Administrative Resolution No. (9) of 2021
Regulating the Management and Operation of
Harbours and Marine Stations in the Emirate of
Dubai[1]
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The Executive Director of the Dubai Maritime City Authority,
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;
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;
Executive Council Resolution No. (63) of
2016 Concerning Marine Navigational Aids in the Emirate of Dubai,
Does 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. |
|
Concerned Entity: |
This includes any
of the local government entities legally authorised to regulate any matters
related to the operation of Harbours or navigation of
Vessels in the Waters of the Emirate. |
|
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, Harbours, canals, and waterways. |
|
Prohibited Areas: |
Areas demarcated
by the DMCA and the Concerned
Entities in the Emirate where the use of Vessels is prohibited. |
|
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. |
|
Harbour: |
Permanent or
temporary Vessel anchorage and berthing facilities within the Waters of the
Emirate, including marinas, water sports clubs, fishing harbours, and private harbours. |
|
Marine Station: |
A Vessel anchorage
and berthing facility designated for Passenger transport, Vessel maintenance,
Vessel refuelling, or any other technical services related to Vessels. |
|
Permit: |
A document issued
by the DMCA authorising an Owner to operate and manage a Harbour in
accordance with the provisions of this Resolution. |
|
Classification Certificate: |
A document issued
by the DMCA whereby a Harbour in the Emirate is classified in accordance with the Classification System. |
|
Validity Certificate: |
A document issued
by the DMCA confirming the technical efficiency of a Marine Station. |
|
Classification System: |
A system adopted by the DMCA which
prescribes the technical and operating standards based on which Harbours are classified. |
|
Owner: |
A natural or legal person who owns a
Harbour or Marine Station, or who holds the management and operation rights of a Harbour or Marine Station. |
a. With the exception of Government Entities, no natural or legal person may manage or operate a Harbour or Marine Station without first obtaining the relevant Permit from the DMCA.
b. All Government Entities must coordinate with the DMCA before building any Harbours or Marine Stations on the Waters of the Emirate.
a. The issuance of a Permit will be subject to the following requirements:
1. obtaining a Harbour building permit from the competent authority in the Emirate, in accordance with the relevant engineering and technical standards and requirements adopted by the DMCA;
2. holding a valid commercial licence issued by the relevant licensing authority in the Emirate; and
3. submitting an insurance policy for the Harbour issued by an insurance company licensed to operate as a Harbour insurance provider in the United Arab Emirates. This insurance policy must cover any damage that may occur as a result of the berthing of Vessels in the Harbour.
b. The Permit will be valid for a period of one (1) year, renewable for the same period. The Owner of the Harbour must renew the Permit within one (1) month from its expiry after satisfying all the conditions and requirements prescribed for the renewal.
The following
procedures will be followed when issuing a Permit:
1. A Permit application will be submitted to the DMCA, on the form prescribed by it for this purpose, through a customer service office or through the electronic portal, supported by the documents and information prescribed by the DMCA in this respect.
2. The DMCA will consider the application from a technical perspective to verify that it meets all relevant conditions and requirements, and that it contains all required documents and information. The DMCA may request any other documents, data, or information it deems necessary to consider the Permit application.
3. The DMCA will issue its approval of the Permit application within ten (10) working days, after conducting a technical inspection of the Harbour and verifying that all the conditions, requirements, and standards prescribed by the DMCA are met. The applicant will then be instructed to pay the relevant prescribed fees, whereupon the DMCA will issue the Permit.
4. Where a 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 Permit application.
The Owner of a
Harbour must comply with the following safe operation
requirements:
1. obtaining from the Concerned Entities the navigation permits required for Vessels to navigate the Waters of the Emirate;
2. designating Vessel berthing zones depending on the category, size, use, and propulsion type of the Vessel;
3. observing the standards related to maritime number plates, as approved by the DMCA with respect to assigning numbers to Harbours; and those related to piloting and directing within Harbours;
4. installing signboards displaying the general plan of the Harbour and the emergency contact numbers;
5. installing a video surveillance system covering the whole area of the Harbour, including slipways and entry and exit points;
6. providing general safety equipment, conducting regular maintenance of this equipment, training staff on using the same, and preparing the manuals required for its use; and
7. establishing an electronic connection with the Concerned Entities in the Emirate to ensure access to all information related to Vessels, their crew members, and their users.
