Federal Law No (24)

8/13/2019 Federal Law No (24)

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Federal Law No. 24) of 1999for the

PROTECTION AND DEVELOPMENT OF THEENVIRONMENT

We Zayed Bin Sultan AI Nahyan, President oftl e United ArabEmirates,

After having perused the provisions of the constitution, and

Federal Law No. I) of 1972 concerning the jurisdi.;tions of Ministers andAuthorities vested in Ministers and its amendments, and

Federal Law No. 3) of 1979 concerning Civil Defence and its amendments,andFederal Law No. 7) of 1979 concerning Agricultunllnterdiction and itsamendments, and

Federal Law No. 8) of 1980 Regulating Labour Rda tionsh ips and itsamendments, and

Federal Law No. 21) of 98 concerning the Estabishment of the GeneralAuthority for Water Resources Management in the Jnited Arab Emiratesand its amendments, andFederal Law No. 26) of 98 concerning the Marit me Commercial Lawand its amendments, and

Decree By Law No. 9) of 1983 Regulating the Hunting of Birds andAnimals, andCivil Transactions law issued under Federal Law No. 5) of 1985 and itsamendments, andPenal Code issued under Federal Law No. 3) of 19a7, and

Penal Procedures Code issued under Federal LawN J . 35) of 1992, and

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Federal Law No. 39) o 1992 concerning the Production, Importation andHandling o Fertilizers and Agricultural Additiv:s, andFederal Law No. 41) o 1992 concerning Agricultural Pesticides, and

Federal Law No. 7) o 1993 concerning the est2 blishment o the FederalEnvironmental Agency, and

Federal Law No. 19) o 1993 concerning the definition o territorial waterso the United Arab Emirates, andn accordance with the proposal submitted by th: Minister o Health and

Approval o the Cabinet o Ministers and the Federal Council, andratification o the Federal Supreme Council,

We hereby issued the following Law:

RTICLE I

DEFINITIONS

n implementation o the provisions o this lav the following words andphrases shall bear the meanings given oppos te each unless the contextotherwise requires:

State

Agency

Board o Directors

Chairman

Competent Authorities

Concerned Parties

Environment

TI1e United Arab Emirates.

The Federal Environmental Agency.

The Board o Directors o the Agency.

The Chairrm.n o the Board o Directorso the Agency.

Local Autho,ities in each Emirate o the

United Arab Emirates.All Parties c mcemed with theenvironmentll affairs and developmentin the Unitec Arab Emirates.

The biosphe:e in which different formso life are manifested and consists o twoelements:

Natural Element: comprises livingcreatures to nclude man, animal, plant,and other living creatures, naturalresources to include water, soil, organic

and inorgani o substances and naturalsystems.

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Marine Environment

Water Environment

Ecological Systems

Natural Resources

Natural Reserves

Environment Degradation

Unnatural El ment: comprises all thatman in t rodu d into the naturalenvironment, to include fixed andmovable installations, roads, bridges,airports, mean; o f transportation and

innovative ind Jstries, inventions andtechnologies.

The marine wLters and their contents o fnatural resoun es, plants, fishes, othermarine creatures, and the aboveatmosphere, a well as fixed andmovable installations and projectsestablished in he marine environment.The boundarie; o f the MarineEnvironment extend to the economiczone o f the Stele.

Marine environment and inland watersincluding ground, spring and valleyswaters and the r natural resources,plants, fishes and other living organismsas well as the tbove atmosphere, fixedand movable installations and projectsestablished on such waters.

The comprehensive system comprisingall component of the natural elementsof the environment which complementand interact with each other.

All resources t 1at exist without theinvolvement or man.

Land or water> with specialenvironmental nature (birds, animals,fish, plants or natural phenomena)having cultural, aesthetical, orenvironmental value and determined bya Decree issue I by the Cabinet ofMimsters in re ;ponse to a proposal bythe Agency or Resolution by theCompetent Auhorities.

The effects, which diminish the value,

deform the nal re of the environment,deplete the resnurces or harm living

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Environment Pollution

Materials aud PollutingFactors

Air Pollution

Water Pollution

Pollutants o WaterEnvironment

creatures or archaeological sites of theenvironment

Pollution res 1lting naturally orunnaturally from direct or indirect,intentional o unintentional introductionof any mater als or polluting factors intothe natural elements of the environmentand as a result of which arises anydanger to human health, botanical oranimal life o harm to the resources andecosystems.

Any form of materials such as solids,liquids g a s e ~ ;smoke vapours odornoise, radiatbn heat, light glow orvibrations pr)duced naturally o r as aresult of hurr an activities that lead

directly or injirectly to the pollution anddegradation of the environment or harmhuman being; or living creatures.

Ary change in the characteristics andproperties of the ambient air, and the airin work plac< S and the air in closed andsemi-closed public places, produced bynatural facto s or human activity whichmay affect human health and theenvironment.

The introduc.ion of any substance or

energy into the water environment byintentional 01 unintentional, direct orindirect mear.s which adversely affectliving or non-living resources, endangershuman healtt or impedes water activitiesincluding fishing and tourism or impairsthe quality for use or changes theproperties of water.

