Environmentalist and lawyer Yomaira Martino has told Diario Libre that a land use study must be finalized in order to establish whether mining can take place in the Loma Miranda area.
In his letter objecting to the bill granting national park status for Loma Miranda, President Danilo Medina said that during his presidency he would not authorize mining in Loma Miranda or in any other area without the strict fulfillment of environmentally sustainable requirements. At the same time, the President highlighted the importance of maintaining juridical security.
Martino said that the veto opens the possibility for the mining company to apply once again for extraction permits and the environmental license that were denied by the Ministry of Environment after receiving a report from the UNDP that concluded that the environmental impact study submitted by Falcondo was incomplete.
She said that other legal recourses could be submitted, which could be civilian, administrative or based on international agreements.
“Whatever is decided, this serves as a precedent for foreign investment, for mining and environmental protection and is one of the most important in Dominican environmental law.
In this context, she told Diario Libre that “the only way we are going to resolve these land use conflicts, on whether it can be used for mining or not, is with a strategic land use plan that tells the country and any foreign investor if the lands are located in a given area or is suitable for agriculture or conservation.”
A land use bill submitted by the Ministry of Economy and Planning has languished in Congress for many years.
In his message to Congress, President Danilo Medina stated:
“I feel obliged to observe the content of the bill and ask the honorable legislators not only to reject this bill, but also to postpone any decision on Loma Miranda, and any other area of the country for mining potential until the legislature passes the Dominican Republic Land Organization Plan as ordered by the Constitution. This is mandated in Art. 194 of the 2010 Constitution.”
Deputy Vinicio Selman said yesterday, Thursday 4 September, that Constitutional Court ruling 167-13 had decided against mining in the Loma Miranda before the bill granting national park status to the area was passed. The Constitutional Court had confirmed a decision by the Third Penal Chamber of the Court of First Instance of La Vega that had ordered a halt on work being carried out by Swiss mining company Falcondo in Loma Miranda, on the grounds that it was detrimental to the environment. The recourse was submitted by the Fundacion Padre Rogelio Cruz and Miguel Angel Reynoso Sicard.
http://www.diariolibre.com/noticias/2014/09/05/i777591_suerte-loma-miranda-pendiente-ahora-del-plan-ordenamiento.html
http://telenoticias.com.do/posicion-de-vinicio-castillo-selman-sobre-observacion-del-ley-sobre-loma-miranda/