Section 1: Development and the Environment
Chapter 1: Environmental Impact of Establishments
Chapter 2: The Environment and Sustainable Development
Chapter 3: Environmental Monitoring
Chapter 4: Emergency Plans for Combating Environmental Disasters
Section 2: Protection of Water Environment
Chapter 1: The Scope of Environmental Protection
Chapter 2: Protection of the Marine Environment
- PART (I): Pollution from Marine Means of Transportation: Article (21)
- Article (22)
- Article (23)
- Article (24)
- Article (25)
- Article (26)
- Article (27)
- Article (28)
- Article (29)
- Article (30)
- Article (31)
- Article (32)
- Article (33)
- Article (34)
- PART (II): Pollution from Land Sources : Article (35)
- Article (36)
- Article (37)
- Article (38)
Chapter 3: Protection of Drinking and Underground Water
Section 3: Soil Protection
Section 4: Protection of Air From Pollution
- Article (48)
- Article (49)
- Article (50)
- Article (51)
- Article (52)
- Article (53)
- Article (54)
- Article (55)
- Article (56)
- Article (57)
Section 5: Handling of Hazardous Substances and Hazardous Wastes and Medical Wastes
Section 6: Natural Reserves
Section 7: Liability and Compensation for Environmental Damages
Chapter I: Judicial Control Authorities
Chapter II: Liability and Compensation for Environmental Damages
Section 8: Penalties
- Article (73)
- Article (74)
- Article (75)
- Article (76)
- Article (77)
- Article (78)
- Article (79)
- Article (80)
- Article (81)
- Article (82)
- Article (83)
- Article (84)
- Article (85)
- Article (86)
- Article (87)
- Article (88)
- Article (89)
- Article (90)
Section 9: Final Provisions
Article (1) Definitions
In implementation of the provisions of this law, the following words and phrases shall bear the meanings given opposite each unless the context otherwise requires:
State: The United Arab Emirates.
Agency: The Federal Environmental Agency.
Board of Directors: The Board of Directors of the Agency.
Chairman: The Chairman of the Board of Directors of the Agency.
Competent Authorities: Local Authorities in each Emirate of the United Arab Emirates.
Concerned Parties: All Parties concerned with the environmental affairs and development in the United Arab Emirates.
Environment: The biosphere in which different forms of life are manifested and consists of two elements:
Natural Element: comprises living creatures to include man, animal, plant, and other living creatures, natural resources to include water, soil, organic and inorganic substances and natural systems.
Unnatural Element: comprises all that man introduced into the natural environment, to include fixed and movable installations, roads, bridges, airports, means of transportation and innovative industries, inventions and technologies.
Marine Environment: The marine waters and their contents of natural resources, plants, fishes, other marine creatures, and the above atmosphere, as well as fixed and movable installations and projects established in he marine environment. The boundaries of the Marine Environment extend to the economic zone of the State.
Water Environment: natural resources, plants, fishes and other living organisms as well as the above atmosphere, fixed and movable installations and projects established on such waters.
Ecological Systems: The comprehensive system comprising all components of the natural elements of the environment which complement and interact with each other.
Natural Resources: All resources that exist without the involvement of man.
Natural Reserves: Land or waters with special environmental nature (birds, animals, fish, plants or natural phenomena) having cultural, aesthetical, or environmental value and determined by a Decree issued by the Cabinet of Ministers in response to a proposal by the Agency or a Resolution by the Competent Authorities.
Environment Degradation: The effects, which diminish the value, deform the nature of the environment, deplete the resources or harm living creatures or archaeological sites of the environment
Environment Pollution: Pollution resulting naturally or unnaturally from direct or indirect, intentional or unintentional introduction of any materials or polluting factors into the natural elements of the environment and as a result of which arises any danger to human health, botanical or animal life or harm to the resources and ecosystems.
Materials and Polluting Factors: Any form of materials such as solids, liquids, gases, smoke, vapours, odor, noise, radiation, heat, light glow or vibrations produced naturally or as a result of human activities that lead directly or indirectly to the pollution and degradation of the environment or harm human beings or living creatures.
Air Pollution: Any change in the characteristics and properties of the ambient air, and the air in work places and the air in closed and semi-closed public places, produced by natural factors or human activity which may affect human health and the environment.
Water Pollution: The introduction of any substance or energy into the water environment by intentional or unintentional, direct or indirect means which adversely affect living or non-living resources, endangers human health or impedes water activities including fishing and tourism or impairs the quality for use or changes the properties of water.
Pollutants of Water Environment: Any substance which when discharged int the water environment, directly or indirectly, imentionally or unintentionally changes its properties in a manner which harms human beings and other living creatures or natural resources or the water environment or tourist areas or interferes with other auihorized uses of the water environment.
Environmental Monitoring Networks: Working units monitoring the components and pollutants of the environment and provide data to relevant parties on regular basis.
Environmental Impact Assessment: The study and analysis of environmental feasibility of activities, the establishment and practice of which may affect environmenta safety.
Environmental Protection: Preservation of the components, properties and natural balance of the environment, prevention and control of pollution, reduction and conservation of natural resources and rationalization, consumption and protection of living creatures which survive in such resources specially endangered species and devoting efforts to the development and upgrading of all these components.
