Chapter One
Article One: Definitions
The following terms shall have, as regards the Implementation of the
Regulation, the following meanings unless defined otherwise:
1) The Competent Agency: The Presidency of Meteorology and
Environment (PME), previously named the Meteorology and
Environmental Protection Administration (MEPA).
2) The Competent Minister: Minister of Defense and Aviation and
Inspector General.
3) GER: The General Environmental law.
4) Public Agency: Any ministry, department or government agency.
5) Licensing Agency: Any agency in-charge of licensing projects with
potential negative impact on the environment.
6) Concerned Agency: The government agency in-charge of
environment–related projects.
7) Person: Any natural or moral entity, including individuals and
private establishments and companies.
8) The Environment: All that surrounds man such as water, air, land
and outer space and contained by these mediums such as objects,
flora, fauna, various forms of energy, ecological systems and
processes and human activities.
9) Environmental Protection: Preservation of the environment and
prevention of its contamination and deterioration.
10) Air: A mixture of constituent gases in their natural properties
and familiar percentages, as specified in the environmental
standards enclosed herein.
11) Environmental Pollution: The presence of one or more substances
or factors over a period of time in quantities or properties that
will directly or indirectly be harmful to public health, organisms,
natural resources or property or adversely affect the life and the
welfare of human beings.
12) Polluting the Environment: Any direct or indirect act or conduct
by any person, whether deliberate, non-deliberate, resulting from
negligence or ignorant misconduct, etc., that causes environmental
pollution.
13) Environment Deterioration: The negative impact on environment
that changes its general nature or characteristics or leads to
non-balance of its elements, or loss of its visual beauty.
14) Pollution Incidents: Incidents that result in pollution or
deterioration of the environment and are within the local or
national capabilities to combat and control.
15) Environmental Disaster: An incident which causes damage to the
environment and requires greater capabilities to deal with than
those needed for pollution accidents.
16) Source Standards: Maximum allowable limits or percentages of the
concentration of various pollutants to be discharged to the ambient
environment. This includes identification of the necessary
controlling techniques to comply with these limits.
17) Environmental Quality Parameters: Limits and percentages of
concentrations of pollutants that are not to be exceeded in the air,
water and land.
18) Environmental Standards: Both environmental quality measures and
source standards.
19) Environmental Criteria: The environmental specifications and
conditions to control pollution sources.
20) Projects: Any facilities, installations or activities with
potential impact on the environment.
21) Project Owner: The concerned entity, or public agency, or person
owning the project, supervising it or responsible for its management
or operation.
22) Existing Projects: Projects started prior to the issuance of
this Regulation.
23) New Projects: Projects that are awaiting commencement of
construction or those that are in the stages of design, licensing or
mobilization.
24) Modified Projects: Existing projects that have undergone one or
more modifications and may have a potential impact on the
environment. This includes: expansion of area and/or production
volume; changes in operating processes; and changes in raw material
types and quantities.
25) Major Change: Any expansion or change in design or operation of
any existing project that might negatively affect the environment.
For the purpose of this definition, any equivalent substitution in
quality and capacity shall not be deemed as a major change.
26) Environmental Impacts: A set of environmental reactions arising
from preparation, construction or operation of any project.
27) Environmental Assessment of the project: The study conducted to
identify the potential or consequential environmental impacts of
projects, the procedures and appropriate methods to prevent or
minimize the negative impacts and increase or achieve positive
outputs of the project on the environment, in line with the
applicable environmental standards.
28) Air Pollution: Addition of materials or elements to the
atmosphere or the air in a manner that could affect the quality of
life and human health and welfare and cause damage to essential
resources and ecological systems.
29) Surface Water: All water existing on the surface of the earth,
including: sea, streams, dams (impounded water), spa and spring
water.
30) Ground Water: Water existing underground.
31) Water Pollution: Direct or indirect addition of any substances
or energy into the water environment causing damage to living and
non-living resources, threatening human health, damaging the natural
characteristics of water or hampering water-related activities such
as fishing and recreation.
32) Land Pollution: Performance of any activity or the direct or
indirect introduction of any substances into various types of land
and soil in a manner that causes damage to any or all of its
physical, chemical or biological properties; threatening human
health or hampering agricultural or construction activities.
33) Oil: Includes all types and forms of crude oil and its
by-products, including: liquid hydrocarbons; lubricating oils; fuel
oil; refined oils; tars and oils; and all other waste produced in
the process of oil refining.
34) Vessel: Any floating unit of any type, be it navigatable,
secured or constructed on the surface of water.
35) Tanker: Vessel originally built or modified to carry shipments
of oil, petroleum solid, liquid or gaseous substances, or any other
harmful substances.
36) Discharge: Release of pollutants to ambient air, any receiving
water, soil or any central treatment facility.
37) Direct Discharge: Discharge to the various environmental mediums
(air, water and soil), excluding discharge to a central treatment
facility.
38) Oil Transport Means: All known means of oil transportation,
including vessel, tanker, truck, road tankers, or oil pipelines
under the sea or on the ground surface.
39) Coast: Area where sea and land meet at the medium tidal point.
40) Coastal Range: Coastal area affected by the sea and the marine
area affected by land.
41) Shoreline: The maximum limit reached by seawater on land during
the highest tide.
42) Protected Area: An area of land, coast, sea or inland water
which is environmentally-sensitive; with abundant vegetation and
animal life; or, of a recreational, aesthetic or economic value and
that requires protection.
43) Storage: All operations intended to keep or contain wastes and
other hazardous, toxic or radioactive substances for the purpose of
treatment, transportation or disposal.
44) Storage Pond: Any lined or unlined excavation, depression or
area naturally or artificially enclosed. Typically, constructed from
cement and reworked soil but which can utilize other processed
materials designed for containing liquid wastes.
45) Disposal: All operations of incineration, precipitation, or
intentional or unintentional, direct or indirect, discharge of any
wastes or hazardous, toxic or radioactive substances, either in
gaseous, liquid or solid forms, into the environment.
46) Container: Any vessel or receptacle used to hold or transport
substances or wastes, including hazardous substances and wastes.
47) Offsite Location: Any location outside of the project’s site
boundaries and belonging to the project.
48) Sludge: Any solid, semi-solid, liquid or precipitating wastes
remaining at the bottom of tanks or containers, such as those
resulting from the treatment processes of domestic, commercial or
industrial sewage or potable water or produced by air pollution
control devices.
49) Ground Treatment Facility: Any facility where wastes are placed
or mixed with soil and/or materials are added to change the chemical
or physical characteristics of the waste as a method of treatment.
50) Landfill: Any facility, other than a ground treatment facility
or a storage pond, where wastes are disposed of either by placing
them on the ground or burying them underground in an environmentally
safe manner.
51) Waste Pile: Accumulations of non-liquid waste that has not been
placed in containers, a landfill or a storage pond.
52) Treatment: Any means or techniques of altering the physical,
chemical or biological properties of wastes. The intention being to
neutralize the waste; utilize substances or energy contained therein
or released by them; transform the hazardous wastes into ones that
are non-hazardous, less hazardous or safer and suitable for
transportation, storage or disposal; or reduce the volume of waste.
53) Closed Internal Treatment: The process under which waste
treatment is directly related to the project’s production process
and which is used to prevent waste or any of its components from
leaking into the environment.
54) Maximum Allowable Limit: Specified numerical value of polluting
materials that shall not be exceeded.
55) Monthly Average: Arithmetic average of pollutants values derived
through the analysis of random samples calculated over thirty
successive days.
56) Liquid Wastes: Liquid and semi-liquid wastes resulting from
households, housing complexes, shops, public and private
establishments, restaurants, factories, workshops and plant
activities, including agricultural and industrial sewage wastes.
57) Hazardous Materials: Any materials classified as hazardous
according to the rules and guidelines set forth by the Competent
Agency in cooperation with concerned agencies and under regional and
international directives.
58) Wastes: Wastes as defined in Appendix 4.
59) Hazardous Wastes: Wastes resulting from various activities and
processes considered hazardous to the environment, health and public
safety. It also means the hazardous wastes defined in Appendix 4.
