Mining 2026

DOMINICAN REPUBLIC Law and Practice Contributed by: Giselle Pérez Reyes and María Virginia Ditrén Báez, Guzmán Ariza Abogados

2. Impact of Environmental Protection and Community Relations on Mining Projects 2.1 Environmental Protection and Licensing of Mining Projects Environmental regulation in the Dominican Repub - lic operates within a centralised national framework grounded in the Constitution, which declares all min - eral resources to be property of the State (Art. 14) and recognises the right to a balanced and healthy envi - ronment (Arts. 66–67). The principal statute is Law No. 64-00 on Environment and Natural Resources, which creates the Ministry of Environment as the competent authority and establishes the national system for EIA and environmental permitting. Mining activities are governed by Mining Law No. 146-71, which expressly subjects all exploration and exploitation stages to compliance with environmen - tal legislation. The environmental licensing process is strictly national – there is no provincial or municipal layer – and is implemented through Law No. 64-00, its regulations, and the Regulation on Environmental Authorisations (eg, Resolución 09/2015). Exploration requires an Environmental Authorisa - tion, typically supported by an Initial Environmental Assessment or Environmental Management Pro - gramme. Mining exploitation requires a full EIA under Articles 38–45 of Law No. 64-00, including baseline studies, impact modelling, public participation, and a mine closure and rehabilitation plan. Once approved, the Ministry of Environment issues an Environmental Licence, the binding instrument governing environ - mental performance throughout the life of the project. The Ministry of Environment exercises broad supervi - sory and enforcement powers under Articles 169–175 of Law No. 64-00, including inspections, corrective orders, sanctions and suspensions of operations. Although capacity varies, large-scale mining projects are subject to rigorous technical review, inter-agency oversight and continuous monitoring, resulting in a generally robust and increasingly sophisticated regu - latory environment.

Term Length and Progression Exploration concessions are granted for up to three years, with the possibility of renewal if minimum work programmes and reporting obligations are met, as established in Mining Law No. 146-71. Holders that demonstrate a commercially viable deposit may apply for an exploitation concession, which grants long-term rights to extract and benefici - ate minerals for up to 75 years, typically granted in successive periods as defined by law. Maintenance Requirements Concessionaires must: • carry out minimum exploration or production work; • pay applicable fees, surface canon and royalties; • submit required technical and environmental reports; and • comply with environmental management and moni - toring obligations. Cancellation Mechanisms Concessions may be suspended or cancelled for statutory causes, including: • failure to meet minimum work or investment requirements; • non-payment of fees or royalties; • abandonment of operations; and • serious environmental or regulatory violations. Operating Control and Marketing Mineral production extracted under an exploitation concession may be freely processed, marketed and exported, subject to compliance with export and reporting regulations. Transferability Concessions are recognised as real rights with eco - nomic value and may be transferred, assigned or encumbered, provided that any transfer receives prior approval from the MEM.

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