Administrative Resolution No. (3) of 2022

Approving the Standards and Procedures for

Estimating Compensation for the Damage Sustained by the Public

Electricity and Water Network in the Emirate of Dubai ^{^[1]}

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The Managing Director and Chief Executive Officer of the Dubai Electricity and Water Authority PJSC,

After perusal of:

Law No. (6) of 2015 Concerning Protection of the Public Electricity and Water Network in the Emirate of Dubai;

Law No. (6) of 2011 Regulating Participation of the Private Sector in Electricity and Water Production in the Emirate of Dubai;

Law No. (27) of 2021 Concerning the Dubai Electricity and Water Authority; and

Administrative Resolution No. (4) of 2021 Approving the Rules for Concluding Settlements in Respect of the Fines Imposed under Law No. (6) of 2015 Concerning Protection of the Public Electricity and Water Network in the Emirate of Dubai,

Does hereby issue this Resolution.

Definitions

Article (1)

The following words and expressions, wherever mentioned in this Resolution, will have the meaning indicated opposite each of them unless the context implies otherwise:

DEWA:	The Dubai Electricity and Water Authority PJSC.
CEO:	The managing director and chief executive officer of DEWA.
Law:	Law No. (6) of 2015 Concerning Protection of the Public Electricity and Water Network in the Emirate of Dubai.
Public Network:	All stations, machinery, equipment, systems, and Service Lines and their appurtenances, which are owned or managed by DEWA, including the Telecommunication Network.
Service Lines:	Land, marine, and aerial water and electricity transmission and distribution lines and their appurtenances, which are owned or managed by DEWA.
Violator:	A natural or legal person who commits any of the violations stipulated in the Law.
Concerned Unit:	The technical unit of DEWA in charge of protecting the Public Network.

Compensation for Damage

Article (2)

a. Without prejudice to the penalties and measures prescribed by the Law, a Violator will be liable to compensate DEWA for the damage caused by him to the Public Network. The amount of compensation will be determined by DEWA and will include an additional ten percent (10%) of the damages as administrative charges. The estimation of compensation by DEWA will be final.

b. The compensation referred to in paragraph (a) of this Article does not cover:

1. the fine imposed on the Violator;

2. the price of the electricity or water stolen by him or lost as a result of the violation; and

3. the administrative charges prescribed by the Law or any fees otherwise payable by the Violator.

Standards for Determining Compensation for Damage

Article (3)

The amount of compensation for any damage to the Public Network will be determined in accordance with the following standards and rules:

1. the extent of damage sustained by the Public Network;

2. the time frame required to remedy the damage sustained by the Public Network;

3. the cost of repairing or replacing the damaged parts of the Public Network;

4. the cost of labour required to restore the Public Network to its original condition; and

5. any other standards determined by the CEO or his authorised representative.

Procedures for Estimating Compensation for Damage

Article (4)

In estimating compensation for the damage sustained by the Public Network, the following procedures will apply:

1. The Concerned Unit will determine the damage sustained by the Public Network and estimate the relevant compensation in accordance with the standards stipulated in Article (3) hereof.

2. The Concerned Unit will submit its recommendations in respect of the compensation for the damage sustained by the Public Network to the Legal Affairs Department and Finance Department of DEWA for financial and legal review and audit, and subsequent submission to the CEO or his authorised representative for approval.

3. The Legal Affairs Department will notify the Violator of the amount of compensation payable by him, and the deadline and method of payment of the same. Where the Violator fails to pay the compensation amount, he will be deemed in default of payment, and the relevant legal and judicial proceedings will be initiated against him.

Publication and Commencement

Article (5)

This Resolution will be published in the Official Gazette and will come into force on the day on which it is published.

Saeed Mohammed Al Tayer

Managing Director and Chief Executive Officer
Dubai Electricity and Water Authority PJSC

Issued in Dubai on 30 June 2022

Corresponding to 1 Thu al-Hijjah 1443 A.H.

[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.