60) Characteristics of Hazardous Wastes: Chemical, physical or
biological characteristics of wastes, representing one or more of
the hazardous waste substances’ characteristics referred to in
Appendix 4.
61) Transportation Document: The form specified by the Competent
Agency for the follow-up of hazardous waste transportation from the
point of generation to the point of storage, treatment or ultimate
disposal.
62) Environmental Monitoring Networks: Networks set up by the
competent or concerned agency or persons, which include stations and
work units, to monitor environmental components and pollutants.
63) Compensation: Compensation for damages resulting from
environmental pollution of any source and whatever imposed by the
provisions of regional and international agreements that the Kingdom
has joined or will join, sign or endorse in future, or any
compensation for environmental pollution incidents provided for by
the Rules for Implementation of the General Environmental law.
64) Ballast Water: Water inside a ship or tanker that transports oil
and other petroleum by-products, which is used to maintain the
balance of the ship or tanker when sailing empty.
65) Ballast Water Reception Centers: Specific fixtures, equipment
and ponds to receive, precipitate, treat and discharge polluted
ballast water.
66) Carrying Capacity of Natural Resources: The utilization rate
below which resources can naturally, or by human intervention,
recharge themselves without causing permanent depletion or wastage
of such resources.
67) Projects of Special Nature: Implemented projects whose
activities relate directly or indirectly to security, health or
national economy.
68) Environmental Awareness: The awareness of members of the
community to the importance of environmental conservation,
rationalization of the usage of natural resources and preventing or
limiting degradation or pollution of such resources.
69) Raising Environmental Awareness: Promoting society’s knowledge
of the importance of the environment and its effect on human
behavior, economy and health.
70) Environmental Education: Organizing the process of promoting
awareness, behavior, skills, concepts and values that lead to
positive attitudes in dealing with the environment and natural
resources.
71) Awareness Programs or Campaigns: Systematic and planned efforts
and activities to promote environmental knowledge and raise
environmental awareness.
72) Methods and Materials for Promoting Environmental Awareness:
Achieving environmental awareness by all known means including the
use of printed, audio or visual methods. Materials include:
publications, books, films, programs and tours, etc.
Article Two: Goals
The General Environmental law and its Rules for Implementation are
intended to:
1. Preserve, protect and develop the environment and safeguard it
from pollution.
2. Protect public health from activities and acts that harm the
environment.
3. Conserve and develop natural resources and rationalize their use.
4. Include environmental planning as an integral part of overall
development planning in all industrial, agricultural, architectural
and other areas.
5. Raise awareness of environmental issues and strengthen individual
and collective feelings of the sole and collective responsibility
for preserving and improving the environment and encourage national
voluntary efforts in this area.
Chapter Two
Duties and Obligations
Article Three
Pursuant to Article Three of the General Environmental law, the
Competent Agency shall be entrusted with the duties of preserving
the environment and preventing its deterioration, which comprise the
following:
3-1 Review and evaluate the condition of the environment, develop
observational means and tools for the collection of information and
conduct environmental studies.
3-1-1 Coordinate with the concerned agencies to prepare periodic
reports as to the state of the Kingdom’s environmental condition and
develop the environmental information, infrastructure and databases
required to assess the State-Of-The-Environment.
3-1-2 Develop methods of observing and monitoring environmental
pollution and deterioration in all cities, regions and territorial
waters belonging to the Kingdom, including the establishment of a
sufficient number of observation and monitoring site locations,
stationary and mobile laboratories and other means of measurement
and observation.
3-1-3 Develop an implementation plan to deploy observation and
monitoring devices to follow up pollution incidents of all types.
3-1-4 Propose projects and mechanisms to implement environmental
studies in a manner that covers all the environmental mediums in the
Kingdom, in cooperation and coordination with the concerned
agencies, research centers, national universities and regional and
international centers, institutes and organizations as deemed
necessary.
3-2 Document and publish the environmental information.
3-2-1 Make use of its own available environmental databases and
information, and those available with public and concerned agencies
and other persons, in documenting and publishing the environmental
information.
3-2-2 Coordinate with the concerned agencies to establish an
environmental information network and set up procedures for its
development and management.
3-2-3 Establishment of procedures for circulation and exchange of
environmental information for those in need of the information i.e.
the concerned agencies, researchers, decision makers and other
sectors of the society.
3-2-4 Document and update environmental information. Public and
concerned agencies and other persons shall continuously provide the
Competent Agency with the environmental information available to
them.
3-2-5 Prepare and develop procedures and rules to qualify and
register agencies and persons engaged in the various environmental
fields.
3-2-6 Qualify and register agencies and persons engaged in the
various environmental fields.
3-3 Prepare, review, develop, interpret and issue environmental
protection standards.
3-3-1 Study the characteristics of various ecological systems and
environmental medias, identify pollution sources and establish and
prepare relevant environmental standards.
3-3-2 Coordinate with the concerned agencies to review, develop and
apply environmental standards, whenever needed as identified in
Appendix 1.
3-3-3 Prepare the methods and procedures for evaluating the impacts
of industrial and development projects on the environment and the
general guidelines for environmental impact assessment studies.
3-3-4 Coordinate with the concerned agencies to review, develop, and
enhance the environmental standards, criteria and directives related
to their activities.
3-4 Prepare environmental regulations relevant to its areas of
responsibility.
3-4-1 Develop draft environmental regulations.
3-4-2 Coordinate with the concerned agencies to establish plans and
Rules for Implementation of General Environmental law.
3-4-3 Review and develop plans and rules for implementing
environmental regulations consistent with environmental requirements
and changes.
3-5 Ensure that public agencies and individuals abide by the
environmental regulations, standards and criteria, as well as adopt
necessary procedures thereof in coordination and cooperation with
the concerned and licensing agencies.
3-5-1 Coordinate and cooperate with the concerned and licensing
agencies to determine the necessary implementation procedures, to
guarantee that public agencies and other persons adhere to
environmental regulations, standards and criteria.
3-5-2 Coordinate and cooperate with the concerned and licensing
agencies to implement those procedures.
3-5-3 Coordinate and cooperate with the concerned and licensing
agencies to review, follow-up and enhance implementation procedures
consistent with the environmental changes and to develop necessary
technical and human capabilities thereof.
3-5-4 Coordinate and cooperate with the concerned and licensing
agencies to provide and develop monitoring and inspection missions
to ensure commitment by public agencies and persons to environmental
regulations, standards and criteria.
3-5-5 The Competent Agency shall investigate – within the period
agreed upon - through the public agencies that their projects, or
projects under their supervision or projects being licensed by them
are committed to the environmental regulations, standards and
criteria, to the extent needed to ensure adherence to the General
Environmental law and its Rules for Implementation.
3-5-6 Authorize any agency to perform some of the environmental
functions assigned to the Competent Agency.
3-5-7 Urge agencies engaged in production or service-based
activities and industrial facilities to apply environmental
management systems.
3-6 Review the latest developments in the field of the environment
and its management at the regional and international levels.
3-6-1 Review environmental developments at regional and
international levels, and coordinate with the concerned agencies and
national focal points as regards regional and international
environmental commitments and follow up their implementation on the
national level.
3-6-2 Coordinate and cooperate with the concerned and public
agencies to develop a national environmental contingency plan to
counter environmental disasters.
3-6-3 Coordinate national positions with regards to international
and regional environmental protocols and conventions.
3-6-4 Follow-up environmental memorandums of understanding.
Cooperate and coordinate efforts with the concerned agencies towards
activation.
3-6-5 Follow-up the implementation of provisions and protocols of
international and regional environmental agreements, and coordinate
with the concerned agencies and national focal points to execute the
Kingdom’s obligations.
3-6-6 Coordinate efforts with international, national and regional
environmental organizations and government agencies in order to
benefit from such organizations’ efforts in the follow-up of the
implementation of obligations resulting from international
agreements.
3-6-7 Coordinate and cooperate with the concerned and public
agencies to benefit from scholarships, training and workshop
programs organized by international and regional organizations and
agencies in the field of the environment.
