General Law No. 64-00 on Environment and Natural Resources

TITLE I

OF THE FUNDAMENTAL PRINCIPLES, OBJECTIVES AND BASIC DEFINITIONS

CHAPTER I
OF THE FUNDAMENTAL PRINCIPLES

Article 1.- This law has for object establish the standards for the conservation, protection, improvement and restoration of the environment and resources natural, ensuring their use energy.

Article 2.- The provisions contained in this law sound order public.

Article 3.- The resources natural and the environment are . común of the nation and an essential element for the sustainable development of country.

Article 4.- It is declared of interest national the conservation, protection, restoration and use sustainable of the resources natural, the environment and the goods that make up the . natural and culture.

Article 5.- It is responsibility of the State, society and of every inhabitant of the country protect, conserve, enhance, restore and make a use sustainable of the resources natural and environmental, and eliminate the patterns of production and unsustainable consumption.

Article 6. - The freedom of citizens in the use of the resources natural is based on the right all person to enjoy a healthy environment. The state will guarantee the participación of the communities and inhabitants of the country in conservation, management y use sustainable of the resources natural resources and the environment, as well as access to insights truthful and timely information about the situation and the state thereof.

Article 7.- Environmental protection programs and resources natural must estar integrate with the general plans and programs of economic and social development, way that the corresponding problems be given an approach común and seek sustainable solutions subject to a regime of priorities in the implementation of sectoral policies and in the use and conservation of resources resources.

Article 8.- The criterion of prevention shall prevail over any other in the management public and private environmental and resources natural. The claim cannot be made lack of absolute scientific certainty as reason not to adopt Preventive and effective measures in all activities that negatively impact the environment, as seen here al principle precautionary.

Article 9.- Environmental impact assessment studies and environmental reports will be the basic instruments for the management environmental.

Article 10.- El State will provide for the incorporation of environmental costs and the use of economic instruments for the prevention, correction and restoration of damage to the environment and for the conservation of the resources natural.

Article 11.- Human settlement policies will take into account account el right of human beings to a Life healthy and productive in harmony with nature.

Article 12.- The formulation of policies on the resources natural and the environment will have in account el result of the proceedings of scientific research. However, the authorities environmental and individuals will apply the principle precautionary.

Article 13.- In the use of the resources water, human consumption will have priority over any other use.

Article 14. - The political national on the environment and resources natural resources must be based on and respect the principles established in this law y as seen here to the international commitments undertaken by the State Dominican.

CHAPTER II
ABOUT THE OBJECTIVES

Article 15.- The specific objectives of this document are: law:

La prevention, regulation and control of any of the causes or activities that cause environmental deterioration, contamination of ecosystems and the degradation, alteration and destruction of the . natural and cultural;
Establish the means, forms and opportunities for conservation and use sustainable of the resources natural, recognizing their value part, which includes the environmental services they provide, within a planning national based on sustainable development, with equity y Justice Social;
The correct use of physical space through a ordering territorial that considers the resources natural and cultural as a basis for the existence and development of human activities;
Strengthen the System National of Protected Areas for to guarantee biological and landscape diversity;
To guarantee the rational management of watersheds and water systems, thus ensuring their sustainability;
Promote and stimulate environmental education as a means to promote a society in harmony with nature;
Promote a healthy environment that contributes to maintaining health and prevention of diseases;
Promote and encourage actions that tend towards development and fulfillment of the present law.
CHAPTER III
BASIC DEFINITIONS

Article 16.- For the effects of this law, shall be understood as:

Sustainable use: The use of resources natural in crafts that the functional integrity and the capacity de load of the ecosystems that they form part.
Protected areas: One portion of land and/or Mar especially dedicated to the protection and maintenance of significant elements of biodiversity and resources natural and cultural associated, managed by mandate legal and other effective means.
Aridification: Lost progressive decrease in water availability in ecosystems altered by the action human. Aridification is expressed in a decrease in biodiversity, biological productivity, reorientation of ecological dynamics and the predominant presence of species adapted to the lack water.
Human settlement: A human settlement is understood to be the place where a group people reside and regularly carry out their social activities.
Environmental audit: Documented, periodic and objective systematic evaluation carried out to determine whether the work de management and environmental behavior satisfy the previously established provisions, if the work has been implemented crafts effective and whether it is suitable for achieving the political and environmental objectives.
Biodiversity: The set of each and every species of living beings, genes, landscapes and habitats in all their varieties.
Environmental quality: Capacity of ecosystems for to guarantee the basic functions of the species and populations that comprise them. It is a direct function of biodiversity and plant cover.
Quality of Life: Degree to which members of a society human beings satisfy their material and spiritual needs. Their rating is based on indicators of basic satisfaction and through judgments of value.
Capacity de load: Intellectual of the environment to absorb or withstand external agents, without suffering deterioration that affects its own regeneration, or prevents its renewal. natural under normal time frames and conditions, or significantly reduce its ecological functions.
Conservation: The application of the necessary measures to preserve, improve, maintain, rehabilitate and restore populations and ecosystems, without to affect its use.
Contamination: The introduction into the environment of harmful elements Life, flora or fauna that degrade or diminish the quality of the atmosphere, water, soil or goods y resources natural in general.
Contamination sonic: Sounds that by their level, prolongation or frequency affect human health, the quality of Life of the población and the functioning of ecosystems, exceeding permissible levels legally established.
Pollutant: Any matter, element, compound, substance, chemical or biological derivative, energy, radiation, vibration, noise or a combination of them in any of its physical states, which when incorporated or acting in the atmosphere, water, soil, flora, fauna or any other element of the environment, alters or modifies its composition. natural and degrade its quality, putting in risk the health of people and the preservation and conservation of the environment and the Life wild.
Environmental control: The mass surveillance, inspection, monitoring and application of measures for environmental protection.
Ecological criteria: The mandatory guidelines contained in this document law, to guide actions for the preservation and restoration of ecological balance, the sustainable use of resources natural resources and the protection of the environment, which will be instruments of the political environmental.
Hurt environmental: All pérdida, decrease, deterioration or damage that is caused to the environment or to one or more of its components.
Declaration Environmental Impact: It is a proceedings which analyzes a proposal for action from the point of sight of its effect on the environment and the resources natural, and consists of the enunciation of the effect substantial, positive o negative of happiness action proposal on one or more elements.
Sustainable development: The proceedings evaluable through environmental, economic and social criteria and indicators that tend to improve the quality of Life and the productivity of people, which is based on appropriate measures to preserve ecological balance, protect the environment and use resources. resources natural resources, so that the satisfaction of the needs of future generations is not compromised.
Disaster environmental: The alteration of the environment caused by natural telluric, atmospheric, climatic or infectious forces, and the induced or produced intentional or accidentally by action human, immediate or eventual, which gives rise to catastrophic situations in which, suddenly or not, human tragedies occur, daily patterns of life are disorganized Life, are destroyed goods economic and cultural or are significantly affected resources vital natural resources.
Toxic waste and hazardous waste: These are those that, at any time, state physical, contain significant quantities of substances that present or may present a danger to the Life or health of living organisms when released into the environment, or if they are handled incorrectly due to the magnitude or modality of their corrosive, toxic, poisonous, reactive, explosive, flammable, biologically harmful, infectious, irritating or any other characteristics that represent a danger to human health, the quality of the Life, resources natural or ecological balance.
Desertification: It is a progressive and irreversible modification of ecosystems that assumes the ecological characteristics of deserts: water scarcity (lack (immediate rainfall, runoff and evaporation), strongly seasonal ecodynamics, short periods of intensive growth of opportunistic species (ruderals), progressive decrease of organic matter in soils, predominance of third and fourth class predators level, among others.
Hydrological districts: Conjunction or association of small hydrographic basins that are located in the same region.
Document Environmental Impact: Document prepared by a multidisciplinary team, under the responsibility of the proponent, through which it is made known to the authority competent authority and other interested parties, the results and conclusions of the environmental impact study, and the technical information and data are translated into clear and easy-to-understand language.
Ecosystem: Universe of functional relationships between the components of a habitat.
Environmental education: Process permanent civic training, formal and informal, for awareness and development of values, concepts, attitudes and skills regarding protection and use sustainable of the resources natural and the environment.
Environmental Impact Study: Set of technical and scientific activities aimed at the identification, prediction and control of the environmental impacts of a project and its alternatives, presented in crafts de report technical and carried out according to the criteria established by current regulations.
Strategic Environmental Assessment: It is a instrument environmental assessment of public policies, activities and sectoral projects for to guarantee the incorporation of the environmental variable in the different sectors of the administration public.
Environmental Impact Assessment: It is the instrument de political y management environmental formed by the set of procedures, studies and technical systems that allow estimating the effects that execution of a certain work, activity or project may cause to the environment.
Wetland: Extension of marshes, swamps and peat bogs, or surfaces covered with water, whether these are of regime natural or artificial, permanent or temporary, stagnant or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six metres, including artificial wetlands such as rice paddies and reservoirs.
Environmental impact: Any significant alteration, positive or negative. negative, of one or more of the components of the environment and the resources natural, caused by the action human and/or natural events.
Interest collective: Interest corresponding to groups or collectives of people.
Interest Diffuse: This is the property that is spread throughout a community, corresponding to each of its members, and that does not emanate from property titles. your property, derechos or concrete actions.
License environmental: Document in which it is stated that the corresponding environmental impact study has been submitted, and that the activity, work or project can be carry carried out, subject to applying the environmental adaptation and management program indicated therein.
They are technical standards, parameters and values, established with the object to protect human health, the quality of the environment or the integrity of its components.
Environment: The work of biotic, abiotic, socioeconomic, cultural and aesthetic elements that interact with each other, with individuals and with the community in which they live, and which determine their relationship and survival.
Levels of issue: Measured amount of substances discharged into the environment.
Environmental standards of issue: Values which establish the amount of issue maxim permitted level of a substance, measured at the emitting source.
ordering of the territorio: Process of planning, evaluation and control aimed at identifying and programming human activities compatible with conservation, use and management of the resources natural in the territorio national, respecting capacity de load of the environment natural, to preserve and restore the ecological balance and protect the environment, as well as to to guarantee the well-being of the población.
ordering from the ground: Process de planning aimed at evaluating and programming the use from the ground in the territorio national, according to its characteristics and potential, taking into account account resources natural and environmental, economic and social activities and the distribution of población, within the framework of a political of conservation and use sustainable of the resources natural and the environment.
Excuse me environmental: Document awarded by the authority competent at the request of part interested party, in which it certifies that, from the point of sight of environmental protection, the activity can be carried out under the condition of comply the indicated measures.
Preservation: Set of provisions and measures to maintain the state current of an ecosystem.
Protection: Set of policies and measures to prevent deterioration, threats and restoring the altered environment and ecosystems.
Resources Coastal and marine: These are those made up of the waters of the Mar territorial, the estuaries, the submarine continental platform, the coastlines, the bays, islands, keys, capes, estuaries, mangroves, reefs, underwater vegetation, places of observation of scenic beauties, the resources biotic and abiotic within these waters and associated ecosystems.
Resources genetic: Set of genes present in wild and/or managed populations that constitute the basis of biodiversity.
Resources Hydrological: Any source of water, flowing or confined, surface or underground, coastal or internal, fresh, brackish or salt, as well as the aquatic ecosystems and species that inhabit them, temporary or permanently, in areas where the Republic Dominican exercises jurisdiction.
Resources natural: Natural elements available to the man to meet their economic, social and cultural needs.
Risk environmental: Potential of a action of any nature that, due to its location, characteristics and effects can cause damage to the environment or ecosystems.
Society civil: A group of individuals or legal entities that own a interest collective diffuse as seen here to the present law, which expresses its participación public and social in the Life local and/or national.
Environmental management unit: Unit natural with clearly defined physical boundaries where the effects of development activities can be planned, evaluated and managed in a crafts systematic, harmonious and comprehensive.
Lifespan Wild: It is the set of flora and fauna species that are found in state natural, which are neither cultivated nor domesticated.
CHAPTER IV
FROM THE SECRETARIAT OF STATUS OF ENVIRONMENT AND RESOURCES NATURAL

Section I
On the creation, objectives and functions of the Secretariat

Article 17.- The Secretariat of is created State of Environment and Resources Natural as body rector of the management of the environment, ecosystems and resources natural, so that it complies with the powers that in accordance with the legislation environmental in general, correspond to the State, in order to achieve sustainable development.

