Data-center law in Dominica

Physical Planning Act, 2002 (Act No. 5 of 2002, Commonwealth of Dominica)

Applies to both

Section 17(1) bars a person from carrying out any development of land except under and in accordance with the terms of a development permission granted before the development begins, unless the development is permitted development authorised by Ministerial Order under section 17(2). Section 62 separately bars commencing the construction of a building without first obtaining a building permit issued by the Physical Planning and Development Authority.

Section 23(1) requires an environmental impact assessment for any application to which Schedule II applies, unless the Authority otherwise determines, and section 23(2) separately lets the Authority require an environmental impact assessment of any development where it is of the opinion that significant environmental harm could result.

Schedule II lists the matters for which an environmental impact assessment is required, including hotels of more than twelve rooms, sub-divisions of more than six plots, residential development of more than six units, quarrying and mining activities, and any industrial plant which in the Authority's opinion is likely to cause significant adverse environmental impact.

Where an environmental impact assessment is required, section 23(4) requires the Authority to issue, within thirty days of receipt of the application, a written notice setting out the terms of reference for the environmental impact statement.

Section 87 makes it a general offence, without reasonable excuse, to fail to comply with a compliance notice, a notice to discontinue use, a building preservation order, an amenity order, Part VII's building Regulations, or an access notice, or to obstruct an officer or wilfully give false information, punishable on summary conviction by a fine of five hundred dollars (with a further one hundred dollars for each day a continuing contravention continues after conviction) or, on conviction on indictment, by a fine of ten thousand dollars, imprisonment for six months, or both.

A stop order breach under section 44 carries a fine of forty thousand dollars, with a further one thousand dollars for each day the breach continues after conviction.

Source: Full text of law

Electricity Supply Act, 2006 (Act No. 10 of 2006, Commonwealth of Dominica)

Applies to both

Section 2 provides that the Act comes into force on such day as the Minister may, by Order published in the Gazette, appoint, and that the Minister may appoint different dates for different provisions other than Part II. Part II establishes the Independent Regulatory Commission.

Part VI, section 29(1), bars a person from engaging in generating, transmitting, distributing or supplying electricity unless authorised by a licence under the Act, except that generation may be excluded or exempted under section 31. Section 31 lets the Commission establish standards based on minimum generation capacity, or other criteria it determines, for the exemption of generation facilities from the licensing requirement.

Contravention of section 29 is an offence prosecuted only by or on behalf of the Commission.

Part XII sets tiered penalties: obstructing a licencee is a fine of five thousand dollars and six months' imprisonment (section 80), stealing electricity is a fine of five thousand dollars and twelve months' imprisonment (section 81), damaging a licencee's works is a fine of one thousand dollars for a first offence and five thousand dollars for a subsequent offence (section 82), breach of Regulations is a fine of up to five thousand dollars plus a further penalty of up to five hundred dollars for each day the breach continues (section 84), and any offence under the Act carrying no special penalty is a fine of ten thousand dollars and one year's imprisonment (section 85).

Source: Full text of law

Invest Dominica Authority Act, 2007 (Act No. 9 of 2007, Commonwealth of Dominica)

Applies to both

Section 3 establishes the Invest Dominica Authority.

Section 4 sets out the Authority's functions, which include advising Government on matters relating to the establishment of business enterprises in Dominica, compiling and disseminating information on available investment opportunities, providing local and foreign investors with information on potential joint-venture partnerships, liaising with government agencies to identify and secure suitable land for investment projects, and establishing procedures to process applications under the Act.

The Act does not itself impose a registration, certification, or licensing requirement on an investor, and creates no offence or penalty provision; an investor's registration and incentive-qualification duties, where they exist, arise under Dominica's separate fiscal-incentive legislation rather than under this Act. Section 12 exempts the Authority itself from income tax and stamp duty.

Source: Full text of law