3-6-8 Coordinate and cooperate with the concerned agencies to
benefit from bilateral agreements with regards to environmental
cooperation.
3-7 Promote environmental awareness at all levels.
3-7-1 Coordinate and cooperate with the concerned agencies to
develop strategies for environmental education, awareness and media
and the implementation of such plans that are developed.
3-7-2 Mobilize moral and materialistic efforts and individuals and
persons to implement the environmental awareness strategy, programs
and plans.
3-7-3 Coordinate and cooperate with the concerned agencies,
individuals and persons to utilize regional, national and
international events in promoting environmental awareness.
3-7-4 Support the efforts of agencies concerned with training and
education to develop environmental education programs and curricula.
3-7-5 Coordinate efforts with international and regional
organizations and programs to sustain national environmental
awareness programs.
3-7-6 Encourage and stimulate efforts of all agencies and other
persons to promote environmental knowledge and awareness.
3-7-7 Issue materials and develop programs to raise environmental
awareness. Cooperate with the concerned agencies and persons to
utilize the support, facilities and programs they provide to promote
environmental knowledge and awareness.
Article Four
4-1 Each public agency must adopt appropriate actions to ensure that
the Rules set forth herein are applied on their projects or projects
under their supervision or those licensed by the public agency, and
ensure commitment to environmental regulations, criteria and
standards stated in the General Environmental law and its Rules for
Implementation.
4-1-1 Public agencies shall develop instructions and implementation
procedures and Rules for Implementation, in order to enforce the
implementation of General Environmental law and its Rules for
Implementation, upon their persons, or their projects, or projects
under its supervision or licensed by it.
4-1-2 Public agencies shall hold persons and their projects, or
those supervised by or licensed by such public agencies, responsible
for implementing all the Rules for Implementation of the General
Environmental law and its associated implementation procedures. Each
person shall be held responsible for environmental transgressions
and violations falling within his area of operations regardless of
them being a contractor or subcontractor.
4-1-3 Environmental standards and criteria issued or to be issued,
amended or supplemented by the Competent Agency shall be considered
Appendices to the Rules for Implementation and a complementary part
thereto.
4-1-4 Licensing and concerned public agencies shall ensure that
environmental works related to their projects are carried out by
contractors qualified for such works according to the methodology
and the criteria stipulated in General Environmental law Appendix 3.
4-1-5 Concerned, public and licensing agencies shall notify the
Competent Agency of all incidents and violations periodically in the
reports submitted to the Competent Agency. When an unexpected
negative environmental impact or pollution incident occurs, these
agencies shall notify the Competent Agency immediately.
4-2 All public agencies responsible for the issuance of standards,
specifications or rules relating to the practical implementation of
activities that may impact the environment must coordinate with the
Competent Agency before their issuance.
4-2-1 All agencies shall coordinate with the Competent Agency before
issuing, updating or amending any standards, criteria or rules
relating to the practice of activities affecting the environment.
4-2-2 Pursuant to Paragraph 2 of Article IV of the General
Environmental law regarding environmental standards, criteria,
specifications, guidelines and rules issued by public agencies prior
to the issuance of the General Environmental law, the public and
concerned agencies shall coordinate with the Competent Agency to
review previously issued environmental standards, criteria,
specifications, guidelines and rules for amendment or update, if
needed, pursuant to the guidelines and instructions issued by the
Competent Agency.
Article Five
Licensing agencies must verify that the Environmental Impact
Assessment (EIA) studies for projects that may cause negative
effects on the environment are conducted at the project feasibility
stage. The agency in charge of implementation of the project shall
be responsible for conducting the EIA studies in accordance with the
environmental fundamentals and standards specified by the Competent
Agency in the Rules for Implementation.
5-1 Public, concerned and licensing agencies and other persons
responsible for project implementation or operation shall conduct
EIA studies in accordance with the environmental fundamentals and
standards, criteria and procedures as explained in Appendix 2.
5-2 Public, concerned and licensing agencies shall ensure that
projects environmental assessment studies are conducted at the
project feasibility stage in accordance with the environmental
fundamentals, standards, criteria and procedures as explained in
Appendix 2.
5-3 The Licensing agency shall ensure that the EIA studies are
carried out during the project feasibility study phase in accordance
with the environmental fundamentals and standards as explained in
the Appendices to the Rules for Implementation.
5-4 Concerned, public and licensing agencies engaged in any of the
various environmental activities, working in the field of protecting
and developing natural resources, or licensing industrial and
development projects that have potential adverse environmental
impacts, shall coordinate with the Competent Agency to ensure
commitment to conducting EIA studies in accordance with the
environmental standards and fundamentals as explained in Appendix 2.
5-5 Public and concerned agencies and other persons in-charge of
implementing or operating projects shall periodically provide the
Competent Agency with a statement advising that they are in
compliance with the environmental standards and guidelines.
5-6 Whenever the Competent Agency determines that the concerned
agencies, persons or agencies executing projects have not fulfilled
the requirements of EIA studies submitted along with the feasibility
studies, or have not complied with the requirements, guidelines and
comments made on submitted EIA study, coordination shall be made
with the concerned and licensing agencies to take necessary actions
that will achieve commitment to, and compliance with, the
requirements of EIA studies.
Article Six
The party executing new projects, making major modifications to
existing projects, or owning projects whose specified terms of
investment have expired must utilize the best possible and most
suitable technologies for the local environment and use materials
which introduce the lowest possible level of pollution to the
environment.
6-1 Licensing of new projects, major modifications to existing
projects or projects owned as a result of the expiry terms of
investment shall require that public, concerned and licensing
agencies and other persons executing such projects, prior to
commencement of activities take into consideration the results of
the EIA study. All parties shall endeavor to use the best possible,
internationally tested technologies that are suitable to the local
environment, and to use materials that result in minimal pollution
to the environment. In addition, the agencies shall be committed to
using technologies that are suitable for the treatment of waste or
post-operative toxic emissions in accordance with the environmental
standards, criteria and guidelines specified in the Appendices of
the Rules for Implementation.
6-2 Public, concerned and licensing agencies shall, in coordination
with the Competent Agency, take necessary and sufficient actions to
implement the stipulations identified in Paragraph 6-1.
6-3 Public, concerned and licensing agencies and persons executing
major modifications to existing projects and those that own projects
whose specified investment periods has expired, shall undertake to
remediate the environment to the best possible extent and to restore
the environment to its previous condition, in accordance with the
environmental regulations, guidelines and standards set forth by the
Competent Agency in coordination with the concerned and licensing
agencies.
6-4 The Competent Agency and the concerned agencies shall, in
coordination with scientific research centers and agencies
specialized in technology, conduct periodic inventory, every five
(5) years, of the latest available technologies suitable for the
local environment.
Article Seven
7-1 Agencies in-charge of education must include environmental
concepts in curricula at various stages of education.
7-1-1 In coordination with the Competent Agency, agencies concerned
with education shall incorporate environmental concepts into the
curriculum for general and higher education and training programs.
7-1-2 Concerned agencies shall take necessary actions to develop
current environmental concepts into the curriculum for general and
higher education and training programs that are in-line with the
latest environmental advancements and developments.
7-1-3 Agencies concerned with education and training shall motivate
and develop extra-curricular activities and programs to promote
environmental awareness.
7-2 Agencies in-charge of mass media must sustain environmental
awareness in various mass media and support the concept of
environmental protection from the Islamic perspective.
7-2-1 The Competent Agency shall cooperate with the public,
concerned agencies and persons in planning specialized environmental
forums and conferences as well as workshops and training courses in
the field of the environment to enhance and publicize environmental
awareness and the concept of environmental protection from the
Islamic perspective.
7-2-2 Concerned agencies and the Competent Agency shall cooperate
and coordinate to develop a national plan to promote and develop
environmental education and awareness programs, utilizing national,
regional and international events, exhibitions, workshops, forums,
conferences and environmental contests to publicize environmental
awareness and strengthen concepts of environmental preservation and
protection from the Islamic perspective.
