Administrative
Resolution No. (5) of 2022
Concerning the Green and Black Point
System of the Dubai Electricity and Water Authority[1]
ـــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــ
The Managing Director and
Chief Executive Officer of the Dubai Electricity and Water Authority PJSC,
After perusal of:
Law No. (6) of 2011 Regulating Participation of the Private Sector in Electricity and Water Production in the Emirate of Dubai;
Law No. (6) of 2015 Concerning Protection of the Public Electricity and Water Network 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.
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. |
|
System: |
The Green and Black Point System of DEWA. |
|
Public Network: |
All stations, machinery, equipment, systems, and Service Lines and their appurtenances, which are owned or managed by DEWA, including the Telecommunication Network. |
|
Authorisation: |
A document issued by DEWA authorising its holder to perform works or conduct activities, as stipulated therein, near the Public Network, which may be negatively affected by such works or activities. |
|
Person: |
A natural person or a public or private legal person. |
|
Authorisation Holder: |
A Person who holds an Authorisation. |
|
Violator: |
A Person who commits any of the violations stipulated in the Law or this Resolution, and who receives Black Points as set out in Schedule (1) attached hereto. |
|
Points: |
The Green Points and the Black Points. |
|
Green Points: |
A number of positive points granted to an Authorisation Holder for his compliance with DEWA regulations and for exceeding expectations in performing works, as set out in Schedule (2) attached hereto. |
|
Black Points: |
A number of negative points imposed on an Authorisation Holder in consequence of committing any of the violations set out in Schedule (1) attached hereto. |
|
Cumulative Limit: |
A number of Black Points that requires, when reached, taking the measures set out in Schedule (3) attached hereto against a Violator. |
|
Points Register: |
An electronic register for recording the number of Green Points earned by, and Black Points imposed on, each Authorisation Holder since the commencement of his works or activities. |
|
Concerned Unit: |
The technical unit of DEWA in charge of implementing the System. |
|
Committee: |
A committee comprised of the competent technical departments assigned to supervise the implementation of the System. |
The provisions of this Resolution apply to Authorisation Holders and Violators.
The Concerned Unit will create the Points Register, and will calculate Points in accordance with the following standards and requirements:
a. Black Points:
2. Black Points will accrue as of the date of first violation.
3. Black Points will be removed where the Violator does not repeat the same violation within one (1) year from the date of recording these Points.
b. Green Points:
1. The number of Green Points to be earned for each instance of compliance will be determined as per Schedule (2) attached hereto.
2. Green Points will accrue as of the date of the first instance of compliance.
3. Green Points will be removed after one (1) year from the date of recording them.
The Concerned Unit will grant privileges and take measures for the accrual of Points as follows:
a. Measures will to be taken in respect of Black Points as set out in Schedule (3) attached hereto and subject to the following:
1. Where the number of Black Points reaches the Cumulative Limit of eighteen (18) Points in a year, the Violator will be classified under Category A.
2. Where the number of Black Points reaches the Cumulative Limit of thirty-five (35) Points in a year, the Violator will be classified under Category B.
3. Where the number of Black Points reaches the Cumulative Limit of forty-eight (48) points in a year, the Violator will be classified under Category C.
b. Privileges will to be granted in respect of Green Points as set out in Schedule (2) attached hereto and subject to the following:
1. The Green Points that entitle an Authorisation Holder to privileges are those exceeding the number of Black Points within a year from the date of recording them.
2. Subject to the provisions of sub-paragraph (b)(1) of this Article, where the number of the Green Points exceeding the Black Points reaches the cumulative limit of fifty (50) Points in a year, the Authorisation Holder will be eligible for receiving a recommendation from the Committee to conclude a settlement in respect of no more than fifty percent (50%) of the fines imposed on him, in accordance with the provisions of the Law and the rules prescribed in the above-mentioned Administrative Resolution No. (4) of 2021.
