However, the carbon trading market is still in its initial stages, and the viability of this scheme can only be properly assessed once the sector has been established for longer. UAE Ministry of Climate Change and Environment. (16) of 2005 concerning Reorganization of Environment Agency - Abu Dhabi, as amended by Decree No. The federal government is taking a cautious approach towards due diligence in the environmental sector. BBA; LLB (with emphasis on corporate law), Originally published with RESOURCE ID W-008-3980, Practical Law Guide, THOMSON REUTERS, Environment Global Guide - UAE Asbestos has been banned by the federal government (Federal Cabinet Resolution No. Liabilities of Bail Guarantor under the UAE Criminal Law, The Law Surrounding Eavesdropping, and Privacy, Extension of Time in Construction Contracts, Implications of Bounced/Dishonoured Cheques under UAE Law, Key Decisions on Dubai Property Laws between 2009 and 2013 by Dubai Court of Cassation, ADCCAC - The Abu Dhabi Commercial Conciliation & Arbitration Center, Vessel Arrest - Overview of Dubai and UAE Laws, Att(H)ack - Anti Cyber Crime Law in Saudi Arabia, Registration and Importation of Pharmaceuticals in UAE, Medicinal Product Regulation and Product Liability in the United Arab Emirates: An Overview (Part I of II). 12 of 2018 on integrated waste management. Abu Dhabi. Environmental Regulatory Framework Provide prescribed tools and equipment to staff to reduce the risk of exposure. Federal Law Number 9 of 1983 regulating the hunting of birds and animals. 9 of 2013 on plant genetic resources for food and agriculture. The disposal of construction waste has become a major factor in influencing the various environmental policies in the UAE. They also provide permits for (Law No. 66úÎù¥y% Consenting and environmental impact assessment. Centre of Waste Management is the Competent Authority to monitor and manage the transportation of hazardous waste in the Emirates Shipment of hazardous waste coming … The court decides the matter depending on the underlying contract between the lender and borrower. In practicing waste collection and transportation, abide by the codes of Companies are required to report in the annual corporate report about any environmental damage and associated costs for which it is responsible (Federal Law No. Firm’s Luxembourg and Moscow offices are regulated by the jurisdictional regulations. If the seller fails to do so, the buyer can claim for damages. This information is available at the Ministry's webpage at www.moccae.gov.ae/en/home.aspx . The federal government and the respective emirates' governments are working to achieve economic development by reducing carbon emissions and employing innovative technologies to improve industrial efficiency. Mandatory requirements relating to the use of asbestos in Abu Dhabi are set out in regulations issued by the emirate's Environment, Health and Safety Management System (Abu Dhabi EHS Regulatory Instrument). Covering all processes of waste management – from production, classification, collection, and transport to storage, recycling, treatment, and disposal – it will be implemented in all emirates, including the free zones. In the share sale process, the seller is at no risk of retaining the environmental liabilities after the sale as the buyer usually acquires all the liabilities attached to the sale unless there is any specific provision in the contract stating otherwise. EEG Waste Management Programmes EEG’s Waste Management Programme helps the communities in the UAE to avoid waste being disposed into landfills and hence, increase the quality of health. 38 of 1992 establishes nurseries and regulates the production, importation, and circulation of seedlings. (37) of 2001, Regulations for the Handling of Hazardous Materials, Hazardous wastes and Medical Wastes. Dubai. The following documents must be submitted for the EIA process: These reports and documents and any other technical report must be signed by the authorized person who prepared the report and by the project owner. Assisted numerous clients in various environment-related matters including pollution, real estate development, land acquisition, and environmental legislation. 24 of 1999 for the protection and development of the environment( Environmental Law). The UAE Federal Law No. Law Number 6 of 1998 for incorporating the environment and natural resources authority; Law Number 1 of 1974 for the protection of public health. Egypt’s Minister of Environment Yasmine Fouad has met with representatives of the UAE company, Bee’ah, to address cleaning and waste management services provided by … Residents of all emirates are encouraged to collect specific types of waste, which EEG then collects and sends to be authorized recycling centers. 