Environmental Development: Policies and regulations fulfilling social, cultural and economic needs of sustainable development in the State and achieving the objectives and principles for which this law has been enacted, and most importantly, the preservation of natural resources as well as biological diversity and present and future historical, archaeological and natural heritage of the State.
Sustainable Development: Linkage of environmental issues with the policy for development and planning to fulfill the needs and aspirations of the present without undermining the ability to achieve future needs and aspirations.
Environmental Disaster: The accident resulting from natural or man made factors and causing serious damage to the environment which requires intervention potentials beyond local capabilities.
Hazardous Substances: Solid, liquid or gaseous substances having properties harmful to human health or adverse impact on the environment such as toxic substances, explosive, flammable, or ionizing radioactive substances.
Harmful Substances: All substances such as chemical, biological or radioactive materials, leading, directly or indirectly, to harmful effects on human health or the environment.
Wastes: All hazardous and non-hazardous remnants and wastes, including nuclear wastes, disposed of or need to be disposed of in accordance with the provisions of the law and include:
Solid Wastes: such as domestic, industrial, agricultural, medical, construction and demolition wastes.
Liquid Wastes: produced by domestic, commercial, industrial and other premises.
Gaseous (smoke, vapour and dust) Wastes: produced by domestic premises, bakeries, incinerators, factories, crushing plants, stone quarries, power stations, oil works and means of transportation and communication.
Hazardous Wastes: residues or ash of different activities and operations containing properties of hazardous substances.
Medical Wastes: Wastes constituted wholly or partially of human or animal tissues, blood or other body fluids or excretions or drugs or other pharmaceutical products or bandages, needles, syringes, sharp medical objects or any other contagious, chemical or radioactive wastes produced by medical or nursing activities, treatment or health care, dentistry or veterinary and pharmaceutical practices or manufacturing, research, teaching, sample taking or storage.
Waste Management: Collection, storage, transportation, recycling and disposal of wastes including the care of disposal sites.
Waste Handling: All operations from the time of generation of wastes to their safe disposal, including collection, storage, treatment and recycling or disposal.
Waste Disposal: Operations no involving extraction or reuse of substances such as burial, deep injection, biological or physical-chemical treatment, permanent storage, destruction or any other method approved by the competent authorities.
Waste Recycling: Operations carried out on wastes, for the extraction or reuse of substances such as use for fuel, extraction of metals and organic substances, soil treatment or waste oil refining.
Marine Means of Transportation: Means of transportation operating or meant to operate in the marine environment regardless of power, load capacity or purpose of navigation including vessels, scooter boats, hoover crafts and floating objects, fixed and floating platforms and hydroplanes.
Means for Oil Transportation: Means used for loading, transportation, pumping or unloading of oil including pipelines.
Establishments: Industrial, tourism establishments and establishments for production and generation of electricity and establishments for explorations, production, transportation and use of oil and infrastructure projects and any other establishments
Oil: All forms of crude oil and oil products including any kind of liquid-hydrocarbons, lubrication and fuel, refined and furnace oils, tar and other substances extracted from oil or its by products or wastes.
Oil Mixture: Any aqueous mixture containing an amount of oil that exceeds 15 ppm.
Dirty Ballast Water: Dirty ballast water disposed off the ship's tank if its oil content exceeds 15 ppm.
Discharge: Any leakage, spill, emission or draining of polluting substances or the disposal of such substances into the water environment, land or air.
Dumping:
a) Any deliberate disposal of pollutants or refuse from ships, aircrafts, quays, or other means into the marine
environment.
b) Any deliberate dumping from ships or industrial installations or other means into the marine environment.
Means of Transportation: Aeroplanes, cars, trains, tractors, motorcycles or other road machineries.
Noise: Sounds, vibrations or sound frequencies causing nuisance or harm to public health.
Public Premises: Places set up to receive the public or a certain group of people for any purpose.
Closed Public Premises: Public places as complete buildings not allowing air entry except through specially designed inlets. Public transportation means are classified among such premises.
Semi-Closed Public Premises: Public places such as incomplete buildings allowing air entry but cannot be closed completely.
Article (2) Objectives and General Principles
This law aims to achieve the following goals:
1. Protection and conservation of the quality and natural balance of the environment.
2. Control of all forms of pollution and avoidance of any immediate or long-term harmful effects resulting from economic, agricultural, industrial, development or other programmes aiming at improving life standards and co-ordination among the Agency, Competent Authorities and Parties concerned with the protection of the environment and conservation of the quality, natural balance and consolidation of environmental awareness and principles of pollution control.
3. Development of natural resources and conservation of biological diversity in the region of the state and the exploitation of such resources with consideration of present and future generations.
4. Protection of society, human health and the health of other living creatures from activities and acts, which are environmentally harmful or impede authorized use of the environmental setting.
5. Protection of the State environment from the harmful effects of activities undertaken outside the region of the State.
6. Compliance with international and regional conventions ratified or approved by the State regarding environmental protection, control of pollution and conservation of natural resources.