Ary substance which when discharged intthe water em ironment, directly orindirectly, in entionally o r unintentionally

changes its p operties in a manner whichh ~ m shumar beings and other living

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Hazardous Substances

Harmful Substances

Wastes

requires intervention potentials beyondlocal capabi: ities.

Solid, liquid or gaseous substanceshaving p r o p ~ r t i e sharmful to humanhealth or adverse impact on theenvironment such as toxic substances,explosive, fhmmable, or ionizingradioactive mbstances.

All substances such as chemical,biological 01 radioactive materials,leading, directly or indirectly, to harmfuleffects on human health or theenvironment.

All hazardous and non-hazardousremnants and wastes, including nuclearwastes, disp>sed of or need to be

disposed of, in accordance with theprovisions 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 otherpremises.

Gaseous smoke, vapour and dust)Wastes: produced by domesticpremises, bakeries, incinerators,

factories, cmshing plants, stone quarries,power statio 1S oil works and means oftransportatic n and communication.

Hazardous Wastes: residues or ash ofdifferent act vi ies and operationscontaining properties of hazardoussubstances.

Medical WHstes Wastes constitutedwholly or partially of human or animaltissues, blood or other body fluids o rexcretions o drugs or other

pharmaceuti o l products or bandages,needles, syringes, sharp medical objectsor any other contagious, chemical or

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Waste Management

Waste Handling

Waste isposal

Waste Recycling

Marine Means oTransportation

Means for OilTransportation

Establishments

radioactive wastes produced by medicalor nursing ct vi ties, treatment or healthcare, dentistry or veterinary andphannaceuticd practices ormanufacturin ., research, teaching,

sample taking or storage.Collection, stcrage, transportation,recycling and iisposal of wastesincluding the care of disposal sites.

All operations from the time ofgeneration of wastes to their safedisposal, including collection, storage,treatment and recycling or disposal.

Operations no. involving extraction orreuse of substances such as burial, deepinjection, biolngical or physical-chemical treatnent, permanent storage,destruction or any other methodapproved by the competent authorities.

Operations ca1ried out on wastes, for theextraction or r':use of substances such asuse for fuel, e>.traction of metals andorganic substa 1ces, soil treatment orwaste oil refin ng.

Means of tram portation operating ormeant to operate in the marineenvironment n:gardless of power, loadcapacity or pmpose of navigationincluding vessds, scooter boats, hoovercrafts and floa ing objects, fixed andfloating platfo1ms and hydroplanes.

Means used fo loading, transportation,pumping or unloading of oil includingpipelines.Industrial, tourism establishments andestablishments for production andgeneration of electricity andestablishments for explorations,

production,t r ~ s p o r t t i o n

and useof

oiland infrastruct re projects and any otherestablishments

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Oil

Oil Mixture

Dirty Ballast Water

Discharge

Dumping

Means o Transportation

Noise

Public Premises

Closed Public Premises

Semi-Closed Public

Premises

All forms of crude oil and oil productsincluding a1y kind of liquid-hydrocarbo s lubrication and fuel,r ine and furnace oils, tar and othersubstances xtracted from oil or its by-

products or wastes.

Any aqueous mixture containing anamount of cil that exceeds 5 ppm.

Dirty ballast water disposed off theship 's tank if its oil content exceeds 5ppm.

Any leakag:, spill, emission or drainingof polluting substances or the disposal ofsuch substa:1ces into the waterenvironment land or air.

a) Any deliberate disposal of pollutantsor refuse from ships, aircrafts, quays, orother meam into the marineenvironment.

b) Any deliberate dumping from ships orindustrial installations or other meansinto the marine environment.

Aeroplanes, cars, trains, tractors,motorcycles or other road machineries.

Sounds, vibations or sound frequencies

causing u ~ance or harm to publichealth.

Places set up to receive the public or acertain grouo of people for any purpose.

Public places as complete buildings notallowing air entry except throughspecially de ;igned inlets. Publictransportaticn means are classifiedamong such premises.

Public places such as incomplete

buildings allowing air entry but cannotbe closed completely.

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RTICLE 2OBJECTIVES ND GENER L FRINCIPLES

This law aims to achieve the following goals:

1 Protection and conservation o the quality and natural balance o theenvironment.

2. Control o all forms o pollution and avodance o any immediate orlong-term harmful effects resulting from economic agriculturalindustrial development or other programmes aiming at improvinglife standards and co-ordination among the Agency CompetentAuthorities and Parties concerned with the protection o theenvironment and conservation o the quality natural balance andconsolidation o environmental awareness and principles opollution control.

3 Development o natural resources and onservation o biological

diversity in the region o the state and the exploitation o suchresources with consideration o present an j future generations.

4. Protection o society human health and the health o other livingcreatures from activities and acts which are environmentallyharmful or impede authorized use o the environmental setting.

5 Protection o the State environment from the harmful effects oactivities undertaken outside the region o the State.

6 Compliance with international and regior.al conventions ratified orapproved by the State regarding environm ntal protection control opollution and conservation o natural resources.