335 of 2018 on regulating the importation of live animals, their products and their by-products [Arabic] 1196 KB English, Hindi, Malayalam, Tamil, French, Arabic, Portuguese, and Spanish, Professional qualifications. hÞ260S0P06°P0Q Fines ranging from AED2,000 to AED20,000 can be imposed on offenders, as well as criminal liability, depending on the nature and extent of the pollution. They also provide permits for (Law No. O(¶ìb¢Õi[KÔ5tÊ©Y?´ÐºÙåõpíIU½ +46« endstream endobj 524 0 obj <>stream Recent research suggests that there is evidence of a strong link between economic development and the generation of e-waste. 16 of 2005). These authorities enforce the wastewater and marine water quality monitoring regime set out in the guidance document issued by the EAD (Technical Guidance Document for the Permitting of Marine Dredging Operations in Abu Dhabi). However, a third-party individual can bring a civil suit against the polluter, owner or occupier in the court if it has been affected by the contamination. This list can be found in a document released by the EAD (Permitting of Development and Infrastructure in Abu Dhabi (EAD, EQ-PCE-SOP-02)) where the extent of potential environmental impacts is undetermined at the design phase. 1 of 2002). The owner, occupier or tenant of the land is also liable for any damage caused during the investigation and any indemnity that arises as a result of the process. The Environment Agency-Abu Dhabi (EAD) and the Centre for Waste Management Abu Dhabi (CVM) issue the licenses, approval, and permits for waste management in that emirate. 24 of 1999 for the protection and development of the environment. Companies and individuals dealing with asbestos must comply with the requirements of the following laws: Abu Dhabi. A bill on integrated waste management has been passed in the UAE by the country’s Federal National Council (FNC). 39 of 2006 on banning the import and production of asbestos. Law No. The cost of waste management is often high. The EAD is the key authority that regulates environment related matters in the Emirate of Abu Dhabi. Federal Law No. Arabian Leopard Trust was established in Sharjah to promote the conservation of endangered wildlife species, specifically the Arabian Leopard. This authority prescribes standards for the discharge of water pollutants into water resources, and issues harbor discharge permits that allow companies to discharge waste pollutants as long as they do not exceed the maximum standards set by the authority. There are no specific provisions in legislation governing the liability of a creditor for contamination of land, and in such cases, the court with the relevant jurisdiction will deal with the matter based on the particular circumstances of the case. They can also be asked to compensate individuals for any losses they incur from the polluting activities. The Environment Agency–Abu Dhabi (EAD), along with the Regulation and Supervision Bureau for Water, Waste Water and Electricity in Abu Dhabi, is responsible for regulating the discharge of waste effluents into water resources. Companies who dispose of, landfill or burn waste in undesignated areas such as open areas, roads, public parks or water channels will incur a AED1 million ($272,265) fine, according to a new bill passed by the UAE Federal National Council (FNC). Main activities. The seller must disclose known environment information in good faith. The Dubai Municipality oversees the urban development, environmental issues, commercial practices and issuance of licences in the Emirate of Dubai. 1. Waste Management Waste Handling Waste Disposal Waste Recycling Marine Means of Transportation Means for Oil Transportation Establishments radioactive wastes produced by medical or nursing act vities, treatment or health care, dentistry or veterinary and phannaceuticd practices or manufacturini., research, teaching, sample taking or storage. Main activities. The official portal for UAE government legislation. Pollution Legal Liability (PLL): this policy is designed per the Environmental Damage Regulation, 2009 and includes the liability for damaging biodiversity. NGOs can also institute civil litigation suits against environmental offenders. Federal Cabinet Decree No. The primary phase of the carbon trading scheme in the UAE was aimed at collecting about 6.5 million tons of carbon dioxide from industrial facilities that could later be transported and employed in oil reservoirs to enhance the process of oil recovery. By Ministry Climate Change and Environment. Parties violating any of the country's water pollution laws are liable to civil actions and are responsible for all costs associated with any damage to the environment caused by their actions (Article 71, Environment Law (Federal Law No. There is much potential for the increased use of carbon trading schemes, although