Section 1: Development and the Environment
Chapter 1: Environmental Impact of Establishments
Article (3)
The Agency, in consultation with the Competent Authorities and Concerned Parties shall set the standards, specifications, principles and regulations for the assessment of environmental impact of projects and establishments applying for license and shall specially undertake the following:
1. Identification of categories of projects, which due to their nature may cause harm to the environment.
2. Identification of areas and sites of special environmental importance or sensitivity such as historical and archaeological sites, wet lands, coral reefs, natural reservations and public parks.
3. Identification of natural resources and major environmental problems of special importance.
Article (4)
Without contravention to the provisions of the above article, the Agency, in coordination with the Competent Authorities and Concerned Parties shall undertake the evaluation of environmental impact of the project and establishment to be licensed.
No project or establishment shall start the activity before obtaining the license aforementioned in the previous article including environmental impact assessment.
Article (5)
The applicant for license shall attach with his application a complete statement on the project or activity intended to be undertaken including all information required in accordance with the Executive Order and forms included therein.
Article (6)
The Agency shall, in coordination with the Competent Authorities, decide on the applications submitted, within a period not exceeding one month from the date of submission of the application. The applicant shall be notified of the decision and the reasons for rejection of his application if rejected. The period stated in the above paragraph may be exterded by one month if need arises.
Article (7)
Owners of projects or establishments approved by license shall undertake regular analysis of wastes and monitor the properties of discharge and pollutants generated from such projects including degradable materials and keeping monitoring records and sending reports with the results to the Agency and the Competent Authorities.
Article (8)
The Executive Order shall specify the period required for keeping all the records referred to in Article (7) of this Law.
Chapter 2: The Environment and Sustainable Development
Article (9)
All Concerned Parties specially parties responsible for planning, economic and construction development shall consider aspects of protection of the environment, control of pollution and rational use of natural resources when developing economic and social plans and when establishing and executing of projects.
Article (10)
The Agency shall, in consultation and coordination with the Competent Authorities and Concerned Parties, undertake the preparation, issuance, revision, development and updating measurements and standards of environment protection.
The balance between technological capabilities available and economic cost shall be considered when determining such measurements and standards without undermining the requirements for the protection of environment and control of pollution.
Article (11)
In the case of emergencies and if deemed necessary to protect lives or ensure the safety of the establishment or work area, non-compliance with the measurements and standards issued under the application of the provisions of this law is permitted and the Agency and Competent Authorities are to be notified.
ARTICLE 12
It is prohibited to hunt, kill or capture birds, wild and marine animals identified in lists bearing the numbers (1, 2 and 3) attached hereto. It is prohibited to possess, transport, wander with, sell or offer such birds or animals for sale, alive or dead, without obtaining a licence from the competent authorities. It is also prohibited to damage the nests or destroy the eggs of the said birds. The executive regulations shall determine the areas licensed for hunting, the conditions for licensing and the means of supervision that are necessary for the implementation of this article.
The Competent Minister may, in coordination with the Competent Authority, amend the three lists attached to this law by deletion, addition or transfer.
Chapter 3: Environmental Monitoring
Article (13)
The Agency shall in coordination with the Competent Authorities and Concerned Parties, develop a national system for environmental monitoring. The Competent Authorities shall undertake the establishment, operation and supervision of the environmental monitoring networks.
Article (14)
The environmental monitoring networks shall notify the Agency, Competent Authorities and Concerned Parties of any violation of the permissible limits of environmental pollutants, and should submit periodical reports of the results in accordance with the provisions of the Executive Order.
Chapter 4: Emergency Plans for Combating Environmental Disasters
Article (15)
The Agency shall, in coordination with the Competent Authorities and cooperation and consultation with the Concerned Parties in the State, establish plans to combat environmental emergencies and disasters. Such plans and their budgets shall be approved by a resolution issued by the Cabinet of Ministers.
Article (16)
All parties and individuals in the State shall endevour to offer their help and potentials needed to combat environmental disasters.
Section 2: Protection of Water Environment
Chapter 1: The Scope of Environmental Protection
Article (17)
Protection of water environment from pollution aims to achieve the following:
1. Protection of the coasts, beaches and seaports of the State from all kinds and forms of pollution.
2. Protection of the marine environment and its living and non-living natural resources by prevention, reduction and control of pollution regardless of its source.
3. Protection of drinking water and ground water and development of water resources.
Article (18)
Parties licensed to prospect, extract or exploit onshore or offshore oil and gas fields are prohibited from discharging any polluting substance resulting from drilling, exploring, testing of wells or producticn into the water environment or land area in the vicinity of activities referred to in this article, unless safety measures to safeguard against causing harm to land and water environments are adopted and the treatment of discharged waste and polluting substances by the most recent technical systems available in accordance with the conditions provided for in the approved regional and international conventions and protocols.
Article (19)
The Agency shall in coordination with the Competent Authorities and cooperation and coordination of the parties licensed for the exploration, extraction or exploitation of oil and gas fields, undertake the preparation of guidelines of specifications on the conditions of environmental safety and management of waste resulting from the production, transportation and exploitation of oil and gas.
