Executive Council Resolution No.
(63) of 2016
Concerning
Marine Navigational Aids in the
Emirate of Dubai[1]
ــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــ
We,
Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai, Chairman of
the Executive Council,
After
perusal of:
Law No. (11) of 2007 Establishing
the Dubai Maritime City;
Law No. (11) of 2010 Concerning the
Licensing of Vessels in the Emirate of Dubai and its Implementing Bylaw;
Law No. (32) of 2015 Concerning the
Official Gazette of the Government of Dubai;
Law No. (1) of 2016 Concerning the
Financial Regulations of the Government of Dubai;
Decree No. (22) of 2009 Concerning
Special Development Zones in the Emirate of Dubai; and
The Legislation establishing and
regulating free zones in the Emirate of Dubai,
Do hereby issue this Resolution.
The following words and expressions,
wherever mentioned in this Resolution, will have the meaning indicated opposite
each of them unless the context implies otherwise:
|
Emirate: |
The
Emirate of Dubai. |
|
DMCA: |
The Dubai
Maritime City Authority. |
|
Executive
Director: |
The
executive director of the DMCA. |
|
Marine Navigational Aids: |
Buoys or fixed
objects installed along coastline, which are used to determine speed limits
and navigation routes, to provide warnings to Vessels, and to guide them
towards safe navigation areas, through their colour and shape codes in
daylight and through their flashing light at night. These include lighthouses. |
|
System: |
The Marine
Navigational Aids system adopted by the International Association of Marine
Aids to Navigation and Lighthouse Authorities (IALA) to enhance maritime
navigation safety (known as "IALA-A"). |
|
Activity: |
The
installation, maintenance, and removal of Marine Navigational Aids. |
|
Establishment: |
A company
or corporation which is authorised by the DMCA pursuant to this Resolution to
conduct the Activity, and which is licensed by the concerned licensing
authority to conduct a commercial activity. |
|
Permit: |
A document
issued by the DMCA authorising an Establishment to conduct the Activity in
the Emirate. |
|
Approval: |
A document
issued by the DMCA in accordance with this Resolution authorising the
installation, maintenance, or removal of any of the Marine Navigational Aids
specified in the System. |
|
Validity
Certificate: |
A document
issued by the DMCA in accordance with this Resolution confirming the validity
of the Marine Navigational Aids specified in the System. |
|
Person: |
A natural
or legal person. |
|
Waters of the Emirate: |
The waters
lying between the Dubai-Sharjah border and the Dubai-Abu Dhabi border and
extending to the exclusive economic zone, including the internal waters of
the Emirate comprising all seaports, marinas, canals, and waterways. |
|
Government
Entity: |
Any of the
Government departments; public agencies and corporations; councils and
authorities, including free zone authorities and Special Development Zone
authorities; and similar entities. |
This Resolution applies to:
1.
the
entities that conduct the Activity in the Emirate, including in free zones and
Special Development Zones; and
2.
the
entities that own or operate maritime projects in the Waters of the Emirate,
including navigational passages and bridges.
For the purposes of this Resolution,
the DMCA will have the duties and powers to:
1. establish
the requirements and standards for Marine Navigational Aids, in line with
international treaties and Conventions;
2. issue
the required Permits, certificates, and Approvals, in accordance with the
relevant rules, standards, and procedures adopted by the DMCA;
3. take
stock of the Marine Navigational Aids installed in the Waters of the Emirate
and on the coastline of the Emirate, assess their technical condition and
serviceability, and take the necessary action in this respect;
4. issue
maritime navigational warning notices upon occurrence of any malfunction in
Marine Navigational Aids;
5. designate
the locations of Marine Navigational Aids in the Waters of the Emirate;
6. install
and maintain Marine Navigational Aids in the Waters of the Emirate, or remove them,
where required;
7. collaborate
with the local and international concerned entities to mark the locations of
Marine Navigational Aids on the international navigational charts;
8. inspect
and oversee Establishments and the Marine Navigational Aids located in the
Waters of the Emirate using traditional or electronic means;
9. consider
maritime projects for the purposes of determining their needs for Marine
Navigational Aids; and
10. exercise
any other duties or powers required for the implementation of this Resolution.
a.
No Person may:
1. conduct the Activity in the Emirate
unless he is so authorised by the DMCA and is licensed by the concerned
licensing authority to conduct a commercial activity; or
2. undertake the installation, maintenance,
or removal of any Marine Navigational Aids in the Waters of the Emirate without
first obtaining the relevant Approval of the DMCA.
b.