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CHAPTER IDEVELOPMENT ND THE ENVIRONMENT

SECTIONENVIRONMENTAL IMPACT OF ESTABLISHMENTS

RTICLE 3

The Agency, in consultation with the Competent Authorities and ConcernedParties shall set the standards, specifications, rrinciples and regulations forthe assessment o environmental impact o projects and establishments

applying for license and shall specially undertal:e the following:I Identification o categories o project,., which due to their nature

may cause harm to the environment.

2 Identification o areas and sites o spec1al environmental importanceor sensitivity such as historical and archaeological sites, wet lands,coral reefs, natural reservations and put lie parks.

3 Identification o natural resources and major environmentalproblems o special importance.

RTICLE 4

Without contravention to the provisions o the tbove article, the Agency, incoordination with the Competent Authorities and Concerned Parties shallundertake the evaluation o environmental impact o the project andestablishment to be licensed.

No project or establishment shall start the a ;tivity before obtaining thelicense aforementioned in the previous article including environmentalimpact assessment.

RTICLE 5

The applicant for license shall attach with his application a completestatement on the project or activity intended to be undertaken including all

information required in accordance with the Executive Order and formsincluded therein.

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RTICLE 6

The Agency shall, in coordination with the Compe :ent Authorities, decide onthe applications submitted, within a period not e


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The balance between technological capabilitieo available and economic costshall be considered when determining such neasurements and standardswithout undermining the requirements for the rotection o environment andcontrol o pollution.

ARTICLE

n the case o emergencies and i deemed neces;ary to protect lives or ensurethe safety o the establishment or work area, non-compliance with themeasurements and standards issued under the application o the provisionso this law is permitted and the Agency and Competent Authorities are to benotified.

ARTICLE 2

t is prohibited to hunt, kill or capture bird;, wild and marine animalsidentified in the Executive Order and it is forbidden to possess, transport,sell or roam with these animals, alive or dead, without obtaining licensurefrom the Competent Authorities. t is also prohibited to damage birds nestsor destroy their eggs. The Executive Order shal determine the areas licensedfor hunting, and stipulate the conditions for licensing and the means osupervision for the execution o this article.

SECTIONENVIRONMENT L MONITORING

ARTICLE 3

The Agency shall in coordination with the Competent Authorities andConcerned Parties, develop a national system fi>r environmental monitoring.The Competent Authorities shall undertake the establishment, operation andsupervision o the environmental monitoring ne :works.

ARTICLE 4

The environmental monitoring networks shall notify the Agency, CompetentAuthorities and Concerned Parties o any viola:ion o the permissible limitso environmental pollutants, and should submit periodical reports o theresults in accordance with the provisions o the Executive Order.

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SECTION 4EMERGENCY PLANS FOR COMBATING

ENVIRONMENTAL DISASTERS

ARTICLE 5

The Agency shall in coordination with the Co npetent Authorities andcooperation and consultation with the Concernc:d Parties in the Stateestablish plans to combat environmental emergencies and disasters. Suchplans and their budgets shall be approved by a resolution issued by theCabinet o Ministers.

ARTICLE 6

All parties and individuals in the State shall endevcur to offer their help andpotentials needed to combat environmental disaster::.

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CHAPTER 2

PROTECTION OF WATER ENVIRONMENT

SECTIONTHE S OPE OF ENVIRONEMNTAL PROTECTION

ARTICLE 7

Protection of water environment from pollution aims to achieve thefollowing:

1 Protection of the coasts, beaches and eaports o f the State from allkinds and forms o f pollution.

2 Protection of the marine m ~ r o n m n tm its living and non-livingnatural resources by prevention, reduction and control o f pollutionregardless o f its source.

3. Protection of drinking water and ground water and development o fwater resources.

ARTICLE 8

Parties licensed to prospect, extract or exploit o 1shore or offshore oil and gas

fields are prohibited from discharging any pollcting substance resulting fromdrilling, exploring, testing of wells or productic n into the water environmentor land area in the vicinity of activities referred to in this article, unlesssafety measures to safeguard against causing harm to land and waterenvironments are adopted and the treatment of discharged waste andpolluting substances by the most recent technical systems available inaccordance with the conditions provided for in the approved regional andinternational conventions and protocols.

ARTICLE 9

The Agency shall in coordination with the Competent Authorities and

cooperation and coordinationo f

the parties licensed for the exploration,extraction or exploitation o f oil and gas fields, undertake the preparation o f

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guidelines of specifications on the conditions of environmental safety andmanagement of waste resulting from the production, transportation andexploitation of oil and gas.

ARTICLE 2

The Agency shall in coordination with the Cc mpetent Authorities andcooperation and coordination of the parties menti Jned in Articles 18) and19) of this Law, carry out periodical monitoring of the environmental

impact resulting from the exploration, extraction and exploitation of oil andgas taking place in the production fields and land md marine transportationroutes.