Article (20)
The Agency shall in coordination with the Competent Authorities and cooperation and coordination of the parties mentioned in Articles (18) and (19) of this Law, carry out periodical monitoring of the environmental impact resulting from the exploration, extraction and exploitation of oil and gas taking place in the production fields and land and marine transportation routes.
Chapter 2: Protection of the Marine Environment
PART (I): Pollution from Marine Means of Transportation: Article (21)
All marine means of transportation are prohibined from discharging or disposing of oil or oil mixture into the marine environment, regardless of their nationality or registration status in the State.
Article (22)
The captain or officer in charge of the marine means of transportation shall take sufficient measures of protection from the e Ifects of pollution in the event of the occurrence of an accident involving a means that carries oil which may result or likely to result in pollution of the marine environment of the State and shall implement the orders of the inspectors of the administrative parties or, in this case, the judicial officers.
Article (23)
In the event of a collision accident involving oil tankers, marine means, installations or carriers of hazardous substances, whether by deliberate action from the officer in charge of the marine means or as a result of his fault or negligence or the fault or negligence of his assistants, the captain shall be responsible for the operations to stop the spillage and the owner and transporter jointly responsible for the payment of all costs of damages, compensation and control incurred as a result of spillage into the marine environment, coastal areas and beaches.
Article (24)
1. The owner, captain or any person in charge of the marine means of transportation, the persons responsible for the transportation of oil located within the seaports or the marine envirorment of the State and the officials of parties involved in oil extraction, shall immediately and in accordance with the procedures stipulated in the Executive Order, inform the Ports Authorities, Coast Guards and other Competent Authorities of any oil spillage accident and circumstances of the accident, the nature of the leaking substance and actions taken to stop or control the leakage.
2. In all cases, the Ports Authority and Coast Guards shall immediately inform the Agency and the Concerned Parties and provide complete information about the accident.
Article (25)
The owner or captain of any marine means transporting oil and entering the marine environment of the State shall maintain in that means a record of all operations pertaining to oil. The Executive Order shall determine the nature of information in such record.
Article (26)
Marine means transporting oil and entering the marine environment of the State shall be equipped with the necessary equipment to undertake combating operations during the occurrence of pollution from the same marine means in accordance with the terms of the Executive Order.
Article (27)
Marine means transporting hazardous substances are prohibited from discharging or disposing harmful substances or wastes, directly or indirectly into the marine environment.
Marine means transporting hazardous substances in containers, freight containers, mobile tankers or tanker railway vehicles are also prohibited from disposing such substances by dumping into the marine environment of the State.
Article (28)
Marine means, carrying hazardous substances, shall be provided with logbook in which the captain or officer in charge of the marine means shall enter all operations related to the cargo. The Executive Order shall determine the principles regulating such a record.
Article (29)
The captain of the marine means entering the seaports of the State shall notify of hazardous substances on board the marine means according to the type, quantity, location in the marine means, shipment origin and unloading destinations of such substances.
Article (30)
The captain or officer in charge of the marine means shall take the necessary measures for protection against the effects of pollution in the case of occurrence of an accident to any marine means carrying harmful or hazardous substances which may pollute the marine environment and shall in this case implement orders of the administrative parties inspectors or, in this case, the judicial officers.
Article (31)
Marine means carrying harmful substances are prohibited from dumping hazardous wastes and polluting materials into the marine environment.
The Concerned Parties in coordination with the Agency shall issue lists of hazardous wastes and polluting materials referred to in the previous paragraph.
Article (32)
Marine means and marine establishments identified in the Executive Order are prohibited from draining sewage water into the marine environment and such water shall be disposed of according to the standards and regulations specified in the Executive Order.
Marine means are also prohibited from deporting wastes into the marine environment.
Article (33)
Marine means transporting oil and entering the marine environment shall be in possession of a valid International Oil Pollution Prevention Certificate (I.O.P.P) accompanied by a statement showing the last location of unloading of sludge and their quantities and date of unloading.
Article (34)
Marine means and marine establishments undertaking prospecting for exploring and exploiting natural and mineral resources in the marine environment and marine means using the seaports of the State shall not throw garbage or wastes in the marine environment and should deliver their garbage and wastes to the sites according to the conditions specified by the Competent Authorities. The Competent Authorities of the seaports in cooperation with Coast Guards shall prepare and implement the plans for handling garbage or wastes and ensure that all marine means using the seaports of the State abide by the regulations stipulated in this Law and its Executive Order.
PART (II): Pollution from Land Sources : Article (35)
All establishments including public premises or commercial, industrial, agricultural, tourism and service establishments are prohibited from discarding untreated substances, wastes or liquids which may directly or indirectly cause pollution to the water environment.
Article (36)
Licensing for the establishment of premises or shops on or near the coastline discharging pollutants in contradiction to the terms of this Law and its Executive Order, is subject to conducting studies on environmental impact by the applicant and providing waste treatment units and undertake to start their operation immediately.
Article (37)
The Executive Order shall determine the specifications and standards to be observed by industrial establishments authorized to discharge degradable polluting substances after treatment.
The Executive Order shall also specify persistent polluting substances that industrial establishments are prohibited to discharge into the marine environment.
Article (38)
The Agency and Competent Authority shall have the right to take specimens from treated liquid wastes in accordance with the procedures specified by the Executive Order to ensure that test results correspond with test approved standards.
