Santroni Parsons

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Legislative Updates

MINISTRY OF ENVIRONMENT AND NATURAL RESOURCES (MARENA)

1 – MOUNTAIN CONSTRUCTION. Resolution No. 0005 (January 26, 2017). Establishing the parameters for the granting of environmental authorizations for infrastructure projects in Mountain Areas.

This resolution addresses infrastructure projects located in mountainous areas with forest potential and of interest for water production.

The main obligations are:

A) Include in the environmental assessment a cost-benefit study justifying that the Dominican State should allow the intervention of the project in consideration of the cost of correcting potential impacts (Art. 5).

B) Submission of a hydrological and geological study (Art. 6).

C) Maintain native forest coverage of at least sixty percent (60%) of the total land area, and in the event that the land is devoid of vegetation at the time of intervention, the project developer must include a restoration plan using native species from the site (Art. 10).

D) Establishment of two types of maximum construction levels, related to slope and to the height of native vegetation.

E) Obligation to submit an archaeological study (Art. 12.2).

F) Prohibition of the location of industrial, commercial, or subdivision infrastructure at elevations above 1,200 meters above sea level (Art. 14). This provision was later amended by Resolution No. 0009-2017 (February 13, 2017), establishing that the prohibition would apply to elevations above 1,300 meters above sea level.

G) Obligation to create a trust benefiting the Ministry of Environment and Natural Resources, in order to guarantee compliance with the Environmental Management and Adaptation Program (Art. 15).

2 – NON-METALLIC MINING. NEW PERMITTING PROCESS. Resolution No. 0001/2017 (March 2, 2017). Approving the procedure for granting environmental authorizations for non-metallic mining operations.

This resolution is addressed to individuals or legal entities engaged in the exploitation of the earth’s crust through non-metallic mining operations. It modifies the requirements for obtaining such permits and, at the same time, cancels all permits that were valid at the time.

Likewise, among its most important provisions, it establishes a maximum validity period of four (4) years for environmental authorizations related to this activity.

3 – PROHIBITION ON THE IMPORTATION OF REFRIGERANTS. Resolution No. 012/2017. Prohibiting the importation and production of refrigeration, climate control, and air-conditioning equipment that use so-called Hydrochlorofluorocarbons (HCFCs) as refrigerant gases, or any other substances that deplete the ozone layer.


LAWS


4 – LAND TRANSPORTATION. Law No. 63-17 (February 24, 2017) on Mobility, Land Transportation, Traffic, and Road Safety of the Dominican Republic. Official Gazette No. 10875 of February 24, 2017.

The purpose of this law is to regulate and supervise mobility, land transportation, traffic, and road safety in the Dominican Republic, and to establish the institutions responsible for planning and executing these activities, as well as the applicable regulations.

Likewise, the matters regulated by this law range from public transportation, taxi services, tourism transportation, cargo transportation, emergency transportation, motorcycle transportation, school transportation, and public passenger transportation vehicles.

Additionally, through this law, the National Institute of Land Transit and Transportation (INTRANT) is created (Art. 7) as the national governing body for the mobility, land transportation, traffic, and road safety system of the Dominican Republic (Art. 8).

5 – BILL PROJECTS – DISCUSSION IN CONGRESS

The following are the bills currently being discussed in the National Congress of the Dominican Republic.

6 – BILL PROJECTS – TOURISM SECTOR

  • Bill for Ecotourism Development in the Dominican
  • Republic.Bill creating the Country’s Border Tourism Corridor.
  • Bill making the lifeguard service and the installation of surveillance towers mandatory in public and private swimming areas.

7 – BILL PROJECTS – ENVIRONMENTAL SECTOR

  • Bill on Coastal and Marine Resources.
  • General Bill on Drinking Water and Sanitation.
  • Bill on Payments for Environmental Services.
  • General Bill on Solid Waste Management.
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