SECTION 2PROTECTION OF THE MARINE ENVIRONMENT

PART I)POLLUTION FROM MARINE HE NS OF

TRANSPORTATION

ARTICLE 2

All marine means of transportation are prohibi ed from discharging ordisposing of oil or oil mixture into the marine er.vironment, regardless oftheir nationality or registration status in the State.

ARTICLE 22The captain or officer in charge of the marine means of transportation shalltake sufficient measures of protection from the e Teets of pollution in theevent of the occurrence of an accident involving a means that carries oilwhich may result or likely to result in pollution of h e marine environment ofthe State and shall implement the orders of the inspectors of theadministrative parties or, in this case, the judicial o: ficers.

ARTICLE 23

n the event of a collision accident involving oil tankers, marine means,installations or carriers of hazardous substances, whether by deliberateaction from the officer in charge of the marine m ans or as a result of hisfault or negligence or the fault or negligence o t is assistants, the captain

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shall be responsible for the operations to stop the spillage and the owner andtransporter jointly responsible for the payment o all costs o damages,compensation and control incurred as a result o spillage into the marineenvironment, coastal areas and beaches.

ARTICLE 24I The owner, captain or any person in charge o the marine means o

transportation, the persons responsible forth< transportation o oil locatedwithin the seaports or the marine enviror ment o the State and theofficials o parties involved in oil extraction, shall immediately and inaccordance with the procedures stipulated in the Executive Order, informthe Ports Authorities, Coast Guards and oth Competent Authorities oany oil spillage accident and circumstances o the accident, the nature othe leaking substance and actions taken to stc p or control the leakage .

2 In all cases, the Ports Authority and Coast Guards shall immediatelyinform the Agency and the Concerned Parties and provide completeinformation about the accident.

ARTICLE 25

The owner or captain o any marine means tramporting oil and entering themarine environment o the State shall maintain in that means a record o alloperations pertaining to oil. The Executive Order shall determine the natureo information in such record.

ARTICLE 26

Marine means transporting oil and entering the marine environment o theState shall be equipped with the necessar:1 equipment to undertakecombating operations during the occurrence o pollution from the samemarine means in accordance with the terms o the Executive Order.

ARTICLE 27

Marine means transporting hazardous substances are prohibited fromdischarging or disposing harmful substances or .vastes, directly or indirectlyinto the marine environment.

Marine means transporting hazardous substa 1ces in containers, freight

containers, mobile tankers or tanker railway uehicles are also prohibitedfrom disposing such substances by dumping intl the marine environment othe State.

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ARTICLE 28

Marine means, carrying hazardous substances. shall be provided withlogbook in which the captain or officer in charge of the marine means shallenter all operations related to the cargo. The Executive Order shall determinethe principles regulating such a record.

ARTICLE 29

The captain of the marine means entering the 1eaports of the State shallnotify of hazardous substances on board the marine means according to thetype, quantity, location in the marine means, shipment origin and unloadingdestinations of such substances.

ARTICLE 3

The captain or officer in charge of the marine means shall take the necessarymeasures for protection against the effects of pollution in the case of

occurrence of an accident to any marine means carrying harmful orhazardous substances which may pollute the marine environment and shallin this case implement orders of the administrati1e parties inspectors or, inthis case, the judicial officers.

ARTICLE 31

Marine means carrying harmful subst:mces are prohibited from dumpinghazardous wastes and polluting materials into the marine environment.

The Concerned Parties in coordination with the Agency shall issue lists ofhazardous wastes and polluting materials referred to in the previousparagraph.

ARTICLE 32

Marine means and marine establishments identifi,,d in the Executive Orderare prohibited from draining sewage water into th marine environment andsuch water shall be disposed of according to the standards and regulationsspecified in the Executive Order.

Marine means are also prohibited from deporting wastes into the marineenvironment.

ARTICLE 33

Marine means transporting oil and entering the m:.rine environment shall be

in possession of a valid International Oil Pollution Prevention CertificateI.O.P.P) accompanied by a statement showing the last location of unloading

of sludge and their quantities and date of unloading.

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ARTICLE 4

Marine means and marine establishments u:1dertaking prospecting forexploring and exploiting natural and mineral resources in the marineenvironment and marine means using the seaports o the State shall notthrow garbage or wastes in the marine environrr ent and should deliver theirgarbage and wastes to the sites according to the conditions specified by theCompetent Authorities. The Competent Autt orities o the seaports incooperation with Coast Guards shall prepare a d implement the plans forhandling garbage or wastes and ensure that all marine means using theseaports o the State abide by the regulations stipulated in this Law and itsExecutive Order.

PART II)POLLUTION FROM LAND SOURCES

ARTICLE 5

All establishments including public premises and commercial, industrial,agricultural, tourism and service establishments are prohibited fromdiscarding untreated substances, wastes or liquids which may directly orindirectly cause pollution to the water environmmt.

ARTICLE 6

Licensing for the establishment o premises or shops on or near the coastlinedischarging pollutants in contradiction to the terms o this Law and itsExecutive Order, is subject to conducting studi,:s on environmental impactby the applicant and providing waste treatment units and undertake to starttheir operation immediately.

