DOMINICAN REPUBLIC Law and Practice Contributed by: Giselle Pérez Reyes and María Virginia Ditrén Báez, Guzmán Ariza Abogados
3. Decree No. 430-18 (Fiscal Reserve “Ávila”) Declares the Ávila area as a Fiscal Mining Reserve, granting the State exclusive rights to evaluate and develop rare earth elements and strategic minerals. It establishes a framework for State-led or State-con - trolled exploration in areas of high geological interest. 4. Decree No. 453-24 (Creation of EMIDOM) Creates Empresa Minera Dominicana, S.A. (EMIDOM), a State-owned mining company empowered to carry out exploration, exploitation and commercialisation activities in strategic mineral areas, including those declared as fiscal reserves. EMIDOM may partner with private operators under special contractual frame - works. Sector-Specific Environmental Norms Environmental norms for non-metallic mining operations These technical standards complement Law 64-00 and regulate non-metallic mining in areas such as water and waste management, dust and noise control, slope stability, progressive rehabilitation, mine closure and community safety. Administrative Resolutions and Technical Standards The MEM and the General Directorate of Mining (DGM) regularly issue sectoral resolutions, technical require - ments and mapping updates governing: • geological reporting and reserves certification; • fiscal reserves and strategic areas; • mine closure and post-closure obligations. 1.3 Ownership of Mineral Resources In the Dominican Republic, mineral resources belong to the Nation, not to the surface landowner. The Constitution establishes that non-renewable natural resources form part of the public domain of the State (Article 14) and may only be explored or exploited by private parties through State-granted concessions, licences or contracts (Article 17). Building on this con - stitutional mandate, Dominican law recognises that the State’s sovereign authority over subsurface min - eral resources exists independently of – and prevails • concession maintenance; • operational standards; and
over – any private property rights on the land where such resources are located. This regime is implemented through Mining Law No. 146-71 (as amended by Law No. 79-03), which con - firms that all mineral substances remain the exclusive property of the State, irrespective of the ownership, possession or use of the surface land. The State may therefore authorise third parties to carry out explora - tion or exploitation activities through administrative concessions, without requiring the consent of the landowner and without such concessions being con - tingent upon private property rights. Private parties may acquire legally enforceable rights over mineral resources solely by virtue of these concessions, which constitute public-law entitlements derived directly from the State’s dominion over the national subsoil. 1.4 Role of the State in Mining Law and Regulations In the Dominican Republic, the State acts primarily as a grantor and regulator of mineral resources. As the Constitution declares all non-renewable natural resources to form part of the public domain, the State retains ownership of all mineral substances while delegating exploration and exploitation activities to private parties through administrative concessions, licences or contracts granted under Mining Law No. 146-71. The State exercises this authority mainly through the MEM and the DGM, which oversee the granting, administration and supervision of mineral rights, as well as technical compliance and sectoral policy. Envi - ronmental regulation and permitting remain under the jurisdiction of the Ministry of Environment. As a general rule, Dominican law does not impose mandatory State participation, State equity or gov - ernment joint ventures in mining projects. Private operators may develop mining activities without a requirement to include the State as a partner, unless otherwise provided by special legislation. However, the legal framework now includes an express exception for rare earth elements. Under a recently issued decree governing the exploration and exploitation of rare earth minerals, the State reserves
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