Administrative Resolution No. (11) of 2021
Regulating the Issuance of
Maritime Permits for Marine Events in the
Emirate of Dubai[1]
ــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــ
The Executive Director of the Dubai Maritime
City Authority,
After perusal
of:
Law No. (1) of 1997 Establishing the Department of Tourism and
Commerce Marketing and its amendments;
Law No. (11) of 2007 Establishing the Dubai Maritime City;
Law No. (11) of 2009 Concerning the Dubai Sports Council and its
amendments;
Law No. (11) of 2010 Concerning the Licensing of Vessels in the
Emirate of Dubai;
Decree No. (7) of 1994 Establishing a Corporation Named the “Dubai
International Marine Club";
Decree No. (25) of 2013 Concerning the Event eLicensing and
eTicketing System in the Emirate of Dubai;
Executive Council Resolution No. (11) of 2013 Issuing the
Implementing Bylaw of Law No. (11) of 2010 Concerning the Licensing of Vessels
in the Emirate of Dubai and its amendments; and
Executive Council Resolution No. (1) of 2020 Regulating Sports
Establishments and Sports Events 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. |
|
Vessel: |
Any vessel
of any type or structure whatsoever operated on the Waters of the Emirate to
transport Passengers or Goods for personal, commercial, sports, or tourism
purposes. |
|
Establishment: |
Any company
or sole proprietorship authorised to hold and organise a Marine Event, in accordance with the legislation in
force. |
|
Marine Event: |
Any sports
or recreational event which is organised on the Waters of the Emirate, such as maritime processions, maritime races, and maritime
ceremonies. |
|
Maritime
Permit: |
A document
issued by the DMCA authorising an Establishment to hold a Marine Event on the Waters of the Emirate. |
|
Competent
Entity: |
This
includes the Department of Tourism and Commerce Marketing, the Dubai Sports
Council, the Dubai International Marine Club, the Dubai Police, and any other
entity authorised under the legislation in force to implement any of the provisions of this Resolution. |
|
Waters of the Emirate: |
The waters
of the Emirate 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 and all ports, marinas, canals, and waterways. |
|
Prohibited
Areas: |
The areas
demarcated by the DMCA and the concerned entities in the Emirate where
navigation of Vessels is prohibited. |
|
Berths: |
Vessel
anchorage and berthing facilities set up in the
Waters of the Emirate on a permanent or temporary basis. This includes,
without limitation, marinas, water sports clubs, fishing harbours, private
harbours, and marine stations. |
|
Electronic
System: |
The
eLicensing System established pursuant to the above-mentioned Decree No. (25)
of 2013. |
No Marine Event may be held on the Waters of the Emirate without first
obtaining a Maritime Permit. The Maritime Permit will be issued in accordance
with the provisions of this Resolution and in a manner that ensures safe
navigation on the Waters of the Emirate and the safety of those participating
in the Marine Event.
The issuance of a Maritime Permit will be subject to the following
requirements:
1.
The Establishment must obtain from the Competent Entities and other concerned
entities the licences, permits, and approvals required for holding the Marine Event.
2.
The participating Vessels must be seaworthy and fitted with all the
safety equipment approved by the DMCA.
3.
The crew members of the Vessels participating in the Marine Event must be qualified and licensed to
navigate these Vessels.
4.
The area where the Marine Event is to be held must be distant from
Vital Facilities and Prohibited Areas in the Emirate.
In issuing a Maritime Permit, the following procedures will be
followed:
1.
An application for a Maritime Permit will be submitted to the DMCA,
using the channels it prescribes in this respect, at least forty-eight (48)
hours before commencement of the Marine Event. The application must state the route,
date, and time of the Marine Event and the type, length, and number of participating Vessels.
2.
The DMCA will consider the application from a technical and
navigational perspective to verify that it meets all relevant conditions and
requirements and that it is accompanied by the required documents. The DMCA may
request any documents, data, or information it deems necessary; and may modify the route proposed for the Marine Event to ensure safe navigation on the
Waters of the Emirate.
3.
Where all conditions and requirements are met, the DMCA will issue
its final decision approving the Maritime Permit application within two (2)
working days. The applicant will be requested to pay the prescribed fees,
whereupon the DMCA will issue the permit.
4.
Where the Maritime Permit application is rejected, the DMCA will
notify the applicant of the reasons for rejection. An applicant whose
application is rejected may submit to the DMCA another Maritime Permit
application.
Without prejudice to its obligations under the legislation in force
in the Emirate, an Establishment must:
1.
take into consideration the weather conditions at sea before and
during the Marine Event and suspend the event in case of any sudden change in weather conditions that may
compromise maritime navigation;
2.
conduct the Marine Event on the approved route and at the times stated in the Maritime
Permit;
3.
remove any marine barriers, floats, navigation signs, or debris from the water immediately
upon completion of the Marine Event;
4.
not perform any act that may compromise safe
navigation of the Vessels participating in the Marine Event;
5.
preserve the environment and not allow any person to act in any
manner that may pollute the Waters of the Emirate; and
6.
immediately notify the DMCA of any incident and provide it with a copy of the relevant report issued by the competent
entity on the nature and
causes of the incident and the measures taken to address its consequences.
a.
Upon issuing a Maritime Permit, the DMCA will send circulars and navigational warnings to:
1.
marine clubs and Vessel marinas, which will in turn notify their member Vessel owners of the time and location of the Marine Event; and
2.
operators of private and commercial harbours, who will in turn warn commercial Vessels against entering the areas where the Marine Event will be held.
b.
The areas where Marine Events are
held are deemed
Prohibited Areas until those events are concluded.
The DMCA will, in coordination with the Department of Tourism and
Commerce Marketing, take any action required to complete connection to the
Electronic System, in accordance with the relevant procedures adopted by the
Department of Tourism and Commerce Marketing.
Any person who violates the provisions of this Resolution will be
punished by the penalties stipulated in the above-mentioned Executive Council
Resolution No. (11) of 2013.
Any provision in any other administrative resolution will be
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.
Saeed bin Ahmed bin Khalifa Al Maktoum
Executive Director
Dubai Maritime City Authority
Issued in Dubai on 11 July 2021
Corresponding to 1 Thu al-Hijjah 1442 A.H.
©2021 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.