DR1 Daily News - Dominican Republic

What rights for compensation do mining companies have if they are not granted exploitation rights based on the social rejection of the project? Experts have yet to go on record, but a quick search online turns up these answers.

In the Dominican Republic, the legal landscape regarding compensation for denied mining rights is complex, especially when a project is halted due to social opposition or environmental concerns.

Under Mining Law 146-71 and the Dominican Constitution, the state maintains absolute ownership of subsurface resources. While a concession provides a legal pathway to explore, it does not guarantee an absolute right to exploit. The current Minister of Energy and Mines is a strong advocate of changing the mining law.

The principle of “State Sovereignty” vs. “Vested Rights”Public Utility Status: Law 146-71 defines mining as an activity of “public utility.” This gives...