3. Subject to the provisions of sub-paragraph (b)(2) of this paragraph, where the number of the Green Points exceeding the Black Points is less than the cumulative limit of fifty (50) Points in a year, the Authorisation Holder will be eligible for receiving a recommendation from the Committee, at its discretion, to conclude a settlement in respect of no more than thirty percent (30%) of the fines imposed on him.
a. A committee named the “Committee for Overseeing the Implementation of the Green and Black Points System” will be established pursuant to a resolution of the CEO. The Committee will be comprised of five (5) members, including the chairman and the vice chairman, from the competent technical sectors of DEWA.
b. The Committee will be convened at the invitation of its chairman at the time and place determined by him. Committee meetings will be valid if attended by the majority of its members, provided that the Committee chairman or vice chairman is in attendance.
c. Resolutions and recommendations of the Committee will be passed by majority vote of its attending members; and in the event of a tie, the chairman of the Committee will have a casting vote.
d. Meetings of the Committee will be documented in minutes signed by the chairman and members of the Committee.
e. A rapporteur will be appointed to the Committee by its chairman. The rapporteur will be responsible for sending meeting invitations to members of the Committee, preparing its meeting agendas, recording its minutes of meetings, and performing any other duties assigned to him by the chairman of the Committee.
The Committee will have the duties and powers to:
1. issue recommendations on privileges to conclude settlements based on Green Points; and refer the same to the Concerned Unit for submission to the CEO or his authorised representative for approval, in accordance with the provisions of above-mentioned Administrative Resolution No. (4) of 2021;
2. issue recommendations to grant additional privileges to Authorisation Holders who receive a number of Green Points exceeding that of the Black Points imposed on them;
3. receive and determine the grievances filed by Authorisation Holders in respect of the Points earned by or imposed on them. The decisions of the Committee in respect of these grievances will be final upon approval of the CEO; and
4. exercise any other duties or powers assigned to it by the CEO.
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.
|
SN |
Section
1 |
Black
Points |
|
||
|
Violation |
Power
Transmission Sector |
Water
and Civil Engineering Sector |
Production
Sector (Power and Water) |
||
|
1 |
Using machinery within a distance of less
than 10 metres from fuel
pipelines without obtaining a no-objection certificate or a works permit from
DEWA |
|
|
20 |
|
|
2 |
Carrying out works, without using machinery, within a distance of less than 10 metres from fuel pipelines without obtaining a
no-objection certificate or a works permit from DEWA |
|
|
5 |
|
|
3 |
Carrying out works within a distance of less than 10 metres from water
pipelines located within production plants without obtaining a no-objection
certificate from DEWA |
|
|
5 |
|
|
4 |
Committing a reckless act in the vicinity of DEWA property in a manner that compromises the safety of that property or any individuals