ARTICLE 7

The Executive Order shall determine the specifications and standards to beobserved by industrial establishments authoriz,:d to discharge degradablepolluting substances after treatment.

The Executive Order shall also specify persiste polluting substances that

industrial establishments are prohibited to discharge into the marineenvironment

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ARTICLE 38

The Agency and Competent Authority shall have the right to take specimensfrom treated liquid wastes in accordance with the procedures specified by theExecutive Order to ensure that test results corre ;pond with test approvedstandards.

SECTION 3PROTECTION OF DRINKING AND UNDERGROUND

WATER

ARTICLE 39

The Concerned Parties shall consult and coordinat with the Agency and theCompetent Authorities in all matters related to ment o the environment 19


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CHAPTER

SOIL PROTECTION

ARTICLE 4

The Competent Authorities shall take into comideration the environmentalstandards and factors specified by the Agenc:y in coordination with theCompetent Authorities and the Concerned Parties at the preparation andimplementation o the plans for land-utilization for construction,agricultural, industrial areas, reserve areas and < thers.

ARTICLE43

t is prohibited in accordance with the Execu :ive Order to undertake anyactivity contributing directly or indirectly, t damaging, disturbing thenatural properties or polluting the soil in any way that may affect itsproductivity.

ARTICLE 44

The Competent Authorities in coordination and cooperation with theAgency, and Concerned Parties shall encourage efforts to develop andenhance reserves o the desert environment and attend to biological diversityand increasing the green area by using modem methods and technologiesand make use o advanced technology that protects and develops agriculturalareas. t is prohibited to undertake any activity that damages the quantity orquality o flora in any area, thus causing desertiJication or deformation o thenatural environment and it is prohibited to cut, uproot or cause damage toany tree, shrub or grass without authorization from the Competent Authority,in coordination with the Agency.

ARTICLE 45

The Ministry o Agriculture and Fisheries in coordination with theCompetent Authorities, the Agency and other Gmcerned Parties in the State,shall establish regulatory orders for the following:

I. Types o pesticides, fertilizers and agricultural conditioners that maybe produced, manufactured, imported, handled or used in the State.

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2 Conditions and specifications for the production, manufacture,importation, handling or use o these subsl ances.

3 Procedures for registration and renewal o registration o thesesubstances.

4 Conditions and specifications for sampling and methods o analysisand assessment o the results o analysis o these substances.

5 Methods for monitoring, assessment and treatment o pollutionresulting from unsafe or incorrect handling or use o thesesubstances.

ARTICLE 6

The Agency shall in coordination with the Competent Authorities andConcerned Parties in the State, establish the controls and permissible limitso pesticides residues allowed on locally produced or imported foods.

ARTICLE 7

The Agency shall in coordination with the Ministry o Agriculture andFisheries, the Competent Authorities and other Ccncemed Parties, establishcontrols and conditions to be followed for the disposal o pesticide wastes orchemical compounds used in their manufacture or the compounds whichwere expired.

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CH PTER IV

PROTECTION OF IR FROIVl POLLUTION

RTICLE 48

Establishments, in practicing their activities, sh >ll ensure that air pollutantsmust not exceed the acceptable permissible limits specified in the ExecutiveOrder.

RTICLE 49

Machines, engines or vehicles producing exhaust gases that exceed the limitsspecified in the Executive Order shall not be used.

RTICLE 5

t is prohibited to throw, treat or bum garbage and solid wastes except inplaces designated for such purposes away frorn residential, industrial andagricultural areas and the water environment. The Executive Order shalldetermine the specifications, regulations and minimum distance o thedesignated places from such areas.

RTICLE 51

It is prohibited to spray or use pesticides or any other chemical compoundsfor agriculture, public health requirements or other purposes except aftersatisfying the conditions, controls and safeguarc.s specified in the ExecutiveOrder to avoid the direct or indirect, immediat< or late exposure o human,animal, plant, water courses or any other comp nents o the environment tothe harmful effects o such pesticides or chemicd compounds.

RTICLE 52

All parties and individuals shall, at the time o exploration, drilling,construction, demolition or transportation o wastes or dusts produced as aresult, during these activities, undertake th< necessary precautions inaddition to the precautions required for storage or safe transportation toprevent dispersion o such wastes and dusts a specified in the ExecutiveOrder.

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ARTICLE 5

The emission of smoke, vapors and fumes resulting from burning of fuels orother substances at the time of exploration, drilling, extraction andproduction of crude oil, industry, generation of power, construction or anyother commercial purpose shall be within the permissible limits, and theperson in charge of such activity shall take th necessary precautions toreduce the amount of pollutants in combustion enissions and keep a registryin which measurements of the amounts of pollutants resulting from suchcombustion are recorded.

The Executive Order shall specify the precautions and permissible limits forchimneys and other means of controlling smoke, .lases and vapors emitted asa result of combustion, permissible limits for measuring the amounts ofpollutants resulting from combustion and the parties authorized to audit therecorded measurements.

