Law No. (15) of 2008
Concerning
Protection of Groundwater in the Emirate of Dubai[1]
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We, Mohammed bin Rashid Al Maktoum, Ruler of
Dubai,
After
perusal of:
Law No. (3) of 2003
Establishing the Executive Council of the Emirate of Dubai; and
Law No. (18) of 2006 Concerning
Management and Realisation of the Public Funds of the Government of Dubai, and
With the aim of protecting
groundwater in the Emirate of Dubai from Contamination, Overdraft, and
Salinisation; and maintaining a strategic water reserve to meet emergencies,
Do
hereby issue this Law.
This Law will be cited as “Law
No. (15) of 2008 Concerning Protection of Groundwater in the Emirate of Dubai”.
In implementing the provisions
of this Law, the following words and expressions will have the meaning
indicated opposite each of them unless the context implies otherwise:
|
Emirate: |
The Emirate of
Dubai. |
|
Executive
Council: |
The Executive
Council of the Emirate of Dubai. |
|
DM: |
The Dubai
Municipality. |
|
DEWA: |
The Dubai
Electricity and Water Authority. |
|
Person: |
A natural person
or a public or private legal person. |
|
Owner: |
A Person in whose
name the land within which a Well is located is registered, or the owner of
a project which uses the water of that Well. |
|
Groundwater: |
Water that exists
naturally underground and is extracted through a Well. This does not include
salt water which emerges during excavations at construction sites; or water stored in man-made
reservoirs, ponds, or basins. |
|
Groundwater Basin: |
A body of
Groundwater whose area extends between the two farthest points which
the water reaches due to its movement around the centre
of
that waterbody. |
|
Well: |
Any pit or hole
through which Groundwater is extracted from underground to the ground surface. The
facilities
set up around that pit or hole and the equipment and machinery used
for this purpose are
deemed part of the Well. |
|
Extraction: |
Drawing or
lifting Groundwater to the ground surface by any means whatsoever. |
|
Overdraft: |
Extracting
Groundwater from Groundwater Basins in amounts exceeding the Groundwater recharge rates, which
would lead to depletion or Salinisation of the
Groundwater. |
|
Contamination: |
Any change in the
natural physical, chemical, or biological properties of Groundwater in a
Groundwater Basin to the extent that such water becomes unsuitable for its intended
use. |
|
Salinisation: |
An increase in
the concentration of total dissolved salts in Groundwater in a
Groundwater Basin, beyond the normal limits. |
|
Water Balance: |
The difference
between the amount of extracted Groundwater and the amount of
recharged Groundwater. |
|
Prohibited Area: |
A geographical
area demarcated by the DM in which it is not allowed to drill Wells or conduct any
activities that would affect the Groundwater beneath that area. |
|
Impact Area: |
The area which
extends between the farthest point that the Groundwater reaches and the
centre of the Groundwater Basin, and in which Well water may
mix with the water of adjacent Groundwater Basins or of any underground or
surface recharge sources. |
The provisions of this Law will
apply to all Groundwater Basins and Wells located in the Emirate, with the
exception of the Wells of DEWA.
In coordination with relevant
federal and local government entities in the Emirate, the DM will:
1.
locate Groundwater Basins in the Emirate and categorise them according to
their geohydrologic characteristics;
2.
determine Prohibited Areas and areas where the Extraction of Groundwater is permitted;
3.
establish the environmental and engineering
standards and requirements for using Groundwater sources in the Emirate, and
determine its
use and the rules for rationalising that use;
4.
conduct geophysical and geohydrologic analysis of Groundwater Basins and Wells;
and establish the criteria and rules necessary to prevent the Contamination,
Salinisation, or Overdraft of Groundwater;
5.
determine the number of Wells from which the Extraction of Groundwater
is permitted
in each
geographic area, and determine their depths and dimensions and the distances
separating them;
6.
issue permits for drilling or maintaining Wells; for increasing their capacity; or for
changing their permitted uses, provided that the permit
applicants obtain no-objection
certificates
from DEWA;
7.
issue approvals for the licensing of companies and
establishments operating in the field of drilling Wells in the Emirate; and
8.
determine the daily or yearly amounts of water permitted to be extracted from a Well
based on the Water Balance level in the area, the concentration of chemical
elements dissolved in the
Well, and the
permitted use of that Well.
No Person may drill any Well in
the Emirate for Extraction of Groundwater; increase its a Well depth or diameter; or make any modifications to
it or to its equipment or machinery without first obtaining a permit from the
DM in accordance with the requirements and conditions prescribed in the
implementing bylaw of this Law.
The permit referred to in
Article (5) of this Law will state the location, depth, and diameter of the Well. The
permit will also state:
1.
the purpose of Extraction of Groundwater;
2.
the maximum amount of Groundwater permitted to be extracted daily from the
Well;
3.
the specifications and capacity of the water pump
of the Well;
4.
the specifications of the water meter installed on the Well to measure the amount of extracted water; and
5.
the facilities that may be set up around the Well.
1.
An Owner must install on the Well a water meter
approved by the DM in order to measure the amount of Groundwater extracted from
the Well. The meter will be periodically inspected by the DM in order to verify
its functionality
and working condition.
2.
