The conservation and protection of the environment was a matter which was close to the heart of the late President of the UAE, H.H. Sheikh Zayed Bin Sultan Al Nahyan. The following words capture his concern for environmental protection and sustainability:
"We cherish our environment because it is an integral part of our country, our history and our heritage. On land and in the sea, our forefathers lived and survived in this environment. They were able to do so only because they recognised the need to conserve it, to take from it only what they needed to live, and to preserve it for succeeding generations. With God's will, we shall continue to work to protect our environment and our wildlife, as did our forefathers before us. It is our duty and, if we fail, our children, rightly, will reproach us for squandering an essential part of their inheritance, and of our heritage".
The body of Environmental Law in the UAE comprises Federal Laws and Local Orders issued at municipal level within certain of the Emirates. The UAE also recognises certain international conventions and protocols. A list of the Laws is provided in the appendix to this article.
In this article we deal broadly with the provisions of Federal Law No. (24) of 1999 for the Protection and Development of the Environment ("Law No. 24") which forms the backbone of the Environmental Law within the UAE. We also deal more specifically with Environmental Impact Assessments, the procedure relating thereto and the institutions charged with the responsibility for implementing the Law.
Law No. 24
The objectives and general principles of this Law are the following:
Protection and conservation of the quality and natural balance of the environment.
Control of all forms of pollution and avoidance of any immediate or long-term harmful effects resulting from planning for economic, agricultural or industrial development or other programs aimed at improving life standards.
Co-ordination among the FEA, competent authorities and parties concerned with the protection of the environment and conservation and consolidation of environmental awareness and principles of pollution control.
Development of natural resources and conservation of biological diversity in the UAE and exploitation of such resources with consideration of present and future generations.
Protection of society, the health of human beings and other living creatures from any activities and acts which are environmentally harmful or impede authorised use of the environmental setting.
Protection of the UAE environment from the harmful effects of activities undertaken outside the region of the UAE.
Compliance with international and regional conventions ratified or approved by the UAE regarding environmental protection, control of pollution and conservation of natural resources.
Law No. 24 and the Executive Order published pursuant to Cabinet Resolution No. (37) of 2001 deals comprehensively with all aspects of environmental protection relating to projects; the marine environment and pollution thereof; liability and compensation for environmental damage; protection of drinking and underground water; air pollution; disposal of hazardous waste; disposal of medical waste, pesticides, agricultural fixers and fertilisers; nature reserves; the protection of wildlife, as well as the penalties imposed for contravention of any provisions of the aforesaid.
The Environmental Impact Assessment (EIA)
According to Law No. 24, any entity that wishes to undertake a project within the UAE which may have an impact upon the environment must apply to the Federal Environmental Agency (FEA) or the relevant competent local authority for a license. The FEA in co-ordination with the competent authority undertake the evaluation of the environmental impact of projects.
The procedure is as follows:
The applicant shall attach with his application a complete statement on the project or activity intended to be undertaken including all information required in accordance with the Executive Order and forms included therein.
The FEA in coordination with the competent authority shall decide on the application within a period not exceeding one month from the date of submission of the application. The applicant shall be notified of the decision and reasons for rejection of his application if rejected. The period stated above may be extended by one month if the need arises.
Owners of projects or establishments approved by license shall undertake the regular analysis of waste and monitor the properties of discharge and pollutants generated from such projects, including degradable materials and keep monitoring records as well as send reports with the results to the FEA and the competent authorities.
Federal Environmental Agency (FEA)The Federal Environmental Agency was established pursuant to Federal Law No. (7) of 1993 for the Establishment of the Federal Environmental Agency. The Law sets out the objectives of the FEA being inter alia:
To protect and develop the environment:
To determine the necessary plans and policies to safeguard it from damaging activities, particularly
Appendix
The Environmental Laws in the UAE and International Protocols
Federal Laws
Federal Law No. 7 of 1993 for the Establishment of the Federal Environmental Agency (as amended by Federal Law No. 30 of 2001).
Federal Law No. 24 of 1999 for the Protection and Development of the Environment and its Executive Order.
Federal Law No. 23 of 1999 concerning Exploitation, Conservation and Development of Living Aquatic Resources.