Article 18.- They correspond to the Secretariat of State of Environment and Resources The following functions are natural:

Prepare the political national on the environment and resources natural country;
Execute and supervise the political national on the environment and resources natural;
Manage the resources natural domain of the State that have been assigned to them;
Ensure the preservation, protection and use sustainable environment and resources natural;
Seek the progressive improvement of the management, administration and regulations relating to the contamination of soil, air and water, for the conservation and improvement of environmental quality;
Ensure that the exploration and exploitation of the resources mining is carried out without causing irreparable damage to the environment and human health; stop the execution of any mining activity, when it considers, based on scientific studies, that it may endanger human health and cause irreparable damage to the environment or to unique or essential ecosystems for the normal development of the Life human; and to guarantee the restoration of ecological damage and the compensation for the economic damage caused by mining activity;
Control and ensure the conservation, use e research of coastal and marine ecosystems and their resources, of wetlands, as well as for the correct application of the regulations relating to them;
Promote and to guarantee conservation and the use sustainable of the resources forestry and monitor the application of the political forestry of the State and the rules that regulate its use;
Develop standards, revise existing ones and monitor the effective implementation of the legislation and also to to guarantee conservation and the use sustainable of the resources natural and improve the quality of the environment;
Guide, promote and stimulate in private institutions, community and non-governmental organizations, the activities of preservation, restoration, conservation and use sustainable environment, as well as the protection of the resources natural resources, adapting their activities to environmental policies, objectives and goals resources expected natural;
Promote the integration of the society civil and community organizations to plans, programs and projects aimed at the preservation and improvement of the environment;
Develop and to guarantee the correct application of the rules for the conservation, preservation and management of protected areas and the Life wild;
Collaborate with the Secretariat of State of Education and Culture in the development of teaching plans and programs at the different levels of education national will be applied in relationship with the environment and the resources natural resources; as well as promoting with said Secretariat non-discrimination and education programs formal;
Establish mechanisms that guarantee that the sector private adjust its activities to the planned sectoral policies and goals;
Stimulate industrial reconversion processes, linked to the implementation of clean technologies and the implementation of decontamination, recycling and waste reuse activities;
Study and evaluate the economic cost of environmental and natural resources deterioration. resources natural resources, so that they are included in operating costs and considered in national accounts;
Establish the System National de Information Environmental and Resources Natural; carry out, organize and update the Inventory of biodiversity and the resources national genetics, as well as design and execute the strategy national biodiversity conservation;
Control and prevent la contamination environmental at the emission sources. Establish environmental standards and general regulations on the environment, to which human settlements, mining, industrial, transport and tourism activities must be subject; and, in general, all the service or activity that may cause, directly or indirectly, environmental damage;
Promote the incorporation of the environmental dimension and use sustainable of the resources natural to System National de Planning;
Assess, give monitoring and supervising the control of the factors of risk environmental and those that may impact the idea of natural disasters and carry out directly, or in coordination with other relevant institutions, actions aimed at prevent la emergency or to prevent the extension of its effects;
Propose to the The ability to Executive the positions nationals in relationship to international negotiations on environmental issues and on the participación national at the conferences of the parties to international environmental conventions; propose the subscription and ratification; be the focal point of the same; and represent al country in international environmental forums and organizations in coordination with the Secretariat of State of Foreign Affairs;
Collaborate with the Secretariat of State of Public Health and Assistance Social in the formulation of the political national de población and in carrying out studies and evaluations of interest común;
Promote, in coordination with the competent bodies, the implementation of programs and projects for the prevention of disasters that may to affect the environment and the resources natural resources, as well as the mitigation of the damage caused;
Coordinate with the Secretariat of State by Armed forces and by the Ministry of Home Affairs of the Government of Spain with the Police National, the actions to be taken to ensure protection and defense of the resources natural country;
Any other function assigned to you as seen here to law.
Paragraph.- The functions mentioned in the preceding sections will be carried out using the mechanisms of collaboration y consultation established by the Office National de Planning, which will include the work together with the sectoral offices of planning of the different Secretariats of State and other provincial and municipal bodies.

Article 19.- The Council National of Environment and Resources Natural, as a link between the System National de Planning Economic, Social and Administrative, the productive sector national, society civil and the entities of the administration centralized and decentralized public entities belonging to the environmental sector and resources natural, and as organ responsible for programming and evaluating policies, as well as establishing the strategy national biodiversity conservation. The Council National of Environment and Resources Natural will be composed of:

secretary of State of Environment and Resources Natural, who will preside over it;
secretary of State Technician of the Presidency;
secretary of State of Agriculture and Livestock;
secretary of State of Public Health and Assistance Social;
secretary of State of Education;
secretary of State of Public Works and Communications;
secretary of State by Armed forces;
secretary of State of Tourism;
secretary of State de Industry y Stores;
secretary of State of Foreign Affairs;
secretary of State de Work;
Secretary General of the League Municipal;
Institute National de Resources Hydraulic.
In addition, they will be summoned representative from the North, South, East and West regions of the Non-Governmental Organizations (NGOs) in the area of ​​environment and resources natural; a representative of a Company peasant; two representatives of universities (public and private); and a representative from the business sector, from lists of three candidates presented by their respective organizations to the Secretary of State of Environment and Resources Natural and designated by decree of the The ability to Executive.

Paragraph I.- The resolutions of the Council National of Environment and Resources Natural are of fulfillment required and corresponds to the Secretariat of State of Environment and Resources Natural their execution.

Paragraph II.- A special regulation will govern the operation of the Council National of Environment and Resources Natural.

Section II
From the basic structure of the Secretariat of State of Environment and Resources Natural

Article 20.- The Secretariat of State of Environment and Resources Natural will be structured, attending to its areas of competition and functions, in five undersecretariats of State:

Managerial Accounting environmental;
Soils and waters;
Resources forestry;
Protected areas and biodiversity; and
Resources coastal and marine
Paragraph.- The organic and functional regulations of the Secretariat of State of Environment and Resources The Natural Resources Department will determine the specific functions and internal structure of the undersecretariats and other organic units necessary for their effective operation.

Article 21.- The Sectoral Office of is created Planning and Programming as organ adviser of the Secretary of State of Environment and Resources Natural in terms of planning economic, social and administrative, which, in addition to the functions established by the law No. 55, of November 22, 1965, on the System National de Planning, will be the Secretariat's support unit in the proceedings of its conformation.

Section III
On the reorganization of public bodies belonging to the environmental sector and resources natural

Article 22.- It is transferred and, consequently, will depend on the Secretariat of State of Environment and Resources Natural, under its new structure, the Undersecretariat of State de Resources Natives of the Secretariat of State of Agriculture, the Address National of Parks, the Department Office of the Environment National de Planning, the Institute National de Resources Foresters, the Institute National Environmental Protection and the Office for the Protection of the Earth's Crust, of the Secretariat of State of Public Works.

Paragraph I.- The decree No. 216, of June 5, 1998, which creates the Institute of Environmental Protection (INPRA) and the law 118-99 and its regulations, of the Institute National de Resources Forestry (INAREF) and its powers are transferred to the Secretariat of State of Environment and Resources Natural.

Paragraph II.- The Ministry of Environment and Resources Natural will be done cargo of all buildings, furniture, equipment, materials, and the resources physicists, whatever their class, a power of the bodies that are transferred to it and those that are hereby abolished law.

Paragraph III.- The Address General of Mining of the Secretariat of State de Industry y Stores must coordinate with the Secretariat of State of Environment and Resources Natural formulation of the political mineralogical national, as well as its application, which must estar subject to the political national on the environment and resources natural adopted by the The ability to Executive.

Article 23.- They are attached to and, therefore, will depend on the Secretariat of State of Environment and Resources Natural, the Botanical Garden National "Dr. Rafael M. Moscoso", the Zoological Park National "Arch. Manuel Valverde Podestá", the Aquarium National, the Museum National de History Natural and the Institute National de Resources Hydraulics (INDRHI).

Paragraph I.- The Board of Directors of the Zoological Park are hereby created. National, from the Botanical Garden National, from the Aquarium National, from the Museum National de History Natural and the Institute National de Resources Hydraulics as administrative and financial control bodies, which will be chaired by the Secretary of State of Environment and Resources Natural and formed and regulated by decree of the The ability to Executive.

Paragraph II.- The institutions mentioned in this article they keep their autonomy functional, jurisdictional and financial, as well as its . y personality own legal entity.

Paragraph III.- The Institute National de Resources Hydraulics must be submitted for approval by the Secretariat of State of Environment and Resources Natural plans, programs, projects and activities that this institution to be carried out in the hydrographic basins, within the powers assigned by this law to the Secretariat of State of Environment and Resources Natural. The Institute National de Resources Hydraulics (INDRHI) will coordinate with the Secretariat of State of Environment and Resources Natural everything related to use and use of the resources water resources of the country.

Section IV
From System National de Managerial Accounting environmental and Resources Natural

Article 24.- For to guarantee the design and effective execution of policies, plans, programs and projects related to the environment and the resources natural, there will be a work with functions of formulation, guidance and coordination called System National de Managerial Accounting Environmental and Resources Natural.

Paragraph.- The System National de Managerial Accounting environmental and Resources Natural constitutes the set of orientations, norms, activities, resources, projects, programs and institutions that make the application possible, execution, implementation and start-up of the principles, policies, strategies and provisions adopted by the public authorities relating to the environment and the resources natural.

Article 25.- El System National de Managerial Accounting environmental and Resources Natural will be formed by:

The Secretariat of State of Environment and Resources Natural;
The institutional programming offices of the decentralized and autonomous organizations that make up the sector;
Two representatives from universities (public and private);
The Environment and Climate Change Commissions Resources Natives of the Town Hall of the District National, the municipal councils and the League Municipal;
Non-governmental organizations (NGOs) of the sector registered with the Secretariat of State of Environment and Resources Natural.
Paragraph.- It is the responsibility of the Secretariat of State of Environment and Resources Natural coordinate the System National de Managerial Accounting environmental and Resources Natural and prepare the corresponding regulations for its operation.

Article 26.- The institutions that form part of the System National de Managerial Accounting environmental and Resources Naturalists must have units of management environmental, organized with their own staff and financed with the budget of each entity. The units of management environmental are specialized structures, with functions of supervising, coordinating and give monitoring of environmental policies, plans, programs, projects and actions within its institution and to watch over the fulfillment of environmental standards by part of the same, ensuring the necessary inter-institutional coordination of the management environmental, according to the guidelines issued by the Secretariat of State of Environment and TITLE II
OF THE INSTRUMENTS FOR THE INTERNATIONAL OF THE ENVIRONMENT AND THE RESOURCES NATURAL

Article 27.- The instruments for the management of the environment and resources natural are the following:

La planning environmental;
The present law, special and sectoral laws, international conventions and treaties, and other legal provisions intended to protect the environment and resources natural resources, including technical standards for environmental protection;
El ordering territorial;
El work national of protected areas;
Environmental permits and licenses;
Strategic environmental impact assessment;
El work national de insights environmental and resources natural;
La mass surveillance and environmental inspection;
Environmental education and outreach;
Scientific and technological development;
The incentives;
El fondo national for the environment and the resources natural.
CHAPTER I
ON THE INCORPORATION OF THE ENVIRONMENTAL DIMENSION IN THE PLANNING

Article 28. - The planning development national, regional and provincial of country must incorporate the environmental dimension through a proceedings dynamic, permanent, participatory and concerted between the different entities involved in the management environmental.

Paragraph.- The centralized, decentralized, autonomous and semi-autonomous public institutions of the State, the Town Hall of the District National, the municipal councils and the League Municipal They will include in their budgets the corresponding items for the application of this document. article. It corresponds to the Technical Secretariat of the Presidency, through the offices National de Planning y National of Budget, already the League Municipal Dominican Republic, in coordination with the Secretariat of State of Environment and Resources Natural, to guarantee el fulfillment of the present article.

Article 29.- All plans, programs and projects of character development national, regional, provincial or municipal, must be prepared or adapted, as appropriate, guided by the guiding principles of this document. law, the environmental policies, strategies and programs established by the authorities competent.

CHAPTER II
TIME ORDERING TIME TERRITORY

Article 30.- It is declared high interest national the design, formulation and execution of the plan national de ordering of the territorio that incorporates environmental variables.

Paragraph I.- The Technical Secretariat of the Presidency, in coordination with the Secretariat of State of Environment and Resources Natural and other competent bodies of the State, will develop the actions aimed at give fulfillment to the present article, En a Plazo No. Most of three (3) years, which must be assigned in the Income Budget project and law de Additional The corresponding items are made public.

Paragraph II.- The ordering of the territorio should take as a guide the objectives and principles contained in this document law.

Article 31.- El ordering of the territorio, national, provincial or municipal, depending on the ///, will have as its main objectives the protection of its resources, the reduction of their vulnerability, the reversion of recurring losses due to use inadequate environmental and resources natural and achieve the maxim harmony possible in the interrelations of the society with nature, taking in account:

The nature and characteristics of different ecosystems;
The potential of each region depending on your resources natural;
The indispensable balance between human activities and their environmental conditions;
Existing ecological imbalances due to human causes;
The environmental impact of new human settlements, infrastructure works and related activities.
Article 32.- For to guarantee a management appropriate environmental, the Secretariat of State of Environment and Resources Natural will divide the territorio national in environmental management units, and should, whenever possible, respect the limits of the watersheds.

Paragraph.- Small basins may be joined to form hydrological districts.

