DOMINICAN REPUBLIC Law and Practice Contributed by: Guillermo Estrella Ramia, Yamel Llenas Lajud, Mariela Santos Jiménez and Valentina Gallo Botero, Estrella & Tupete
5. Environmental Liability 5.1 Key Types of Liability
the original authorisation under the new name. Failure to comply with this procedure may render the licence or permit unenforceable or expired before the state, leaving the project subject to sanctions or suspension of operations. 4.5 Consequences of Breaching Permits/ Approvals Failure to comply with the conditions established in an environmental licence, permit or certificate constitutes an administrative offence under Law No 64-00 on the Environment and Natural Resources. Depending on the severity and nature of the violation, administrative, civil or criminal consequences may arise. At the administrative level, the Ministry of Environment and Natural Resources (MIMARENA) is empowered to: • impose fines; • suspend or revoke environmental authorisations; • order the temporary or permanent closure of operations; or • mandate the immediate implementation of mitiga- tion and remediation measures. In cases of repeated offences or severe environmental damage, the Ministry may revoke the authorisation and refer the case to the Public Prosecutor’s Office for criminal proceedings. At the civil level, the project holder is obligated to repair or compensate for environmental damage, in accordance with the principle of objective and joint liability, which requires responsibility even in the absence of intent or negligence. When non-compliance constitutes an environmental crime – such as pollution, illegal logging or unlaw- ful discharges – the Office of the Specialised Envi- ronmental Prosecutor (PEDMA) intervenes to pursue criminal prosecution. In addition to the obligation to restore affected ecosystems, criminal penalties may include: • imprisonment;
In the Dominican Republic, environmental damage or non-compliance with environmental regulations may give rise to administrative, civil and criminal liability. Such responsibility may fall upon the following: • operators; • owners; • developers; or • any natural or legal person who directly or indirect- ly causes, tolerates or benefits from environmental harm. At the administrative level, the Ministry of Environment and Natural Resources (MIMARENA) may, on its own initiative, impose: • fines; • suspensions; • closures; • revocations of permits; and • orders for immediate mitigation or restoration measures. These sanctions apply both to the project holder and to their legal representatives. At the civil level, an objective and joint liability sys- tem applies, requiring reparation or compensation for environmental damage even in the absence of intent or negligence. This liability may also extend to land- owners if it is proven that they tolerated the damage or failed to adopt preventative measures. At the criminal level, both natural and legal persons may be prosecuted for environmental crimes. Sanc- tions, under the direction of the Office of the Special- ised Environmental Prosecutor (PEDMA) include: • imprisonment; • confiscation; • aggravated fines; and • the obligation to restore affected ecosystems.
• confiscation; and • aggravated fines.
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