7-3 Agencies in-charge of Islamic Affairs, Da’wah and guidance must
enhance the role of mosques in encouraging the community to preserve
and protect the environment.
7-3-1 The Competent Agency shall support and follow up efforts of
the agencies responsible for Islamic Affairs, Da’wah and guidance in
emphasizing the role of mosques in urging the community to preserve
and protect the environment and publicize the concept of
environmental protection from the Islamic perspective.
7-4 Concerned agencies must establish appropriate training programs
to increase capabilities in the field of preserving and protecting
the environment.
7-4-1 The Competent Agency shall cooperate and coordinate with the
concerned agencies to support their efforts in establishing and
enhancing appropriate training programs to increase capabilities in
the field of preserving and protecting the environment
7-4-2 The Competent Agency and the concerned agencies shall
coordinate with scientific research centers, scientific institutes
and agencies engaged in environmental activities to establish and
enhance training programs in various environmental fields.
7-4-3 The Competent Agency and the concerned agencies shall
coordinate with regional and international organizations, agencies
and scientific research centers to utilize the training programs
provided by such organizations, agencies and centers to increase
national capabilities in the area of environment and its protection
and preservation.
7-4-4 The Competent Agency shall cooperate and coordinate with the
concerned agencies to utilize bilateral cooperation agreements in
the area of environmental protection agreed between the Kingdom and
other Arab and friendly countries, to establish mutual training
programs to increase capabilities in preserving and protecting the
environment.
Article Eight
Pursuant to Article VIII of the General Environmental law, and
without prejudice to the regulations and instructions, public
agencies and persons shall observe the following:
8-1 Rationalize the use of natural resources to preserve and prolong
the reserve life of non-renewable resources and to develop renewable
resources.
8.1.1 Public agencies and persons shall abide by all procedures that
protect and rationalize the use of natural resources.
8.1.2 Coordinate and cooperate with the Competent Agency to
establish a national plan for protecting, conserving and
rationalizing the use of ecological systems and natural resources.
8.1.3 Coordinate and cooperate with the Competent Agency to
establish contingency plans for protecting ecological systems and
natural resources.
8.1.4 Coordinate and cooperate with the Competent Agency to
establish an action plan to restore and rehabilitate deteriorated
ecological systems and natural resources.
8.1.5 Coordinate and cooperate with the Competent Agency to benefit
from programs and activities planned by regional and international
agencies and organizations that are intended to protect, preserve
and develop ecological systems and natural resources.
8.1.6 Encourage and support the use of the technologies and
practices aimed at minimizing and rationalization of the use of
natural resources, whilst maintaining or increasing production
efficiency.
8.1.7 Public, concerned and licensing agencies and the Competent
Agency are to undertake to cooperate and coordinate in areas of
their jurisdiction, to prevent the deterioration of natural
resources caused by unlawful human exploitation.
8.2 Achieve coherence between the bearing capacity of the resources
and utilization levels of the various resource categories.
8-2-1 Public agencies and the Competent Agency shall coordinate to
conduct an inventory of all ecological systems and natural resources
in the Kingdom. This will include establishing, enhancing and
preparing databases, maps and photographs for these systems and
resources such that they may be utilized in developing protection,
preservation, conservation and rationalization plans. Such
information shall be updated as required and as specified by the
Competent Agency.
8-2-2 Public, concerned and licensing agencies shall incorporate
into their development plans and projects, all procedures,
recommendations and conditions designed to achieve coherence between
the utilization rates of natural resources and their bearing
capacity.
8-3 Apply recycling technologies and reuse of resources.
8-3-1 Coordinate with the Competent Agency to develop and implement
a national plan for recycling wastes and reuse of resources.
8-3-2 Encourage those agencies that adopt recycling of wastes and
reuse of resources.
8-3-3 Coordinate to develop a national information dissemination
plan focusing on the importance of reuse, development and protection
of resources. Encourage the organization of scientific and
specialized workshops, forums and conferences related to the
promotion of recycling technologies and reuse of resources and
development of cultural inherited techniques.
8-4 Develop conventional technologies and traditional systems that
are coherent with the local and regional environmental conditions.
8-4-1 Encourage and motivate scientific research centers and
institutions to conduct scientific studies related to maintaining
and enhancing traditional systems and nurturing environment friendly
alternatives. Further, encourage and motivate said facility to adopt
the required policies to promote the use of such traditional
technologies systems.
8-5 Promote the technologies associated with traditional building
materials.
8-5-1 Encourage institutes, scientific study and research centers to
conduct scientific research to develop the technologies, materials
and traditional building design and to adopt the required policies
to encourage the use and development of such technologies.
8-5-2 Coordinate with the Competent Agency to conduct scientific
studies and researches relating to pollution sources associated with
traditional building materials and their effect on human beings, and
encourage the application and implementation of the outcomes of such
studies.
8-5-3 Coordinate and cooperate to develop provisions and controls
for the utilization of natural resources in traditional building
techniques, as well as protecting it and rationalizing its use.
Article Nine
9-1 In coordination and cooperation with the concerned agencies, the
Competent Agency shall develop an environmental disaster management
plan based on an inventory of local, regional and international
capabilities.
9-1-1 Public and concerned agencies and persons shall establish and
enhance environmental disaster management plans, and the Competent
Agency shall cooperate with such agencies in developing and
implementing these plans as required.
9-1-2 The Competent Agency shall cooperate and coordinate with
regional and international organizations, agencies and programs to
benefit from training programs associated with management of
environmental disasters.
9-1-3 In cooperation and coordination with public and concerned
agencies, the Competent Agency shall coordinate and mobilize
regional and international efforts to respond to environmental
disasters and mobilize capabilities to
9-1-4 overcome obstacles that impede the combating, tracking,
monitoring and control of the environmental disaster in accordance
with bilateral cooperation agreements and applicable regional and
international agreements and conventions.
9-2 Concerned agencies shall establish and enhance emergency plans,
as required, to protect the environment from pollution hazards
resulting from emergencies caused by their projects during the
performance of their activities.
9-2-1 The National Plan for Combating Marine Environment Pollution
with Oil and Other Harmful Substances in Emergencies, approved by
the Council of Ministers’ decision No 157, dated 20 Dhu al-Qa’dah
1411 [3 June 1991], Appendix 5, shall be considered as part of the
Rules for Implementation. The Competent Agency, in coordination and
cooperation with the public and concerned agencies specified in the
National Plan, shall develop implementation plans to activate the
National Plan.
9-2-2 Concerned agencies and persons shall verify emergency plans
required for environmental protection from pollution resulting from
their projects, and periodically review these plans and coordinate
efforts for their implementation.
9-2-3 Concerned agencies and persons shall provide trained and
qualified technical manpower as well as equipment needed to activate
emergency environmental pollution protection plans in projects under
their supervision, and develop and implement the required training
plans to activate and implement such plans.
9-2-4 Concerned agencies and persons shall immediately report to the
Competent Agency any pollution emergency incident. They shall also
promptly activate emergency plans required to protect the
environment in case of pollution and make sure that such
implementation is effective.
9-2-5 The concerned agencies and persons shall coordinate with the
Competent Agency responsible for the assessment of environmental
damage resulting from emergency pollution incidents.
9-3 Each person who supervises a project or a facility, which has
the potential for causing adverse impacts on the environment, shall
prepare emergency plans to prevent or alleviate the hazards of such
impacts and have sufficient means to implement these plans.
9-3-1 Persons responsible for projects shall provide trained and
qualified manpower as well as the required equipment and
technologies needed to develop and implement emergency plans for
preventing or alleviating potential adverse environmental impacts of
such projects.
9-3-2 Persons responsible for projects shall ensure that the
emergency plans prevent or alleviate the risks of potential adverse
environmental impacts of such projects to the minimum and comply
with the environmental standards, criteria and guidelines as
specified in Appendix 1 of the Rules for Implementation.
9-4 In coordination with the concerned agencies, the Competent
Agency shall conduct periodical reviews of the suitability of
emergency plans.