ARTICLE 54

All parties and individuals undertaking the pro


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RTICLE 7

Public and tourism establishments shall undert h the necessary measures toprohibit smoking in closed public places except within the limits allowed inthe license issued to such establishments. A special area shall be allocated tosmokers in a way not to affect the air in other places. Smoking shall also be

prohibited in public means of transportation and elevators.

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CHAPTERV

HANDLING OF HAZARDOUS SUBST NCES ANDHAZARDOUS WASTES AND MEDICAL WASTES

RTICLE 58

Handling or dealing with hazardous substances, hazardous wastes andmedical wastes is prohibited without licensf from the CompetentAuthorities. The Executive Order shall spec: y the conditions andregulations for license issuance.

RTILCE 59

Disposal of hazardous wastes and medical wastes shall be undertaken inaccordance with the conditions and criteria spe ifid by the Executive Order.t is prohibited to establish any facilities for thf treatment of hazardous

wastes without a license issued by the Competent Authorities.

RTICLE 6

Inspection of the transportation and disposal of hazardous wastes across landand marine environment water boundaries and air shall be undertaken inaccordance with the controls stipulated in the Executive Order.

RTICLE 61

Persons in charge of the production or handling ,)f hazardous substances,whether in gas, liquid or solid states, shall take alllhe necessary precautionsto ensure that no damage to the environment occt rs. The Executive Ordershall stipulate such precautions.

The owner of the establishment undertaking activities resulting in theproduction of hazardous wastes according to this l.aw, shall keep a registryfor such hazardous wastes, methods of disposal anc the parties contracted toreceive such wastes. The Executive Order shall indicate the information andthe party authorized to review the registry to emure that the informationconforms with applied practices.

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RTICLE 6

I. No public or private party or qu lifid or unqualified persons areallowed to import or bring, bury or di.:pose of hazardous wastes inany form in the environment of the State.

2Such parties or persons are not allowed to import or bring nuclearsubstances or wastes or bury, dump, store or dispose of such wastesin any form in the environment of the State.

3 No means of marine, air or land transpc rtation carrying hazardous ornuclear wastes in the marine, air or Jan environment are allowed topass without a written permit from the .\gency.

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CH PTER VI

N TUR L RESERVES

ARTICLE 6

Reserve areas in the State and the boundaries of each area shall bedetermined by a decree issued by the Cabinet of Ministers or the CompetentAuthorities. Certain areas may be considered re ;erve areas in accordancewith a proposal from the Agency.

ARTILCE 64

Works activities and acts prohibited in reserve areas which may lead todamage or deterioration of the natural environment cause harm to wild ormarine life or affect their aesthetic value shall e determined by a decreeissued by the Competent Authorities in coordination with the Agency. Thefollowing shall be particularly prohibited:

1 Hunting transporting killing or harming wild and marine creaturesor undertaking activities leading to their eradication.

2 Damaging or destroying geological or geographical formations orareas considered natural habitat to anim and plant species as aresult of increase or growth of such specie;.

3 Introducing foreign species into the reserv .4 Polluting the soil water or air ofth resene.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 :;uch reserves.

t is also prohibited to set up establishments buildings or construct roadsdrive vehicles or practice any agricultural industri1l or commercial activitiesin reserve areas without the permission of the Corrpetent Authorities.

ARTICLE 65

Wild and marine animals and birds using reserves for resting hatching orhabitation shall be protected in accordance with tr e provisions of this Law.

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ARTICLE

t is prohibited to practice any activities, acts o works in areas surroundingthe reserves i such practices affect the environment o the reserves or theirnatural phenomena, without permission from the Competent Authorities inconsultation with the Agency. The Executive Order shall specifY the basesfor determining the surrounding areas.

ARTICLE 7

The Agency shall, in coordination with t 1e Competent Authorities,undertake to supervise the activities required fot the maintenance o reservesin the State and shall particularly undertake the allowing:

I. Contributing to the preparation o propammes and studies neededfor the development o the reserves.

2 Establishment o the standards and controls for monitoringenvironmental phenomena and confini:lg and registering land andmarine creatures in the reserves

3 Coordination o activities for the management and development othe reserves.

4 Informing and educating the public about the objectives andpurposes o the establishment o natural reserves.

5 Exchange o information and experieuce in this field with othercountries, international organizations a1d Concerned Parties in theState.

ARTICLE 8

Research centers, scientific institutions, universities and other specializedparties shall, in coordination with the Agency ake interest in the issues obiological diversity, preservation o the indige1ous o species, conductingstudies and research and proposing the controls and procedures to befollowed for the preservation and investment in mch species without leadingto their depletion and protecting the moral, socia I and economic lawful rightso the State.

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CH PTER VII

LI BILITY ND COMPENS TION FORENVIRONMENT L D M GES

SECTION IJUDICI L CONTROL UTHORITIES

ARTILCE 69

The Minister of Justice, Islamic Affairs and Awq:tf, in agreement with theMinister of Health shall issue a resolution determining the employees of theAgency and the Competent Authorities, whost: incumbents shall havejudicial control powers for the inspection of establishments and other placesto verity their compliance with the application oflhe provisions of this Lawand resolutions issued for its enforcement.

