DOMINICAN REPUBLIC Law and Practice Contributed by: Giselle Pérez Reyes and María Virginia Ditrén Báez, Guzmán Ariza Abogados
2.2 Impact of Environmentally Protected Areas on Mining The Dominican Republic maintains an extensive net - work of protected areas that materially influences the feasibility and design of exploration and mining pro - jects. Law No. 202-04 on the Sector for Protected Areas establishes the National System of Protected Areas (SINAP) and classifies zones into strict protec - tion, biodiversity conservation, natural monuments and multiple-use categories, each with its corre - sponding restrictions. Strict-protection categories – such as scientific reserves and marine mammal sanctuaries – generally prohibit all forms of mineral exploration and extrac - tion. Multiple-use or buffer zones may allow limited activity but are subject to enhanced scrutiny and stringent environmental management requirements imposed by the Ministry of Environment. These restrictions are reinforced by the Constitution, which protects water resources of strategic value (Art. 15) and imposes State duties to preserve ecological integrity (Arts. 66–67). Law No. 64-00 on Environment and Natural Resources (Arts. 122–128) further des - ignates protected areas as environmentally sensitive zones requiring expanded baseline studies, cumula - tive impact assessments, and stricter mitigation and restoration measures. In practice, protected-area designations may limit or entirely bar concession applications under Mining Law No. 146-71. Even where mining is technically permis - sible, project design must adapt to conservation man - dates, often resulting in reduced footprints, altered access routes, operational constraints and intensi - fied monitoring. Early spatial analysis and proactive engagement with regulators are therefore essential for project viability. 2.3 Impact of Community Relations on Mining Projects Community relations in mining are addressed through constitutional principles, environmental legislation and administrative practice. Although Mining Law No. 146- 71 does not create a stand-alone community-relations regime, Law No. 64-00 on Environment and Natural Resources integrates mandatory mechanisms for
public participation and social-impact management into the environmental permitting process. Under Articles 38–45 of Law No. 64-00, the EIA pro - cess requires public consultation for high-impact pro - jects, including mining. The Ministry of Environment conducts or oversees public hearings, disclosure ses - sions and comment periods, ensuring that affected communities can express concerns and participate in the assessment of environmental and social impacts. These consultations form part of the technical basis for granting an Environmental Licence. Environmental Licences often include Social Manage - ment Plans and ongoing stakeholder-engagement requirements, mandating continuous communica - tion, grievance mechanisms and monitoring of social commitments. Issues such as land access, resettle - ment, cultural heritage and community development are reviewed within the EIA and regulated through licence conditions. Although not legally required, voluntary community- development programmes – such as local procure - ment initiatives, employment commitments and social investment projects – are common, particularly for large-scale mining operations. These measures sup - plement regulatory obligations and support long-term social licence to operate. 2.4 Prior and Informed Consultation on Mining Projects Prior and informed consultation is required in the Dominican Republic, but it is not organised as an autonomous legal regime equivalent to free, prior and informed consent. Instead, consultation is embedded in the public-participation procedures of Law No. 64-00 on Environment and Natural Resources, which apply to all high-impact projects undergoing a full EIA. Responsibility for ensuring consultation lies primar - ily with the Ministry of Environment, which organises or supervises hearings, validates participation, and integrates community feedback into the environmen - tal evaluation. The project proponent must supply all technical studies, social impact information and com - munication materials, and often supports logistical and outreach activities. Investors frequently engage in
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