DOMINICAN REPUBLIC Law and Practice Contributed by: Giselle Pérez Reyes and María Virginia Ditrén Báez, Guzmán Ariza Abogados
and small-scale mining rather than large clandestine operations competing with industrial producers. While these activities can generate environmental impacts, safety risks and land-use conflicts, they are not mate - rially disruptive to the country’s industrial mineral pro - duction, which is dominated by a few large, fully regu - lated operations. Government action focuses on formalisation and enforcement. The Specialised Environmental Pros - ecutor’s Office ( Procuraduría Especializada para la Defensa del Medio Ambiente ) and the Environmental Compliance and Enforcement Directorate of the Min - istry of Environment play a key role in investigating and sanctioning illegal extraction. Mining companies typically respond through site security, community engagement and co-operation with authorities to manage and reduce informal activity. 2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects The Dominican Republic presents both construc - tive and challenging examples of environmental and community relations in mining. On the positive side, local development mechanisms such as the Consejo Provincial para la Administración de los Fondos Min- eros de Sánchez Ramírez (FOMISAR) – the provincial council responsible for managing a portion of mining revenues – are widely regarded as examples of effec - tive tripartite governance, transparency and alignment with local priorities. Several companies have also implemented training programmes, local-content ini - tiatives and continuous engagement strategies that strengthen social licences and reduce conflict. Conversely, challenges persist. Independent stud - ies have identified localised water-quality impacts associated with mining activities, reinforcing commu - nity concerns regarding contamination and long-term environmental management. An Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development (IGF) assessment further notes incon - sistent consultation practices, limited integration of socio-economic planning into permitting, and public distrust where engagement is perceived as insufficient or overly procedural.
Overall, while the regulatory framework and indus - try practices have evolved, persistent gaps in early engagement, environmental oversight and communi - cation can generate tension around new or expanding projects. 3. Climate Change, Energy Transition and Sustainable Development in Mining 3.1 Climate Change Effects Climate policy is increasingly shaping how mining is planned, permitted and operated in the Dominican Republic. The country is highly vulnerable to extreme rainfall, hurricanes and water stress, and climate risk is expressly recognised in the National Development Strategy 2030 (Law No. 1-12) and in sectoral planning. Although there is no mining-specific climate statute, Law No. 64-00 on Environment and Natural Resourc - es requires comprehensive EIAs, and climate-relat - ed factors – flooding, erosion, hydrology and water quality – are increasingly scrutinised for large mining projects. Independent studies in mining districts have highlighted the sensitivity of water bodies to cumu - lative impacts, which reinforces regulatory emphasis on water management, tailings stability and baseline monitoring. At the policy level, the National Climate Change Poli - cy (Decree No. 269-15), the National Adaptation Plan 2015–2030 (PNACC-RD) and the national MRV sys - tem for greenhouse gases (Decree No. 541-20) pro - mote mainstreaming climate adaptation and mitiga - tion across sectors, including mining. In practice, climate initiatives are translating into stricter EIA terms of reference, greater attention to drainage and extreme-event design criteria and grow - ing expectations – especially from lenders and inter - national partners – that mines reduce reliance on fossil electricity and align with lower-carbon, more resilient operating models.
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