When installing, maintaining, or
removing any Marine Navigational Aids related to its activities in the Emirate,
a Government Entity must first obtain the relevant Approval of the DMCA.
a.
A Permit will be issued subject to
meeting the relevant requirements and standards adopted by the DMCA,
particularly the following:
1. A Permit applicant must have adequate
technical expertise that enables him to conduct the Activity.
2. The Activity must be conducted in
accordance with the relevant requirements and standards adopted by the DMCA.
b.
A Permit application will be
submitted to the DMCA on the form prescribed by it for this purpose, supported
by the relevant documents required by the DMCA.
c.
A Permit will be valid for a period
of one (1) year, renewable for the same period. An application for renewal of a
Permit must be submitted no later than thirty (30) days after the expiry of the
Permit. The Permit will be renewed subject to the relevant requirements
prescribed by the DMCA.
The Executive Director will
prescribe the requirements and procedures for issuing Approvals, including the
documents that must be submitted to the DMCA for this purpose.
a.
A Validity Certificate will be
issued subject to meeting the relevant requirements and standards adopted by
the DMCA, particularly the following:
1. The Marine Navigational Aids must be
installed by an Establishment.
2. The Marine Navigational Aids must be
installed as specified in the System and as per the types, shapes, sizes, and
locations detailed in the plan approved by the DMCA at the time of issuing the
Approval.
b.
The Validity Certificate will be
issued after conducting the inspection of the Marine Navigational Aids and
verifying compliance with the requirements stipulated in paragraph (a) of this
Article.
c.
A Validity Certificate will be valid
for a period of one (1) year, renewable for the same period. The Validity
Certificate will be renewed subject to the relevant requirements prescribed by
the DMCA.
An Establishment must:
1.
conduct periodic maintenance of its Marine
Navigational Aids as per the maintenance plan approved by the DMCA;
2.
comply with the plan approved by the
DMCA for the installation of Marine Navigational Aids;
3.
not install or remove any Marine
Navigational Aids without first obtaining the relevant Approval of the DMCA;
4.
remove the Marine Navigational Aids
within the time frame prescribed by the DMCA, and notify the DMCA once the
removal is completed;
5.
provide the DMCA with a periodic
technical report on the condition of the Marine Navigational Aids specified in
the System. This report must contain all the relevant data and information
requested by the DMCA;
6.
immediately notify the DMCA in the
event of any damage, drift, or loss of any of the Marine Navigational Aids
installed or maintained by the Establishment; and
7.
perform any other obligations
prescribed by the DMCA based on variables or the status of the relevant maritime
project.
An entity owning or operating a
maritime project must:
1.
immediately notify the DMCA of any
damage, drift, or loss of any of the Marine Navigational Aids installed or
maintained by that owner or operator;
2.
obtain the relevant Approval of the
DMCA for the implementation of any maritime project for the purpose of determining
the Marine Navigational Aids required;
3.
obtain the relevant Approval of the
DMCA for the installation or removal of Marine Navigational Aids;
4.
obtain the Validity Certificates for
its Marine Navigational Aids;
5.
engage the Establishments authorised
by the DMCA for installing, maintaining, or removing Marine Navigational Aids;
6.
maintain the Marine Navigational
Aids of its maritime projects as per the annual maintenance plans approved by
the DMCA; and
7.
perform any other obligations
prescribed by the DMCA based on variables or the status of its maritime
projects.
a.
In return for issuing the Permits,
certificates, and Approvals stipulated in this Resolution, the DMCA will collect
the fees set out in Schedule (1) attached hereto.
b.
The fees prescribed under this
Resolution will not apply to the non-profit maritime projects owned by
Government Entities.
c.
For the purpose of collecting the
fees set out in Schedule (1) attached hereto, a part of a month will be rounded
up to a full month.
a.
Without prejudice to any stricter
penalty stipulated in any other resolution, a Person who commits any of the
violations set out in Schedule (2) attached to this Resolution will be punished
by the fine indicated opposite that violation.
b.
The amount of the fine set out in
the Schedule referred to in paragraph (a) of this Article will be doubled upon
repetition of the same violation within one (1) year from the date of the
previous violation. A doubled fine must not exceed two hundred thousand dirhams
(AED 200,000.00).
c.
In addition to the penalty of a fine
referred to in paragraph (a) of this Article, the DMCA may take any of the
following measures against a violator:
1. revoking the Approval;
2. suspending the Permit for a period
not exceeding three (3) months; or
3. revoking the Permit and notifying
the concerned commercial licensing authority to strike off the Activity from the
commercial licence of the violating Establishment.