9-4-1 Concerned, public and licensing agencies and other persons
shall periodically review the emergency plans that protect the
environment from pollution or prevent or reduce the potential
adverse impacts on the environment in projects operated, supervised
or licensed by them. They shall develop such plans as required and
coordinate with the Competent Agency in this respect.
9-4-2 The Competent Agency shall cooperate with the concerned,
public and licensing agencies to review the emergency plans and
initiate suitable amendments.
9-4-3 Persons supervising projects shall coordinate with the
Competent Agency and the concerned agencies to conduct periodical
trial drills with regards to the implementation of the emergency
plans in order to determine the effectiveness and readiness of
equipment and agencies participating in the implementation of such
plans.
Article Ten
Environmental aspects must be taken into consideration in planning
for projects and programs, in the development plans for the various
sectors and in the General Development Plan. These environmental
aspects shall be taken into consideration in a manner that achieves
sustainable development objectives, especially in the following
agencies:
10-1 The concerned agency shall cooperate and coordinate with the
Competent Agency to ensure that environmental considerations are
incorporated into the health strategy and its required
implementation plans.
10-2 The concerned agency shall take into consideration the
environmental aspects in the planning process for the projects,
programs and developmental plans to manage and develop the natural
resources, rationalize the use of natural resources and implement
plans deemed necessary thereto.
10-3 The concerned agency shall cooperate and coordinate with the
Competent Agency to ensure that environmental considerations are
incorporated into the industrial strategy and its required
implementation plans.
10-4 The concerned agency shall cooperate and coordinate with the
Competent Agency to ensure that environmental considerations are
incorporated into the national urban development strategy and its
required implementation plans.
10-5 The concerned agency shall cooperate and coordinate with the
Competent Agency to ensure that environmental considerations are
incorporated into the agricultural strategy and its required
implementation plans.
10-6 The concerned agency shall cooperate and coordinate with the
Competent Agency to ensure that environmental considerations are
incorporated into the tourism strategy and its required
implementation plans.
10-7 The concerned agency shall cooperate and coordinate with the
Competent Agency to ensure that environmental information and
awareness are incorporated into the mass media strategy and to
sustain the feeling of responsibility for protecting, conserving,
developing and improving its natural resources among individuals and
the society.
10-8 The Competent Agency and the concerned agencies shall cooperate
and coordinate to prepare and implement the national coastal zones
plans for the management and development of the coastal regions and
the necessary implementation of regulations thereto.
Article Eleven
11.1 Each person responsible for designing or operating any project
or activity shall ensure that such design and operation is in
compliance with the applicable regulations and standards.
11-1-1 A project owner or proprietor undertakes to conduct
environmental studies to assess the environmental impacts of the
project, and shall comply with the outcome of the environmental
impact assessment study, in accordance with the environmental
standards, criteria and guidelines specified in the Appendices of
the Rules for Implementation of the General Environmental law, or
any subsequent amendments and supplements thereafter.
11-1-2 Persons responsible for operating any project that has a
potential of adverse environmental impact, shall install automated
instruments consistent with the project size to observe and monitor
the environmental parameters and provide the Competent Agency with
the output and results generated by such instruments when required,
after coordination with the concerned or licensing agencies.
11-1-3 An owner, proprietor or operator of a project shall comply
with the environmental specifications, criteria, standards and
guidelines specified in (Appendices 1, 2, 3, 4 and 5) and any
subsequent supplements or amendments thereafter.
11.2 Any person engaged in an activity with potential adverse
environmental impacts shall take the appropriate actions to limit
such impacts or minimize the probability of their occurrence.
11-2-1 Any person engaged in an activity with potential adverse
environmental impacts shall fully abide by and implement the
environmental standards and guidelines set forth in the Appendices
to the Rules for Implementation.
11.2.1 Any person who performs an act that causes environmental
pollution or adverse environmental impacts shall take all necessary
actions to immediately stop such pollution, remove the adverse
impacts, treat their effects and remediate the damaged environment
in the manner that is determined by the Competent Agency after
coordination with the concerned agency and in accordance with the
Rules for Implementation. Further, this is to be undertaken within
the specified period and to the degree that is required to
compensate for existing and consequential damage resulting from the
pollution. If such person fails to fulfill these obligations, he
will incur all costs resulting from the process of stopping the
pollution, monitoring, follow-up and remediation of all damages
caused by the pollution.
Article Twelve
12.1 Anyone performing digging, demolition, construction, or debris
and earth transportation works must take necessary precautions for
safe storage and transportation of any waste, as well as the proper
treatment and disposal of such waste.
12.1.1 All public agencies and persons engaged in any activity or
work causing or generating waste or dust shall comply with all the
conditions established by the concerned, licensing or public
agencies or the Competent Agency regarding the handling,
transportation, storage, treatment and disposal of such wastes and
dust.
12.1.2 In cooperation and coordination with the Competent Agency,
the concerned agencies shall determine the procedures relating to
final disposal of wastes generated by excavation, demolition and
construction activities and ensure that all the precautions
necessary for the protection of the environment and its natural
resources have been taken.
12.2 All smoke, gases or vapors and solid or liquid residue
resulting from the burning of any kind of fuel or similar, whether
for industrial, power generation or other activities, must be within
allowable limits as permitted in the environmental standards.
12.2.1 When burning any kind of fuel or other substances, the
concerned agencies shall require persons burning any kind of fuel or
others to use the appropriate means and technologies so that
gaseous, solid or liquid wastes generated by burning from stationary
or mobile sources shall be within the permitted environmental
standards and criteria set forth in Appendices (1) and (4).
12.2.2 When burning any kind of fuel or other substances for any
purpose, the concerned agencies and persons shall employ the most
appropriate means, technologies and suitable alternatives to
minimize adverse environmental impacts to the lowest level.
12.3 The owner of the facility must take all necessary precautions
and measures to ensure that there is no leaking or emission of air
pollutants to the work place beyond the allowable limits of the
environmental standards.
12.3.1 The agencies concerned with the environment of the workplace
shall coordinate and cooperate with the Competent Agency to prepare,
review, develop and implement work based environmental standards
whenever deemed necessary.
12.3.2 The concerned agencies shall require persons and agencies
responsible for workplaces to take all means and possible
precautions to comply with work environment standards, improve the
work environment and minimize the possibility of exposure to
pollution.
12.3.3 The concerned, public and licensing agencies and the
Competent Agency shall coordinate with persons in following up cases
of illness resulting from deterioration of the work environment and
its interactions.
12.3.4 Persons shall bear all costs of treatment for illnesses
resulting from the deterioration of the indoor work environment and
exposure to pollution within the project, when such situations are
confirmed in accordance with the relevant regulations.
12.4 Adequate ventilation requirements must be applied in enclosed
and semi-enclosed public places according to the size and space
capacity of the place and the kind of activity carried out in the
place.
12.4.1 The public, concerned and licensing agencies shall coordinate
and cooperate with the Competent Agency to prepare, review and
develop the technical requirements for ventilation in closed and
semi-closed facilities in a manner adequate to the area and capacity
of the facility and the type and size of activity exercised.
12.4.2 The public, concerned and licensing agencies shall follow-up
the implementation of the technical requirements for ventilation in
all enclosed and semi-enclosed areas within facilities.
In compliance with the following paragraph, which reads: “The Rules
for Implementation shall determine environmental precautions,
measures, methods and environmental standards” as mentioned in the
Rules for Implementation, Article XII of the General Environmental
law, the standards, criteria, guidelines and environmental
procedures, as well as the specified instructions, precautions and
measures that have been or will be issued and all supplements or
amendments thereto shall be considered as an integral complementary
part of the Rules for Implementation of the General Environmental
law.
Article Thirteen
All persons engaged in production, servicing or other activities
shall take the necessary actions pursuant to the environmental
standards and criteria issued by the Competent Agency, as mandated
in the General Environmental law:
13.1 Prevent direct or indirect contamination of surface, ground and
coastal waters that may be caused by solid or liquid residues.
13.1.1 Comply with the environmental standards and criteria set
forth in the Appendices to the Rules for Implementation and
coordinate with the appropriate public agency to ensure their
implementation.