the concept is relatively novel in the Middle East. (5) of 2009, and - Law No. But this could also make it even more difficult to foster a culture of sustainability among transient expatriates, says Mahmood Rasheed, the chief operating officer of waste management company Imdaad. Federal Ministerial Decision (4/1) of 1981 on the determination of hazardous works. Identify potential asbestos materials by a specialist consultant. LLM; ILEC; LLB; B Com, Languages. With the increasing industrial growth and development, one of the consequences we often seem to ignore is the generation of waste. In May 2018, the UAE’s Federal National Council passed a law that aimed to recycle 75% of the country’s total waste generation. Any dispute that arises between the parties over liability occurring before a transfer of ownership will be referred to a court of law in the relevant Emirate. Numerous federal and local laws have been enacted in…, ‘We have not inherited the planet from our fathers, we have borrowed it from our children’ Companies convicted of polluting water bodies with industrial or commercial waste are liable to a fine ranging from AED10,000 to AED100,000. STA (the Firm) represents a group of internationally qualified counsels. The UAE does not have any legislation or regulation explicitly dealing with issues concerning hydraulic fracturing (fracking). The seller must disclose environmental information, especially that which relates to soil and contaminated land. Waste management in Abu Dhabi The Government of Abu Dhabi established the Centre of Waste Management Tadweer in 2008. Some waste treatment and disposal methods emit significant amounts of greenhouse gases especially methane which is the major cause of the global warming phenomenon. Dubai. Federal Law Number 11 of 2002 regarding the regulation and control of international trade in endangered species of wild flora and fauna and an executive order issued by the Council of Ministers Decree No. 5. Various non-governmental organizations (NGOs) and pressure groups have been involved in a range of sector-specific initiatives including the following: Two other major pressure groups that are active in the protection and conservation of the environment are: Companies that intend to conduct business in a particular emirate are required to obtain the necessary environmental permits from the respective authorities that regulate environmental concerns in that emirate (see Question 1). An evaluation of the findings is made, and an action plan is generated for restoration. The types of assessment undertaken for a particular project depends on various factors including the likely extent of the environmental impact, the master plan of the project and other data. NGOs can also institute civil suits against environmental offenders. The Dubai municipality carries out a three-phase investigation as follows: All the other emirates have a similar investigation and restoration process in place, ensuring that a detailed analysis of the land is conducted before clean-up works are commenced. The EHS Regulatory Instrument (see above) sets out requirements for companies that deal in asbestos in the emirate, including that they must: Dubai. Federal Law Number 23 of 1999 regarding conservation of aquatic resources. Major free zones, such as the Dubai Multi Commodities Centre in Dubai, have entered the carbon sector and Dubai is becoming a center for trading greenhouse gas emissions permits. There are no direct or indirect environmental taxes. Seek annual approval from the competent authority for recurrent shipments of hazardous wastes. Federal Law No. The principal legislation governing soil pollution and the use of hazardous materials on the land is Federal Law No. ¬]Á"h43#ÞCfµ Æ>ì endstream endobj 526 0 obj <>stream Non-compliance with EAD regulations attracts a fine of at least AED5,000. The Environmental Control Section of the Dubai municipality deals with companies that transport and dispose of asbestos and its waste materials. All operators or entities must obtain an environmental permit before beginning any project (Environmental Law (Federal Law No. Abu Dhabi passed the Law 21 of 2005 concerning Waste Management in emirate of Abu Dhabi. The UAE launched the integrated waste management plan, among other recycling efforts, which aims to divert 75% of waste … 554 for 2009 concerning the prohibited and restricted use of pesticides). 