The Constitutional Court has struck down as non-constitutional the resolution of the Ministry of Energy and Mines that establishes the concession regime for mining operations in the Dominican Republic. The constitutional body declared resolution number R-MEM-REG-048-2017, which was issued by the Ministry of Energy and Mines on 13 October 2017, not in accordance with the 2015 Constitution. The ruling is contained in the communiqué 50/18, published on 23 November 2018.
The court says the resolution violates the principles of legality, regulatory subordination, and legal security provided in articles 40.15, 128.1.b and 138.2 of the Constitution, respectively.
In that sense, it accepted an action of unconstitutionality filed by the Oil Mining Chamber of the Dominican Republic (CAMIPE) and the Dominican Association of Portland Cement Producers (ADOCEM).
The resolution of the Ministry of Energy and Mines, whose annulment was ordered by the Constitutional Court, had established that exploitation concessions will be granted for the requested term up to a maximum of 25 years, counted from the date on which it is granted.
It contemplates that the area of an ordinary exploitation concession may not be greater than 5,000 mining hectares and that they will be granted according to the characteristics of the deposits or findings reported by the applicant. In addition, it indicates that the maximum allowed area that can receive a concession for the same natural or legal person will be 15,000 hectares.
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Listin Diario
Tribunal Constitucional
28 November 2018