present therein, or the safety
of the services that DEWA provides. This includes driving recklessly or operating machinery in
violation of
the terms of the no-objection certificate issued by DEWA |
|
|
10 |
|
|
5 |
Carrying out works within a distance of 10 to
20 metres from fuel
pipelines without obtaining a
no-objection certificate or a works
permit from DEWA |
|
|
5 |
|
|
6 |
Causing partial damage to a fuel pipeline without causing pipeline
service disruption, whether or not the relevant works are carried out under a no-objection certificate or a works permit issued by DEWA |
|
|
15 |
|
|
7 |
Causing damage to a fuel pipeline resulting in fuel leakage or pipeline service
disruption, whether or not the relevant works are carried out under a no-objection certificate or a works
permit issued by DEWA |
|
|
48 |
|
|
8 |
Causing partial damage to a water
pipeline without causing pipeline service disruption, whether or not the relevant works are carried out under a no-objection certificate or a works
permit issued by DEWA |
|
|
5 |
|
|
9 |
Causing damage to a water pipeline located within
a production plant resulting in
water leakage or pipeline service disruption, whether or not the relevant works are carried out under a no-objection certificate or a works
permit issued by DEWA |
|
|
20 |
|
|
10 |
Carrying out any works or conducting
any activity near the Public Network without obtaining a valid Authorisation from DEWA |
9 |
5 |
|
|
|
11 |
Carrying out any works in the areas
designated for DEWA services without obtaining a valid Authorisation from DEWA |
9 |
5 |
|
|
|
12 |
Failure by an Authorisation Holder to
comply with the terms of the Authorisation |
9 |
4 |
|
|
|
13 |
Failure by an Authorisation Holder to keep
the Authorisation on the work site |
7 |
4 |
|
|
|
14 |
Failure by an Authorisation Holder to
appoint a specialised Person to supervise the works performed on the work
site, or failure by that
specialised Person to be present
on the site throughout the period of work |
7 |
2 |
|
|
|
15 |
Commencement by an Authorisation Holder of
levelling works or of actual works on the site without notifying DEWA of the
work schedule or without observing the prescribed 48 hours' notice period |
7 |
4 |
|
|
|
16 |
Failure by an Authorisation Holder to
take all necessary actions and measures to protect and maintain the safety of
the Public Network in accordance with the relevant standards approved by DEWA |
7 |
4 |
|
|
|
17 |
Performance by an Authorisation Holder of his
works on the site contrary to the plans
and schedule approved by DEWA |
7 |
2 |
|
|
|
18 |
Causing damage to, or compromising the safety of, the Public Network |
9 |
7 |
|
|
|
19 |
Failure to promptly notify DEWA where the
works of the Authorisation Holder intersect with the Public Network, or where
any damage is caused to the Public Network |
7 |
4 |
|
|
|
20 |
Failure by a Violator to remedy his
violation within the grace period prescribed by DEWA |
7 |
4 |
|
|
|
21 |
Failure to supply a cable detector on the
work site |
7 |
2 |
|
|
|
22 |
Commencing work on the site before
conducting the drilling tests prescribed by DEWA |
7 |
2 |
|
|
|
23 |
Failure to install temporary information
signs on the work site indicating cable and water pipeline routes |
7 |
2 |
|
|
|
24 |
Breach of the obligations prescribed
