DOMINICAN REPUBLIC Law and Practice Contributed by: Guillermo Estrella Ramia, Yamel Llenas Lajud, Mariela Santos Jiménez and Valentina Gallo Botero, Estrella & Tupete
4. Environmental Incidents and Permits 4.1 Investigative and Access Powers The Ministry of Environment and Natural Resourc- es (MIMARENA) holds broad powers of inspection, investigation, enforcement and control in response to any environmental incident or breach of regulations or permit conditions. These powers are established under the Regulation for Environmental Control, Moni- toring and Inspection and the Application of Adminis- trative Sanctions. MIMARENA may do the following: • carry out ordinary or ad hoc inspections; • access facilities; • request documentation or technical information; • order the temporary or permanent suspension of activities posing environmental risks; • impose administrative sanctions, such as – (a) fines, (b) confiscations, or (c) closure of operations; and • require the immediate implementation of mitigation, remediation or restoration measures for the dam - age caused. When an act constitutes a criminal offence, the Office of the Specialised Environmental Prosecutor (PEDMA) intervenes as the competent authority to prosecute cases. PEDMA has the power to: • receive complaints; • initiate proceedings ex officio in environmental matters; • exercise public interest representation as a party in environmental trials; and • trigger criminal prosecution when ecosystem dam- age occurs. This co-ordination is complemented by the National Environmental Protection Service (SENPA), a spe- cialised military body under the Ministry of Defence, which provides operational support in inspection, control and enforcement activities. Additionally, Law No 64-00 empowers the Ministry to adopt precautionary or preventative measures, such
as halting works or seizing equipment when there is imminent ecological risk. In cases of environmental emergencies – including spills, forest fires or large- scale pollution – MIMARENA may declare an envi- ronmental contingency situation and co-ordinate an inter-institutional response with bodies such as the Emergency Operations Centre (COE), municipalities and relevant sectoral authorities. 4.2 Environmental Permits/Approvals In the Dominican Republic, any work, project or activ- ity that may generate impacts on the environment or natural resources must obtain a prior environmental authorisation from the Ministry of Environment and Natural Resources (MIMARENA), pursuant to Law No 64-00 on the Environment and Natural Resources and the Regulation on the Environmental Evaluation Pro- cess, approved by Resolution No 13-2014. This requirement applies to both public and private projects that, by their nature, scale or location, may cause alterations to the physical, biological or social environment. It includes: • infrastructure works; • intensive agriculture; • waste management; • manufacturing industries; • real estate developments; and • any activity involving the use or transformation of natural resources. The system classifies environmental authorisations into four categories, determined according to the potential level of environmental impact. • energy; • mining; • tourism; • Category A – Environmental Licence: required for projects with high or significant environmental impacts, which must be accompanied by an Envi- ronmental Impact Study (EIA). • Category B – Environmental Permit: applicable to projects with moderate impacts, supported by an Environmental Impact Declaration (DIA). • Category C – Environmental Compliance Certifi- cate: required for low-impact projects that must
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