In addition to the fines prescribed
by this Resolution, a violator must remedy the violation within the relevant
time frame determined by the DMCA, failing which the DMCA may remedy the
violation using its own resources or through engaging any other entity, and
hold the violator liable for all costs incurred, in addition to administrative
charges of twenty percent (20%) of these costs.
The DMCA employees and inspectors,
nominated pursuant to a resolution of the Executive Director, will have the
capacity of law enforcement officers to record the acts committed in breach of
the provisions of this Resolution and the resolutions issued in pursuance
hereof. In this capacity, they may issue the necessary violation reports and
seek assistance from police personnel.
Any affected party may submit a
written grievance to the Executive Director against the decisions, procedures,
and measures taken against him under this Resolution and the resolutions issued
in pursuance hereof within fifteen (15) days of being notified of the contested
decision, procedure, or measure. The grievance will be determined, within
thirty (30) days from the date of its submission, by a committee formed by the
Executive Director for this purpose, and the decision issued in respect of the
grievance will be final.
The fees, fines, and charges
collected pursuant to this Resolution will be paid to the Public Treasury of
the Government of Dubai.
The Executive Director will issue
the resolutions required for the implementation of the provisions of this
Resolution. These resolutions will come into force only upon publication in the
Official Gazette of the Government of Dubai.
Any provision in any other
resolution is hereby repealed to the extent that it contradicts the provisions
of this Resolution.
This Resolution will be published in
the Official Gazette and will come into force on the day on which it is
published.
Hamdan bin Mohammed bin Rashid Al Maktoum
Crown Prince of Dubai
Chairman of the Executive
Council
Issued in
Dubai on 6 November 2016
Corresponding
to 6 Safar 1438 A.H.
|
SN |
Description |
Fee (in dirhams) |
|
1-1 |
Issuing a
one-month Approval for installing up to five (5) Marine Navigational Aids |
3,000.00 |
|
1-2 |
Issuing a
three-month Approval for installing up to five (5) Marine Navigational Aids |
5,000.00 |
|
1-3 |
Issuing a
six-month Approval for installing up to five (5) Marine Navigational Aids |
8,000.00 |
|
1-4 |
Issuing a
nine-month Approval for installing up to five (5) Marine Navigational Aids |
10,000.00 |
|
1-5 |
Issuing a
one-year Approval for installing up to five (5) Marine Navigational Aids |
15,000.00 |
|
1-6 |
Issuing an
Approval valid for more than a year for installing up to five (5) Marine
Navigational Aids |
20,000.00 |
|
1-7 |
Issuing a
one-month Approval for installing up to ten (10) Marine Navigational Aids |
5,000.00 |
|
1-8 |
Issuing a
three-month Approval for installing up to ten (10) Marine Navigational Aids |
10,000.00 |
|
1-9 |
Issuing a
six-month Approval for installing up to ten (10) Marine Navigational Aids |
15,000.00 |
|
1-10 |
Issuing a
nine-month Approval for installing up to ten (10) Marine Navigational Aids |
20,000.00 |
|
1-11 |
Issuing a
one-year Approval for installing up to ten (10) Marine Navigational Aids |
30,000.00 |
|
1-12 |
Issuing an
Approval valid for more than a year for installing up to ten (10) Marine
Navigational Aids |
40,000.00 |
|
|
||
|
2-1 |
Issuing a
one-month Approval for installing up to fifteen (15) Marine Navigational Aids |
7,000.00 |
|
2-2 |
Issuing a
three-month Approval for installing up to fifteen (15) Marine Navigational
Aids |
12,000.00 |
|
2-3 |
Issuing a
six-month Approval for installing up to fifteen (15) Marine Navigational Aids |
18,000.00 |
|
2-4 |
Issuing a
nine-month Approval for installing up to fifteen (15) Marine Navigational
Aids |
23,000.00 |
|
2-5 |
Issuing a
one-year Approval for installing up to fifteen (15) Marine Navigational Aids |
35,000.00 |
|
2-6 |
Issuing an
Approval valid for more than a year for installing up to fifteen (15) Marine
Navigational Aids |
45,000.00 |
|
2-7 |
Issuing a
one-month Approval for installing up to twenty (20) Marine Navigational Aids |
10,000.00 |
|
2-8 |
Issuing a three-month
Approval for installing up to twenty (20) Marine Navigational Aids |
15,000.00 |
|
2-9 |
Issuing a
six-month Approval for installing up to twenty (20) Marine Navigational Aids |
20,000.00 |
|
2-10 |