18 of 1993. The new legislation regulates managing waste, disposal methods to … Abu Dhabi. The regulations of the municipalities of the various emirates and the Environment Agency-Abu Dhabi (EAD) strictly adheres to the "polluter pays" principle and does not set a limit on the extent of the polluter's liability to pay. Vision 2021 has the aim of attaining sustainable development to accompany diversification in the national economy and to increase investment in sectors such as clean energy, sustainable development, information technology and space technology. The Ministry also issues decrees from time to time for the protection of the country's water and other resources. The environment department at the Dubai municipality is the strategic regulator of environment-related issues in the urban environment of the city of Dubai. Major hazardous waste streams in UAE are Petrochemical waste, Medical Waste, and e-Waste. Although UAE is not under any legal obligation to do so, the nation has initiated various national and local strategies to improve energy efficiency while reducing the total emissions and burning of fossil fuels (see Question 8). Comply with the regulations laid down by the authority for storage, disposal and processing facilities. Ask the Law UAE's Hope Probe All Sections Abu Dhabi explores social innovation in waste management and environment protection. Dispose of the waste at the prescribed waste management site in Abu Dhabi. ÓYT" v,8MÁÙ/`¬àIxθSþn8ÜϦù9ÓM°Og½M£ü:«³¦¨J>LìÑñë¯|(Nåk }ÎøP Dubai Natural History Group conducts surveys and research into activities that are hazardous to the nation's environment. Ի翩®²¢. The Environment Agency-Abu Dhabi (EAD) and the Centre for waste Management Abu Dhabi (CVM) issue the licences, approval and permits for waste management in that emirate. The regulations and guidelines issued by the relevant authorities do not specifically apportion liability to a previous owner or occupier who caused contamination to the land. The primary legislation for environmental protection in the UAE is Federal Law Number 24 of 1999 for the protection and development of the environment (Environmental Law). Federal Ministerial Decision No. Dubai's Ports, Customs, and Free Zones Corporation (Trakhees, which are part of the Dubai Department of Planning and Development) primarily supervises air pollution by companies in Dubai and sets maximum standards of discharge of air pollutants for air quality purposes. The guidelines issued by the municipality (see above) require anyone handling asbestos to (among other requirements): Enclose asbestos waste in the prescribed manner. Federal Law Number 5 of 1979 concerning agricultural quarantine. F&úÞ)ÅÑÆæ@UA`uÚB@iC«RYªZlg7Åb¡ X!Ä(#N#c1ÏÈbL@bQ*P£1ØqAØM 9ÍâSq!As Ô=¢ endstream endobj 525 0 obj <>stream Emirates Natural History Group, an Abu Dhabi-based organization, is engaged in safeguarding the natural history of the UAE and Oman. hÞìZmO¹þ+öË®®Z¿¿I+¤nuîv%Äi Ñ4vË¿¿ÏñLÈ@¡ÕêMìØ>Ççåñ±}"LGÁdD!(N£Ä#JÃCW´ÌZÒ1ë¨Ý3§¨Ìy¢Ì{Ï,(R²à%JÅ¢§ße@i*â.ÒT*RK¤eFBFm©"¤/Ù¤@Fj& .pvZÀÙ¡ßHpv*àì8KpöBc ¿Q¤½BL ü2hE¡*)ÌeJVÊ1E*å2»²Æ¡rµ`Ê[Lªa>áÁYÃ^ÆPëNúÓKã¨,¼E³ÓðcYC¦ÓYOÁXNÃ2921uÖÀÌx#1_HScK There are currently no government funds available for clean-up works where the polluter is not financially solvent. Provide accurate labeling of all materials containing asbestos. Hazardous waste including asbestos, medical waste, waste from slaughterhouses and oil and gas waste must be disposed of per the specific legislation dealing with those materials (for example, Federal Cabinet Resolution No. Abu Dhabi. Penalties for non-compliance with an EIA vary from AED1,000 to AED1 million, and a prison sentence of up to one year for criminal liability. The scope of the initiative was expanded to cover the whole nation in 2014 due to the effectiveness of the project in Abu Dhabi.. UAE ratified the United Nations Framework Convention on Climate Change (Kyoto Protocol) in 2005 and became a non-Annex 1 country, meaning it is not obliged to reduce its carbon emissions following the Protocol. The result of the EIA will give an indication of which particular aspect(s) of the proposed project creates an impact on the environment. Technical Guideline–Identification and Remediation of Contaminated Land. Any party who violates the provisions of the Environmental Law relating to contamination of land can incur a fine of between AED10,000 and AED100,000. Environment and Wildlife Management System (EWM) that is accountable for handling wildlife collections and land owned by Abu Dhabi royal family. Environmental liability and asset/share transfers. Others. The UAE does not have specific legislation for voluntary clean-up programs, although individual municipalities embark on clean-up campaigns from time to time to create general awareness in the society as well as restoring contaminated land. 24 of 1999 on the Protection and Development of the Environment prohibits the following: The due diligence carried out by the seller/buyers is dependent on the type of the activity and the amount of environmental risk involved. The only probable reason that could bring together and unite the leaders of the…, It is the striking imagery of global warming that opens