13.1.2 To employ the best available technologies and means and take
the necessary precautions to avoid contamination of surface, ground
and coastal waters; and, control and minimize pollution in
accordance with the approved environmental criteria.
13.1.3 Remove all forms of contamination from surface, ground or
coastal waters resulting from the said activities and bear all the
costs of the prevention, control and curbing contamination and
remediation of the contaminated environment and compensate the
aggrieved parties.
13.1.4 Prevent the discharge into surface, ground or coastal waters
of any type of solid or liquid waste which due to its concentrations
of elements, or organic or inorganic compounds may be classified as
hazardous.
13.2 Preserve the soil and land and curb its deterioration or
contamination.
13.2.2 To take all precautions required to prevent and control
contamination and deterioration of soil and land, remediate
deteriorated and contaminated soil and use the best available means
and technologies for this purpose in accordance with the
environmental standards and criteria.
13.2.3 Coordinate and cooperate with the concerned agency to
establish the terms, arrangements and precautions required to
guarantee compliance with the environmental standards, criteria and
guidelines stipulated in the Appendices to the Rules for
Implementation.
13-3 Limit noise pollution, particularly when operating machinery or
other equipment or using horns or loudspeakers. Noise levels shall
not exceed allowable environmental standard limits set forth in the
Rules for Implementation.
13.3.1 Coordinate and cooperate with the Concerned Agency to develop
and implement the environmental standards, criteria and guidelines
for noise pollution and employ best available and possible means to
control and reduce the noise level.
13.3.2 Undertake to use technologies and equipment with low noise
levels in new projects, and upgrade technologies and equipment used
in existing activities in order to attain allowable noise levels.
Article Fourteen
14.1 Hazardous, poisonous or radioactive wastes are prohibited from
entering the Kingdom of Saudi Arabia or its territorial waters and
exclusive economic zone.
14.1.1 All agencies and persons commit themselves to all local
regulations, standards, guidelines and instructions concerning the
production, circulation, storage, treatment, recycling and
transportation of hazardous, toxic or radioactive wastes.
14.1.2 The Competent Agency, public and concerned agencies shall
abide by the provisions of regional and international agreements and
conventions ratified by the Kingdom, and their articles, protocols,
and Appendices on chemical, toxic, hazardous and radioactive wastes
and their cross-border transportation, circulation, storage and
disposal. Such agreements, conventions, appendices and protocols
shall be considered an integral and complimentary part of the
Appendices to the Rules for Implementation.
14.2 Persons in-charge of the production, transportation, storage,
recycling, treatment and final disposal of poisonous, hazardous or
radioactive materials must comply with the procedures and controls
set forth in the Rules for Implementation.
14.2.1 In cooperation and coordination with the concerned agencies,
the Competent Agency shall follow up the implementation of
standards, criteria, regulations and procedures that organize the
production, transportation, storage, recycling, treatment or
disposal of toxic or hazardous materials as indicated in Appendix 4.
14.2.2 Individuals in-charge of the production, transportation,
storage, recycling, treatment or final disposal of toxic, hazardous
and radioactive materials shall comply with the licenses issued to
them by the concerned agencies and the Competent Agency. In case
there is any change in the type of activity, volume or owner,
coordination shall be made with the concerned and licensing agencies
and the Competent Agency to obtain the approval required for such
change.
14.2.3 In cooperation and coordination with the concerned agencies,
the Competent Agency shall review and develop the standards,
criteria, regulations and procedures relating to hazardous
materials.
14.2.4 The concerned agencies and persons shall be fully
responsible, as part of their activities and projects, for incidents
of environmental pollution with toxic, hazardous or radioactive
wastes and materials during the stages of production,
transportation, storage or recycling and they have to report such
incidents to the public, concerned and licensing agencies
immediately. The party that caused such incident shall bear all the
costs of pollution control, abatement, treatment and remediation of
the polluted environment as well as compensation for damages caused
by such pollution incidents.
14.2.5 The concerned and public agencies and persons and the
Competent Agency shall cooperate and coordinate to develop and
implement training programs on the handling, production,
transportation, storage, recycling, treatment and disposal of waste,
toxic, hazardous and radioactive materials.
14.2.6 No persons or agencies are allowed to dispose of toxic,
hazardous or radioactive materials without license from the
Competent Agency in accordance with the procedures and conditions
indicated in Appendix (4).
14.3 Any harmful pollutants, poisonous, hazardous or radioactive
wastes are prohibited from being disposed of, or discharged from
vessels or alike in the Kingdom’s territorial waters or its
exclusive economic zone.
14.3.1 The Competent Agency and the concerned and public agencies
shall cooperate and coordinate efforts to develop and implement a
national plan to monitor and review the prevention of vessels from
dumping or discharging any harmful pollutants, or chemical, toxic,
hazardous or radioactive wastes in the Kingdom’s territorial waters
or within its exclusive economic zone.
14.3.2 The Competent Agency and the public and concerned agencies
shall cooperate and coordinate to support efforts to implement
international and regional agreements and conventions that have been
ratified by the Kingdom to control dumping or discharge of any
harmful pollutants or chemical, toxic, hazardous or radioactive
wastes in the Kingdom’s territorial waters or within its exclusive
economic zone.
14.3.3 In cooperation and coordination with the concerned agencies,
the Competent Agency shall apply the regulations, instructions,
agreements and conventions relating to compensation for
environmental damage caused by dumping or discharge of any harmful
pollutants or chemical, toxic waste, hazardous or radioactive
materials in the Kingdom’s territorial waters or within its
exclusive economic zone and charge agencies and persons responsible
for contamination with all costs and damages resulting from
monitoring, fighting and control operations as well as costs
associated with the remediation of the contaminated environment.
Article Fifteen
Projects existing at the time of the issuance of the General
Environmental law shall be given a maximum term of five years as
grace period before enforcement, so that these projects can organize
themselves accordingly. If the said term is not sufficient for
projects of a special nature then an extension may be granted by a
decision from the Council of Ministers based on the proposal of the
Competent Minister.
15.1 In cooperation and coordination with the Competent Agency, the
concerned and licensing agencies shall conduct an environmental
review of the current environmental status of existing projects and
prepare an implementation plan to mitigate or gradually avoid the
adverse environmental impacts of such projects within the grace
period specified by the General Environmental law.
15.2 Existing projects shall apply all implementation plans prepared
by the concerned and licensing agencies in cooperation and
coordination with the Competent Agency to rearrange their status in
accordance with the Rules for Implementation.
15.3 Existing projects shall prepare an interim plan to rectify
their status in a manner that guarantees compliance with
environmental standards, criteria and guidelines within the
specified grace period. Such a plan shall be provided to the
licensing agency and the Competent Agency in addition to a
periodical report indicating the extent of their compliance with
implementation procedures to rectify the status.
15.4 The public agencies shall coordinate with the Competent Agency
and take all necessary procedures and monitoring of existing
projects, according to the mechanism specified in Article 15 of the
General Environmental law, to conserve the environment and prevent
against deterioration of the environment.
15.5 The concerned and public agencies and persons responsible for
supervising existing projects of a special nature shall observe the
grace period specified in the General Environmental law to arrange
their status. However, if it becomes apparent to the Competent
Agency, in coordination with the concerned agencies, that the grace
period granted to projects of a special nature is insufficient for
arranging their status and meeting the environmental requirements,
the Competent Minister may solicit the Council of Ministers to
extend the grace period for an appropriate period.
Article Sixteen
Commitment to environmental protection regulations and standards
must be a conditional pre-requisite for receiving loans for projects
from lending agencies.
Pursuant to Article (16) of the General Environmental law, Lending
Funds shall abide by:
16.1 Obligate owners of new projects to submit, as part of the
feasibility studies, an environmental impact assessment study, which
shall demonstrate compliance with environmental regulations and
standards. This shall be considered to be an essential pre-condition
to achieve approval for the loan.
16.2 Obligate project owners to abide by environmental regulations,
standards, criteria and guidelines at all stages of preparation,
construction and operation of the project. This shall be considered
to be an essential pre-condition to enable payment of loan
installments.
