The first environmental regulations in the Dominican Republic date back to the beginning of the 20th century, as a consequence of indiscriminate tree cutting. In 1901, the first municipal ordinance was enacted, prohibiting both deforestation and the pollution of streams. Subsequently, in 1927, the country created its first protected area, known as Vedado del Yaque. This event represented a milestone in the history of environmental legislative development in the Dominican Republic, becoming one of the first environmental management tools implemented within Dominican territory and laying the foundation for the unified environmental regulations established thereafter.
Throughout the 20th century, Dominican environmental legislation was enacted in a fragmented manner until the adoption of the General Law on Environment and Natural Resources No. 64-00 in 2000, which became one of the most modern legal instruments of its kind in Latin America.
The aforementioned law establishes the foundations for the protection of the environment and natural resources and recognizes fundamental environmental principles, such as the Precautionary Principle, the Prevention Principle, the “Polluter Pays” Principle, the Principle of Strict Liability, the Principle of Participation, the “in dubio pro natura” Principle, the Principle of Prohibition ab initio, and the Principle of Public Order, among others. All of these form part of the fundamental values of the General Law on Environment and the country’s environmental policy.
However, it was not until 2010 that the country incorporated into its Constitution the recognition of every person’s right to the use and enjoyment of natural resources and to live in a healthy, ecologically balanced environment, suitable for the development and preservation of the different forms of life, landscapes, and nature.
Regarding the authority responsible for enforcing current environmental legislation, Law No. 64-00 appointed the Ministry of Environment and Natural Resources as the “governing body for the management of the environment, ecosystems, and natural resources…”
Within the jurisdictional framework, both the Specialized Environmental Prosecutor’s Office and the Courts of First Instance have jurisdiction over matters related to non-compliance with or violations of environmental legislation. In the first case, the Office of the Prosecutor for the Defense of the Environment and Natural Resources is a specialized department of the Attorney General’s Office of the Republic, responsible for representing and defending the interests of the State and society in environmental matters in all proceedings involving violations of environmental legislation.