An Owner must:
1. abide by the requirements and standards related to managing and operating Harbours and Marine Stations;
2. verify, on a regular basis, that the Vessels berthed in his Harbour are licensed by the DMCA, or are authorised to navigate within the Waters of the Emirate, in accordance with the above-mentioned Law No. (11) of 2010 and Executive Council Resolution No. (11) of 2013, and the resolutions issued in pursuance thereof;
3. monitor all the maintenance works conducted on Vessels in the Harbour;
4. monitor the navigation of Vessels within the Harbour through a control room;
5. provide permanent security surveillance at the Harbour in accordance with the requirements adopted by the Concerned Entities, and constantly verify the identity of Vessel users;
6. report to the Concerned Entities any Vessel that fails to return to the Harbour within the normal time frame;
7. provide the staff of the Harbour or Marine Station with regular training on emergency response plans;
8. prepare reports on any maritime accidents that occur at the Harbour, determine the causes of these accidents, and take the required action to prevent their recurrence;
9. not authorise the organisation of any marine sports or recreational events within the boundaries of the Harbour without first obtaining the relevant permission from the DMCA;
10. not allow the berthing of dilapidated Vessels that pose threats to public safety and to the environment at the Harbour, except in emergencies and after obtaining the relevant approval of the DMCA;
11. take the necessary action to handle the wreckage of adrift, sunken, or abandoned Vessels; and remove them outside the boundaries of the Harbour, in coordination with the DMCA;
12. constantly verify that Harbour users comply with the instructions governing its management, operation, and use; and take the appropriate measures against violators in accordance with the contracts concluded with them;
13. hold training and awareness workshops for Harbour users on all matters related to using Vessels; and acquaint them with the boundaries of Prohibited Areas; and
14. prohibit the refuelling of Vessels within the Harbour using portable fuel containers, except in emergency cases.
An Owner must comply
with all the environmental requirements stipulated in the instruction manual
issued by the Concerned Entities in the Emirate; and must satisfy the following
additional environmental requirements:
1. providing efficient and effective pollution control equipment and developing the instructions demonstrating the use of this equipment;
2. installing signboards warning against causing pollution within the Harbour or Marine Station, and indicating places for disposal of all types of pollutants;
3. preparing an environmental waste management plan; and providing waste sorting and recycling containers in the Harbour or Marine Station;
4. ensuring that Vessels do not discharge contaminated water, oils, and sewage sludge into the waters of the Harbour;
5. monitoring the cleanliness of water in the Harbour; and conducting the periodic laboratory tests required for measuring pollution levels;
6. using the chemical materials permitted by the Concerned Entities in the Emirate in controlling oil pollution in the Harbour or Marine Station;
7. not allowing Vessel maintenance works that may pollute the waters of the Harbour, and restricting the performance of maintenance works to designated workshops;
8. providing a sufficient number of sanitary facilities designated to men, women, and persons with disabilities within the Harbour, and ensuring hygiene in these facilities at all times;
9. designating facilities in the Harbour for collection of the environmental waste generated by Vessels, and establishing the procedures for this collection. This includes disposing of waste, waste oils, sewage sludge, contaminated water, and expired hazardous materials, such as batteries and distress signals; and
10. periodically training workers in the Harbour on marine pollution response plans, preparing the reports required in this respect, and submitting the same to the DMCA upon request;
a. Harbours will be classified in accordance with the Classification System, which includes the technical and operating standards based on which Harbours are classified, particularly the following:
1. the local and international accreditation of Harbours and the services they provide;
2. the validity of operating processes;
3. the infrastructure equipment and environmental requirements of Harbours; and
4. the security and public safety requirements of Harbours.
