DOMINICAN REPUBLIC Law and Practice Contributed by: Guillermo Estrella Ramia, Yamel Llenas Lajud, Mariela Santos Jiménez and Valentina Gallo Botero, Estrella & Tupete
• accessing incentives for recycling and recovery projects. Their obligations cover: • the safe handling of waste; • prevention of leaks or contamination; • submission of contingency plans; and • the exclusive use of authorised facilities. Non-compliance may result in: • fines; • suspension or revocation of licences; • temporary or permanent closures; and • criminal liability under Law No 64-00 (in severe cases). MIMARENA retains inspection and sanctioning pow- ers, ensuring the environmental traceability and integ- rity of the waste management system. 16. Environmental Disclosure and Information 16.1 Disclosure and Reporting Requirements Companies and projects with environmental impact are required to periodically report to the Ministry of Environment and Natural Resources (MIMARENA) on compliance with the conditions set forth in their licence, permit or environmental certificate. They must immediately notify any environmental incident or accident, as well as any significant operational or impact-related changes. Holders are also required to submit environmental monitoring reports, audits and updated management plans, certified by accredited environmental consultants. Although there is no general obligation for public disclosure by companies, the Law on Free Access to Public Information and the citizen participation principle under Law No 64-00 allow any person or community to request environmental information from MIMARENA or to participate in consultation and pub- lic hearings during project evaluation processes.
Failure to disclose, falsifying or withholding informa- tion may result in fines, suspension, or revocation of the environmental licence, and, in severe cases, criminal liability for environmental harm or document falsification. 16.2 Public Environmental Information Access to environmental information is a right guaran- teed by the Dominican Constitution and Law No 200- 04 on Free Access to Public Information, applicable to all state entities. Any person may request environ- mental information held by public authorities without needing to prove interest or justify the purpose of the request. For this purpose, public authorities and bodies include ministries, decentralised institutions, state-owned companies, municipalities, autonomous agencies, and any entity that manages public funds or provides public-interest services – including the Ministry of Environment and Natural Resources (MIMARENA) and its subsidiaries. Except when the information is confidential, strategic or related to industrial property, the public may access the following: • environmental licences; • impact studies; • compliance reports; • sanctions; • resolutions; and • management plans. Failure to uphold transparency obligations may result in administrative sanctions and functional liability for public officials. 16.3 Corporate Disclosure Requirement In the Dominican Republic, there is no general obliga- tion for companies to disclose environmental informa- tion in their annual reports. However, certain regulated sectors – such as energy, mining and finance – must report on environmental compliance and sustainability performance to their respective sectoral or financial authorities.
180 CHAMBERS.COM
Powered by FlippingBook