under Article (7) of the Law by owners or occupants of real property located
in zones in which DEWA decides to provide its services |
|
3 |
|
|
|
25 |
Performing any of the prohibited acts
stipulated in Article (8) of the Law |
9 |
5 |
|
|
|
26 |
Failure to implement a work suspension
order issued by DEWA or by any of its competent employees |
9 |
5 |
|
|
|
27 |
Obstructing the work of DEWA employees or any
Persons authorised by DEWA to perform inspections |
9 |
5 |
|
|
|
28 |
Performing any act, other than the
violations stated in this Schedule, in breach of the provisions of the Law
and the resolutions issued in pursuance thereof |
5 |
2 |
|
|
|
SN |
Section 2 |
||||
|
a. Damage to Electricity
Infrastructure |
Power
Transmission Sector |
Power
Distribution Sector |
Production
Sector (Electricity and Water) |
||
|
1 |
Single-phase Electricity Meter |
|
3 |
|
|
|
2 |
Three-phase Electricity Meter |
|
3 |
|
|
|
3 |
Low-voltage Cable |
|
5 |
|
|
|
4 |
33kV PVC Cable |
|
7 |
|
|
|
5 |
11kV High-voltage Cable |
|
7 |
|
|
|
6 |
33kV High-voltage Cable |
|
7 |
|
|
|
7 |
Control Cable for 33kV High-voltage
Transmission Line |
|
7 |
|
|
|
8 |
11kV Overhead Power Line |
|
5 |
|
|
|
9 |
33kV Overhead Power Line |
|
7 |
|
|
|
10 |
Distribution Substation (one oil-type 1000 kVA transformer) |
|
8 |
|
|
|
11 |
Distribution Substation (two oil-type 1000 kVA transformers) |
|
8 |
|
|
|
12 |
Distribution Substation (one oil-type 500 kVA transformer) |
|
8 |
|
|
|
13 |
Distribution Substation (two oil-type transformers with 1000 kVA high-voltage meter) |
|
8 |
|
|
|
14 |
Self-protected 1000 kVA Distribution
Substation |
|
8 |
|
|
|
15 |
Self-protected 500 kVA Distribution
Substation |
|
8 |
|
|
|
16 |
Self-protected Distribution Substation
with an Internal 1000 kVA Transformer |
|
8 |
|
|
|
17 |
1500 kVA 11-6.6/ 0.4 kV Dry-type Transformer (dual ratio) with Lid and a Low-voltage Meter |
|
8 |
|
|
|
18 |
1500 kVA-11/ 0.4 kV Dry-type Transformer (single ratio) with Lid and a Low-voltage Meter |
|
8 |
|
|
|
19 |
1000 kVA-11/ 0.4 kV Dry-type Transformer (single ratio) with Lid and a Low-voltage Meter |
|
8 |
|
|
|
20 |
1000 kVA-11-6.6/
0.4 kV Dry-type Transformer (dual ratio)
with Lid and a
Low-voltage Meter |
|
8 |
|
|
|
21 |
1500 kVA-11-6.6/
0.4 kV Dry-type Transformer (dual ratio)
with Lid and a
Low-voltage Meter |
|
8 |
|
|
|
22 |
1500 kVA-11/ 0.4 kV Dry-type Transformer (dual ratio) with Lid and a Low-voltage Meter |
|
8 |
|
|
|
23 |
11 kV SF6 Gas Insulated Ring Main Unit for
One 3-phase Transformer, (non-extensible) |
|
8 |
|
|
|
24 |
11 kV SF6 Gas Insulated Ring Main Unit
for Two 4-phases Transformers(non-extensible), |
|
8 |
|
|
|
25 |
11 kV SF6 Gas-insulated load Break Switch
Unit (extensible) |
|
8 |
|
|
|
26 |
11kV Busbar Metering Unit (extensible) |
|
8 |
|
|
|
27 |
1600 Amp Low Voltage Distribution Panel (8 feeders) |
|
8 |
|
|
|
28 |
2400 Amp Low Voltage Distribution
Panel, (12 feeders) |
|
8 |
|
|
|
29 |
100 Amp Mini Distribution Pillar (6 feeders) |
|
7 |
|
|
|
30 |
200 Amp Mini Distribution Pillar (4 feeders) |
|
7 |
|
|
|
31 |
Overhead Lines 100 kVA, 11/0.4 kVA Oil-type
Transformer(single ratio) |
|
7 |
|
|
|
32 |
Overhead Lines 100 kVA, 11/0.4 kVA
Oil-type Transformer (dual ratio) |
|
7 |
|
|
|
33 |
15.5 kV, 560 Amp Mounted Automatic Switch |
|
7 |
|
|
|
34 |
22 kV High Voltage Cable |
|
7 |
|
|
|
35 |