Federal Law No. 1 of 2002 for the Regulation and Control of the Use of Radiation Sources and Against Their Hazards
Federal Law No. 11 of 2002 for Regulating and Controlling the International Trade in Species of Wild Fauna & Flora.
Abu Dhabi Local Environmental LawsLaw No. 16 of 2005 pertaining to the Reorganisation of the Abu Dhabi Environment Agency.
Law No. 21 of 2005 for Waste Management in the Emirate of Abu Dhabi.
Law No. 28 of 2005 which is a Law Establishing the Abu Dhabi Authority for Culture & Heritage.
The above local laws, reference to the federal laws and the protocols can be found on http://www.ead.ae/en
Dubai Environmental Laws
Local Order No. 61 of 1991, a local order issued by the Municipal Council still governs environmental law at a local level. Federal Law will prevail in the event of conflict and contradiction.
Local Order No. 11 of 2003 regarding Public Health and Safety of Society has replaced the specific provisions in Local Order 61 of 1991 relating to public health.
Local Order No. 11 of 2003 supersedes Local Order No. 61 of 1991 in parts only (with the exception of specific provisions relating to public health and safety). We were informed by the Head of the Environment section in Dubai Municipality that a new Local Order will be issued soon. This local order will complement Local Order No. 11 of 2003 and replace Local Order 61 of 1991 in its entirety.
The above local orders can be found on the below link:
http://vgn.dm.gov.ae/DMEGOV/dm-legislation-localorder-a; and http://vgn.dm.gov.ae/DMEGOV/dm-legislation-order2004-a
There were also amendments issued in 2004 to the Local Order No. 11 of 2003. This Local Order and its amendments can be found on Dubai Municipality 's website in Arabic. Please see the above links.
The Municipality is currently finalizing the Executive Regulations for Local Order No. 11 of 2003 as well as a separate Local Order to be drafted for Occupational Health and Safety in Dubai . Local Order No. 7 for the year 2002 on Management of Waste Disposal Sites in the Emirate of Dubai.
Local Order No. 8 of 2002 regarding Sewerage, Irrigation and Water Drainage in the Emirate of Dubai.
The DM's technical guidelines and circulars can be found on the DM's website.
Sharjah Environmental LawsSharjah has issued Environmental guidelines pursuant to Law No. 24 of 1999 relating to specific industries, which are as follows;
Environmental Guidelines for the Paint and Varnishes Related Industries.
Environmental Guidelines for the Aluminium Industry.
Environmental Guidelines for the Plastic and Melamine Industry
Environmental Guidelines for Laundries.
Environmental Guidelines for the Jewellery Industry.
Environmental Guidelines for the Electroplating Industry.
Environmental Guidelines for Garages and Car Wash Facilities.
Regional Conventions
Kuwait Regional Convention for cooperation on the protection of the marine environment from pollution, 1978.
Protocol concerning Marine Pollution resulting from Exploration and Exploitation of the Continental Shelf, 1989.
Convention on Conservation of Wildlife and its Natural Habitats in the GCC countries.
Protocol on the Control of Marine Transboundary Movements and Disposal of Hazardous Wastes and Other Wastes, 1998.
International Conventions / ProtocolsConvention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (LDC), 1972.
International Convention for the Safety of Life at Sea (SOLAS), 1974.
International Convention for the Prevention of Pollution of the Sea by Oil, 1954 and its amendments.
International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties (INTERVENTION), 1969.
International Convention on Civil Liability for Oil Pollution Damage (CLC), 1969.
Vienna Convention for the Protection of the Ozone Layer of 1985 and Montreal Protocol on Substances that Deplete the Ozone Layer of 1987.
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) 1973.
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their disposal, 1989.
United Nations Framework Convention on Climate Change for the year 1992.
1992 Protocol Concerning Amendments on International Convention on Civil Liability for Oil Pollution Damage (CLC), 1969 and International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971.
Convention on Limitation of Liability for Maritime Claims (LLMC), 1976
United Nations Convention to Combat Desertification for the year 1994.
Convention on Biological Diversity for the year 1992.
Convention on Persistent Organic Pollutants (POPS), 2001.
Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (PIC Convention), 1998.
Montreal Amendments (London 1990, Copenhagen 1992, Montreal 1997, Beijing 1999). Kyoto Protocol, 1997.
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