CHAPTER III
TIME SYSTEM NATIONAL OF PROTECTED AREAS

Article 33.- The work national of protected areas, which includes all areas of that nature, existing and those created in the future, public or private. The responsibilities of the Address National from Parks to the Secretariat of State of Environment and Resources Natural. For the establishment of protected areas, must be taken into account account the following mandates:

Preserve the natural ecosystems representative of the various biogeographic and ecological regions of the country;
Protect watersheds, hydrological cycles, aquifer zones, samples of biotic communities, resources particular genetics and the genetic diversity of natural ecosystems and their elements;
Promote the development of eco-techniques and improve the rational and sustainable use of natural ecosystems and their elements;
Protect natural scenery and landscapes;
Promote recreational and tourism activities in coexistence with nature;
Promote environmental education, research scientific and the study of ecosystems;
Protect the natural environments of historical monuments, archaeological remains, and artistic remains.
Paragraph.- The management y mass surveillance of all protected areas must be done under mandatory management plans.

Article 34. (Transitional).- The work national of protected areas is made up of the conservation units and categories established in the following laws and decrees, whose limits are ratified by this document. law, as well as other legal and/or administrative instruments that may be adopted in the future:

Laws Nos.:

4389, of February 19, 1956, which creates a Reservation Forestry for scientific and nature protection purposes, called a park National «Armando Bermúdez»;
5056, of December 19, 1958, on the issuance of fishing permits, provided for by the law of Fisheries, No. 1518, June 18, 1938;
654, of April 24, 1974, which declares Reserved or Park National Old French Cape and its adjacent El Bretón beach, in the Rib north of territorio national;
664, of May 14, 1974, which declares Reserved or Park National Cabritos Island of Lake Enriquillo, province Independence ;
409, of April 8, 1976, which modifies articles 1, 4 and 5 of the law No. 244, of when and where January 10, 1968;
Decrees Nos.:

1311, of September 16, 1975, which declares a Park National from the East one area of around four hundred and thirty square kilometers (430KM2) in the province La Altagracia and dictates other provisions;
1863, of April 6, 1976, which declares Reservation RESEARCH PROGRAM Natural a portion of land in the municipality from Guayubín;
2924, of June 17, 1977, which declares a Park National Historic area where archaeological excavations are carried out in the ancient city of the Conception from La Vega;
157-86, of February 26, 1986, which declares as areas of utility public and interest social for the purposes of the conservation of natural ecosystems and historical and archaeological sites, of the research, education and recreation, with the category from "Park National Jaragua», the territories and maritime zones surrounding saying Park;
159-86, of February 26, 1986, which declares "Via Panoramic» for recreation, environmental education and nature protection purposes, the Aceitillar-Cabo Rojo highway, the former Alcoa Exploration Company highway;
1026-86-249, of September 25, 1986, which declares a Park National an area of ​​the March Caribbean with the name from «La Caleta Underwater Park»;
417-89, of October 26, 1989, which declares Reservation Green Ebony Scientist (Magnolia pallescens) several areas in the municipality of Constance;
82-92, of March 6, 1992, which declares the Reservation Loma Scientist Remove Espuela, located in San Francisco de Macorís, and puts it under the administration of the Fundación loma Remove Spur, Inc. and the Address General of Parks;
16-93, of January 22, 1993, which modifies the article 1 del decree No. 156-86, of February 26, 1986, on the Park National from Montecristi;
183-93, of June 24, 1993, which orders the creation of a green belt surrounding the area urban from the city of Santo Domingo de Guzmán;
356-93, of December 31, 1993, which declares the old Luperón highway, which connects the cities of Santiago de los Caballeros and Port Silver;
221-95, of September 30, 1995, which creates the National Parks "Nalga de Maco" and "Sierra de Neyba" and the "Monument Natural The Mahogany»;
309-95, of December 31, 1995, which adopts as a guide for the Company of the work national of protected areas, the generic categories agreed upon by the World Conservation Union;
233-96, of July 30, 1996, which applies the categories established by the standards of the World Conservation Union (IUCN), to scientific reserves, national parks, natural monuments, wildlife refuges and scenic routes, as well as architectural monuments, archaeological sites, underwater areas of interest historical and cultural and recreational, educational and cultural areas, previously reserved throughout the territorio national by various laws, decrees, and administrative provisions. It creates the following national parks: "Lago Herniquillo," "Juan Bautista Pérez Rancier," "Cabo Cabrón," "Sierra Martín García," "Juan Ulises García Bonelly," and "La Humeadora." It establishes the definitive boundaries of the park. National "Los Haitises." Expands the Park's boundaries National "Sierra de Bahoruco". Founded the scientific reserves: "Erick Leonard Ekman" and "Dr. Miguel Canela Lázaro", the biological reserves: "Father Miguel Domingo Fuertes», «Las Neblinas», «Dr. José de Jesús Jiménez Almonte» and «Wetlands of the Lower Yuna». He is assigned the category Monument Natural to the mountain "Isabel de Torres" and to "Luperón Bay" and "Lemon Waterfall". It names reserve anthropological "The Cave of Wonders" and expands the limits of the reserve Anthropological Institute "Cuevas de Borbón". Creates the wildlife refuge "Cantabrian Higuamo" and assigns the same category to the "Laguna Cabral". It expands the boundaries of the "Marine Mammal Sanctuary of the Republic Dominican Republic. Create the panoramic routes: "Atlantic Viewpoint", "Comate and Comatillo Rivers", "Paraíso Viewpoint", "Del Cantabrian Mao», «Rib Blue», «From the Cantabrian Bao" and "La Vega Valley Viewpoint" Real». Creates the national recreation areas: «The Port-Guaigüí», «Andrés Beach-Boca Chica», and «Cayo Levantado». Creates the ecological corridors: «Duarte Highway», «Tenares-Gaspar Hernández», «El Seibo-Miches», «El Abanico-Constanza», and «Cabral-Polo». Authorizes the Committee National "The Man and the Biosphere" (MAB Dominican) to present to the UNESCO MAB Committee, the proposals for the creation of the biosphere reserves: "Hoya del Lago Enriquillo with its surrounding mountain systems" and "Samaná Bay and its surroundings" and dictates other provisions for the protection of the . natural, historical and cultural of the Republic Dominican.
Paragraph I.- It is incorporated into the work national of protected areas the park national historic La Isabela created by provision administrative of the Address National of Paques.

Paragraph II.- A Plazo from ninety (90) days to The ability to Executive, to present a draft of law on Protected Areas and Biodiversity.

Paragraph III.- The work national of protected areas will have a transitory character until it is presented, approved and put into operation. validity a draft law sectorial that will update the work national of protected areas, as well as the categories as seen here to the international norms that govern this matter, its limits, and other relevant considerations. Until the promulgation of the Convention, law sectoral protection and biodiversity no modification will be permitted.

Article 35.- The objectives of establishing protected areas are:

Save, know, preserve and use, as seen here his category management, biodiversity and ecosystems under regime of protection that make up the . natural of the republic;
Keep in state natural representative samples of biotic communities, zones of Life, physiographic regions, biogeographic units, resources genetic and species of Life threatened, endangered or endangered wild species extinction, to facilitate the research scientific, the maintenance of biological diversity, ensuring the stability ecological, promote recreational activities and sustainable tourism and to promote environmental education, research scientific and the study of ecosystems;
Promote and encourage the conservation, recovery and use sustainable of the resources natural;
To guarantee environmental services derived from protected areas, such as carbon sequestration, reduction of effect greenhouse, contribution to climate stabilization and sustainable use of energy;
Preserve and recover the sources of production water and implement actions that allow for effective control, in order to prevent erosion and sedimentation.
Article 36.- Protected areas are . of the State, which must be managed according to their categories, zoning and regulations, based on management plans approved by the Ministry of State of Environment and Resources Natural, with the participación of the community and its organizations, in the management and their management.

Paragraph I.- The State Dominican may establish agreements for co-management and/or management of protected areas with interested entities, provided that the priority is the interest of conservation over any other.

Paragraph II.- When by the interest national and category of management so requires, is declared under the work national of protected areas an area belonging to a person o entity private, the State Dominican may declare it utility public and acquire it through purchase or barter, Being the price and the conditions established by the laws governing this matter or by mutual agreement.

Article 37.- When the set of environmental conditions of an area or area determined to be or could be seriously affected, the Secretariat of State of Environment and Resources Natural, after the relevant technical studies, may subject saying space to a regime provisional environmental protection, without this measure necessarily meaning that said area between within the work of protected natural areas.

Paragraph I.- When a space is attached to regime of provisional protection indicated in this document article, a management plan or control and recovery program will be established that will indicate the preventive or corrective measures that must be carried out in said area, as well as those responsible for implementing these measures and the time frames within which they must be implemented.

Paragraph II.- A provisional environmental protection area may cease to be such, or another area may be assigned to it. category specific and stable, when environmental conditions have been restored, having guaranteed the balance of the work ecological that characterizes it.

CHAPTER IV
ENVIRONMENTAL ASSESSMENT

Article 38.- For the purpose of prevent, control and mitigate potential impacts on the environment and resources natural disasters caused by works, projects and activities, the proceedings environmental assessment with the following instruments:

Declaration environmental impact assessment (EIA);
Strategic environmental assessment;
Environmental impact study;
Report environmental;
License environmental;
Excuse me environmental;
Environmental audits; and
Query public.
Article 39.- The policies, plans and programs of the administration public must be evaluated in their effects environmental, selecting the alternative of less simulator negative. A consistency analysis must be performed with the political national on the environment and resources natural. Each institution will carry out its own strategic environmental assessments. The Secretariat of State of Environment and Resources Natural Resources will issue guidelines for evaluations, approve and supervise the fulfillment of their recommendations

Article 40.- The project, work of infrastructure, industry or any other activity that due to its characteristics may to affect, in one way or another, the environment and the resources natural, must be obtained from the Secretariat of State of Environment and Resources Natural, prior to its execution, the permission environmental or the license environmental, depending on the magnitude of the effects that may cause.

Article 41.- Projects or activities that require the presentation of an environmental impact assessment are the following:

Ports, docks, shipping routes navigation, breakwaters, jetties, canals, shipyards, scrap yards, maritime terminals, reservoirs, dams, dikes, irrigation canals and aqueducts;
High voltage power transmission lines and their substations;
Hydroelectric and thermoelectric plants and nuclear power plants generación;
Airports, bus and train terminals, railways, highways, roads and public roads;
Development projects urban and human settlements; urban regulation plans;
Industrial plants, including sugar mills, cement plants, liquor plants, breweries, paper mills, chemical plants, textile plants, producers of construction materials, metal equipment and products, leather and skin tanning plants, production of gases, halogens, hydroacids and acids;
Agro-industries and slaughterhouses, breeding stables, dairy farms and fattening of industrial-sized animals;
Agrarian transformation plans, agricultural and livestock plantations, rural settlements, including those executed in accordance with the laws of Reform Agrarian;
Mining projects, including oil and gas projects peat; explorations or prospecting, removal of the vegetal layer and the earth's crust, exploitation, construction and operación of wells, tailings dams, processing plants, refineries and provision of waste;
Extraction of aggregates (rocks, gravel and sand);
Installation of oil pipelines, gas pipelines, mining pipelines and other similar pipelines;
Commercial tree plantation projects, sawmills, and wood processing plants;
Projects for the exploitation or cultivation of resources hydrobiological and processing plants thereof;
Import, production, formulation, transformation, use, marketing, storage, transportation, provision, recycling or reuse of toxic, harmful, explosive, radioactive, flammable, corrosive or reactive substances and other substances of evident danger;
Pumping and sanitation environmental, such as sewage and drinking water, treatment plants treatment of sewage and toxic waste from industrial, domestic and municipal; sanitary landfills, submarine outfalls, sewage systems treatment y provision of solid, liquid or gaseous effluents;
La execution of works, programs and activities in national parks and other protected areas;
The massive application of chemical products or combinations in urban areas or on surfaces exceeding one hundred hectares in rural areas;
Engineering works of any kind that are planned to be carried out in protected or protected forests. production of water and other fragile ecosystems, in cloud or rain forests, in high basins, in wetlands or in coastal areas;
Hotel or tourist development facilities; and
Industrial estates or parks, maquiladoras or processing industries and free trade zones.
Paragraph I.- The preceding list may be extended by resolution of the Secretariat of State of Environment and Resources Natural.

Paragraph II.- Projects, installations or works, both private and public, State, will be subject to the work of environmental and social impact assessments.

Paragraph III.- The Secretariat of State of Environment and Resources Natural will prepare a Nomenclature explanatory of the activities, works and projects contained in this document list, which will require declaration environmental impact assessment, environmental impact assessment or report environmental, depending on the magnitude and significance of the environmental impact that may occur produce.

Paragraph IV.- Activities, works or projects that do not require permission ni license environmental, they must comply with the environmental rules established by the Secretariat of State of Environment and Resources Natural.

Paragraph V.- The Secretariat of State of Environment and Resources Natural Resources will establish the criteria to determine whether the project requires a permission environmental, and therefore must present a declaration environmental impact assessment (EIA), or if in cultural, precise of license environmental in which ///, must submit an environmental impact study. It must also establish exclusion criteria, which allow identifying those projects or activities that do not require entering the proceedings environmental assessment.

Paragraph VI.- When the State be the promoter, executor, or form part active in any of the development project plans, must hire the services of private consultants, or legal entities, in order to carry out the corresponding environmental studies and must comply with the requirements established herein law.