And employees of the Agency and the Competent 1\uthorities so determinedshall be entitled to control any violation of the pnvisions of this Law, andrefer the violating party to the Competent Judicial Authorities in accordancewith the procedures applied in the State.

ARTICLE 7

f the captain or the person in charge of a violating marine means oftransportation wishes to leave the seaport urger,tly, the Judicial controlofficer shall collect n immediate fine on temporary basis for the account ofenforcement of fine or compensation penalty, c 1arged within the limitsstipulated in this Law, provided that the fine slall not be less than thespecified minimum penalty, in addition to all x p ~ n s sand compensationsdetermined by the Competent Authorities in agreement with the Agency forthe removal of the effects of the violation.

A bank letter of guarantee for the above amount may be accepted by theCompetent Authorities.

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SECTION IILIABILITY ND COMPEN ATION FOR

ENVIRONMENTAL D M GES

ARTICLE 7

Any person who, intentionally or by way o neg] igence causes damage to theenvironment or others as a result o violation o the provisions stated in thisLaw or the orders or resolutions issued for its enforcement, shall be heldresponsible for all the costs o treatment or re nova o such damages andany compensation incurred as a result.

ARTICLE 7

The compensation for the environmental d a m ~ g ereferred to under article

(71) o this Law, shall include the damages which affect the environment insuch a way that prevents or reduces temporary or permanent lawful use ordamages the economic and aesthetic value as well as the cost o theenvironmental rehabilitation.

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CH PTER VIII

PENALITIES

ARTICLE 73

Any person who violates the provisions of Articl s (21), (27), (31), (6211)and (62/3) of this Law, shall be punished by impri;onment and fine not lessthan One Hundred and Fifty Thousand Dirham5 (Dh. 150,000) and notexceeding One Million Dirhams (Dh. I 000,000).

And, punishment by death or life imprisonment and fine not less than OneMillion Dirhams (Dh. I 000,000) and not exceeding Ten Million Dirhams(Dh.IO,OOO,OOO)for any person who violates the provisions of Article (62/2)of this Law.

And, any person who violates clauses I) and (2) of Article (62) shall re-export the hazardous and nuclear wastes, subject of the criminal act, at hisown expense.

And, punishment by imprisonment for a period no: less than two years andnot exceeding five years, and fine not less than Two Hundred ThousandDirhams (Dh. 200,000) and not exceeding Five Hw1dred Thousand Dirhams(Dh. 500,000) or either of the two penalities, for an:r person who violates theprovisions of Articles (18) and (58) of this Law.

And, punishment by imprisonment and fine or eitho r of the two penalties, ifthe acts of crime referred to under Article (21) c )ncem fishing boats not

exceeding seventy feet in length.

ARTILCE 74

Any person who violates the provisions of Articles (24) and (26) of thisLaw, shall be punished by imprisonment for a peri>d not less than one yearand fine not less than a Hundred Thousand Dirhams (Dh. I 00,000) and notexceeding Five Hundred Thousand Dirhams (Dh. 5(10,000).

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 thanone year and not exceeding two years and fine not less than Ten Thousand

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Dirhams (Dh. 10,000) and not exceeding Two Hundred Thousand Dirhams(Dh. 200,000) or either o the two penalties.

ARTICLE 76

Any person who violates the provisions o Articles (22) and (30) o thisLaw, shall be punished by imprisonment for a period not less than sixmonths and not exceeding one year and a fine not less than Two ThousandDirhams (Dh. 2000) and not exceeding Ten Th,msand Dirhams (Dh. I 0,000)or either o the two penalties.

ARTICLE 77

Any person, who causes pollution o drinking water or ground water, shallbe punished by imprisonment for a period not J,,ss than one year and fine notless than Five Thousand Dirhams (Dh. 5000) and not exceeding HundredThousand Dirhams (Dh. I 00,000).

ARTICLE 78

Any person who violates the provisions o Artides (59), (60) and (61) o thisLaw, shall be punished by imprisonment for a period not Jess than one yearand a fine not less than Ten Thousand Dir ams (Dh. I 0,000) and notexceeding Twenty Thousand Dirhams (Dh. 2 0,000) or either o the twopenalties.

ARTILCE 79

Any person who violates the provisions o Article ( 49) o this Law, shall bepunished by fine not less than One Thousand D 1rhams (Dh. 1000).

ARTICLE 8

Any person who violates the provisions o Article (51) o this Law, shall bepunished by fine not Jess than Ten Thousand [1irhams (Dh. I 0,000) and notexceeding Fifty Thousand Dirhams (Dh. 50,001 .

ARTICLE 81

Any person who violates the provisions o Article (35) o this Law, shall bepunished by fine not less than Ten Thousand [1irhams (Dh. I 0,000) and notexceeding Hundred Thousand Dirhams (Dh. 10 ),000).

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ARTICLE 82

Any person who violates the provisions of Articles 48), 50), 53), 54) and55) 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

Any person who violates the provisions of Article 12) of this Law, shall bepunished by imprisonment and fine not less than Two Thousand DirhamsDh. 2000) and not exceeding Twenty Thousand Dirhams Dh. 20,000) or

either of the two penalties and the confiscation f the captured birds andanimals.