Chapter 3: Protection of Drinking and Underground Water
Article (39)
The Concerned Parties shall consult and coordinate with the Agency and the Competent Authorities in all matters related to drinking and underground water including the preservation and development of the sources of water resources.
Article (40)
The Competent Authorities, in coordination with the Agency, shall determine the safety rules for water tanks and drinking water connections and their suitability for human consumption with which the owners of buildings and establishments shall comply and in accordance with the standards specified by the Executive Order.
Article (41)
The Competent Authorities, in coordination with the Agency shall conduct periodical annual examinations of water tanks and drinking water connections to ensure their safety and suitability for human consumption and inform the owner about procedures to be followed for water to reach the residents safely.
In case the owner does not abide by such instructions, these authorities may undertake the necessary repairs at the expense of the owner.
The results of periodical examinations shall be recorded in special registers by these authorities.
Section 3: Soil Protection
Article (42)
The Competent Authorities shall take into consideration the environmental standards and factors specified by the Agency in coordination with the Competent Authorities and the Concerned Parties at the preparation and implementation of the plans for land-utilization for construction, agricultural, industrial areas, reserve areas and others.
Article (43)
It is prohibited in accordance with the Executive Order to undertake any activity contributing directly or indirectly, to damaging, disturbing the natural properties or polluting the soil in any way that may affect its productivity.
Article (44)
The Competent Authorities in coordination and cooperation with the Agency, and Concerned Parties shall encourage efforts to develop and enhance reserves of the desert environment and attend to biological diversity and increasing the green area by using modern methods and technologies and make use of advanced technology that protects and develops agricultural areas. It is prohibited to undertake any activity that damages the quantity or quality of flora in any area, thus causing desertification or deformation of the natural environment and it is prohibited to cut, uproot or cause damage to any tree, shrub or grass without authorization from the Competent Authority, in coordination with the Agency.
Article (45)
The Ministry of Agriculture and Fisheries in coordination with the Competent Authorities, the Agency and other Concerned Parties in the State, shall establish regulatory orders for the following:
1. Types of pesticides, fertilizers and agricultural conditioners that may be produced, manufactured, imported, handled or used in the State.
2. Conditions and specifications for the production, manufacture, importation, handling or use of these substances.
3. Procedures for registration and renewal of registration of these substances.
4. Conditions and specifications for sampling and methods of analysis and assessment of the results of analysis of these substances.
5. Methods for monitoring, assessment and treatment of pollution resulting from unsafe or incorrect handling or use of these substances.
Article (46)
The Agency shall in coordination with the Competent Authorities and Concerned Parties in the State, establish the controls and permissible limits of pesticides residues allowed on locally produced or imported foods.
Article (47)
The Agency shall in coordination with the Ministry of Agriculture and Fisheries, the Competent Authorities and other Concerned Parties, establish controls and conditions to be followed for the disposal of pesticide wastes or chemical compounds used in their manufacture or the compounds which were expired.
Section 4: Protection of Air From Pollution
Article (48)
Establishments, in practicing their activities, shall ensure that air pollutants must not exceed the acceptable permissible limits specified in the Executive Order.
Article (49)
Machines, engines or vehicles producing exhaust gases that exceed the limits specified in the Executive Order shall not be used.
Article (50)
It is prohibited to throw, treat or bum garbage and solid wastes except in places designated for such purposes away from residential, industrial and agricultural areas and the water environment. The Executive Order shall determine the specifications, regulations and minimum distance of the designated places from such areas.
Article (51)
It is prohibited to spray or use pesticides or any other chemical compounds for agriculture, public health requirements or other purposes except after satisfying the conditions, controls and safeguares specified in the Executive Order to avoid the direct or indirect, immediate or late exposure of human, animal, plant, water courses or any other components of the environment to the harmful effects of such pesticides or chemical compounds.
Article (52)
All parties and individuals shall, at the time of exploration, drilling, construction, demolition or transportation of wastes or dusts produced as a result, during these activities, undertake the necessary precautions in addition to the precautions required for storage or safe transportation to prevent dispersion of such wastes and dusts as specified in the Executive Order.
Article (53)
The emission of smoke, vapors and fumes resulting from burning of fuels or other substances at the time of exploration, drilling, extraction and production of crude oil, industry, generation of power, construction or any other commercial purpose shall be within the permissible limits, and the person in charge of such activity shall take the necessary precautions to reduce the amount of pollutants in combustion emissions and keep a registry in which measurements of the amounts of pollutants resulting from such combustion are recorded.
The Executive Order shall specify the precautions and permissible limits for chimneys and other means of controlling smoke, gases and vapors emitted as a result of combustion, permissible limits for measuring the amounts of pollutants resulting from combustion and the parties authorized to audit the recorded measurements.
Article (54)
All parties and individuals undertaking the production or service or other activities specially when operating machines, equipments, warning devices and loud-speakers, shall not exceed the permissible limits for noise.
The Executive Order shall indicate the permissible limits for the intensity and exposure time of noise.