Article 42. - The declaration environmental impact assessment (DIA), the environmental impact study and the report environmental will be paid for by the person interested in developing the activity, work or project, and carried out by a technical team, multidisciplinary if necessary, and may be represented by one of them. It will be a Valid identity document public, sujeto to discussion, and those who prepare it must estar recorded for statistical and reporting purposes insights in the Secretariat of State of Environment and Resources Natural, who will establish the proceedings de certification for service providers declaration, report, studies, diagnoses, evaluations and environmental audits.

Paragraph I.- The Secretariat of State of Environment and Resources Natural, based on the Nomenclature of the activity, work or project, will issue the technical standards, structure, content, provisions and methodological guides necessary for the preparation of environmental impact studies, the environmental management and adaptation program and environmental reports; as well as the tiempo de duration of the validity of environmental permits and licenses, which will be established according to the magnitude of the environmental impacts produced.

Paragraph II.- The procedural rules for the presentation, categorization, evaluation, publication, approval or rejection, control, monitoring and inspection of environmental permits and licenses will be established in the corresponding regulations.

Article 43.- El proceedings of permits and license environmental will be administered by the Secretariat of State of Environment and Resources Natural Resources, in coordination with the corresponding institutions, which will be obliged to consult the environmental impact studies with the competent sectoral bodies, as well as with the municipal councils, guaranteeing the participación citizen and the corresponding dissemination.

Article 44.- In the license and the permission environmental will include the environmental management and adaptation program that must be executed by the person responsible for the activity, work or project, establishing the crafts tracking and fulfillment thereof.

Paragraph.- The environmental management and adaptation program established herein article, must be done on the basis of the environmental parameters and indicators referred to in articles 78 and following of the chapter I, of the title IV, of this law. Until these indicators and parameters are definitively established, provisional parameters will be used, and the Secretariat must State of Environment and Resources Natural, define un porcentaje Minimum of reduction of the contaminating potential, which must be established in all environmental permits and licenses issued.

Article 45.- El permission and license environmental obliges the person to whom it is granted to:

Assume civil and criminal administrative responsibilities for damages caused to the environment and resources natural. If these damages are product of the violation to the terms established in the license environmental and the permission environmental, should assume the relevant legal and economic consequences;
Observe the provisions established in the special rules and regulations in force;
Implement the environmental management and adaptation program;
Allow environmental monitoring by part by authorities competent.
Article 46.- To ensure that the person responsible for the activity complies with the conditions set out in the license environmental and the permission environmental, the Secretariat of State of Environment and Resources Naturales will carry out environmental assessment audits when it deems appropriate, by its own means or using the services of third parties.

Paragraph.- In the environmental management and adaptation program, a self-monitoring program will be established, which will person person responsible for the activity, work The project must comply e report periodically to the Secretariat of State of Environment and Resources Natural. The results of this will be compared with external environmental audit reports.

Article 47.- To ensure the fulfillment of the license environmental and the permission environmental in terms of execution of the environmental management and adaptation program, the person responsible for the activity, work The project must render a bail de fulfillment for an amount equivalent ten percent (10%) of the total costs of the physical works or investments required for comply with the environmental management and adaptation program.

Article 48.- The Secretariat of State of Environment and Resources Natural will make of public knowledge the environmental permits and licenses that it grants, as well as the natural or legal persons that are sanctioned for by administrative or judicial.

CHAPTER V
TIME SYSTEM NATIONAL DE INFORMATION OF ENVIRONMENT AND RESOURCES NATURAL

Article 49.- The System National de Information of Environment and Resources Natural under the responsibility of the Secretariat of State of Environment and Resources Natural. Saying work It will be made up of public and private organizations and institutions dedicated to generating insights technical and scientific information on the state of the environment and resources natural.

Article 50.- The data of the work national de insights environmental will be of spirit access and its periodic dissemination will be sought, except for those restricted by specific laws and the corresponding regulations.

Article 51.- Without damage of the derechos de your property intellectual, anyone who carries out a research o work on the environment and the resources natural, will deliver a copy of the research or study to the Secretariat of State of Environment and Resources Natural.

Article 52.- The Secretariat of State of Environment and Resources Natural Sciences will prepare and publish, every two years, a report of the state of the environment and resources natural, according to the format and content that effect establish the regulations of administration and access to work, based on environmental management units.

CHAPTER VI
OF THE SURVEILLANCE AND ENVIRONMENTAL INSPECTION

Article 53.- The Secretariat of State of Environment and Resources Natural, in coordination with the authorities competent, will carry out the mass surveillance, monitoring and inspection that it considers necessary for the fulfillment of the present law, sectoral laws, their regulations and other administrative provisions.

Paragraph I.- For give fulfillment to the present article, authorized personnel will have access to the places or establishments object of happiness mass surveillance, monitoring and inspection, and the owners, administrators or those responsible for them must provide the information and facilities necessary to carry out these tasks.

Paragraph II.- The Secretariat of State of Environment and Resources Natural persons may require from natural or legal persons that they deem necessary, all insights leading to the verification of the fulfillment of the rules prescribed by this law and its regulations. In turn, these will be in the legal obligation to respond to the requirements.

Article 54.- The Secretariat of State of Environment and Resources Natural, based on the results of the inspections, will dictate the necessary measures to correct the irregularities found, notifying the interested party and granting him a Plazo prudent for its regularization.

Article 55.- In situations of emergency environmental, the Secretariat of State of Environment and Resources Natural and the town hall corresponding, in coordination with the Secretariat of State of Public Health and Assistance Social and related organizations, will immediately establish the security measures approved in benefit of the carefully común.

CHAPTER VII
ENVIRONMENTAL EDUCATION AND DISSEMINATION

Article 56.- The Secretariat of State of Environment and Resources Natural, in coordination with the Secretariat of State of Education, will carry out environmental education programs –formal and not formal- with the participación of public and private institutions that carry out educational activities.

Article 57.- The Secretariat of State Education will incorporate as a cross-cutting axis, environmental education with an interdisciplinary approach and character required in the plans and programs of all grades, levels, cycles and teaching modalities of the work educational, as well as technical, training institutes, training, and teaching updating, in accordance with the political established by the State for the sector.

Article 58.- El Council National of Higher Education, in coordination with the Secretariat of State of Environment and Resources Natural Sciences, will ensure the incorporation of the environmental dimension in the pre- and postgraduate, curricular and extracurricular study plans, aimed at the training and improvement of professionals in all branches, with the perspective of contributing to the use sustainable of the resources natural resources and the protection and improvement of the environment.

CHAPTER VIII
OF THE RESEARCH SCIENTIFIC AND TECHNOLOGICAL

Article 59.- El State Dominican will promote and encourage the research scientific and technological applied in the area of ​​the environment and resources natural resources for sustainable development.

Article 60.- Within the year and we will announce of the promulgation of the present law, the Secretariat of State of Environment and Resources Natural, in coordination with the relevant agencies and institutions, will proceed to prepare and implement execution the permanent program of research scientific and technological environmental for sustainable development.

Article 61.- The Secretariat of State of Environment and Resources Natural will promote a political de research and extension, about the state general and the potential of the environment and the resources natural resources; it will also stimulate higher education institutions and centers research to carry out specialist training programmes and promote the research scientific and technological information on the subject.

Article 62.- Natural or legal persons who engage in activities of research on the environment and the resources natural resources, whose results serve as a basis for improving environmental quality and use sustainable of the resources natural, may to receive incentives in accordance with the regulations to be drawn up for this purpose.

CHAPTER IX
ABOUT INCENTIVES

Article 63.- El State recognizes the environmental services offered by the different resources natural and will establish a proceedings to include in the national accounts the values established.

Paragraph.- In the /// de resources natural your property of the nation, the value of the environmental services they offer will be used to ensure their quality and quantity through conservation measures and use energy.

Article 64.- The Secretariat of State of Environment and Resources Natural Resources will create the necessary mechanisms and issue the rules for the recognition of environmental services. When these services come from resources de . of the Nation, the benefits generated must be reinvested in improving the quality of the environment and reducing the vulnerability of the territorio wherever they come from.

Article 65.- Investments to protect or improve the environment and make a use sustainable of the resources natural will be object of incentives that will consist of exoneration, partial or total, of taxes and fees import, taxes on value added, and shorter depreciation periods, according to the regulations.

Paragraph.- The Secretariat of State of Environment and Resources Naturales will qualify and certify the investments referred to in this document. article, according to the corresponding regulations, prepared by the Secretariat of State of Finance and approved by the The ability to Executive.

Article 66.- The prize national environmental, which will be granted periodically by the The ability to Executive , the recognition to natural or legal persons and institutions that have distinguished themselves in the protection of the environment and sustainable management of the resources natural, or in the execution of environmentally sound processes in the country.

Article 67.- Companies that implement the work de management environmental within the principles of ISO-14000 standards or any other work extra protection and Warranty environmental, will benefit according to the regulations drawn up for such purposes.

Article 68.- The media that grant free access tiempo or spaces for the dissemination of duly authorized environmental education campaigns, may enjoy tax incentives, as seen here to the regulations.

Article 69.- El State will promote investments for the recycling of domestic and commercial waste, for its industrialization and reuse, in accordance with the technical and sanitary procedures approved by the Secretariat of State of Environment and Resources Natural.

Article 70.- The Secretariat of State of Environment and Resources Natural, in coordination with the Secretariat of State of Finance, will prepare a methodology and the relevant procedures for the paid of rates for uses, emissions of discharges and pollutants in receiving bodies, within the parameters and levels established in the environmental quality standards, based on the principles "user payer"and "who pollutes" payment».

CHAPTER X
OF THE MONEY FROM THE SECRETARIAT OF STATUS OF ENVIRONMENT AND RESOURCES NATURAL

Article 71.- The Background National for the Environment and Resources Natural resources to develop and finance protection, conservation programs and projects, research, education, restoration and use sustainable, with legal status legal, . independent and administration own, and with jurisdiction in all the territorio national.

Article 72.- The resources operatives of the Secretariat of State of Environment and Resources Natural and those of the Background National for the Environment and Resources Naturals will be integrated with the resources coming from grant of environmental licenses and permits, for 25% of the royalties of resources natural, paid of fines for environmental violations, paid of fees for environmental services, the product of the auction o sale public of goods and products confiscated for having been used in environmental crimes, for national and international donations granted for this purpose, for goods and legacies granted to it, for the budget items allocated to it in the budget national.

Paragraph.- Al Background National for the Environment and Resources Natural resources will correspond to no less than 33% of the resources collected that do not correspond to the budget allocation of the Secretariat of State of Environment and Resources Natural.

Article 73.- The resources coming from paid from fines will be used primarily to finance education, recovery and environmental quality improvement projects.

Article 74. - The steer axle truck y administration of the Background National for the Environment and Resources Natural will be at cargo a council composed of the Secretary of State of the Secretariat of State of Environment and Resources Natural, or their representative, who will preside over it; the Secretary of State of Finance, or its representative; the director of the Office National de Planning, or up representative; the secretary general of the League Municipal Dominican, or its representative; a director executive, who will act as secretary, appointed by decree of the The ability to Executive, with voice, but without right a vote; two representatives from universities (public and private); a representative from the business sector; four representatives of community organizations working in the area of ​​environment and resources natural, representing the northern, southern, eastern and western regions, from lists of three presented by their respective organizations to the Secretary of State of Environment and Resources Natural, and designated by decree of the The ability to Executive.

Article 75.- The General Comptroller of the Republic must supervise the management of the resources of the Background National for the Environment and Resources Natural.

CHAPTER XI
OF ENVIRONMENTAL EMERGENCIES AND STATEMENT FROM AREAS UNDER RISK ENVIRONMENTAL

Article 76.- The consequences of environmental disasters caused by negligence will responsibility exclusive of the persons or entities causing them, which must replace or restore the areas or resources destroyed or affected, if possible, and respond penal and civilly for the damages caused.

Article 77.- All the organisms of the State and private institutions will develop actions of training for its staff about the contingency plans that will be adopted in /// de disaster environmental, for which the proper coordination will be established institutional, especially with the Trade Civil law.

Article 78.- El The ability to Executive, at the proposal of the Secretariat of State of Environment and Resources Natural, may declare as areas of risk environmental at its various levels, the areas whose index de contamination exceed the permissible limits and constitute a danger part identified for health and the environment. The necessary control measures will be applied.TITLE III
ON ENVIRONMENTAL PROTECTION AND QUALITY

CHAPTER I
GENERAL RULES

Article 79.- The Secretariat of State of Environment and Resources Natural, prior opinion technical:

It will issue environmental quality standards and parameters and monitor and control fixed and mobile sources of contamination and pollutants;
It will issue standards and norms for the quality of ecosystems, which will serve as guidelines for the management environmental;
It will issue standards and parameters for the disposal of liquid and solid waste, emissions into the atmosphere, noise and contamination visual;
It will issue regulations on the location of polluting or risky activities and on their areas of influence.
Paragraph.- Municipal councils may issue regulations of the types mentioned in this article with application exclusive within the territorial scope of its competition and to solve special situations, provided that they guarantee a level protection of the environment, human health and resources natural, Most than that provided by national standards. Monitoring and control of the fulfillment of environmental regulations municipal will be of the exclusive responsibility of the town hall corresponding, without damage of the competition of the Secretariat of State of Environment and Resources Natural, as provided by this law and its regulations.

