नागरिक विवाद
⚠ आधिकारिक अनुवाद — अरबी मूल कानूनी रूप से बाध्यकारी संस्करण है।
83 अनुच्छेद
Concerning the Protection and Development of the Environment
We Zayed Bin Sultan Al Nahyan UAE President, − After having perused the provisions of the constitution, and − Federal Law No. (1) of 1972 Concerning the Jurisdictions of Ministers and Authorities Vested in Ministers and its amendments, and − Federal Law No. (3) of 1979 Concerning Civil Defence and its amendments, and − Federal Law No. (7) of 1979 Concerning Agricultural Interdiction and its amendments, and − Federal Law No. (8) of 1980 Regulating Labour Relationships and its amendments, and − Federal Law No. (21) of 1981 Concerning the Establishment of the General Authority for Water Resources Management in the United Arab Emirates and its amendments, and − Federal Law No. (26) of 1981 Concerning the Maritime Commercial Law and its amendments, and − Decree by Law No. (9) of 1983 Regulating the Hunting of Birds and Animals, and − Civil Transactions Law Issued under Federal Law No. (5) of 1985 and its amendments, and − Penal Code Issued under Federal Law No. (3) of 1987, and − Penal Procedures Code Issued under Federal Law No. (35) of 1992, and − Federal Law No. (39) of 1992 Concerning the Production, Importation and Handling of Fertilizers and Agricultural Additives, and − Federal Law No. (41) of 1992 Concerning Agricultural Pesticides, and − Federal Law No. (7) of 1993 Concerning the Establishment of the Federal Environmental Agency, and − Federal Law No. (19) of 1993 Concerning the Definition of Territorial Waters of the United Arab Emirates, and − In Accordance with the Proposal Submitted by the Minister of Health and Approval of the
Cabinet of Ministers and the Federal Council, and Ratification of the Federal Supreme Council,
We hereby issued the following Law:
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 : The marine waters and their contents of natural resources, plants, fishes,
Environment other marine creatures, and the above atmosphere, as well as fixed and movable installations and projects established in the marine environment. The boundaries of the Marine Environment extend to the economic zone of the State. Water Environment
: Marine environment and inland waters including ground, spring and valleys waters and the 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 Pol- luting 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, intentionally 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 authorized 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 environmental 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.
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
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.
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.
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.
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.
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.
The Executive Order shall specify the period required for keeping all the records referred to in Article (7) of this Law.
Chapter Two The Environment and Sustainable Development
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.
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.
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.
It is prohibited to hunt, kill or capture birds, wild and marine animals identified in the Executive Order and it is forbidden to possess, transport, sell or roam with these animals, alive or dead, without obtaining licensure from the Competent Authorities. It is also prohibited to damage birds' nests or destroy their eggs. The Executive Order shall determine the areas licensed for hunting, and stipulate the conditions for licensing and the means of supervision for the execution of this Article.
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
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.
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 Four Emergency Plans for Combating Environmental Disasters
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
All parties and individuals in the State shall endevour to offer their help and potentials needed to combat environmental disasters.
Section Two Protection of Water Environment Chapter One The Scope of Environemntal Protection
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.
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.
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.
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 Two Protection of The Marine Environment Part One Pollution from Marine Means of Transportation
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 Two Pollution from Land Sources
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.
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.
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.
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 Three Protection of Drinking and Underground Water
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.
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.
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 Three Soil Protection
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.
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.
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.
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.
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.
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 Four Protection of Air from Pollution
Establishments, in practicing their activities, shall ensure that air pollutants must not exceed the acceptable permissible limits specified in the Executive Order.
Machines, engines or vehicles producing exhaust gases that exceed the limits specified in the Executive Order shall not be used.