Article (55)
Enterprises and establishments shall ensure adequate ventilation in the work place and take the necessary precautions and measures to prevent the leakage or emission of air pollutants unless it is within the permissible limits specified in the Executive Order no matter whether the leakage is resulting from the normal practices of these establishments or malfunction in the equipments. Such enterprises and establishments shall also provide the necessary means of protection to the workers in accordance with conditions of safety and occupational health including choice of machines, equipments and suitable types of fuel, taking into consideration the time of exposure to such pollutants.
Article (56)
Closed and semi-closed public places shall nave sufficient means of ventilation proportionate to the size and capacity of the place and type of activity to ensure the circulation, cleanliness and adequate temperature of the air.
Article (57)
Public and tourism establishments shall undertaface the necessary measures to prohibit smoking in closed public places except within the limits allowed in the license issued to such establishments. A special area shall be allocated to smokers in a way not to affect the air in other places. Smoking shall also be prohibited in public means of transportation and elevators.
Section 5: Handling of Hazardous Substances and Hazardous Wastes and Medical Wastes
Article (58)
Handling or dealing with hazardous substances, hazardous wastes and medical wastes is prohibited without license from the Competent Authorities. The Executive Order shall specify the conditions and regulations for license issuance.
Article (59)
Disposal of hazardous wastes and medical wastes shall be undertaken in accordance with the conditions and criteria specified by the Executive Order. It is prohibited to establish any facilities for the treatment of hazardous wastes without a license issued by the Competent Authorities.
Article (60)
Inspection of the transportation and disposal of hazardous wastes across land and marine environment water boundaries and air shall be undertaken in accordance with the controls stipulated in the Executive Order.
Article (61)
Persons in charge of the production or handling of hazardous substances, whether in gas, liquid or solid states, shall take all the necessary precautions to ensure that no damage to the environment occurs. The Executive Order shall stipulate such precautions.
The owner of the establishment undertaking activities resulting in the production of hazardous wastes according to this Law, shall keep a registry for such hazardous wastes, methods of disposal and the parties contracted to receive such wastes. The Executive Order shall indicate the information and the party authorized to review the registry to ensure that the information conforms with applied practices.
Article (62)
1. No public or private party or qualified or unqualified persons are allowed to import or bring, bury or dispose of hazardous wastes in any form in the environment of the State.
2. Such parties or persons are not allowed to import or bring nuclear substances or wastes or bury, dump, store or dispose of such wastes in any form in the environment of the State.
3. No means of marine, air or land transportation carrying hazardous or nuclear wastes in the marine, air or land environment are allowed to pass without a written permit from the Agency.
Section 6: Natural Reserves
Article (63)
Reserve areas in the State and the boundaries of each area shall be determined by a decree issued by the Cabinet of Ministers or the Competent Authorities. Certain areas may be considered reserve areas in accordance with a proposal from the Agency.
Article (64)
Works, activities and acts prohibited in reserve areas which may lead to damage or deterioration of the natural environment, cause harm to wild or marine life or affect their aesthetic value, shall be determined by a decree issued by the Competent Authorities in coordination with the Agency. The following shall be particularly prohibited:
1. Hunting, transporting, killing or harming wild and marine creatures or undertaking activities leading to their eradication.
2. Damaging or destroying geological or geographical formations or areas considered natural habitat to animal and plant species as a result of increase or growth of such species.
3. Introducing foreign species into the reserve.
4. Polluting the soil, water or air of the reserve.
5. Military maneuvers and shooting practices.
6. Cutting trees or eroding soil.
7. Amusements, recreation and sports functions which can kill or harm or have negative impact on natural life.
8. All that can disturb the natural balance of such reserves.
It is also prohibited to set up establishments, buildings or construct roads, drive vehicles or practice any agricultural, industrial or commercial activities in reserve areas without the permission of the Competent Authorities.
Article (65)
Wild and marine animals and birds using reserves for resting, hatching or habitation, shall be protected in accordance with the provisions of this Law.
Article (66)
It is prohibited to practice any activities, acts or' works in areas surrounding the reserves if such practices affect the environment of the reserves or their natural phenomena, without permission from the Competent Authorities in consultation with the Agency. The Executive Order shall specify the bases for determining the surrounding areas.
Article (67)
The Agency shall, in coordination with tie Competent Authorities, undertake to supervise the activities required for the maintenance of reserves in the State and shall particularly undertake the Allowing:
1. Contributing to the preparation of programmes and studies needed for the development of the reserves.
2. Establishment of the standards and controls for monitoring environmental phenomena and confining and registering land and marine creatures in the reserves.
3. Coordination of activities for the management and development of the reserves.
4. Informing and educating the public about the objectives and purposes of the establishment of natural reserves.
5. Exchange of information and experience in this field with other countries, international organizations and Concerned Parties in the State.
Article (68)
Research centers, scientific institutions, universities and other specialized parties shall, in coordination with the Agency take interest in the issues of biological diversity, preservation of the indigenous of species, conducting studies and research and proposing the controls and procedures to be followed for the preservation and investment in such species without leading to their depletion and protecting the moral, social and economic lawful rights of the State.
