DOMINICAN REPUBLIC Law and Practice Contributed by: Giselle Pérez Reyes and María Virginia Ditrén Báez, Guzmán Ariza Abogados
1. Mining Law: General Framework 1.1 Main Features of the Mining Industry The mining industry in the Dominican Republic is char - acterised by the presence of metallic resources (nota - bly gold, copper, nickel/ferronickel, silver and zinc) and non-metallic minerals (limestone, marble, indus - trial sands) extracted in both large-scale projects and smaller operations. The regulatory framework focuses on State-granted rights for exploration, exploitation and processing of mineral substances, and there is growing attention to critical minerals and rare earths. The sector is centrally regulated by the State through national agencies, and mining activity requires explo - ration permits, exploitation concessions and process - ing authorisations, as well as Environmental Licences and local approvals. 1.2 Legal System and Sources of Mining Law The Dominican Republic is a civil law jurisdiction in which mining activities are governed by codified stat - utes and sector-specific administrative regulations. The legal framework is hierarchical, beginning with the Constitution, followed by organic and sectoral laws, and complemented by implementing regulations, decrees and technical norms issued by the compe - tent authorities. Constitutional Framework The 2015 Constitution establishes the overarching principles applicable to natural resources. Articles 14 and 17 establish State ownership of non- renewable natural resources and require that their exploration and exploitation be conducted through State-granted concessions, licences or contracts, subject to environmental sustainability and with eco - nomic benefits directed towards national and local development. Primary Legislation The main statutory instruments governing mining are the following. 1. Mining Law No. 146-71 (as amended by Law No. 79-03) This is the core legal framework regulating the explo - ration, exploitation and beneficiation of metallic and
non-metallic mineral substances. It defines the cat - egories of mineral rights, the procedures for granting and maintaining concessions, the rights and obliga - tions of concessionaires, and the applicable fiscal and sanctioning regimes. 2. Law No. 64-00 on Environment and Natural Resources This is the principal environmental statute govern - ing environmental impact assessment (EIA), environ - mental licensing, emissions controls, monitoring and enforcement. All mining projects – metallic and non- metallic – are subject to this law. 3. Law No. 123-71 on Materials of the Earth’s Crust Regulates the extraction of aggregates and con - struction materials (sands, gravels, limestone, clays). It applies particularly to non-metallic mining and is administered jointly with local authorities in matters of land use. 4. Law No. 100-13 creating the Ministry of Energy and Mines (MEM) Designates MEM as the sector’s governing authority, responsible for mining policy, evaluation and grant - ing of mineral rights, and technical oversight of the industry. Regulations and Decrees The statutory framework is developed through various regulatory instruments, including the following. 1. Regulation No. 207-98 (Reglamento de Aplicación de la Ley Minera) Implements the Mining Law by detailing administra - tive procedures for concession applications, techni - cal evaluations, reporting obligations, opposition pro - cesses and State supervision of mining activities. 2. Regulation No. 1315-71 on the Extraction of Components of the Earth’s Crust Applies primarily to non-metallic mining and quarry - ing. It regulates operational aspects such as extrac - tion methods, volume controls, site management requirements, safety measures and post-extraction rehabilitation.
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