DOMINICAN REPUBLIC Law and Practice Contributed by: Guillermo Estrella Ramia, Yamel Llenas Lajud, Mariela Santos Jiménez and Valentina Gallo Botero, Estrella & Tupete
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1. Regulatory Framework and Law 1.1 Environmental Protection Policies, Principles and Laws Environmental protection in the Dominican Republic is constitutionally established as a collective and diffuse right, recognised in Articles 66 and 67 of the Constitu- tion. These provisions impose on the state the duty to prevent pollution, protect ecosystems, and ensure a healthy environment for present and future genera- tions, granting this right the highest legal hierarchy. On this foundation stands Law No 64-00 on the Envi- ronment and Natural Resources, which does the fol- lowing: • regulates all activities with direct or indirect impact on natural resources; • creates the Ministry of Environment and Natural Resources as the governing authority in the sector; and • establishes the guiding principles of prevention, precaution, restoration, and “polluter pays”, which underpin all environmental management in the country. Complementary laws form a transversal environmen- tal system. • Law No 225-20 on Comprehensive Management and Co-processing of Solid Waste introduces the principles of circular economy and extended pro- ducer responsibility.
• Law No 202-04 on Protected Areas organises the National System of Protected Areas and safe- guards biodiversity, together with its Regulation on Research in these areas. • Law No 57-07 on Incentives for the Development of Renewable Energy Sources promotes the transi- tion towards a clean energy matrix. • Law No 90-19 amends Law No 287-04 on harmful noise and sound pollution. • Administrative Sanctions Regulation for the Envi- ronment and Natural Resources, and the Inspec- tion Regulation, in coherence with the implementa- tion of Chapter XVII of the DR-CAFTA Free Trade Agreement. • Various environmental regulations concerning: (a) groundwater quality and discharges; (b) management of radioactive waste, infectious waste, and non-hazardous solid waste; and (c) water quality and emission control standards. Additionally, the country has strengthened its regu- latory framework through recent public policies and national strategies, such as the National Climate Change Policy (PNCC), the National Commitment for Water 2021–2036, and the Green and Social Taxon- omy 2023, which link environmental management to sustainability and green finance objectives. Internationally, the Dominican Republic is a party to key instruments, including the following: • Paris Agreement; • Convention on Biological Diversity; • Kyoto Protocol;
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