When installing a meter, the DM will take the
necessary technical measures to prevent manipulation of the meter reading,
replacing the meter with another, or making any modifications to it in a manner that precludes measuring
the amount
of extracted water
accurately.
Unless proven otherwise, the meter reading will constitute sufficient
evidence of the amount of water extracted from the Well.
1.
No Person may conduct the activity of Well
drilling in the Emirate without first obtaining the relevant permit from the
DM.
2.
No Person may possess a drilling rig or use it to drill
Wells in the Emirate
unless it is registered with the DM.
The DM may revoke a permit granted pursuant to paragraph (1) of Article (8)
of this Law where it is established to the satisfaction of the DM that the permit holder has drilled
or has commenced drilling a Well before the Owner of the Well has obtained the
relevant drilling permit.
The Groundwater extracted from a Well will undergo
quality control by the DM, which includes conducting chemical, microbiological, and
other necessary
analyses
of water to verify that it is suitable for its intended use and purposes.
The DM may shut down any Well if the amount of water extracted
from that Well exceeds the permitted amount;
or
if it is established to the satisfaction of the DM that the Well is
contaminated or that there is an increase in the concentration of dissolved salts in the Well which exceeds the normal rates accepted in accordance with
the criteria adopted in this respect.
An Owner must keep a special
record in which all data related to the Well, such as the date of drilling
the Well, its depth, and the daily amount of water extracted from the Well, are entered. The Owner must always keep this record at the site
of the Well for purposes of control and inspection by the DM.
No Person may perform any of
the following acts without obtaining a written approval of the DM:
1.
selling or trading in Groundwater for purposes of irrigating
commercial agricultural crops;
2.
storing any hazardous materials or conducting any
activity on the ground
surface or underground near Groundwater sources or within Groundwater Basin areas.
The following acts are
prohibited within the areas of Groundwater Basins, Impact Areas, and Prohibited
Areas:
1.
dumping, collecting, or burying any of the
materials determined by the DM which would change the physical or chemical
properties of Groundwater; and
2.
establishing cemeteries or burying animal carcasses.
A Person who discovers
Groundwater when conducting any excavations must notify the DM within one (1)
week from the date of
discovery of the same.
Upon the lapse of three (3)
months from the date on which this Law comes into force, all permits issued by
the DM for Wells located within the Prohibited Areas, as prescribed by this Law, will be deemed revoked.
In return for any of the services it
provides or permits it issues in accordance with this Law, the DM will collect a
fee of no less than one hundred Dirhams (AED 100.00) and no more than twenty
thousand Dirhams (AED 20,000.00).
The implementing bylaw of this
Law will determine the fee for each of these services or permits.
1.
Without prejudice to any stricter penalty
stipulated in any other legislation, a Person who violates the provisions of
this Law, its implementing bylaw, or the resolutions issued in pursuance hereof
will be punished by a fine of no less than one hundred Dirhams (AED 100.00) and
no more than five hundred thousand Dirhams (AED 500,000.00). Upon repetition of
the same violation within one (1) year, the amount of the fine will be doubled.
2.
In addition to the prescribed fines, the DM may
take one or more of the following measures against the violating Person:
a. revoking
the permit or suspending it for no more than one (1) month;
b. shutting down the Well;
c. seizing
the equipment and machinery used in committing the violation until that violation is remedied;
d. selling, by public auction, the equipment and machinery used in
committing the violation to collect the fines
incurred in respect of the violation, where the violating Person fails to pay these fines; and
e.
destroying the equipment, machinery, and materials
that are non-compliant
with the prescribed requirements.
3.
The implementing bylaw of this Law will determine
the acts that
constitute violations of its provisions and the
penalties prescribed for each violation.
In any event, a violating
Person who causes damage to Groundwater resources will be liable to remedy that damage or pay the relevant
compensation in accordance with the rules and requirements prescribed by the
implanting bylaw of this Law.
If a violator fails to remedy a
violation, or the damage resulting therefrom, within the time frame
prescribed by the DM, the DM may take the necessary action to remedy the damage and require
the violator to pay the costs of remedy in addition to twenty-five percent
(25%) of these costs as administrative fees.
Owners of Wells existing in the Emirate on
the date on which this Law comes into force, Persons conducting the business of
drilling Wells, and owners of drilling rigs must comply with the provisions of
this Law within three (3) months from its effective date.
The employees and inspectors of
the DM who are appointed by the Director General for such purpose will have the
capacity of law enforcement officers to record the acts committed in breach of
the provisions of this Law, its implementing bylaw, and the resolutions issued in pursuance
hereof. For this purpose, they may access Well sites, Groundwater Basin areas, and any other places governed by the provisions hereof; review their records and
registers; impound, seize, inspect, or analyse non-compliant equipment, machinery, and
materials or those used in committing violations; and issue the necessary
violation reports.
For the purpose of implementing
the provisions of this Law, its implementing bylaw, and the resolutions issued
in pursuance hereof, the DM may seek assistance from public departments,
authorities, and corporations in the Emirate, including police forces. Upon request, these entities must provide assistance as soon as practicable.
The DM will draft the implementing
bylaw of this Law, which will be submitted to the Chairman of the Executive
Council for approval.
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.
Mohammed
bin Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 14 August 2008
Corresponding
to 13 Shaban 1429 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.