16.3 Obligate owners of existing projects who request loans for
modifying or expanding their projects to submit an environmental
impact assessment study that demonstrates compliance with
environmental regulations, standards, criteria and guidelines. This
shall be considered to be an essential pre-condition when
considering the approval of loans or their payments.
CHAPTER 3
Violations and Penalties
Article Seventeen
17.1 When it is confirmed to the Competent Agency that any of the
environmental criteria and standards have been violated, it shall
coordinate with the agencies concerned and obligate the violator to
do the following:
(a) Eliminate any negative impacts and stop them. Rectify their
effects, within a specified time, as required by the environmental
criteria and standards.
(b) Submit a report showing the steps taken by the violator to
prevent future recurrence of the violations of the criteria and
standards. The proposed steps must meet the approval of the
Competent Agency.
After consultation with the provisions of the General Environmental
law the concerned and licensing agencies may consider the following
to be violations and contraventions:
17.1.1 Violation of any environmental standard, condition or
guideline set forth in Appendix (1).
17.1.2 Failure to promptly report pollution incidents or the adverse
impacts arising from project operations, or exceeding the pollution
levels set forth in environmental standards included in Appendix
(1).
17.1.3 Failure to comply with any of the steps or procedures
specified by the Competent Agency to stop or to remove the
violations and treat their effects and prevent their recurrence.
17.1.4 Failure to comply with the period specified by the Competent
Agency after coordination with the relevant agency to stop and
eliminate any adverse impacts and to treat the effects of such
violations.
17.1.5 Withholding environmental information from the Competent or
Public Agency in the event of a violation of any of the standards
and conditions, or providing incorrect or in-factual information or
measurements of environmental parameters.
17.1.6 Impeding or preventing employees designated by a decision of
the Competent Agency from performing their duties set forth in the
General Environmental law.
17.1.7 Misuse of measurement, detection, monitoring and control
devices, or interfering with their performance or operation.
17.1.8 Non-abidance by failure to develop and activate environmental
emergency plans to respond to pollution accidents; or failure to
provide the personnel, devices and equipment required for the
operation and implementation of the emergency plans; or failure to
conduct the periodic maintenance programs required for such devices
and equipment.
17.1.9 Any other case that may arise, or be decided upon by the
Competent Agency in coordination with concerned or licensing
agencies.
17.2 If the situation is not rectified according to what is
mentioned here-above, the Competent Agency shall in coordination
with the concerned agencies or the licensing agencies, take
necessary actions to force the violator to correct his situation in
accordance with the provisions of the General Environmental law.
17.2.1 In coordination with the concerned and licensing agencies,
the Competent Agency shall take the necessary actions to force the
violator to rectify the situation resulting from the violations
mentioned in Paragraph (a) of Article 17 of the General
Environmental law, as well as their environmental impacts and
complications and bear all costs incurred to remove such damage.
17.2.2 The Competent Minister may define and identify projects of a
special nature that shall be subject to the required grace period
given to arrange their conditions in accordance with the provisions
of the General Environmental law and its Rules for Implementation.
Article Eighteen
18.1 Subject to Article (230) of UN Marine Convention ratified by
the Royal Decree No. (M/17) dated 11 Ramadan 1416, and without
prejudice to any severe penalty imposed by Islamic laws or provided
for in other regulations, whoever violates the provisions of Article
fourteen of the General Environmental law shall be punished by
imprisonment for a term not to exceed five years, by a fine not to
exceed SR 500,000 or both. An appropriate compensation shall be
ordered and the violator shall be obligated to eliminate the
violation. The facility may be closed or the vessel detained for a
period not exceeding ninety days. In case of recurrence, the maximum
limit of imprisonment shall be raised but may not exceed double the
initial term, or the maximum limit of the fine shall be increased
but may not exceed double the initial fine or both. An appropriate
compensation shall be ordered and the violator shall be obligated to
eliminate the violation. The facility may be temporarily or
permanently closed or the vessel temporarily detained or
confiscated.
18.1.1 If any toxic, chemical, hazardous or radioactive wastes
brought into the Kingdom or its territorial waters or exclusive
economic zone should cause any environmental or health damages (or
similar), the violator shall be required to remove the violation and
bear all the costs arising from its adverse impacts.
18.1.2 If the concerned agencies conclude that toxic, hazardous or
radioactive wastes were brought, or were attempted to be brought
into the Kingdom, its territorial waters or exclusive economic zone
with the intent of undermining the Kingdom’s national security, or
that such act is of a criminal nature, the violator shall be
referred to the competent security agencies to impose the penalties
set forth in the regulations prevailing in the Kingdom.
18.1.3 All agencies undertake to implement procedures and controls
specified in the Rules for Implementation, which regulate the
production, transport, storage, recycling, treatment or final
disposal of toxic, hazardous or radioactive materials. The violator
shall bear all costs that have resulted or may result from his
failure to comply with these procedures and controls. If such an act
causes loss of lives or permanent deformities or disabilities, the
violator shall be referred to the concerned agency to impose upon
him the appropriate penalties and fines.
18.2 Without prejudice to any severe penalty imposed by other
regulations, the one who violates any of the provisions of other
articles of the Rules for Implementation shall be subject to a fine
not to exceed SR 10,000, and the violator shall be obligated to
remove the violation. In case of recurrence, the violator shall be
punished by increasing the maximum limit of the fine but not to
exceed double this limit, and shall be required to remove the
violation. The facility may be closed for a period not exceeding
ninety days.
18.2.1 Anyone who impedes or refuses to provide assistance or
prevents employees specified in Article Nineteen of the General
Environmental law from performing their assigned duties shall be
fined as provided for in the attached schedule. In coordination with
the concerned agencies and persons, the Competent Agency shall issue
and dispatch a warning to the person causing the above-mentioned
acts and take all necessary procedural actions to prevent its
recurrence.
18.2.2 Without prejudice to any greater penalty stipulated in any
other regulations, a violator of any environmental standard or
criterion shall be fined an amount not to exceed SR 10,000 for each
environmental standard or criterion of the standards and criteria
set forth in Appendix (1).
18.2.3 Anyone not abiding by the provisions of Paragraph 17.1.2
herein shall be subject to a fine not to exceed SR 10,000 and shall
bear all costs and damages resulting from his failure to promptly
report pollution incidents, the adverse impacts of project operation
or leaving out of environmental standards and conditions specified
in Appendix (1).
18.2.4 A violator of the provisions of Paragraph 17.1.3 herein shall
be subject to a fine not to exceed SR 10,000 and shall bear all
costs and damages resulting from his failure to comply with the
steps and procedures specified by the Competent Agency to remove the
damages or the violations of environmental standards and criteria
specified in Appendix (1).
18.2.5 Violators of the provisions of Paragraph 17.1.4 hereof shall
be penalized a fine of an amount not to exceed SR 10,000, and shall
bear all costs resulting from failure to remove the violations and
their resulting impacts and complications on the environment.
18.2.6 Any violator of the provisions of Article 17.1.5 herein shall
be subject to a fine not to exceed SR 10,000.
18.2.7 If the Competent Agency concludes that the violator of
environmental standards, criteria and instructions as indicated in
the paragraphs of Article Seventeen herein is unable to stop, limit
or prevent the violations, the Competent Agency may, in coordination
with the concerned agencies, take the necessary and appropriate
actions with the utmost urgency to shut down the facility for a
period to be specified by the Competent Agency in coordination with
the concerned agency, provided that such a period shall not exceed
90 days. The violator shall take all necessary actions to stop
further environmental damage being caused by, or as a result of, the
violation and bear all costs associated with the removal of such
damages.
18.2.8 Anyone who does not observe the provisions of paragraphs 2, 3
and 4 of Article Nine of the General Environmental law and paragraph
17.1.8 herein shall be subject to a fine not to exceed SR 10,000 and
shall be required to comply with and implement the provisions of
Article 9 within the period specified by the Competent Agency in
coordination with the concerned agency.