Section 7: Liability and Compensation for Environmental Damages
Chapter I: Judicial Control Authorities
Article (69)
The Minister of Justice, Islamic Affairs and Awqaf, in agreement with the Minister of Health shall issue a resolution determining the employees of the Agency and the Competent Authorities, whose incumbents shall have judicial control powers for the inspection of establishments and other places to verify their compliance with the application of the provisions of this Law and resolutions issued for its enforcement.
And employees of the Agency and the Competent Authorities so determined shall be entitled to control any violation of the provisions of this Law, and refer the violating party to the Competent Judicial Authorities in accordance with the procedures applied in the State.
Article (70)
If the captain or the person in charge of a violating marine means of transportation wishes to leave the seaport urgently, the Judicial control officer shall collect an immediate fine on temporary basis for the account of enforcement of fine or compensation penalty, charged within the limits stipulated in this Law, provided that the fine stall not be less than the specified minimum penalty, in addition to all expanses and compensations determined by the Competent Authorities in agreement with the Agency for the removal of the effects of the violation.
A bank letter of guarantee for the above amount may be accepted by the Competent Authorities.
Chapter II: Liability and Compensation for Environmental Damages
Article (71)
Any person who, intentionally or by way of negligence causes damage to the environment or others as a result of violation of the provisions stated in this Law or the orders or resolutions issued for its enforcement, shall be held responsible for all the costs of treatment or removal of such damages and any compensation incurred as a result.
Article (72)
The compensation for the environmental damage referred to under article (71) of this Law, shall include the damages which affect the environment in such a way that prevents or reduces temporary or permanent lawful use or damages the economic and aesthetic value as well as the cost of the environmental rehabilitation.
Section 8: Penalties
Article (73)
Any person who violates the provisions of Articles (21), (27), (31), (62/1) and (62/3) of this Law, shall be punished by imprisonment and fine not less than One Hundred and Fifty Thousand Dirhams (Dh. 150,000) and not exceeding One Million Dirhams (Dh. 1,000,000).
And, punishment by death or life imprisonment and fine not less than One Million Dirhams (Dh. 1,000,000) and not exceeding Ten Million Dirhams (Dh. 10,000,000) for any person who violates the provisions of Article (62/2) of this Law.
And, any person who violates clauses (1) and (2) of Article (62) shall re-export the hazardous and nuclear wastes, subject of the criminal act, at his own expense.
And, punishment by imprisonment for a period not less than two years and not exceeding five years, and fine not less than Two Hundred Thousand Dirhams (Dh. 200,000) and not exceeding Five Hundred Thousand Dirhams (Dh. 500,000) or either of the two penalities, for any person who violates the provisions of Articles (18) and (58) of this Law.
And, punishment by imprisonment and fine or either of the two penalties, if the acts of crime referred to under Article (21) concern fishing boats not exceeding seventy feet in length.
Article (74)
Any person who violates the provisions of Articles (24) and (26) of this Law, shall be punished by imprisonment for a period not less than one year and fine not less than a Hundred Thousand Dirhams (Dh. 100,000) and not exceeding Five Hundred Thousand Dirhams (Dh. 500,000).
Article (75)
Any person who violates the provisions of Articles (25), (28), (32), (33) and (34) of this law, shall be punished by imprisonment for a period not less than one year and not exceeding two years and fine not less than Ten Thousand Dirhams (Dh. 10,000) and not exceeding Two Hundred Thousand Dirhams (Dh. 200,000) or either of the two penalties.
Article (76)
Any person who violates the provisions of Articles (22) and (30) of this Law, shall be punished by imprisonment for a period not less than six months and not exceeding one year and a fine not less than Two Thousand Dirhams (Dh. 2000) and not exceeding Ten Thousand Dirhams (Dh. 10,000) or either of the two penalties.
Article (77)
Any person, who causes pollution of drinking water or ground water, shall be punished by imprisonment for a period not less than one year and fine not less than Five Thousand Dirhams (Dh. 5000) and not exceeding Hundred Thousand Dirhams (Dh. 100,000).
Article (78)
Any person who violates the provisions of Articles (59), (60) and (61) of this Law, shall be punished by imprisonment for a period not less than one year and a fine not less than Ten Thousand Dirhams (Dh. 10,000) and not exceeding Twenty Thousand Dirhams (Dh. 20,000) or either of the two penalties.
Article (79)
Any person who violates the provisions of Article (49) of this Law, shall be punished by fine not less than One Thousand Dirhams (Dh. 1000).
Article (80)
Any person who violates the provisions of Article (51) of this Law, shall be punished by fine not less than Ten Thousand Dirhams (Dh. 10,000) and not exceeding Fifty Thousand Dirhams (Dh. 50,000).
Article (81)
Any person who violates the provisions of Article (35) of this Law, shall be punished by fine not less than Ten Thousand Dirhams (Dh. 10,000) and not exceeding Hundred Thousand Dirhams (Dh. 100,000).
Article (82)
Any person who violates the provisions of Articles (48), (50), ((53), (54) and (55) of this Law, shall be punished by fine not less than Two Thousand Dirhams (Dh. 2000) and not exceeding Twenty Thousand Dirhams (Dh. 20,000).