our eyes to the idea of climate change. The Firm operates in other jurisdictions through its affiliates and associated offices. The party who is responsible for the cause of the contamination is liable for all the costs of investigation and remediation process. The United Arab Emirates is working towards achieving an integrated waste management by proposing and developing waste policies and legislations. Due to rapid urbanization growth rates along with a substantial increase in the standard of living, more people develop a consumerist culture. Contractors Pollution Liability (CPL): this policy protects the contractors, developers and site owners against the pollution releases and sudden accidents caused at the sites. 21 of 2005 on waste management): Dubai. 12 of 2018 On the Integrated Waste Management : 224 KB: 335: 2018: Animal Health: Ministerial decree No. Companies transporting and disposing of asbestos must obtain an official approval from the Centre of Waste Management–Abu Dhabi (Tadweer). 24 of 1999 for the protection and development of the environment)). Assessment of alternative clean-up methods, costs, and logistics is carried out, and the remediation of the contaminated land is instigated, if appropriate. © Copyright 2021 STA Law Firm All Rights Reserved, Law on Artificial Intelligence and Robotics (8), Law on Consumer Protection in Dubai and UAE (1), Laws surrounding Aerospace and Aviation (13), Trademarks - Registering Colour Marks (7), Travel ban vs. Deportation order - UAE Criminal Laws, Tenancy Law of Abu Dhabi and its Amendments, New UAE Commercial Companies Law: Detailed Insight and Review, Bail Fail? Seek preliminary approval from the competent authority. Federal Law No. 39 of 2006 on banning the import and production of asbestos (see Question 13)). The use of asbestos is regulated by the Public Health and Safety Department of the Dubai Municipality, which issues guidelines (Guidelines for Safety in Handling Asbestos). The Environmental Law (see Question 1, Legislation) does not explicitly prohibit businesses from conducting activities but no operator or entity is allowed to commence activities unless it has conducted a detailed study of their effects on the environment (Article 4, Environmental Law (Federal Law No. ... as mentioned in the Federal Law No. Federal Law No. The ambit of coverage of an environmental indemnity clause depends on the provisions in the underlying contract. EAD provides grants for development and infrastructure projects, industrial facilities, and hazardous material stores. ¢Õâz ¡ ü ó49Å Emirates Environment Group is a Dubai-based organization committed to protecting the environment through education. Seek approval of the competent authority before storing any hazardous materials on site. T +971 4 368 9727 ¦f Eâ:BÇ9l°6óп®÷£9 eÖ¢ñNª¨SyÈîPä The municipalities of the other Emirates regulate the inspection and assessment of contaminated land in their respective jurisdictions. æ¹R`.xG´L-ù(¨Å¢RcÁ9à ÈPP;È@] ó\h Àȱ( The owner of the land is responsible for engaging environmental experts to conduct a site assessment even before the formal investigation process begins. Legal actions and environmental protection steps can then be initiated by Federal Law No. Per capita income in UAE is much higher than other countries. Search 204 Waste Management jobs available on Indeed.com, the world's largest job site. UAE Federal Law 24 of 1999 – Protection and Development of the Environment – this is the overall umbrella law for environmental protection; Ministerial Decree No. Main activities. There are two main types of insurance available for environmental liability: Environment insurance is easy to obtain, and there are numerous insurance companies covering such risks. The Environmental Planning and Studies section of the Environmental Department of Dubai Municipality regulates and assesses contaminated land. Regulation and Supervision Bureau for Water, Waste Water and Electricity (Abu Dhabi). Also, the Blue Carbon Demonstration Project was initiated in 2013 to provide a strategic understanding of carbon sequestration (removal and storage of carbon gases) in Abu Dhabi. The EAD conducts a systematic study of the land and the cause of the contamination before evaluating the findings to identify an appropriate restoration plan. Code of Practice–Contaminated Land Management. The UAE aims to reduce the adverse per capita environmental impact of cities, including by paying special attention to air quality and municipal and other waste management. This is a federal ministry that governs and regulates the issues surrounding the growing concern of climate change and its adverse effects on environmental conditions in UAE. Waste management companies employ different methods and equipment to efficiently manage waste. Initially, three