b. Harbours will be classified into the following categories:
1. Gold Class: Harbours that meet the maximum level of technical and operating standards.
2. Silver Class: Harbours that meet less than the maximum level of technical and operating standards.
3. Bronze Class: Harbours that meet the minimum level of technical and operating standards.
c. The DMCA will issue a Harbour with the appropriate Classification Certificate after conducting the Technical Inspection of the Harbour and verifying the level of technical and operating standards.
d. A Classification Certificate will be valid for a period of three (3) years. The certificate will remain valid as long as the Harbour meets the technical and operating standards of the relevant category unless it is established to the satisfaction of the DMCA that the Harbour no longer meets the classification conditions and requirements.
e. Notwithstanding the provisions of paragraph (a) of this Article, the DMCA may recognise any classification certificates issued by international classification agencies, and issue equivalent Classification Certificates.
a. Issuing a Validity Certificate will be subject to the following requirements:
1. The Marine Station must have been built in accordance with the engineering standards adopted by the Concerned Entities in the Emirate.
2. The necessary approvals must be obtained from the Concerned Entities in the Emirate.
3. The Marine Station must be operated by a specialised company or establishment that is licensed to operate in the Emirate.
4. The Marine Station must be fully equipped with the safety equipment prescribed by the DMCA.
5. Any other conditions or standards adopted by the DMCA must be met.
b. The DMCA will issue the Validity Certificate after conducting the technical inspection of the Marine Station and verifying compliance with the terms and standards 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 Owner of a Marine Station must renew the Validity Certificate within one (1) month from the date of its expiry after satisfying all the conditions and requirements prescribed for the renewal.
a. The DMCA will prepare a standard contract template for leasing Harbours. A Harbour lease contract must include the following details:
1. name of the lessor, i.e. the Owner of the Harbour; his personal details; and his place of residence;
2. name of the lessee, i.e. the owner of the Vessel; his personal details; and his place of residence;
3. the term, commencement date, and expiry date of the lease contract; and the lease consideration;
4. the spot dedicated for the Vessel berthing, and any additional services covered by the contract;
5. the Vessel type, tonnage, and measurements (length, beam, and draught);
6. the name, number, and nationality of the Vessel; and the validity of its navigation permit;
7. the obligations, duties, and responsibilities of the parties to the contract; and
8. the signatures of the parties to the contract or their legally authorised representatives.
b. The DMCA will attest the Harbour lease contract concluded by the parties in accordance with the system it adopts for this purpose.
a. An Owner must prepare periodic reports on the Harbour operation and management. He must create records containing the details of the contracts he concludes with the Harbour users; the number, categories, and nationalities of the Vessels berthed at the Harbour; the personal details of the owners of these Vessels; and the details of their voyages. These records must also contain the procedures followed by the Owner in training the Harbour staff on responding to accidents, complaints, and emergencies.
b. An Owner must retain the reports and records referred to in paragraph (a) of this Article for at least three (3) years, and must enable DMCA employees to access these reports and records.
The DMCA may, in
special and justifiable cases as dictated by the public interest and in accordance with the rules approved by the
Executive Director in this respect, exempt an Owner from certain requirements
or procedures for obtaining the Permit or Validity Certificate stipulated in
this Resolution, provided that this does not compromise the security and public
safety requirements; safety of navigation; or marine environmental protection in the Emirate.
All Owners in the Emirate must ensure that their Harbours and Marine
Stations come into compliance with the provisions of this Resolution
within one (1) year from its effective date. The DMCA may, where required,
extend this grace period once for the same period in accordance with the rules
approved by the Executive Director in this respect.
Persons who violate the provisions of this Resolution
will be punished by the penalties and fines stipulated in the above-mentioned
Executive Council Resolution No. (11) of 2013.
Any provision in any
other administrative 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.
Saeed bin Ahmed bin
Khalifa Al Maktoum
Executive Director
Dubai
Maritime City Authority
Issued in Dubai on 22 April 2021
Corresponding to 10 Ramadan 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.