Article 80.- They will be object of regulations and controls by the Secretariat of State of Environment and Resources Natural all processes, machinery and equipment, inputs, products and waste, whose manufacture, import, exporting , use or handling, may damage the environment, resources natural or to affect human health.

Article 81.- The legal provisions that establish environmental quality standards must establish the schedules for fulfillment, which will include relevant timeframes set by specific regulations to characterise effluents, emissions or environmental impacts and to carry out actions or introduce changes in processes or technologies to comply with the standards.

Article 82.- The dumping of polluting substances or waste into soils, rivers, lakes, lagoons, streams, reservoirs, etc. is prohibited. Mar and any other body or watercourse.

Paragraph.- The Secretariat of State of Environment and Resources Natural, in consultation with the Secretariat of State of Public Health and Assistance Social, and any other dependence official involved, will issue and implement guidelines for the elimination, storage or Deposit definitive of toxic and hazardous waste. To do this, it will issue the list of the same, which will be updated in accordance with the knowledge scientist, the insights available and the international agreements on the subject ratified by the State Dominican.

Article 83.- Natural or legal persons responsible for an activity that, through their own or fortuitous actions, has caused a degradation environmental, they will immediately take the necessary measures to control their effect and will notify the Secretariat of State of Environment and Resources Natural and Public Health and Assistance Social or other related official departments.

Article 84. - The import of equipment, processes or systems and materials that use atomic energy or any radioactive material, will be regulated by the Ministry of State of Environment and Resources Natural, in coordination with the authority competent.

Article 85.- Industrial, commercial or business activities the service, and the risky processes and products in accordance with the provisions of this law and in the lists issued by the Secretariat of State of Environment and Resources Natural resources, will be managed in accordance with the guidelines and procedures issued by the latter. These guidelines will include rules on location, construction, operation and rescue plans, to reduce the risk of risk and the impact of a possible accident, according to the regulations.

CHAPTER II
OF THE CONTAMINATION OF THE WATERS

Article 86.- It is prohibited to locate everything type of facilities in the areas of influence of water supply sources to the población and to industries whose waste, even treated, presents potential risks of contamination de order physical, chemical, organic, thermal, radioactive or of any other nature, or present potential risks of contamination.

Article 87.- The mandatory delimitation of protection zones around bodies of water, hydraulic works and installations, as well as natural and artificial channels, is provided for in order to avoid the dangers of contamination, silting or other forms of degradation. The requirements for the aforementioned protection zones will depend on the use the purpose for which the waters are intended and the nature of the facilities.

Paragraph.- The companies or institutions that manage wastewater management services in a locality will be responsible for the fulfillment of the current standards and parameters regarding the discharge of domestic wastewater, or other types discharged through the sewerage system municipal.

Article 88.- The Secretariat of State of Environment and Resources Natural, such as authority competent authority shall determine, in consultation with the sectors involved, the destination of the wastewater, the characteristics of the receiving bodies and the treatment required prior, as well as the permissible pollutant loads.

Paragraph.- The companies or institutions that manage wastewater management services in a locality will be responsible for the fulfillment of the current standards and parameters regarding the discharge of domestic wastewater, or other types discharged through the sewerage system municipal.

Article 89.- Wastewater may only be used after haber been subjected to proceedings de treatment that guarantee the fulfillment of the current regulations based on the use for which they are to be intended, in consultation with the Secretariat of State of Public Health and Assistance Social.

CHAPTER III
OF THE CONTAMINATION FROM THE SOIL

Article 90.- With the object to avoid the contamination of the soil, it is prohibited:

To deposit, infiltrate or bury contaminating substances, without prior fulfillment of the established standards;
Using for irrigation water contaminated with organic waste, chemicals, pesticides and mineral fertilizers, as well as waste water from livestock companies and sewage treatment plants, which lacks the required quality;
Use mineralized waters for irrigation, except in the crafts arranged by the body competent state;
Using chemicals for agricultural or other purposes without prior authorization authorization of the competent state bodies;
Use any product prohibited in its country originally.
Article 91.- Any activity that produces salinization, laterization, aridification, desertification, as well as any other is prohibited. degradation from the ground, outside the established parameters.

CHAPTER IV
OF THE CONTAMINATION ATMOSPHERIC

Article 92.- The Secretariat of State of Environment and Resources Natural, in coordination with the Secretariat of State of Public Health and Assistance Social, and the municipalities, will regulate the actions, activities or factors that may cause deterioration and/or degradation of the quality of the air or atmosphere, according to what is established in this law, and in the law sectoral and the regulations on atmospheric protection that are drawn up.

Article 93.- The Secretariat of State of Environment and Resources Natural, in coordination with the Secretariat of State of Public Works and the municipalities, will regulate the control of emissions of harmful and polluting gases and noises caused by motor vehicles, power plants, other internal combustion engines, boilers and industrial activities.

Article 94.- Smoking is prohibited in closed public places, except exception of those areas established for that purpose.

Article 95.- It is declared of interest national the protection of the ozone layer and the gradual decrease, until the elimination total, of use of substances and products that cause deterioration, impairment, contamination or others effects harmful to the atmosphere and the stratosphere. The development and implementation of a program is ordered national of replacement of the use of substances that deplete the ozone layer.

Article 96.- El State will take all necessary measures to prevent the preparation, import, sale and the use of gasoline containing tetraethyl lead.

CHAPTER V
OF DANGEROUS ELEMENTS, SUBSTANCES AND PRODUCTS

Article 97.- El State Dominican will adopt regulatory standards to identify, minimize and rationalize the use of elements, combinations and chemical, synthetic or biological substances, which may endanger the Life or the health of those who handle them, as well as the idea of accidents related to their handling.

Paragraph.- All person Anyone who handles hazardous waste must be instructed in the physical, chemical and biological properties of these substances and the risks they entail.

Article 98.- The regulations of this law It will include the list of dangerous substances and products and their characteristics, and may be updated. saying listed by resolution based on the Secretariat of State of Environment and Resources Natural, prior consultation with the Secretariat of State of Public Health and Assistance Social. To ensure proper management of these substances, the Ministry of State of Environment and Resources Naturales will issue the relevant standards and guidelines, which will include procedures for labelling them, in accordance with international standards.

Article 99.- Anyone who imports, manufactures, stores or distributes dangerous substances or products must have basic knowledge of the physical, chemical and biological properties of these substances or products; they must also ensure that they contain the corresponding label according to their classification in a clear place and in legible letters, in the language Spanish, with specifications for its handling.

Article 100.- It is prohibited to import Toxic waste according to the classification contained in the international conventions on the subject approved by the Republic Dominican, or the one established by the Secretariat of State of Environment and Resources Natural, in consultation with the Secretariat of State of Public Health and Assistance Social, as well as the use of the territorio national as transit of these wastes and as Deposit thereof.

Article 101. - The import, manufacturing, processing, handling, use, accumulation, evacuation and provision end of radioactive substances or chemical or synthetic combinations, biological, waste and other materials, which by their nature of high risk may cause damage to human health, the environment and resources natural, will be regulated by the Secretariat of State of Environment and Resources Natural.

Paragraph.- The Secretariat of State of Environment and Resources Natural will regulate the management of substances, garbage, and hazardous waste, based on the principle of who establishes the risk must be responsible for the cost of all the proceedings of its provision o Deposit definitive at the site authorized by the Secretariat of State of Environment and Resources Natural.

Article 102.- Everything accident or extraordinary event with environmental impact part or probable, pérdida of lives or injury, or the imminent risk of its idea, which takes place or is likely to occur idea, in human settlements, industries, facilities or in places where there are deposits of hazardous substances, must be immediately notified to the office of the Trade Civil law, Her first book of poems, Cuerpo, Firefighters, to the Secretariat of State of Environment and Resources Natural already the Secretariat of State of Public Health and Assistance Social of the locality, by the owners, managers or representatives of the community, company or generating facility of the done, or for any other reason citizen to realize it.

Article 103.- When for justifiable reasons, established by the authority competent, it was not possible to return the country of origin the harmful elements mentioned in articles 104 and 105 of this law, will proceed, prior to the confiscation carried out by the Secretariat of State of Environment and Resources Natural, to their neutralization y provision final under conditions of environmental safety. These operations will be carried out by account of those who have introduced them to the country and will be forced to paid of a fine equivalent, at least five times the cost in the market of product, plus the costs of its inoculation.

Article 104.- Metals, articles and radioactive or dangerous substances and their waste, as well as the devices and equipment that use such materials, will be processed, handled, possessed, imported, exported, transported, stored, used, discarded, or disposed of in accordance with the rules and regulations formulated by the Secretariat of State of Environment and Resources Natural.

Article 105.- The Secretariat of State of Environment and Resources Natural may authorize the exporting of toxic waste when it did not exist proceedings suitable in the country for deactivation or elimination of the same; this will require the prior and express consent of the country receiver to eliminate them in their territorio, according to international conventions ratified by the State.

CHAPTER VI
DOMESTIC AND MUNICIPAL WASTE AND GARBAGE

Article 106.- Municipal councils will operate collection systems, treatment, transportation and provision end of non-hazardous solid waste within the municipality, observing the official regulations issued by the Secretariat of State of Environment and Resources Natural, jointly with the Secretariat of State of Public Health and Assistance Social, for the protection of the environment and health.

Article 107.- It is prohibited placement, launch y provision final disposal of solid or liquid waste, toxic or not, in places not established for this purpose by the authority competent.

Paragraph I.- Under no circumstances will the operation of municipal landfills be permitted near riverbeds, sources, bodies of water, or in those places where runoff and infiltration may contaminate them.

Paragraph II.- It will be essential for power establish and operate a landfill municipal, carry out the relevant environmental assessment study, as seen here as established in the article 38 and following of this law.

Article 108.- In all public institutions, solid waste classification systems will be implemented, prior to their sending to the disposal sites. provision end.

CHAPTER VII
OF HUMAN SETTLEMENTS AND CONTAMINATION SONIC

Article 109.- It is responsibility of the State to guarantee that human settlements are object of a planning adequate, ensuring a relationship balanced with the resources natural resources that serve as their support and environment.

Paragraph.- It will be responsibility of the municipal and district councils National, require the corresponding environmental studies from proponents of urban and suburban development and expansion projects, in their area of ​​influence, in coordination with the Secretariat of State of Environment and Resources Natural, without which authorizations and permits cannot be granted for new civil and development works, or for modifications to existing ones.

Article 110.- Human settlements may not be authorized:

In riverbeds, channels or disposal areas, area exposed to marine variations, floodplains, swamps or fill-in areas, near industrial areas, military bases, landfills, municipal dumps, warehouses or facilities for hazardous substances;
In places where there is a certain probability of the idea of overflowing waters, landslides and any other condition that constitutes a danger to the Life and your property of people.
Paragraph.- The State will develop a relocation plan for the transfer of human settlements that, at the time of entry into force of this law, are located in the places indicated in part previous of this same article. For such purposes, it will identify and record in the budget national the corresponding items for their execution within Plazo prudent and reasonable and to the extent possible.

Article 111.- The Secretariat of State of Environment and Resources Natural, in coordination with municipal councils and other authorities corresponding, will ensure that the development programs and regulations urban pay special attention to the zoning of human settlements, the delimitation of industrial, service, residential and transition areas urban-rural, with green spaces and contact with nature.

Article 112.- Engineering works civil and structures, mainly homes and other buildings that house human beings, will be designed and built according to anti-seismic standards and preventive measures against possible fires and with materials that can resist earthquakes and hurricanes, in addition to the necessary precautions to minimize their damage.

Paragraph.- The Secretariat of State of Public Works and Communications, in coordination with the Secretariat of State of Environment and Resources Natural, will be responsible for making comply the present article, for which it will be submitted for approval by the The ability to Executive the corresponding regulations.

Article 113.- Industries, warehouses and other facilities that by their nature may cause environmental damage must be located in areas away from human settlements.

Paragraph I.- It will be responsibility of the Secretariat of State of Environment and Resources Natural, the Town Hall of the District National and municipal councils, prohibit and control the construction of housing, housing projects or similar around industrial sectors, for which no permission will be granted. type de authorization.

Paragraph II.- It will be responsibility of the Secretariat of State of Environment and Resources Natural, from Town Hall of the District National and municipal councils, prohibit and control the establishment of industries and companies or similar around residential areas, for which no permission will be granted. type de authorization.

Paragraph III.- In the face of conflicts that arise and in order to find viable solutions, in cases established with conflicts at the time of entering into validity the present law, the corresponding environmental studies will be carried out, with the Secretariat serving as State of Environment and Resources Natural referees in the proceedings mitigation.

Article 114.- The Secretariat of State of Environment and Resources Natural, in coordination with the municipal councils and the police municipal, will regulate the issue of noises and sounds that are annoying or harmful to the environment and health, in the air and in residential areas of urban and rural areas, as well as the use fixed or ambulatory loudspeaker system.

