avert environmental harm before it occurs, conducting EIAs for projects that may significantly affect the environment. The regulatory framework is anchored in laws such as Law 64-00 (General Law on Environment and Natural Resources) and sector-specific regulations, establishing clear guidelines for environmental protection and pollution control.
Regulatory authorities, including the Ministry of Environment and SENPA, actively monitor compliance with environmental regulations through regular inspections. Violations can lead to fines, suspension of permits or other enforcement actions.
Public involvement is encouraged in the decision-making process through community consultations and public comment periods, fostering transparency and accountability. There is also collaboration among various government agencies, local governments, non-governmental organisations (NGOs) and international bodies to address environmental challenges effectively
Education and capacity-building initiatives are emphasised, providing training and resources to businesses, communities and the public to promote understanding of environmental laws and best practices. When violations occur, regulators impose penalties and corrective measures to deter future non-compliance, ranging from monetary fines to stricter oversight of operations.
4.4 Transferring Permits/Approvals
Environmental permits and approvals can be transferred in the Dominican Republic, subject to certain conditions and regulatory processes.
Environmental permits are generally transferable, but this depends on the regulations set by the Ministry of Environment and Natural Resources. This transferability applies to permits for activities like construction, industrial operations and natural resource extraction.
The permit holder must seek approval from the Ministry of Environment before transferring the permit to another party. This ensures the new holder meets all necessary qualifications and can comply with environmental regulations. The regulatory authority may also evaluate the compliance history of both the current and prospective permit holders. If the current holder has a history of violations, the transfer may be denied.
The transfer process involves submitting a formal application to the Ministry of Environment detailing the new permit holder and the reasons for the transfer. The Ministry will review the application, assessing the new holder's qualifications and capacity to manage environmental responsibilities. If approved, the Ministry will issue a formal transfer approval, making the new permit holder responsible for adhering to all conditions of the original permit.
Transfers can be made to individuals, companies or entities capable of complying with the environmental regulations and conditions stipulated in the permit. This includes new owners, partners or operators responsible for the activities covered by the permit.
4.5 Consequences of Breaching Permits/ Approvals
Breaching an environmental approval or permit can lead to legal and practical consequences. Legally, violators may face fines, suspension or revocation of permits, civil liability for damages and even criminal penalties. Practically, violations can disrupt operations, cause financial losses, increase scrutiny, damage reputations and lead to public opposition.
Key types of liability include administrative sanctions, civil compensation, criminal penalties, strict liability for hazardous activities, joint and several liability for multiple parties and obligations to restore damaged environments. Compliance with regulations is crucial to avoid these consequences and protect the environment.
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Originally published by Chambers Guide To Environmental Law 2024
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
