Environmental law
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What types of environmental insurance are available in the market, and how big a role does environmental risks insurance play in the Dominican Republic?

Although the Environmental General Law instructs the Ministry of the Environment and Natural Resources, together with the Ministry of Economy, to issue the necessary provisions to establish mandatory civil liability insurance to cover damages to the environment and natural resources accidentally caused, environmental risk insurance is yet to be developed in the Dominican Republic. In addition, the Insurance General Law No. 146-02 does not specifically provide for environmental risk insurance.

Nevertheless, the Environmental General Law sets forth the obligation to obtain a compliance bond for all companies or persons responsible for activities which require an environmental permit or licence. The purpose of this bond is to assure compliance with the provisions of the environmental authorisation and ensure execution of the environmental management plan approved by the environmental authorities for the operation. The amount of the bond is 10% of total cost of the physical works or investments required to fulfil the environmental management plan.

Regardless of existing legislation, insurance companies have not yet created, under the heading of “environmental risk insurance”, all the contingencies related to the impact on the environment. It is possible to obtain a variety of insurance policies that provide companies with a partial solution to the requirement, among them: (i) Social Liability Insurance; and (ii) Social Liability Insurance for Industrial Risks. In particular, the terms and conditions of the latter must be agreed upon with the insurer for each specific case.

If you wish to read detail information in environment as well as Quiroz Santroni’s performance and expertise in this legal practice, please visit: The International Comparative Legal Guide for Environment and Climate Change by 2015

Exemptions for tourism projects

A coherent legal framework for supply diversification

In terms of public policy for the tourism sector, Dominican Republic has been consistent with its growth objectives since the 1970s. The virtues of the country for visitors’ enjoyment have been exploited to benefit a sustained and steady growth that led to creating more rooms and better hotels and tourist infrastructures. However, in the last 15 years, since the creation of the Law 158-01 on Tourism Development, the country’s tourism has begun to diversify; adding to the concept ‘all-inclusive’, which became known to the country in the world, different tourist facilities such as golf courses, theme parks, aquariums, convention centers and real estate tourist facilities as villas and apartments, among others. (more…)

What types of liabilities can arise where there is a breach of environmental laws and/or permits, and what defences are typically available?

When an individual or a company does not comply with environmental laws or authorisations, it can result in civil, administrative and/or criminal liability, depending on the fault committed.
The GLENR sets forth environmental liability by including the strict liability principle whereby the classic exclusions in liability clauses are not applied to environmental civil liability. Legal responsibility arises from the production of the damage itself. This doctrine establishes that anyone who causes damage to the environment and natural resources will be liable for it and will have to restore it to its previous condition. [Article 169 of the Environmental and Natural Resources General Law 64-00. If that is not possible, additional compensation will apply. Administrative liability has become the most frequent type of liability when a breach of environmental laws and or permit takes place. (more…)

What is the Basis of Environmental Policy in the Dominican Republic and Which Agencies/Bodies Administer and Enforce Environmental Law?

The first environmental regulations in the Dominican Republic were enforced at the beginning of the twentieth century as a result of indiscriminate felling of trees. The first municipal ordinance was enacted in 1901 prohibiting both felling and streams pollution. Later, in 1927 the first protected area in the country was created which was called Vedado del Yaque [Yaque’s Preserve]. This deed constituted a landmark in the history of environmental legislative evolution in the Dominican Republic. These initiatives became the first steps to organize the environmental management system and would result on the basis of unified environmental legislation soon to come. All in all, environmental legislation in the Dominican Republic has been enacted through the years in a dispersed manner until promulgation in 2000 of the Environmental and Natural Resources General Law No. 64-00, which has become one of the most up-to-date legal instruments of its kind in Latin America. (more…)

What Enforcement Powers Does the Ministry of Environment Have in Connection with the Violation of Permits?

According to the Dominican environmental legislation, the Ministry of the Environment and Natural Resources may enforce several penalties through administrative action in the event of non-compliance of the provisions of an environmental authorization, without detriment of the civil and/or criminal liabilities that non-compliance may imply. (more…)

Using technology as a way to promote sustainable tourism projects

Drones and the Environment

There’s an essential step in any tourism project that must take place before any other: ratifying its feasibility. This includes reviewing the project’s concept, features and construction parameters from an environmental, legal, economic and financial point of view. This critical analysis would also include a review of the rules applicable to land use and tourism development in said space, as well as the area’s environmental conditions. (more…)

Agreement between Playa Grande Club & Reserve and Infotep

A sustainable tourism project that promotes both community training and the formal sector

Acuerdo Playa Grande Club & Reserve e INFOTEPWith more than 2,000 hectares in the Dominican Republic’s northern seaboard and nearly seven miles worth of coastline, and views to the Atlantic Ocean, Playa Grande is an extraordinarily beautiful place. The crown jewel is a mile-long beach of the same name, a near-virgin territory of great natural beauty framed by a set of mountains that meet in a plateau of rolling hills, with lush native trees and royal palms; this beach is followed by a more intimate spot, Playa Preciosa. The surrounding area is pristine and uninhabited, featuring underground springs that provide plenty of fresh water. (more…)