Article 115.- It is prohibited issue of noises produced by the lack of the exhaust muffler or its malfunction, of power plants, motor vehicles, as well as the use in private vehicles with sirens or horns, which in reason of the nature of its utility They correspond to police, ambulance, fire truck or marine vessel services.TITLE IV
OF THE RESOURCES NATURAL

CHAPTER I
OF THE COMMON RULES

Article 116.- Conservation, the use and use of the resources natural will be regulated by this law, sectoral and/or special laws and their respective regulations, and by the provisions and rules issued by the authority competent as seen here this law. The State may grant derechos for the use of the resources natural by concession, permits, licenses and quotas.

Article 117.- To achieve conservation, use and sustainable use of the resources natural resources, both terrestrial and marine, must be taken into account account, among others, the following criteria:

The ecological function of resource;
The peculiarity of it;
Fragility;
The sustainability of the proposed management;
The plans and priorities of the country, region y province where they are located resources.
Paragraph I.- Prior to grant of permits, concessions and signing of contracts for rational exploitation of resources natural, the State will request and take into account account la opinion of municipal governments and social organizations representing the respective municipalities.

Paragraph II.- When it comes to resources non-renewable natural resources, the municipality or municipalities where said exploitation is located will receive five percent (5%) of the net benefits generated.

Article 118.- El State, for reasons of interest public, may limit in crafts total or partial, permanent or temporary, the use and use of the resources natural resources. This matter will be regulated through sectoral laws, regulations or administrative or special provisions for each resource.

Article 119.- Sectoral and/or special laws that regulate the domain, conservation, use and use of the resources natural resources must be framed within the provisions of this law.

CHAPTER II
FROM THE SOILS

Article 120.- The Secretariat is ordered to State of Environment and Resources Natural the elaboration and application of zoning rules and parameters or ordering of the territorio, which clearly determine and delimit the potential and uses that should or can be given to the soils, in accordance with their capacity, its particular potential and its specific environmental conditions.

Article 121.- Those who carry out agricultural, livestock or forestry activities must conserve, rehabilitate or increase the capacity productive use of soils, using appropriate exploitation and conservation techniques and methods, preventing their degradation o sterilization.

Article 122.- It is prohibited give to mountainous soils with slopes equal to or greater than sixty percent (60%) inclination use intensive tillage: plowing, removal, or any other labor which increases erosion and sterilization of the same, allowing only the establishment of permanent plantations of fruit shrubs and timber trees.

Paragraph I.- Preference will be given to maintaining native forest cover, the development of combinations that include perennial crops and cover, and agroforestry techniques that guarantee their protection, production and storage natural water.

Paragraph II.- To the soils with steep slopes referred to in this document article, the provisions of the laws on will not apply to them. Reform Agrarian, nor can they be object, from the promulgation of the present law, human settlements, or agricultural or other activities that endanger the stability soil and infrastructure works national.

Article 123.- Preferably, soils will be given capacity productive agricultural classes I, II and III, a use for production de foods. Any use different must be approved by the Secretariat of State of Environment and Resources Natural.

Article 124.- All person natural or legal entity, private or public, that carries out geological or soil exploitation, extraction of minerals or aggregates, as well as construction of roads, embankments, dams or reservoirs, or that carries out any other activity or work which can to affect the soils, is obliged to adopt the necessary measures to prevent their degradation and to achieve its rehabilitation, immediately conclude each stage of intervention.

Article 125.- The cost of soil rehabilitation will be cargo of the performers of the intervention that caused their degradation o impairment.

CHAPTER III
OF THE WATERS

Article 126.- All the waters of the country, without exception some, are your property of the State and domain es inalienable, imprescriptible and unseizable. There is no such thing as your property deprived of the waters nor derechos acquired on them.

Article 127.- All person has right to use water to satisfy their vital needs for food and hygiene, that of their family and their animals, provided that this does not cause damage to other users, nor imply diversions or containment, nor the use of machines or carrying out of activities that deteriorate and/or undermine in any way the riverbed and its margins, alter it, contaminate it or make it impossible for third parties to use it.

Article 128.- El use of water can only be granted in harmony with the interest social and development of country.

Article 129.- The Plan National de ordering Territorial will establish the hydrological zoning, prioritizing the areas for production water, conservation and forestry use, among others, and guaranteeing a mandatory protection strip of thirty (30) meters on both banks of river currents, as well as around lakes, lagoons and reservoirs.

Article 130.- In the construction of reservoirs, regardless of their purposes, it is required, before proceeding to close the pinch (made with three fingers), remove from the body of the pinch (made with three fingers) vegetation and everything that can to affect water quality and possible fishing exploitation.

Article 131.- El use of surface water and the extraction of groundwater will be carried out in accordance with the capacity of the basin and the state qualitative of its waters, according to the evaluations and opinions issued by the Secretariat of State of Environment and Resources Natural.

Article 132.- In the hydrographic basins, whose waters are used for supply public, the Secretariat of State of Environment and Resources Natural will establish restrictions of use to to guarantee, maintain and increase the quality and quantity of water.

Article 133.- The dumping of rubble or garbage in karst areas, river and stream beds, caves, sinkholes, depressions in the ground and drains is prohibited.

Article 134.- Liquid waste effluents or water, originating from human or economic activities, must be treated in accordance with current regulations, before their final discharge.

Article 135.- The Secretariat of State of Environment and Resources Natural, after evaluation, will decide on the requests for authorization, concession o permission for exploitation, use or the use of waste water, imposing in each /// the conditions necessary for it not to occur contamination the environment or affect human health.

CHAPTER IV
OF BIOLOGICAL DIVERSITY

Article 136.- It is declared high interest national:

The conservation of native and endemic flora and fauna species, the promotion of their reproduction and multiplication, as well as the preservation of natural ecosystems that serve as habitat for those native and endemic flora and fauna species whose supervivencia depends on them, which will be object of rigorous protection mechanisms in situ;
La identification, the classification, the Inventory and the scientific study of the components and habitats of the species that make up biological diversity national;
To guarantee the maintenance of the appropriate balance of ecosystems representative of the various biogeographic regions of the Republic;
Facilitate the continuity of evolutionary processes;
Empowering defense collective of ecological components; and
Seek the participación community in the conservation and rational use of resources resources genetics, as well as ensuring a justa and equitable distribution of the benefits arising from its proper management and use.
Article 137.- It is must of the State and all its inhabitants to ensure the conservation and sustainable use of biological diversity and the . genetic national, in accordance with the principles and rules set forth in the legislation national and in the international treaties and conventions approved by the State Dominican.

Article 138.- Destruction is prohibited, degradation, impairment or the reduction of natural ecosystems and species of wild flora and fauna, as well as the collection of flora and fauna specimens without proper authorization of the Secretariat of State of Environment and Resources Natural.

Article 139.- The competent bodies of the Secretariat of State of Environment and Resources Naturalists will prepare the list of endangered species extinction, threatened or protected, which will be object of rigorous control and protection mechanisms in situ and ex situ, which guarantee their recovery and conservation in accordance with the special laws and international conventions approved by the State Dominican.

Article 140.- In relationship to flora and fauna species declared as threatened, endangered or in danger of extinction. extinction by State Dominican or any other country, in accordance with the international treaties signed by the State Dominican, it is prohibited hunting, fishing, capture, harassment, abuse, death, traffic, import, exporting , trade, manufacturing or production of crafts, as well as the display y possession illegal.

Article 141.- In order to regulate the guard and preservation of biological diversity country, sets a Plazo maximum of one (1) year and we will announce, from the validity of this law, so that the Secretariat of State of Environment and Resources Natural Sciences presents a project of law biodiversity, which should reflect, among other aspects, the following:

Protected natural areas;
Resources genetic;
Animal and plant species;
Conservation of species in situ and ex situ;
Use and sustainable use of the resources of biodiversity.
Article 142.- To effect to safeguard biological diversity, the Secretariat of State of Environment and Resources Natural may:

Establish systems of see;
Set quotas for hunting y capture of fauna species;
Retaining shipments of products from the Life wild, both those originating in the country as in transit, at any stage of shipment or transfer, when he presumes that it is treats de trade illegal or the provisions of this law and its regulations and the international conventions approved by the State, being exempt from any type de responsibility.
Article 143. - The capture o hunting of specimens of wild fauna for economic, sporting or any other purposes type, can only be done under the strict fulfillment of the provisions established in current laws.

Article 144.- The introduction into the country of species or specimens of exotic fauna and flora that:

They may harm natural ecosystems or endemic and native fauna and flora;
They can become a plague;
They may endanger the Life or the health of human beings or other living species; and
They can serve as object or as active participants in activities hunting, of violent competitions, bets of any kind type, tournaments or races, which involve or tend to the elimination, sacrifice, abuse, harassment or torture of the unique specimens involved or their offspring.
Paragraph.- The Secretariat of State of Environment and Resources Natural, in relation to the Incidentally 4, may authorize them when it deems appropriate, for special reasons.

CHAPTER V
OF THE RESOURCES COASTAL AND MARINE

Article 145.- The goods de domain public maritime-terrestrial or costas they belong to State Dominican and, therefore, are inalienable, imprescriptible and unseizable. All citizen have the right to their full enjoyment, except for the limitations imposed by security national, which will be object of regulation.

Article 146.- El State Dominican will ensure the protection of the spaces that comprise the goods de domain public maritime-terrestrial or costas and will ensure that the resources aquatic, geological and biological, including flora and fauna included therein, are not object of destruction, degradation, impairment, disturbance, contamination, inappropriate modification, reduction or drainage.

Article 147.- The goods de domain public maritime land are:

The banks of the Mar and the estuaries, which includes:
La area maritime-terrestrial or space between the store low tide, heeled or maxim equinoctial life and the limit up to which the waves reach in the largest known storms or, when it exceeds it, that of the store high tide maxim live equinoctial. This area It also extends along the banks of rivers to the site where it becomes noticeable effect of the tides;
The maritime strip of sixty (60) meters wide from high tide, as prescribed by the law 305, the when and where April 30, 1968;
Marshes, lagoons, marshes, estuaries;
Low-lying lands that are flooded as a result of the ebb and flow of tides, waves, or seepage of river water. Mar;
The beaches or areas of Deposit of loose materials such as sand, gravel and pebbles, including scarps, berms and dunes, whether or not vegetated, formed by the action of the Mar or sea wind, or other natural or artificial causes;
El Mar territorial and internal waters, with their beds and subsoil;
Los resources natural of the area economic and the continental shelf;
Accessions to the banks of the Mar by Deposit of materials or by withdrawal of the Mar, whatever the causes;
The lands gained from the Mar as a direct or indirect consequence of works, and the drains on its banks;
The lands invaded by the Mar that become part from his bed for any reason cause;
The noticeably vertical cliffs that are in contact with the Mar or with spaces of domain maritime-terrestrial until its coronation;
The lands delimited as domain public that, for any reason cause, have lost their natural characteristics of beach, cliff or area maritime-terrestrial;
The islets and keys in inland waters and Mar territorial, or those that are formed or are formed by natural causes;
The lands incorporated by the concessionaires to complete the surface of a concession de domain public maritime-terrestrial;
The lands adjacent to the riverbank Mar that are acquired for incorporation into the domain public maritime-terrestrial;
The works and facilities built by the State en saying domain;
The works and installations of costas and maritime signaling;
Ports and port facilities.
Article 148.- El grant to individuals for permits and concessions for the usufruct and exploitation of coastal-marine space and its resources, will be done as long as the valuation environmental determines the adequacy with the conservation and protection of the same.

Article 149.- El State Dominican will regulate, through law special, subsistence fishing activity, commercial and industrial. It shall determine the fishing methods and practices, the introduction, transplantation, cultivation and breeding, the places and dates, the species that may be captured, their size, sex and the number of specimens that may be captured.

Article 150.- The owners of the lands threatened by the invasion of the Mar or from the sands of the beaches, for natural or artificial reasons, they may build works of defense, low authorization granted by the authority competent, after carrying out the environmental impact study.

Article 151.- Residual substances originating from economic and social activity, including those from vessels of any kind. type y nationality, they must to receive el treatment appropriate before being discharged into jurisdictional waters or into the area economic of immediately overlying waters to the costas, outside the Mar territorial, to the extent established by the law, according to national regulations and those contained in international agreements relating to the protection of the marine environment, approved by the State. These discharges will be carried out with prior approval from the Secretariat of State of Environment and Resources Natural.

Article 152.- In order to prevent la contamination of the marine and coastal environment by hydrocarbons and other harmful and dangerous substances, the discharge of the following is prohibited:

Bilge water, ballast water or tank washing water, at a distance less that established in the current provisions;
Waste produced by the prospecting and exploitation of oil wells located in places where they can to affect la area coastal;
Industrial waste, whose content in hydrocarbons and other harmful and dangerous substances exceeds the standard established.
Article 153.- Which gives It is prohibited to dump garbage or waste of any kind on the costas, keys, sand on beaches or in the waters surrounding them.

