Law No. (11) of 2003
Concerning the Establishment of
Nature Reserves in the Emirate of
Dubai[1]
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We, Maktoum bin Rashid Al Maktoum, Ruler of Dubai,
After
perusal of:
Federal
Law No. (24) of 1999 Concerning the Protection and Development of the
Environment;
Local
Order No. (61) of 1991 Concerning Environmental Protection Systems in the
Emirate of Dubai, issued on 15 July 1991; and
Local
Order No. (2) of 1998 Designating Certain Areas as Nature Reserves in the
Emirate of Dubai, issued on 1 March 1998, and
For
the purpose of conserving the natural environment and protecting terrestrial
and marine life, including the biodiversity
of
plants and animals in the Emirate of Dubai,
Do
hereby issue
this Law.
This Law will be
cited as “Law No. (11) of 2003 Concerning
the Establishment of Nature Reserves in the Emirate of Dubai”.
The following
words and expressions, wherever mentioned in this Law, will have the meaning
indicated opposite each of them unless the context implies otherwise:
|
Emirate: |
The
Emirate of Dubai. |
|
Ruler: |
His
Highness the Ruler of Dubai. |
|
DM: |
The
Dubai Municipality. |
|
Nature
Reserve: |
An
area of land, or of coastal or inland waters, characterised by its plants,
animals, or fish;
or by natural phenomena of cultural, scientific, tourist, or aesthetic value. |
Nature Reserves
will be established in the Emirate, and their geographical locations, area, and
boundaries will be determined, pursuant to a decree issued by the Ruler
upon
a proposal by the DM. The area and boundaries of a Nature Reserve may be
modified pursuant to a
resolution of the Ruler upon the recommendation of the DM.
Nature Reserves
will be established in the Emirate to achieve the following objectives:
1. to
conserve the natural environment of the
Nature Reserves; maintain their cleanliness and beauty; and develop them;
2. to
preserve the natural resources and living organisms in the Nature Reserves, including plants,
animals, and migratory and endemic birds;
3. to
preserve the geological and geographical formations of the Nature Reserves;
4. to
breed and resettle rare and endangered animals;
5. to
monitor and track the species and numbers of living organisms; identify their living places and natural habitats; and release them back into the
wild;
6. to
preserve and develop the areas which are
deemed
as habitats for certain species of animals, plants, or birds; or suitable places for their growth and
reproduction; and
7. to
contribute to the development of ecotourism in the Emirate.
The DM will
undertake the
supervision, management, and administration of the affairs of the Nature
Reserves. The Director General of the DM may issue a resolution forming a board
of directors to supervise and manage any Nature Reserve. Members of the board
of directors of a Nature Reserve must include experts and specialists in this field.
For the purpose
of achieving the objectives stipulated herein, the DM will, in respect of
Nature Reserves, have the duties and powers to:
1. establish
the general policy of Nature Reserves, and
develop the programmes and plans required for its implementation;
2. monitor
ecological phenomena, and conduct an inventory of land and marine organisms existing within
Nature Reserves and record them in a special register maintained for this purpose;
3. issue
the implementing bylaws required for regulating work in Nature Reserves;
4. construct
the facilities, utilities, and installations required for conserving Nature
Reserves and encouraging ecotourism therein;
5. issue the regulations required for
conserving the natural environment within Nature Reserves in order to provide
protection to the animals, plants, natural resources, ground waters, and
biodiversity therein;
6. issue
the bylaws regulating the investment of the facilities and utilities constructed on
the land of Nature Reserves, provided that the investment does not compromise
the natural environment thereof;
7. prescribe
entry fees for Nature Reserves;
8. take
the measures and actions required for obtaining the recognition of Nature
Reserves by specialised regional and international bodies and organisations;
and exchange information and expertise with these bodies and organisations on all matters
relating to Nature Reserves and their
conservation;
9. seek
assistance from experts and specialists, and form specialised committees, for the purpose of conducting
research and studies for the development of Nature Reserves; monitoring environmental phenomena
therein; and conducting inventories of the organisms living therein;
and
10. perform
any other duties related to the objectives of Nature Reserves.
Nature Reserves
will be financed from the following resources:
1. the
funds allocated by the DM to Nature Reserves in the DM annual budget;
2. returns
on the investment of the facilities and utilities constructed on Nature Reserves;
3. entry
fees collected from visitors; and
4. any
donations, gifts, or aid provided to
Nature Reserves from within or
outside of the UAE and approved by
the Government of Dubai.
Individuals and public
and private entities are prohibited from performing any act, disposition, or
activity in Nature Reserves, or in the vicinities thereof, which may destroy or
adversely affect the natural environment; cause damage to the land, marine, or
plant life; or impair the aesthetic appearance of these Nature Reserves. In
particular, the following acts are prohibited:
1. hunting,
relocating, killing, or harming the living
organisms in the
Nature Reserves or committing any act that may destroy them;
2. taking
any living organisms,
rocks, or dust out of the
Nature Reserves or changing their topography;
3. damaging
the geological or geographical formations or areas that are deemed as habitats
for species of animals, plants, or birds; or suitable places for their
reproduction;
4. bringing
into the Nature Reserves any kind of animals or any species that are different
from the animals and species existing therein;
5. contaminating,
in any way whatsoever, the soil, water, or air of the Nature Reserves;
6. constructing
any buildings, structures, or
roads; operating vehicles; or conducting any agricultural, industrial, or commercial activities without
obtaining a permit from
the DM; or
7. performing
any other act that may disturb the ecological balance of the Nature Reserves.
Employees and
inspectors of the DM assigned by the Director General of the DM will have the
capacity of law enforcement officers to record the acts committed in breach of
the provisions of this Law or the resolutions or instructions issued in
pursuance hereof. For this purpose, they may seize and impound the items used in committing violations, and issue the
necessary violation reports.
Without prejudice
to any stricter penalty stipulated in any other law, a person who violates the
provisions of this Law or the resolutions issued in pursuance hereof will be
punished by imprisonment, by a fine of no more than five hundred thousand
dirhams (AED 500,000.00), or by both penalties. When issuing a judgment convicting that person, the court may order confiscation of the seized items obtained from or used to
commit the offence, without prejudice to the rights of bona fide third parties. In addition to
the prescribed penalty, the competent court will order the convicted person to remedy the
damage resulting from his offence.
Nature Reserves
established in the Emirate under the above-mentioned Local Order No. (2) of
1998 will be deemed established under this Law and will be governed by its provisions.
The Director
General of the DM will issue the resolutions required for the implementation of
this Law.
Any provision in
any other legislation will be repealed to the extent that it contradicts the
provisions of this Law.
This Law will be
published in the Official Gazette and will come into force on the day on which
it is published.
Maktoum
bin Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 17 December 2003
Corresponding to 23 Shawwal 1424 A.H.
©2020 The Supreme Legislation Committee in the
Emirate of Dubai
[1]Every effort has been made to produce an
accurate and complete English version of this legislation. However, for the
purpose of its interpretation and application, reference must be made to the original
Arabic text. In case of conflict, the Arabic text will prevail.