types of assessment are conducted as follows: Environmental consultants are employed in the assessment process, in which the sellers in an asset or share sale hire the consultant for assessment reports and deliver the copy to the buyer. The United Arab Emirates is working towards achieving an integrated waste management by proposing and developing waste policies and legislations. Other laws relevant to environmental issues are: The following laws have been enacted by their respective emirates concerning their local environmental strategies: The principal federal regulatory authorities for supervising environmental issues are: Emirates have also established local regulatory agencies to supervise sector-specific environmental issues, as follows: The Environmental Law (Federal Law Number 24 of 1999 for the protection and development of the environment) sets outs criminal and civil penalties for environmental offenses, which are enforced by the relevant authority, depending on the type of offense committed. 21 of 2005 on waste management): Provide prescribed safety tools and equipment to staff removing or dealing with the material. In Dubai, as in the other Emirates, the municipality's Sustainable Waste Management Department issues permits and licenses to waste operators, and undertakes all responsibilities relating to waste management in the emirate. The Firm’s trademark and intellectual property is assigned in favor of the affiliates for all purposes in accordance with the assignment agreement. The United Arab Emirates is tackling one of the problems of our modern technologically advanced society head on – the disposal of electronic waste. Department of Tourism and Commerce Marketing in Dubai has the dual responsibilities of ensuring that safe environmental practices are followed while encouraging tourism practices. The relevant authority institutes the investigation and other legal formalities against the polluter, owner or occupier. The Environment Agency–Abu Dhabi (EAD) is the central authority for regulating air pollution in Abu Dhabi. STA Law Firm Limited is a company incorporated pursuant to Abu Dhabi Global Market Companies Regulations. Companies must report all issues of environmental pollution to the relevant authority. Environmental warranties and indemnities are limited to the extent of contamination that occurred on the asset sold. The Environment Agency-Abu Dhabi (EAD) and the Centre for Waste Management Abu Dhabi (CVM) issue the licenses, approval, and permits for waste management in that emirate. (21) of 2005 concerning Waste Management in Abu Dhabi Emirate, and - Law No. 39 of 2006 on banning the import and production of asbestos). Advising international clients on environment compliance in the Middle East. 24 of 1999 for the protection and development of the environment)). According to UN statistics – an average citizen in UAE generates approximately 17.2 kg of e-waste annually. The primary legislation for environmental protection in the United Arab Emirates (UAE) is Federal Law No. Further, the short-lived devices tend to get disposed very frequently resulting in massive e-waste disposition. 24 of 1999 for the protection and development of the environment) can incur a fine of up to AED20,000 and a prison sentence of not less than one year. Abu Dhabi Law No. If more than one party is responsible for the contamination, they are jointly liable for the costs. An EIA must be undertaken for certain types of projects The Environment Agency–Abu Dhabi (EAD) has released a list of projects that may potentially require an EIA under the Environment Law, including fossil natural resources projects, non-fossil natural resources projects, industrial projects and agricultural projects among others. Federal Law No. In an asset sale process, the seller transfers the entire business with its rights and obligations, and it is up to the buyer to accept the conditions of the sale. In Abu Dhabi, Environment Agency–Abu Dhabi (EAD) is responsible for protection and enhancement of the environment by reducing pollutants in the air, in the water, and on land. The chances are that it…, Register your Email ID to subscribe to Court Uncourt. Offenders are liable to fines ranging from AED10,000 to AED1 million and a prison sentence, depending on the gravity of the offense. Companies are also required to carry out environmental auditing by regulations implemented by the respective emirate. Some of the orders and regulations relating to environmental protection are: Local Order Number 61 of 1991 on the environment protection regulations; Local Order Number 8 of 2002 concerning sewage, irrigation and water drainage; Local Order Number 11 of 2003 regarding public health; Law Number 15 for the protection of groundwater.
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