CHAPTER VI
FROM THE FORESTS

Article 154.- The management and use of forests and forest soils must be sustainable. A law special will regulate the integral forest management and the use sustainable of the resources of the forest for the purposes of its conservation, exploitation, production, industrialization and commercialization, as well as the preservation of other resources natural that form part of its ecosystem and the environment in general.

Article 155.- The Secretariat of State of Environment and Resources Natural will classify forests according to their purpose, considering the aspects of conservation, protection and production.

Article 156.- The destruction of native forests is prohibited.

Article 157.- The use of forest plantations made for commercial purposes in the middle and lower basins will be permitted, as well as on flat lands that are dedicated to production commercial of tree and wood species.

Paragraph I.- Forestry regulations will be governed by the law sectoral, and, until the execution of the Inventory forest national from the native forest, is prohibited court, exploitation, sawmilling and industrialization of native trees.

Paragraph II.- In order to update the existence of the reserve forest national of native forests and artificial plantations for commercial purposes, a Plazo maximum of one (1) year and we will announce, from the validity of this law, so that the Secretariat of State of Environment and Resources Natural plan and execute a Inventory national, which must reflect, among other aspects, the following:

Native forests in protected native areas;
Native forests corresponding to category of protection;
Native forests corresponding to category of protection and production;
Native forests corresponding to category de production;
Artificial forests corresponding to category of protection and production;
Artificial forests corresponding to category de production.
Article 158.- All owners of the area rural areas must maintain or recover a porcentaje minimum forest cover, which will be defined by the Secretariat of State of Environment and Resources Natural for each of the Environmental Management Units.

Article 159.- The development of the establishment of commercial forest plantations for timber, energy, industrial, food and ornamental purposes.

Paragraph.- Every forestry exploitation project must be executed in accordance with the corresponding management plan, which must be formulated by forest service providers, similar to those stipulated in this document. law at their article 42.

CHAPTER VII
OF CAVES, CAVERNS AND THE UNDERGROUND ENVIRONMENT

Article 160.- They declare . natural of the nation the caves, caverns and other natural underground cavities of the territorio national. Any physical alteration of its natural and cultural characteristics is prohibited, as well as the extraction of its secondary formations, paleontological, archaeological or any other materials. class, natural or cultural, from its interior, and the introduction of waste and objects of any kind type that may alter the conditions of the existing ecological balance.

Article 161.- Special emphasis will be placed on the protection of underground aquifers, avoiding any type de contamination o use contrary to interest of this law.

Paragraph.- The cavities that, for justified reasons, must be modified must be notified to the Secretariat of State of Environment and Resources Natural, which may issue a certification, after a speleological survey that will determine whether or not the cavity is important enough to be preserved from any modification.

CHAPTER VIII
OF THE RESOURCES MINERS

Article 162.- In the use of the resources miners, including their extraction, concentration, benefit and refining, dealers will be required to:

La provision o elimination proper disposal of waste materials, whether toxic or not, in accordance with the project's operational and closure plan;
Rehabilitate the areas degraded by their activity, as well as the areas and ecosystems linked to these that may be damaged or, in their case, default, carry out other activities aimed at protecting the environment, under the terms and conditions established by the Ministry of State of Environment and Resources Natural.
Paragraph.- For to guarantee the provisions hereof article, the Secretariat of State of Environment and Resources Natural Resources will require mining concessionaires to Safety o bail at the request of the State Dominican.

Article 163.- Once the work has started, the concessionaires must: report periodically to the Secretariat of State of Environment and Resources Natural on the progress of the works and the effect from them to the environment and the resources natural. The Secretariat of State of Environment and Resources Natural Resources must compare such reports with the results of monitoring and supervision, based on the license or permission corresponding environmental.

Article 164.- The extraction of rock, sand, gravel and gravel, the industrialization of salt and lime and the manufacture of cement, will be subject to the technical standards established by the law specific and its regulations, effect to avoid the impact negative that such activities may produce on the environment and human health.TITLE V
OF THE COMPETENCES, RESPONSIBILITY AND SANCTIONS
IN ADMINISTRATIVE AND JUDICIAL MATTERS

CHAPTER I
FROM THE PROSECUTOR'S OFFICE FOR THE DEFENDING PROGRESS OF THE ENVIRONMENT AND THE RESOURCES NATURAL

Article 165.- The Office of the Attorney General is created for the Trade of the Environment and the Resources Natural, such as frame specialized in the Attorney General's Office Republic. The Office of the Attorney General for the Trade of the Environment and the Resources Natural will exercise the representation y defense of the interests of the State and society in this matter.

Article 166.- The Office of the Attorney General for the Trade of the Environment and the Resources Natural will have the following powers:

Exercise the actions and representation of the interest public, with the character of part procedural, in all those trials for infringement to the present law and other complementary legal provisions;
Exercise the actions in representation of the State that arise from damage to the environment, regardless of those promoted by individuals who have suffered damage to their person o .. It will also exercise the other actions provided for in this law, In law de Organisation Judicial of the Republic and in other relevant laws.
CHAPTER II
ADMINISTRATIVE POWERS AND SANCTIONS

Article 167.- The Secretariat of State of Environment and Resources Natural is empowered to take the following measures:

Fine from the middle (1/2) wage minimum up to three thousand (3,000) current minimum wages, in the when and where in which the crime was committed infringement, depending on the economic dimension of the person physical or legal that caused the hurt and the extent of the damage caused;
Limitation or restriction of the activities that cause the hurt o risk to the environment or, if it were the ///, subjecting them to the modalities or procedures that make them disappear saying damage o risk;
Confiscation and/or seizure of objects, instruments, artifacts, vehicles, raw materials, products or articles, finished or not, used to cause the hurt, and
Prohibition o suspension temporary or provisional of the activities that generate the hurt o risk environmental that is treats to avoid and, in /// extreme, closing partial or total of the premises or establishment where the activity that generated the incident is carried out violation to the present law and other related ones.
Paragraph I.- Persons or legal entities that do not comply with the orders, summons and recommendations issued by the Secretariat of State of Environment and Resources Natural will be object of the withdrawal temporary o definitive of the authorization to exercise or carry out the activities that cause them, without damage of other sanctions that may be imposed by the Tribunal competent.

Paragraph II.- The measures referred to in this article will be adopted and implemented as seen here al proceedings corresponding administrative by means of resolution motivated and made by written, which must be notified by act de sheriff and may be appealed as seen here al proceedings administrative.

Article 168.- The administrative resolutions issued by the Secretariat of State of Environment and Resources Natural are independent of the responsibility civil o penal that could arise from violations of this law.

CHAPTER III
OF THE RESPONSIBILITY CIVIL

Article 169.- Without damage of the sanctions indicated by the law, anyone who causes hurt to the environment or to the resources natural will have responsibility objective for any damages that may be caused, in accordance with this law and the complementary legal provisions. Likewise, it will be obliged to repair it materially, at its cost, if possible, and compensate it as seen here to law.

Paragraph.- The reparación of the hurt It consists of restoring the situation prior to the done, where possible, in the compensation economic of hurt and the damage caused to the environment or to resources natural, to communities or to individuals.

Article 170.- To determine the magnitude or the amount of the damages incurred, the Tribunal will take in account the proceedings raised by technicians and inspectors and reports of character formal evacuated from the Secretariat of State of Environment and Resources Natural and other environmental organizations of the State, without damage of the expertise and expert reports that the judge himself cause require, ex officio and request de part.

Article 171.- El official that, for action u omission, authorize the performance of actions, activities or installations that cause damages resources environmental, ecosystem balance, health and quality of life Life of the población, will be jointly liable with whoever has caused them. executed.

Article 172.- When in the commission of the done If two or more persons participate, they will be jointly liable for all the damages economic caused. In the /// of legal entities, the responsibility provided for in this article will be established when the organs of steer axle truck o administration of the same has authorized the actions that caused the hurt.

Article 173.- The Secretariat of State Finance, at the proposal of the Secretariat of State of Environment and Resources Natural, will take the necessary measures for the establishment a Safety required de responsibility civil, to cover damage to the environment and resources natural causes caused accidentally.

CHAPTER IV
ON CRIMES AGAINST THE ENVIRONMENT AND RESOURCES NATURAL

Article 174.- Anyone who negligently or fraudulently, action u omission, transgress or violate this law and other provisions that complement it, incurs crime against the environment and the resources natural and, therefore, will respond in accordance with them. Thus, of all aggression o crime against the environment and the resources natural is born a action against guilty or responsible.

Article 175.- They commit crimes against the environment and the resources natural:

Whoever violates this law, complementary laws, regulations and rules, and carry out activities that harm crafts considerable or permanent the resources natural;
Anyone who causes alterations, damages or losses within the work national of protected areas and who court or destroy trees in protected forest areas and in fragile zones, declared legally as such;
Whoever hunts, captures or causes the death of species declared in danger of extinction or protected legally;
Anyone who uses explosives, poisons, traps or other instruments or arts that harm or cause suffering to terrestrial or aquatic fauna species, whether endemic, native, resident or migratory;
Anyone who violates the rules, parameters and permissible limits of discharges or provision end of defined toxic and hazardous substances legally, and discharge them into bodies of water, release them into the air or deposit them in unauthorized sites, or in authorized sites without permission or clandestinely;
Anyone who violates the permissible norms, parameters and limits, and pours untreated wastewater into bodies of water or sewage systems, disposes of non-hazardous industrial solid waste in unauthorized sites or emits polluting substances, gas leaks, biological and biochemical agents into the air;
Anyone who violates the relevant technical standards and generates or handles toxic or hazardous substances, transforms toxic or hazardous waste by transporting the contamination to another medium receiver, or whoever operates, stores or downloads them to unauthorized sites;
Anyone who violates the regulations contained in environmental licenses or permits, or has obtained them using false data or alters the environmental logs on emissions and discharges, or the official public to grant such licenses or permits, without comply with the requirements of the proceedings environmental impact assessment, when the law so demands.
Article 176.- When any of the acts punishable offenses described above were committed by decision of the governing bodies of a person legal, within the activity that said person normally performs and with its own fondos, in search of a greed or on your own interest, regardless of the sanctions imposed creditor el Author immediate of crime, person legal will be sanctioned with fine from five thousand (5,000) to twenty thousand (20,000) minimum wages, and according to the severity of the hurt caused, the prohibition to carry out the activity that gave rise to the illicit (o crime) for period of (1) month to three (3) years. In /// of serious damage Most that lead to the poisoning of human groups, destruction of habitats or contamination irreversible extensive, the activity will be prohibited or closed establishment de crafts final, at the judge's discretion.

Paragraph.- The action judicial arising from the crimes provided for herein law and complementary laws is of order public and is exercised ex officioBy complaint or by complaint.

CHAPTER V
OF THE COMPETITION JUDICIAL

Article 177.- The courts of First instance of the corresponding jurisdiction They will be competent to judge in the first degree violations of this law.

Article 178.- All person o association of citizens has legitimacy procedural active to enunciate and complain for all done, action, factor, proceedings, or the omission or obstruction of them, which has caused, is causing or may cause hurt, degradation, impairment, contamination and/or deterioration of the environment and the resources natural.

Paragraph.- They may also demand from the Secretariat State of Environment and Resources Natural and any other authority competent established by this law and legislation valid, or before the Environmental Attorney's Office and Resources Natural, the fulfillment by obligations established by this law and other environmental laws, environmental quality standards, regulations, opinions and resolutions, demanding the cessation, correction, or the reparación of the anomalous situation that drives it or cause, and the penalties stipulated for offenders.

Article 179.- They are holders of the action environmental, with only object to stop the hurt and obtain restoration, natural or legal persons who have suffered the hurt o damage, the State Dominican, through the Secretariat of State of Environment and Resources Natural and other organisms of the State with environmental powers.

Article 180.- All person natural or legal entity that has the interest legitimate in the adoption of the measures that the present law orders, may intervene by providing evidence that is relevant to the ///.

Article 181.- El magistrate attorney taxation for defense of the environment and resources natural of the jurisdiction corresponding, acting as judge of the complaintIs obliged, if you consider that the /// It has an air of gravity, give expedited course, ex officio or in the face of complaints, denunciations or referrals provided for in this document. law, En a Plazo No. Most of three (3) business days, with the purpose that the anomalies or environmental damages are corrected to the Most brevity and violations of environmental laws are known to the Tribunal .

Article 182.- El exercise of the action environmental judicial does not imply resigns to action by damages.

