DOMINICAN REPUBLIC Law and Practice Contributed by: Guillermo Estrella Ramia, Yamel Llenas Lajud, Mariela Santos Jiménez and Valentina Gallo Botero, Estrella & Tupete
the Ministry of Environment and Natural Resources (MIMARENA) to submit studies, respond to require- ments, and adjust management plans according to the authority’s observations. Public participation and citizen consultation are also fundamental pillars, allowing communities and civil organisations to provide input and observations on high-impact projects. Co-operation is further strength- ened through voluntary agreements between MIMA- RENA and private companies, which establish com- mitments for mitigation, monitoring and sustainability. MIMARENA actively participates in inter-institutional councils and commissions – such as those on cli- mate change, water resources and protected areas – to ensure cross-sectoral policy co-ordination. It also maintains strategic partnerships with multilateral and academic organisations, including the UNDP, the European Union, and the Inter-American Development Bank (IDB), aimed at enhancing technical capacity and promoting regulatory innovation. 3. Environmental Protections 3.1 Protection of Environmental Assets The protection of environmental assets holds con- stitutional status and is governed by Law No 64-00 on the Environment and Natural Resources, which mandates their use according to principles of sus- tainability. In practice, this protection is exercised through instruments such as Environmental Impact Assessments (EIA), Environmental Management and Adaptation Plans (PMAA), and monitoring and control programmes for air, water and soil quality, all super- vised by MIMARENA. Water resources are managed by the National Institute of Hydraulic Resources (INDRHI) and framed within the National Commitment for Water 2021–2036, which prioritises human consumption and watershed preser- vation. Law No 202-04 on Protected Areas safeguards high-value ecological ecosystems, including national parks, scientific reserves and wildlife refuges. Com- plementarily, Law No 225-20 on Solid Waste Man- agement and Law No 57-07 on Renewable Energy integrate sustainability into waste management and
energy development, promoting a circular economy and decarbonisation. At the international level, the Dominican Republic is a party to key environmental treaties, which guide national policy towards the conservation of natural resources. These include: • Convention on Biological Diversity; • Ramsar Convention; • Vienna Convention; and • Paris Agreement. 3.2 Breaching Protections In the Dominican Republic, violations of environmen- tal protection regulations may result in administrative, civil and criminal sanctions. At the administrative level, the Ministry of Environment and Natural Resources (MIMARENA) may do the fol- lowing: • impose fines; • suspend or revoke licences; • order the closure of operations; and • mandate restoration of the environmental damage. In the civil sphere, offenders are required to repair or compensate for damages under a regime of objective and joint liability, meaning they are held accountable for harm even without proof of fault. In serious cases, the acts may constitute environmen- tal crimes, prosecuted by the Office of the Specialised Environmental Prosecutor (PEDMA) and punishable by: • aggravated fines; • asset confiscation; or • imprisonment. Overall, the Dominican system combines preventa- tive measures, corrective sanctions and restorative actions, aiming not only to punish but also to ensure the restitution of ecological damage and the preven- tion of future harm.
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