Article (83)
In addition to the seizure of captured birds and animals, any person who violates the provisions of Article (12) and clause (1) of Article (64) of this law shall be punished by:
1. Imprisonment for a period of no less than six months and a fine of no less than twenty thousand Dirhams if the crime involves any of the species included in the first list attached hereto.
2. Imprisonment for a period of no less than three months and a fine of no less than ten thousand Dirhams or either punishment if the crime involves any of the species included in the second list attached hereto.
3. Imprisonment for a period of no less than one month and a fine of no less than five thousand Dirhams or either punishment if the crime involves any of the species included in the third list attached hereto.
Article (84)
Any person who violates the provisions of Article (43) of this Law, shall be punished by fine not less than One Thousand Dirhams (Dh. 1000) and not exceeding Twenty Thousand Dirhams (Dh. 20,000).
Article (85)
Any person who violates the provisions of Article (66) of this Law, shall be punished by fine not less than Five Thousand Dirhams (Dh. 5000) and not exceeding Twenty Thousand Dirhams (Dh. 20,000).
Article (86)
Violation of any other provisions of this Law, shall be punishable by fine not less than Five Hundred Dirhams (Dh. 500) and not exceeding Ten Thousand Dirhams (Dh. 10,000).
Article (87)
The application of the penalties stipulated in this Law shall not contravene any more severe penalties stipulated in another Law.
Article (88)
In the event of repetition of the crimes stipulated in this Law, the penalties determined for such crimes shall be doubled.
Article (89)
The penalties stipulated in this Law shall not be applied in the event of pollution resulting from:
1. Securing the safety of the marine means of transportation or safety of lives onboard.
2. Unloading as a result of damage to the marine means of transportation or any of its equipments provided that such damage did not occur with the knowledge of the captain or the person in charge and was not intentional or a result of negligence and provided that in any case the captain or person in charge of the means shall take all precautions for preventing or reducing the effects of pollution, before and after the occurrence of the damage and inform the ports authorities immediately.
3. A sudden break in a pipeline carrying oil or oil mixture, during working operations, drilling, exploration or testing of wells, and not resulting from negligence in the monitoring or maintenance of the lines, and provided that sufficient precautions to monitor operations of the lines and immediately control pollution and its source.
Article (90)
The court located in the area where the crime occurred, shall decide on all crimes stipulated in this Law, if the crime occurred in a marine means of transportation of any nationality or kind within the marine environment of the State and the court shall quickly decide on the case.
Criminal courts of the capital shall decide on crimes committed by marine means of transportation raising the flag of the State outside the marine environment of the State.
Section 9: Final Provisions
Article (91)
The level of nuclear activity or concentration of radioactive materials in air, water, food and soil, shall not exceed the permissible limits determined by the Concerned Parties in consultation and coordination with the Agency and as stated in the Executive Order.
Article (92)
The Agency shall be entitled to request the assistance of the Seaports Authorities, Armed Forces, Ministry of Interior, Ministry of Petroleum and Mineral Resources or any other Party, in order to implement the provisions of this law, and such parties shall whenever requested, provide support as soon as possible.
Article (93)
The Agency shall provide other Parties with all available information and statements on recent and important environmental regulations concerning the activities of such Parties according to the priorities determined by the board of directors.
Article (94)
The provisions of Articles (4), (6), (7), (38) and (58) of this law, shall not be applicable to the activities of parties applying integrated systems and programmes for the protection and development of the environment and sufficient to achieve the objectives of this Law.
Such Parties shall be exempted from referring back to the Agency when issuing licenses for establishments and activities subject to its authority or supervision.
The Board of Directors shall issue a decree determining the authority and the adequacy of the system or programme.
Article (95)
The Cabinet of Ministers shall, after the approval of the Board of Directors reached in coordination with the Competent Authorities, issue a decree fixing the fees required for the activities, procedures and licenses granted under the provisions of this Law.
Article (96)
The Agency shall, in coordination with the Competent Authorities, establish a system of incentives awarded to organizations, agencies, establishments and individuals undertaking jobs or projects for the protection and development of the environment in the State, and the system shall be issued by a decree from the Board of Directors.
Article (97)
The owners of projects and establishments existing on the date of operation of this law and determined by the Executive Order, shall provide the Agency within a period not exceeding one year from the operation of the Executive Order, with a complete statement of their activities. The statement shall include their suggestions concerning precautiors and measures to be taken so that the operations of the project or establishment meet the required environmental standards.
The Agency shall determine within a period net exceeding six months, the precautions and measures to be taken by the owner of the project or establishment.
Article (98)
Projects and establishments existing on the dale of operation of this Law, shall amend their status according to its provisions and the provisions of the Executive Order within a period not exceeding one year from the date of operation of the Executive Order.
The Board of Directors may extend this period for another year if need so requires or if the extension has justification acceptable to the Board.
Any expansions or renovations in the existing establishment shall be subject to the provisions stipulated in this Law.
Article (99)
The Cabinet of Ministers, in consultation and coordination with the Competent Authorities, shall issue the Executive Order of this Law.
Article (100)
Any other provisions that may contradict or contravene this Law shall be superseded.
Article (101)
This Law shall be published in the official gazette and shall come into force after three months of its publication.
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