CHAPTER VI
ON CRIMINAL SANCTIONS

Article 183.- El Tribunal de First instance of the jurisdiction The corresponding court may issue a ruling against natural or legal persons who have violated this law, the following sanctions or obligations:

Prison correctional from six (6) days to three (3) years and, if people have died cause of the violation, the provisions of the Code Criminal law Dominican; and/or
Fine of a quarter (1/4) part of the wage minimum up to ten thousand (10,000) minimum wages in force in the sector public in the when and where in which I pronounce the sentences; I
The seizure of raw materials, tools, equipment, instruments, machinery, transport vehicles, as well as products or articles, if any, that come from the violation committed, or were used in the perpetration of the done criminal, or may in themselves constitute a danger to the resources natural and the environment, or to the health of human beings; and/or
La legal obligation de indemnify economically to people who have suffered damages; I
Retiro temporary o definitive of the authorization, license o permission to exercise or carry out activities that have caused, or may cause hurt o damage; I
Destroy, neutralize or dispose of, in accordance with the procedures indicated herein law and authority competent, the substances produced, manufactured, manufactured, processed or offered in sale, likely to cause damage to human health and the environment; and/or
La legal obligation to modify or demolish buildings that violate provisions on protection, conservation and defense of the environment and humans; and/or
La legal obligation to return to his country of origin the dangerous or harmful substances and elements or combinations that have been imported into violation to law; I
Install the necessary devices to stop or prevent contamination, impairment, decrease or degradation of the environment; and/or
La legal obligation to return the elements to the environment natural from where they were taken; and/or
La legal obligation to repair, replace, compensate, restitute, restore or rehabilitate to its state original, to the extent possible, the resource natural removed, destroyed, impaired, diminished, deteriorated or negatively modified.
Paragraph.- Objects, raw materials, machinery, instruments, vehicles, products or articles seized by order of the Tribunal corresponding, in accordance with this article, or that have been seized or impounded by the Secretariat of State of Environment and Resources Natural and that the Tribunal ratify, that they do not entail danger for people, resources natural or the environment and that possess value commercial, will be sold publicly auction, and fifty percent (50%) of the amount of its sale will be used to repair environmental damage and the remaining fifty percent (50%) to compensate damages in favor of people harmed by their actions, if any. Otherwise, they will go to fondo operation of the Secretariat of State of Environment and Resources Natural created in this law, previous discount code of the spending judicial and sale.

Article 184.- Officials of the State that they have expressly allowed or through carelessness and indifference, the violation to the present law, will be subject to the application of the penalties indicated in sections 1 and 2 of the article precedent, regardless of any administrative sanctions that may be imposed exercise about them, including the separation temporary o final of its functions.

Article 185.- The sanctions established by this law They will be applied by analogy in cases of violations of the provisions contained in other laws or decrees that complement this one. law, and any other existing sanctions in these matters are repealed.

Article 186.- In the application of sanctions for violation to the present law and other complementary legal provisions, the judge will take into account account:

The gravity and significance of the violation, mainly the criterion of the impact on human health and the damage or imbalances caused to the environment and the resources natural;
The malicious intent of the guilty(s);
Recidivism, if any; and
La condition socioeconomic of the cause(s) of the hurt.
Article 187.- They will be recognized as circumstances aggravating factors in the application of the sanctions imposed:

To those who have intentionally caused environmental disasters, including contamination widespread and fires, where there has been loss of Life, injury, diseases, epidemics, destruction, degradation of ecosystems, elimination of unique, endangered or in danger of extinction specimens of fauna and flora extinction;
To those who have hindered the work undertaken for the correction of environmental disasters;
To those who refuse to transmit as emergency, news, calls and information from the authorities on environmental disasters;
To those who order, authorize, insinuate or allow their subordinates or dependents, salaried or not, the commission de acts expressly prohibited hereby law and other related ones;
To the officials of the State who order, permit, insinuate, encourage or authorize their subordinates or individuals, even verbally, execution of actions or omissions that violate this law and other related ones, thus harming the . natural of the nation or the health of human beings;
Those who prevent or hinder inspections or verifications, or resort to means of any kind to induce them to do so. error, or present to the authorities competent reports or data total or partially fake
Paragraph.- Likewise, the following will be considered: circumstances aggravating factors:

If the damage caused reaches catastrophic proportions;
If the violations have been committed in towns or in their immediate vicinity, and have seriously affected the resources natural resources that form the basis of economic activity or the development of the region.TITLE VI
GENERAL AND FINAL PROVISIONS

CHAPTER I
GENERAL DISPOSITION

Article 188.- In addition to the other functions assigned to it by the law the regulations, the Secretariat of State of Environment and Resources Naturales will exercise, in relation to the environment and the resources natural, the functions that have not been expressly assigned by the law to another institution.

Article 189.- The Secretariat of State of Environment and Resources Naturales will henceforth exercise the other functions that, in matters of protection of the environment and the resources natural resources were being carried out by the institutions that have been transferred to them.

Article 190.- All programs and projects that the Office National de Planning and any other entity public coordinates, executes or is in proceedings of preparation or formulation in environmental matters and resources natural, both with resources internal as resources of the credit external, or of cooperation international , will be transferred to the Secretariat of State of Environment and Resources Natural, in accordance with the competencies defined in this law.

Article 191.- The Secretariat of State of Environment and Resources Naturales will coordinate with the Secretariat of State by Armed forces, With the Police National and with the municipalities, the application of the political on the environment and resources natural State.

Article 192.- Sectoral or special laws, decrees and other legal provisions relating to the environment and the resources natural, must be framed within the principles and provisions of this law and will be considered as complementary to it.

Paragraph I.- The Secretariat of State of Environment and Resources Natural, in coordination with the institution that correspond, will present to the Congress dome National by el The ability to Executive, the projects for the modification, updating and modernization of the following laws;

No. 5852, of March 29, 1962, on Domain of Terrestrial Waters and Distribution of Public Waters, and the laws that modify and complement it;
No. 5856, of April 2, 1962, on Forest Conservation and Fruit Trees, and its amendments;
Fishing No. 5914, of May 22, 1962, and its amendments;
No. 311, of May 24, 1968, which regulates the manufacturing, processing, packaging, storage, import, sale and trade in any crafts of insecticides, zoocides, phytoncides, pesticides, herbicides and similar products;
No. 123, of May 10, 1971, which prohibits the extraction of the components of the earth's crust called sand, gravel, gravel and stone;
No. 67, of October 29, 1974, which creates the Address National of Parks;
No. 85, February 4, 1931, on Hunting, and its modifications;
No. 218, of May 28, 1984, which prohibits the introduction into country, for any by , human or animal excrement, household or municipal waste and its derivatives, silt or sewage sludge, treated or not, as well as toxic waste from industrial processes;
No. 290, of August 28, 1985, on Incentives for Forest Development and its amendments;
No. 300, of July 31, 1998, which provides for compulsory education in all schools and colleges of the country, from the subject "Environment and Resources Natural».
Paragraph II.- The Secretariat of State of Environment and Resources Naturales will promote, together with the corresponding institutions, the updating and modernization as seen here the provisions of this law, of the following legal provisions:

Laws Nos.:

3003, of July 12, 1951, on Police of Ports and Back and its modifications;
4990, of August 29, 1958, on Plant Health and its amendments;
146, of June 4, 1971, Act Miner of the Republic Dominican Republic and its modifications;
186, of September 13, 1967, on the area of the one who sets the limits of the March Territorial of the Republic Dominican.
CHAPTER II
OF THE FINAL PROVISIONS

Article 193.- Paragraphs f) and i) of the article 1, the Incidentally b) of the article 4 y el article 7 of the law No. 9 of September 8, 1965, which determines the functions of the Ministry of Agriculture.

Article 194.- They are transferred to the Secretariat of State of Environment and Resources Natural powers conferred to the Secretariat of State of Agriculture by the law Fishing Regulation No. 5914, May 22, 1962.

Article 195.- The following are modified: article 4 and paragraphs g) and h) of the article 5 of the law No. 6, of September 9, 1965, which creates the Institute National de Resources Hydraulics (INDRHI), so that from now on they say:

«Article 4. The INDRHI will be the maxim authority national en relationship to the control, use and construction of river works (regulation or channeling of rivers and protection against floods); agricultural hydraulics (sanitation natural by open ditches, artificial evaluation and drainage); infiltration irrigation, canal irrigation, underground irrigation and sprinkler irrigation, from weirs and dams; and from hydroelectric plants;

Article 5. g) Intervene, subject to the approval of the Secretariat of State of Environment and Resources Natural, in the conservation of water currents, lakes and lagoons; in the protection of feeder basins and in the works of correction torrential, with the cooperation of the Secretariat of State of Agriculture and the Institute Agrarian Dominican;

h) Carry out, in coordination with the Secretariat of State of Environment and Resources Natural, the recognition and evaluation of the resources hydraulic systems of all national basins.

Article 196.- The article 4 of the law No. 5852, of March 29, 1962, on Domain of Terrestrial Waters and Distribution of Public Waters, so that where it says Secretariat of State of Agriculture says Secretariat of State of Environment and Resources Natural, and chapters I, II, III and IV of the aforementioned law, in the parts that are necessary, so that from now on, the management and grant of concessions and permits for the exploitation and use of the groundwater contemplated therein shall be transferred to the Secretariat of State of Environment and Resources Natural.

Article 197.- The law No. 487, of October 15, 1969, and its regulation No. 2889, of May 20, 1977, on the Control of the Exploitation and Conservation of Groundwater, so that where it says INDRHI, it says Secretariat of State of Environment and Resources Natural.

Article 198.- The article 2 of the law No. 123, of May 10, 1971, which refers to the commission responsible for reviewing applications for concessions and permits, to include the Secretary of State of Environment and Resources Natural as a member of the same, and it is established that this one will preside over said commission. In addition, Articles 3, 9, 10, 11 (paragraph I), 12 and 20 of Regulation No. 1315 of July 29, 1971, are amended for the application of the law No. 123, of when and where May 10, 1971, so that where it says Secretariat of State of Public Works and Communications, hereinafter referred to as the Secretariat of State of Environment and Resources Natural.

Article 199.- Laws Nos. 290 of August 28, 1985, on Incentives for Forest Development, No. 291 of August 28, 1985, which modifies Laws Nos. 211 and 705 of 1967 and 1982, respectively, and No. 55 of June 15, 1988, which modifies Articles 6, 8 and 10 of the law 290, of August 28, 1985, on Incentives for Forest Development, and its regulations, so that where it says Commission National Forestry Technique (CONATEF), said Secretariat of State of Environment and Resources Natural.

Article 200.- Decrees No. 3278 of January 27, 1978, which creates and integrates the Council National of Wildlife; No. 2596, of September 4, 1972, which creates a Commission which will be responsible for studying the problems caused by the contamination of our environment; No. 301, of October 11, 1978, which provides that the Address General of Forestry and the Address National Parks must henceforth coordinate their activities común agreement with the Secretariat of State of Agriculture, and dictates other provisions; No. 39, of September 7, 1965, which integrates a Commission for the study of the problem of deforestation of the country; the decree No. 1824, of February 23, 1984, which creates and integrates a Commission in charge of carrying out a study aimed at establishing regulations that allow the development of aquaculture and fishing; No. 531, of 1990, which requires the carrying out of environmental impact studies in all development projects carried out in the area coastal; the decree No. 152-98, of April 29, 1998, which creates and integrates the Commission Sector Coordinator Resources Natural and Environmental; Articles 2 and 3 of the decree No. 136-99, which reestablishes the boundaries of the Marine Mammal Sanctuary created by the article 22 del decree No. 233-96 and creates a Commission National for the Protection of Marine Mammals.

Article 201.- They are transferred to the Secretariat of State of Environment and Resources Natural powers conferred in the article 18 del decree No. 1142, of April 28, 1966, which approves the Organic Regulations of the Ministry of Agriculture.

Article 202.- All quality standards, orders, rules, permits, contracts, licenses and authorizations that have been issued, carried out, granted or adopted by government agencies remain in force as long as they do not contradict the letter and spirit of this document. law, In which /// will be modified in accordance with its provisions.

Article 203.- (Temporary). Until the next Income Budget project is approved and law de Additional Public, the Secretariat of State of Environment and Resources Natural will work with the respective fondos from the current budgets of the institutions transferred to it.

Article 204.- This law repeals and replaces any other provision legal o part of her that is contrary to her.

GIVEN in the Living Room of Sessions of the Camera of Deputies, Palace of Congress dome National, in Santo Domingo de Guzman, District National, capital of the Republic Dominican, eighteen (18) days after the month July 2018 year and we will announce two thousand (2000); 157 years of the Independence and 137 of the Restoration.

Rafaela Albuquerque,
President

Ambrosina Saviñón Caceres,
Secretary Rafael Angel Franjul Troncoso
Secretary
GIVEN in the Living Room of Sessions of the Senate, Palace of the Congress dome National, in Santo Domingo de Guzman, District National, capital of the Republic Dominican Republic, twenty-five (25) days after month July 2018 year and we will announce two thousand (2000); 157 years of the Independence and 137 of the Restoration.

Ramon Alburquerque Ramirez,
President

Ginette Bournigal de Jiménez,
Secretary Angel Dinocrate Perez Perez
Secretary
HIPOLITO MEJIA
President of the Republic Dominican Republic

En exercise of the powers conferred upon me by the Article 55 of the Constitution of the Republic.

I PROMULGE this Act and I order that it be published in the Gazette Official, for your knowledge y fulfillment.

GIVEN in Santo Domingo de Guzmán, District National, capital of the Republic Dominican, eighteen (18) days after month August of year and we will announce two thousand (2000); 157 years of the Independence and 138 of the Restoration.

HIPOLITO MEJIA

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