Issuing a
nine-month Approval for installing up to twenty (20) Marine Navigational Aids |
25,000.00 |
|
2-11 |
Issuing a
one-year Approval for installing up to twenty (20) Marine Navigational Aids |
40,000.00 |
|
2-12 |
Issuing an
Approval valid for more than a year for installing up to twenty (20) Marine
Navigational Aids |
50,000.00 |
|
|
||
|
3-1 |
Issuing a
one-month Approval for installing more than twenty (20) Marine Navigational
Aids |
15,000.00 |
|
3-2 |
Issuing a
three-month Approval for installing more than twenty (20) Marine Navigational
Aids |
20,000.00 |
|
3-3 |
Issuing a
six-month Approval for installing more than twenty (20) Marine Navigational
Aids |
25,000.00 |
|
3-4 |
Issuing a
nine-month Approval for installing more than twenty (20) Marine Navigational
Aids |
30,000.00 |
|
3-5 |
Issuing a
one-year Approval for installing more than twenty (20) Marine Navigational
Aids |
50,000.00 |
|
3-6 |
Issuing an
Approval valid for more than a year for installing more than twenty (20)
Marine Navigational Aids |
60,000.00 |
|
|
||
|
4 |
Issuing or
renewing a Permit |
AED
5,000.00 per year |
|
5 |
Conducting
a study for a small-size maritime project that requires less than five (5)
Marine Navigational Aids |
500.00 |
|
6 |
Conducting
a study for a small-size maritime project that requires less than ten (10)
Marine Navigational Aids |
1,000.00 |
|
7 |
Conducting
a study for a small-size maritime project that requires less than fifteen
(15) Marine Navigational Aids |
1,500.00 |
|
8 |
Conducting
a study for a medium-size maritime project that requires less than twenty
(20) Marine Navigational Aids |
2,000.00 |
|
9 |
Conducting
a study for a large-size maritime project that requires more than twenty (20)
Marine Navigational Aids |
3,000.00 |
|
10 |
Issuing or
renewing a Validity Certificate for a maritime project that requires up to
five (5) Marine Navigational Aids |
AED
30,000.00 per year |
|
11 |
Issuing or
renewing a Validity Certificate for a maritime project that requires up to
ten (10) Marine Navigational Aids |
AED
50,000.00 per year |
|
12 |
Issuing or
renewing a Validity Certificate for a maritime project that requires up to
fifteen (15) Marine Navigational Aids |
AED
60,000.00 per year |
|
13 |
Issuing or
renewing a Validity Certificate for a maritime project that requires up to
twenty (20) Marine Navigational Aids |
AED
75,000.00 per year |
|
14 |
Issuing or
renewing a Validity Certificate for a maritime project that requires more
than twenty (20) Marine Navigational Aids |
AED
100,000.00 per year |
|
SN |
Violation |
Fine (in dirhams) |
|
1 |
Conducting
the Activity in the Emirate without a Permit or with an expired Permit |
50,000.00 |
|
2 |
Delay in
renewing a Permit |
AED
1,000.00 per month of delay |
|
3 |
Failure to
comply with the plan approved by the DMCA for installing Marine Navigational
Aids |
50,000.00 |
|
4 |
Failure to
provide or delay in providing the DMCA with the technical report on the
condition of the Marine Navigational Aids without a reason acceptable to the
DMCA |
5,000.00 |
|
5 |
Failure to
comply with the periodic maintenance plan approved by the DMCA |
10,000.00 |
|
6 |
Providing
the DMCA with incorrect information about the Marine Navigational Aids |
50,000.00 |
|
7 |
Engaging
an Establishment not authorised by the DMCA to conduct the Activity |
20,000.00 |
|
8 |
Installing,
maintaining, or removing any the Marine Navigational Aids in the Emirate
without first obtaining the Approval of the DMCA |
50,000.00 |
|
9 |
Delay in
removing any Marine Navigational Aids within the time frame prescribed by the
DMCA |
20,000.00 |
|
10 |
Failure to
comply with the regulations and the Permits issued by the DMCA in respect of
Marine Navigational Aids |
10,000.00 |
|
11 |
Obstructing
the work of, or failure to cooperate with, the employees of the DMCA or their
representatives |
20,000.00 |
|
12 |
Establishing
a maritime project that requires installing Marine Navigational Aids without
first obtaining the relevant Approval of the DMCA |
10,000.00 |
|
13 |
Failure to
obtain the Validity Certificate for Marine Navigational Aids, where required |
10,000.00 |
|
14 |
Delay in
notifying the DMCA in the event of damage, drift, or loss of any Marine
Navigational Aids, or failure to do so |
10,000.00 |
|
15 |
Failure to
comply with the resolutions issued by the DMCA under this Resolution |
5,000.00 |
©2024 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.