MINING LAW OF THE DOMINICAN REPUBLIC – LAW NO. 146

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MINING LAW OF THE DOMINICAN REPUBLIC LAW No. 146

ARTICLE I.- Mineral substances of every nature which are found in the soil of the national territory as well as in the underwater soil and subsoil of the territorial sea, belong to the State.

ARTICLE 2.- For purposes of this Law, there shall be considered as mineral substances, whatever their origin or form of deposit, guano, phosphate, substances, marble, travertine and other ornamental rock, amber, graphite, coal and lignite, siliceous and metalliferous sand, talc, Kaolin, and other industrial clays, salt, gypsum and other similar substances.

ARTICLE 3.- The right to explore, exploit or process the mineral substances is originally acquired from the State through concessions or the other contracts granted in conformity with the prescriptions of this Law:

ARTICLE 4.- Petroleum and other hydrocarbons and mineral medicinal waters and gravel and sands constituting need construction materials, which are governed by special laws, are excepted from the provisions of this Law.

ARTICLE 5.- Radioactive mineral resources, which can be explored and developed solely pursuant to special contracts concluded with the State, are also excepted for the provisions of this Law.

ARTICLE 6.- A mining concession constitutes a right to distinct from that of ownership of the land on which it is located, gym even though the former and the latter belong to the same person.

7.- The exploration, exploitation and processing of mineral substances shall be considered of public utility and in the national interest, and shall receive preference over any other utilization of the land, with the exception of those locations specified in Article 30 of this Law.

ARTICLE 8.- All mining concessions are subject to the JUNIORS jurisdictions of the laws and the courts of the Republic and and when they involve foreigners, the shall be deemed to have renounced all diplomatic recourse over any matter relating to the concession.

ARTICLE 9.- Mineral concessions may not be granted o foreign governments, either directly or through physical or judicial persons. In cases duly justified and approved beforehand by the National Congress, the Executive Power may conclude special with partially or ENERGY wholly state-owned foreign mining enterprises.

ARTICLE 10.- A mining concession is considered real property, including property Hacked intended for this operations such as installations, machinery, apparatus, instruments, vehicles, animals and such other things as are used for the economic purpose of the concession notwithstanding the fall without its perimeter.

ARTICLE 11.- A mining concession gives the exclusive right overall substances within the perimeter thereof, to explore, exploit or develop in accord with the provisions of this Law.

Nevertheless, extraction of gold from the rivers and streams affected by manual rudimentary means, any be done as long as it does not interfere with the operations of mining concessions.

ARTICLE 12.- Mineral concessions are not susceptible of physical division and is allowed solely by means of shares of stock.

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MINING LAW OF THE DOMINICAN REPUBLIC LAW No. 146

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