132 kV High Voltage Power Cable (without causing power outage) |
35 |
|
|
|
|
36 |
132 kV Oil-type High Voltage Cable (causing power
outage) |
48 |
|
|
|
|
37 |
Distribution Substation, 1500 kVA Oil-type
Transformer |
|
8 |
|
|
|
38 |
Self-protected Distribution Substation,
1500 kVA Oil-type Transformer |
|
7 |
|
|
|
39 |
400 kV Overhead High Voltage () Power Lines
(Electricity Pylon) (without causing a
power outage) |
35 |
|
|
|
|
40 |
400 kV Overhead High Voltage Power Lines
(Electricity Pylon) (causing power outage) |
48 |
|
|
|
|
41 |
132 kV Overhead High Voltage Power Lines
(Electricity Pylon) (without
causing
power outage) |
35 |
|
|
|
|
42 |
132 kV Overhead High Voltage Power Lines
(Electricity Pylon) (causing power outage) |
48 |
|
|
|
|
43 |
400 kV Underground High Voltage Cable Lines (without causing power outage) |
35 |
|
|
|
|
44 |
400 kV Underground High Voltage Cable Lines (causing power
outage) |
48 |
|
|
|
|
45 |
132 kV XLPE Underground High Voltage Cable Lines (without causing power outage) |
35 |
|
|
|
|
46 |
132 kV XLPE Underground High Voltage 132 kV XLPE
Cable Lines (causing power outage) |
48 |
|
|
|
|
47 |
132 kV Overhead Transmission Line Conductors (without causing power outage) |
35 |
|
|
|
|
48 |
132 kV Overhead Transmission Line
Conductors (causing power outage) |
48 |
|
|
|
|
49 |
400 kV Overhead Transmission Line Conductors (without causing power outage) |
35 |
|
|
|
|
50 |
400 kV Overhead Transmission Line
Conductors (causing power outage) |
48 |
|
|
|
|
51 |
132 kV Link Box |
9 |
|
|
|
|
52 |
Standard Size Transformer Room (glass-fibre-reinforced plastic) |
|
8 |
|
|
|
53 |
Extra Large Transformer Room (glass-fibre-reinforced plastic) |
|
8 |
|
|
|
54 |
Standard Size Transformer Room (metal) |
|
8 |
|
|
|
55 |
Extra Large Transformer Room (metal) |
|
8 |
|
|
|
56 |
Distribution Substation Building (requiring total
reconstruction) |
|
8 |
|
|
|
57 |
Distribution Substation Building (requiring minor repairs) |
|
8 |
|
|
|
58 |
Distribution Substation Building (requiring
major repairs) |
|
8 |
|
|
|
59 |
11 kV/ 6.6 kV Cable PVC Outer Sheath |
|
7 |
|
|
|
60 |
Fibre Optic Cable Troughs |
|
5 |
|
|
|
61 |
DEWA Electricity Cable Trough |
|
5 |
|
|
|
SN |
b. Damage to Water Infrastructure |
Power
Transmission Sector |
Power
Distribution Sector |
Production
Sector (Electricity and Water) |
|
|
1 |
15 mm to 50 mm Pipe |
|
|
5 |
|
|
2 |
51 mm to 75 mm Pipe |
|
|
5 |
|
|
3 |
76 mm to 100 mm Pipe |
|
|
5 |
|
|
4 |
101 mm to 150 mm Pipe |
|
|
5 |
|
|
5 |
151 mm to 225 mm Pipe |
|
|
5 |
|
|
6 |
226 mm to 300 mm Pipe |
|
|
5 |
|
|
7 |
301 mm to 550 mm Pipe |
|
|
6 |
|
|
8 |
551 mm to 600 mm Pipe |
|
|
6 |
|
|
9 |
600 mm to 900 mm Pipe |
|
|
7 |
|
|
10 |
901 mm to 1200 mm Pipe |
|
|
7 |
|
|
11 |
Pipe with Diameter Exceeding 1200 mm |
|
|
9 |
|
|
12 |
Transmission Valve Chamber |
|
|
6 |
|
|
13 |
Distribution Valve Chamber or Outer Box |
|
|
5 |
|
|
14 |
Meters Chamber |
|
|
5 |
|
|
15 |
15 mm AMI Smart Water Meter |
|
|
3 |
|
|
16 |
25 mm AMI Smart Water Meter |
|
|
3 |
|
|
17 |
50 mm AMI Smart Water Meter |
|
|
4 |
|
|
18 |
80 mm AMI Smart Water Meter |
|
|
5 |
|
|
19 |
100 mm AMI Smart Water Meter |
|
|
5 |
|
|
20 |
150 mm AMI Smart Water Meter |
|
|
6 |
|
|
21 |
200 mm AMI Smart Water Meter |
|
|
6 |
|
|
22 |
300 mm AMI Smart Water Meter |
|
|
7 |
|
|
SN |
c.