18.2.9 If the Committee formed by paragraph 2 of Article 20 of the
General Environmental law concludes that the environmental violation
involves several simultaneous violations, the Committee has the
right to impose the fines specified for each violation.
18.2.10 If the Competent Agency concludes that a violator of the
environmental standards and specifications has repeated such
violations continuously or with interruption, the Committee formed
by paragraph 2 of Article 20 of the General Environmental law has
the right to increase the upper limit of the fine, but not to exceed
double the limit, and force the violator to remove the violation in
addition to the closure of the facility for a period not to exceed
ninety (90) days.
Article Nineteen
The Competent Agency shall designate staff to report violations to
the General Environmental law and the rules issued for its
implementation. The Rules for Implementation shall therewith specify
procedures to be followed in reporting and documenting violations.
Violation Procedures:
Violation procedures include several actions, such as:
First: Inspection and Monitoring Operations
These operations shall be conducted by specialist trained teams,
which shall include teams for inspection and contamination
detection, and teams for land, marine and air monitoring. The
Competent Agency shall decide upon a team, identify the team members
and provide them with identification cards and the necessary devices
and equipment required to perform their duties.
Second: Automatic Detection Operations
The detection operations shall be conducted through the networks of
automatic detection and observation units available in the
facilities and establishments, which are operated by the projects.
Information related to these projects and facilities shall be
provided to the Competent Agency, or concerned or licensing
agencies, according to an agreed upon mechanism between these
agencies, for the purpose of review and to determine the violations
and level of compliance with environmental standards.
Third: Notifications
The Competent Agency shall receive contamination notifications or
any other notifications relating to violations of the provisions of
the General Environmental law from the concerned agencies and
persons. The inspection and monitoring teams shall verify such
notifications, conduct follow-up and monitoring operations, take
necessary actions and prepare the required initial evaluation
reports.
Fourth: International and Regional Reports
In cases of environmental pollution caused by sources outside Saudi
Arabian borders and territorial waters, the Competent Agency shall
receive contamination reports through regional and international
organizations, programs and agencies. The Competent Agency shall
implement the National Emergency Plans for Combating Pollution and
undertake to implement the necessary air, land and marine monitoring
and observation and follow-up and take necessary actions.
Fifth: Observation through Satellites and Remote Sensing Devices
The Competent Agency shall receive satellite images and remote
sensing outputs from the concerned agencies and specialized regional
and international organizations, agencies and programs and conduct
analysis, comparison and verification of environmental pollution
sources and cases of environmental contamination and deterioration.
Sixth: Violation Reporting Forms
The Competent Agency and public and licensing agencies shall, based
on sample analysis results, monitoring and detection forms and
instrumentation readings, and after implementing quality control
programs for analysis and results, take necessary action according
to the General Environmental law pertaining to the site(s) pollution
incidents, and source(s) of pollution therein.
Seventh: Reports of Environmental Violations and Transportation,
Entering and Smuggling of Hazardous Materials across Borders
These reports will be compiled by the concerned agencies and will
include the detection records of environmental violations, records
of the entry of toxic, hazardous or radioactive materials into the
Kingdom by means of land, sea or air, or similar materials with no
transit permit found to be traveling across the Kingdom’s lands
e.g., by acts of smuggling or entry of hazardous wastes across land
or sea borders or dumping or spilling of such materials in Saudi
territorial waters.
Eighth: Coordination and Cooperation
The Competent Agency shall coordinate and cooperate with the
concerned, public and licensing agencies in some or all of the
violation operations and procedures. The Competent Agency may also
authorize the public or concerned agencies or persons to implement
some of these procedures.
Ninth: Documentation
The Competent Agency shall develop the databases for documenting
environmental data and information, the violations and their sources
and causes, as well as prepare the files that include environmental
violations of Article Fourteen of the General Environmental law for
submission to the Grievance Bureau to impose the penalties
contemplated by paragraph (1) of Article (18) of the General
Environmental law.
Tenth: Follow-up
In cooperation with the concerned and licensing agencies, the
Competent Agency shall follow up incidents of environmental
violations and their progress, repetition of environmental
violations, effectiveness of the techniques and means used to combat
pollutions and operations to rehabilitate the damaged environments.
Article Twenty
20.1 The Grievance Bureau shall have the jurisdiction to apply
penalties set forth in paragraph (1) of Article (18) on violators of
the provisions of Article (14) of the General Environmental law.
20.1.1 The Competent Agency shall, in coordination with the
concerned agencies apprehend violators of the provisions of Article
Fourteen and submit details of such violations to the Grievance
Board to impose the penalties set forth in paragraph (1) of Article
(18) of the General Environmental law.
20.1.2 Penalty recipient under paragraph (1) of Article (18) for any
violation of Article Fourteen may file an appeal to the Grievance
Bureau within sixty days from the date of notification of the
penalty. If such a complaint is not made within the specified
period, his right of grievance shall lapse and the stipulated
penalty shall be effective as of its date of issuance.
20.1.3 If it becomes apparent to the Competent Agency that the
violation of Article Fourteen of the Rules for Implementation has
persistent and accumulative environmental, health and social
impacts, the matter shall be submitted to the Grievance Bureau who
shall in coordination with the concerned agency estimate the
resulting damages and the penalty or penalties to be imposed on the
violator proportional to the negative impact on environment, health
and society.
20.2 Subject to paragraph (1) of this Article, one or more
committees shall be formed by a decision of the Competent Minister
comprising three members each, with at least one member specialized
in the General Environmental law to review the violations and apply
penalties set forth herein. Decisions of the committee shall be
decided by majority vote of its members and approved by the
Competent Minister.
20.2.1 Pursuant to paragraph (2) of Article (18) of the General
Environmental law, and taking into consideration provisions of
paragraph (1) of Article Eighteen, the Competent Agency shall form
competent committees to review violations and determine the
penalties as set forth in the Schedule of Penalties attached to the
Rules for Implementation. Such committees shall be formed by the
decision of the Competent Minister and their decisions shall be made
by majority vote and approved by the Competent Minister.
20.2.2 Those penalized by a decision of the committee(s) may file an
appeal to the Grievance Bureau within sixty (60) days from the date
of their notification of the penalty decision; otherwise, their
right to grievance shall lapse.
Article Twenty One
The committee set forth in paragraph (2) of Article Twenty may
order, if necessary, an immediate elimination of the violation
without awaiting issuance of a decision from the Grievance Bureau in
respect to the petition or the case, as per the circumstances.
21.1. If the committee contemplated in paragraph 2 of Article Twenty
of the General Environmental law concludes that the environmental
violation committed has major environmental, health, social and
economic impacts, and that failure to promptly and immediately
remove the violation will aggravate such impacts, the committee may
order the violation removed immediately as per the environmental
provisions it deems appropriate, and at the violator’s expense and
without waiting for the Grievance Bureau’s decision as regards the
grievance or the case.
21.2 Costs paid or losses incurred by the violator to remove the
violation at the competent committee’s request shall not be
considered part of the fines or compensations imposed due to the
violation. The Competent Agency has the right to coordinate with the
concerned agencies to determine the appropriate compensations for
environmental, economic, health and social damages caused by the
violation.
21.3 If the Competent Agency or the competent committee concludes
that the violator does not possess the technical capabilities
required to remove the violation, the Competent Agency in
coordination with the concerned agencies may assign qualified
agencies or persons to remove the violation in accordance with the
provisions stipulated by the Competent Agency and within the
prescribed period; and the violator shall pay all costs arising from
the removal of the violation.
Chapter 4
General Provisions
Article Twenty Two
The Competent Agency shall establish the Rules for Implementation of
the General Environmental law in coordination with the concerned
agencies. The Rules for Implementation shall be issued by a decision
from the Competent Minister.
22.1. The Competent Agency is the responsible agency for the
interpretation of the articles and paragraphs of the Rules for
Implementation of General Environmental law and its Appendices.
22.2 In coordination with the concerned agencies, the Competent
Agency may develop, amend or modify any paragraph of the Rules for
Implementation and their Appendices whenever deemed necessary, which
shall be promulgated by a decision of the Competent Minister.
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