ARTILCE 84

Any person who violates the provisions of Article 43) of this Law, shall bepunished by fine not less than One Thousand Dithams Dh. 1000) and notexceeding Twenty Thousand Dirhams Dh. 20,0001.

ARTICLE 85

Any person who violates the provisions of Article 66) of this Law, shall bepunished by fine not less than Five Thousand Dit hams Dh. 5000) and notexceeding Twenty Thousand Dirhams Dh. 20,0001.

ARTICLE 86

Violation of any other provisions of this Law, shall be punishable by fine notless than Five Hundred Dirhams Dh. 500) and no exceeding Ten ThousandDirhams Dh. I 0,000).

ARTICLE 87

The application of the penalties stipulated in this Law shall not contraveneany more severe penalties stipulated in another Law.

ARTILCE 88

n the event of repetition of the crimes stipulated in this Law, the penaltiesdetermined for such crimes shall be doubled.

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RTICLE 89

The penalties stipulated in this Law shall no: be applied in the event opollution resulting from:

I . Securing the safety o the marine means o transportation or safety

ofl ives on board.2. Unloading as a result o damage to the marine means o

transportation or any o its equipment:; provided that such damagedid not occur with the knowledge o the captain or the person incharge and was not intentional or a result o negligence and providedthat in any case the captain or person in charge o the means shalltake all precautions for preventing or reducing the effects opollution, before and after the occurrence o the damage and informthe ports authorities immediately.

3. A sudden break in a pipeline c r r y i n ~oil or oil mixture, duringworking operations, drilling, exploratio or testing o wells, and not

resulting from negligence in the monitoring or maintenance o thelines, and provided that sufficient prec< utions to monitor operationso the lines and immediately control pollution and its source.

RTICLE 9

The court located in the area where the crime CCurred, shall decide on allcrimes stipulated in this Law, i the crime occurred in a marine means otransportation o any nationality or kind withir1 the marine environment othe State and the court shall quickly decide on the case.

Criminal courts o the capital shall decide on crimes committed by marine

meanso

transportation raising the flago

the State outside the marineenvironment o the State.

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CH PTER IX

FIN L PROVISIONS

ARTICLE 9

The level o nuclear activity or concentration o n.dioactive materials in air,water, food and soil, shall not exceed the permiso:ible limits determined bythe Concerned Parties in consultation and coordination with the Agency andas stated in the Executive Order.

ARTICLE 9

The Agency shall be entitled to request the a1:sistance o the SeaportsAuthorities, Armed Forces, Ministry o Interior, Ministry o Petroleum andMineral Resources or any other Party, in order to implement the provisionso this law, and such parties shall whenever reqt ested, provide support assoon as possible.

ARTILCE 93

The Agency shall provide other Parties with all 1vailable information andstatements on recent and important environmental regulations concerning theactivities o such Parties according to the priori tie; determined by the boardo

directors.

ARTICLE 94

The provisions o Articles 4), 6), 7), 38) and 5 ~ )o this law shall not beapplicable to the activities o parties applying integrated systems andprogrammes for the protection and development o the environment andsufficient to achieve the objectives ofth1s Law.

Such Parties shall be exempted from referring back to the Agency whenissuing licenses for establishments and activities ;ubject to its authority orsupervtswn.

The Board o Directors shall issue a decree determ ning the authority and theadequacy o the system or programme.

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ARTICLE 9

The Cabinet o Ministers shall, after the appro\ a] o the Board o Directorsreached in coordination with the Competent Authorities, issue a decreefixing the fees required for the activities, procedures and licenses grantedunder the provisions o this Law.

ARTICLE 96

The Agency shall, in coordination with the Corrpetent Authorities, establisha system o incentives awarded to organizations, agencies, establishmentsand individuals undertaking jobs or projec :s for the protection anddevelopment o the environment in the State, ar d the system shall be issuedby a decree from the Board o Directors.

ARTICLE 97

The owners o projects and establishments exis1 ing on the date o operationo this law and determined by the Executive Order, shall provide the Agencywithin a period not exceeding one year from th operation o the ExecutiveOrder, with a complete statement o their activities. The statement shallinclude their suggestions concerning precautiors and measures to be takenso that the operations o the project or establishment meet the requiredenvironmental standards.

The Agency shall determine within a period nc t exceeding six months, theprecautions and measures to be taken by t ~ owner o the project orestablishment.

ARTICLE 98

Projects and establishments existing on the date o operation o this Law,shall amend their status according to its provisi


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ARTICLE 1

Any other provisions that may contradict or contravene this Law shall besuperseded.

ARTICLE 1 1

This Law shall be published in the official gazette and shall come into forceafter three months of its publication.

S1gned)Zayed Bin ~ u l t a nI ahyan

President of the United rab Emirates

Passed by us n the presidential palace n Abu Dhabi, on 7 October1999.

Federal Law No. 24) of 1999 for the protection and development of the environment 37

Documents

Federal Law No (24)