Damage to the Telecommunication Network |
Power
Transmission Sector |
Power
Distribution Sector |
Production
Sector (Electricity and Water) |
|
|
1 |
Fiber Optic Cable |
35 |
7 |
7 |
|
|
2 |
Standard Size Fiber Optic Cables Box (without devices) |
|
|
5 |
|
|
3 |
Large Size Fiber Optic Cables Box (without devices) |
|
|
6 |
|
|
SN |
Green Points |
Number of Points |
|
1 |
Satisfying DEWA inspectors and engineers' risk assessment and avoidance requirements in emergencies, such as Covid 19 pandemic |
5 |
|
2 |
Completing major projects without receiving any warning from DEWA |
5 |
|
3 |
Compliance by the contractor with the standard procedures for protecting assets in the vicinity of the project site, such as deploying security patrols and appointing a safety engineer |
4 |
|
4 |
Providing support in repairing breakdowns in emergencies |
4 |
|
5 |
Reporting any of DEWA assets that are not shown on the Geographic Information System drawings, outlining their routes, preparing the relevant as-built drawings, and presenting the same to DEWA to update the Geographic Information System |
4 |
|
6 |
Providing all necessary documents, as-built drawings, and completion certificates within the time frame, and as per the requirements, prescribed by DEWA |
4 |
|
7 |
The Contractor exceeding the standard requirements for protecting the Infrastructure |
4 |
|
8 |
Reporting violations and accidents committed by others and affecting DEWA assets |
4 |
|
9 |
Submitting proposals on cost-effective alternative working methods in the course of conducting activities related to DEWA assets |
3 |
|
10 |
Presenting reports to DEWA engineers on risks and accidents outside the scope of the project |
3 |
|
11 |
Proposing creative ideas and alternative practical solutions to protect DEWA assets and services during the implementation of projects |
3 |
|
12 |
Complying with the terms of the no-objection certificate issued, and the schedule prescribed, by DEWA in respect of its assets (including those related to the protection, transmission, reduction of levels, and diversions) |
2 |
|
13 |
Delivering, in the presence of DEWA representatives, training and awareness workshops on the protection of DEWA assets for workers in the project site |
2 |
|
Description |
Category A |
Category B |
Category C |
|
Recording 18 Black Points in a year |
Recording 35 Black Points in a year |
Recording 48 Black Points in a year |
|
|
Measures |
1. Suspending the contractor's works at the sites in which violations are committed for the period prescribed by the competent department of DEWA 2. Notifying DEWA departments of the violation committed by the contractor to take the necessary action |
1.
Terminating all works at a
specific project 2.
Suspending the validity of all
no-objection certificates issued in respect of the project until all the
requirements prescribed by DEWA are satisfied 3.
Notifying DEWA departments of the
violation to take the necessary action against the contractor 4.
Holding a meeting between the
concerned department of DEWA and the customers (public or private entities),
contractors, and consultants to agree on the measures that must be taken to
ensure non-recurrence of violations 5.
Replacing the engineer,
supervisor, and safety engineer of the project with others as approved by the
concerned department of DEWA 6.
Requiring the preparation of a
construction work plan by the contractor or the consultant for the works to
be implemented near the 132/ 400kV overhead power lines of DEWA and
submission of the same to the concerned department for consideration and
approval |
1. Suspending the contractor's works at the sites in which violations are committed, and revoking all the no-objection certificates issued in respect of the project for the period prescribed by the concerned department 2. Ceasing the issuance of no-objection certificates to the contractor 3. Notifying DEWA departments of the violation to take the necessary action against the contractor 4. Holding a meeting between the concerned department of DEWA and the customers (public or private entities), contractors, and consultants to agree on the measures that must be taken to ensure non-recurrence of violations 5. Engaging a new contractor approved by DEWA to complete works at the site in which violations are committed 6. Requiring the preparation of a construction work plan by the contractor or the consultant for works to be implemented near the 132/ 400kV overhead power lines of DEWA and submission of the same to the concerned department for consideration and approval |
©2022 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.