Decree No. (34) of 2022

Establishing the Agencies Affiliated to the

Dubai Municipality and Determining their Functions[1]

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We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,

After perusal of:

Law No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;

Law No. (22) of 2015 Regulating Partnership between the Public Sector and the Private Sector in the Emirate of Dubai;

Law No. (8) of 2018 Concerning Management of the Government of Dubai Human Resources;

Law No. (8) of 2021 Concerning Human Resources Management of Executive Directors/ Chief Executive Officers in the Government of Dubai;

Resolution No. (39) of 2021 Concerning the Commissioner General for the Infrastructure, Urban Planning, and Well-being Pillar;

The Order of 1961 Establishing the Dubai Municipality;

Executive Council Resolution No. (43) of 2022 Approving the Organisational Structure of the Dubai Municipality;

The Orders Concerning Compliance with Public Health and Safety and Environment Protection in the Emirate of Dubai; and

The functions assigned to the Dubai Municipality under applicable legislation,

Do hereby issue this Decree.

Definitions

Article (1)

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

Emirate:

The Emirate of Dubai.

Executive Council:

The Executive Council of the Emirate of Dubai.

DM:

The Dubai Municipality.

Director General:

The director general of the DM.

Agency:

This includes any of the agencies established pursuant to this Decree and any other agency to be established at the DM pursuant to the applicable legislation.

CEO:

The chief executive officer of an Agency.

Establishment of Agencies

Article (2)

Pursuant to this Decree, the following Agencies are established at the DM as units within its organisational structure:

1.     the Environment, Health, and Safety Agency;

2.     the Public Facilities Agency;

3.     the Waste and Sewerage Agency; and

4.     the Buildings Regulation and Permits Agency.

Environment, Health, and Safety Agency

Article (3)

The Environment, Health, and Safety Agency of the DM will, in coordination with the concerned federal and local entities where required, have the duties and powers to:

1.     create, develop, and manage a system for environmental health and public and occupational safety, and for consumer and non-pharmaceutical product safety in the Emirate; and develop, in accordance with the best international practices adopted in this respect, the elements of that system, including legislation, technical and engineering  bylaws, standard specifications, information and technical manuals and guidelines, requirements, and rules;

2.     issue permits, approvals, and no-objection certificates for the activities related to the environment, health, and safety; and evaluate and register consumer and non-pharmaceutical products;

3.     monitor and inspect built environments, public and occupied buildings; and labour accommodation, as well as the performance of persons working therein, to address any matters related to environmental health and public and occupational safety. This includes, but are is limited to, monitoring and inspecting the internal air quality, ventilation systems, and water quality and systems, with a view to achieving the highest levels of quality of life;

4.     develop, promote, manage, and follow up environmental sustainability in the Emirate, including environmental impact assessments, plans for adaptation to climate change, and environmental control, with a view to ensuring the development of environmental sectors, the protection and development of natural resources, and the development of nature reserves and water resources;

5.     create, develop, and manage a food security system in the Emirate, in line with the national strategy for food security. This includes identifying the essential food products and the volume of their local consumption, assessing the capability to produce and manufacture these products, and determining the nutritional needs, with a view to ensuring sustainable local food production, facilitating international food trading, diversifying food import sources, devising alternative supply plans, and following up and supervising the implementation of these plans by the concerned entities;

6.     create, develop, and manage a food safety and applied nutrition system and develop the elements of that system, including legislation; technical bylaws; standard specifications; and specialised manuals, rules, and regulations, in accordance with the best international practices adopted in this respect;

7.     monitor and inspect food establishments, imported food, food handling and storing operations, and food and drinking water safety;

8.     manage and oversee animal markets and shops, abattoirs, and specialised veterinary laboratories;

9.     oversee cemeteries;

10.  monitor and control animal feed and fodder safety; control stray animals and public health pests; and qualify the companies working in these fields;

11.  develop and implement product conformity assessment programmes and systems, including testing, standardisation, and issuance of conformity certificates for products, to ensure that these products conform to the relevant specifications, requirements, and legislation;

12.  review and examine legal standards in line with the best international specifications and the legislation in force in the Emirate;

13.  develop and implement policies and plans for the protection of nature reserves, and conservation of marine and terrestrial fauna and flora biodiversity and ecosystems therein, with a view to ensuring effective management of these natural reserves;

14.  raise community awareness of the environmental sustainability and the practices that are detrimental to the environment;

15.  ensure that its services are integrated with the services of the Public Sector and Private Sector, and are aligned with its approved plans and projects; and

16.  exercise any other duties or powers assigned to it in accordance with the legislation in force in the Emirate.

Public Facilities Agency

Article (4)

The Public Facilities Agency of the DM will have the duties and powers to:

1.     supervise the historical and architectural heritage projects and sites in the Emirate; ensure the protection, periodical maintenance, and development of these projects and sites; develop the regulatory frameworks required for ensuring their optimal use; and raise awareness amongst community members of the importance of preservation of the same, with a view to enhancing the architectural heritage of the Emirate and ensuring its optimal utilisation;

2.     manage and supervise the DM facilities, including entertainment venues, public parks and beaches, and markets, with a view to ensuring its optimal and effective operation in accordance with best international standards and achieving the highest levels of happiness and welfare for community members;

3.     supervise, as required, the planning, design, and construction of the DM buildings, facilities, and structures; plan and implement maintenance and development works therein; and ensure their sustainability, in accordance with the best international standards adopted in this respect;

4.     supervise the works related to planning, designing, implementing, maintaining, and developing the buildings, facilities, and structures of Government Entities, upon their request, and hand over the same to the relevant beneficiaries, in accordance with the best international practices adopted in this respect;

5.     plan, design, construct, maintain, develop, and restore public facilities in the Emirate, including public markets, parks, and beaches; and similar facilities;

6.     supervise the planning, maintenance, and development of the green spaces and projects aimed at enhancing the aesthetic appeal of the Emirate and the beautification of its districts, in accordance with the applicable legislation;

7.     offer awareness programmes and engage community members to increase green and agricultural areas per capita in line with the urban master plan of the Emirate and with a view to supporting food security and safety, and welfare, in the Emirate;

8.     supervise the planning, design, implementation, and management of the public projects of the DM; propose innovative future and transformative projects; ensure that these projects conform to the best international standards and futuristic trends of building and design technologies; and implement them in partnership with the Private Sector in order to ensure their sustainability and optimal utilisation, with a view to achieving the highest levels of quality of life and welfare in the Emirate;

9.     supervise the implementation of beautification plans, programmes, projects, and standards in the Emirate in accordance with the applicable legislation and in coordination with the concerned organisational units of the DM and other concerned entities;

10.  regulate and censor advertisements in the Emirate in accordance with the functions assigned to the DM pursuant to the legislation in force in the Emirate;

11.  ensure that its services are integrated with the services of the Public Sector and Private Sector, and are aligned with its approved plans and projects; and

12.  exercise any other duties or powers assigned to it in accordance with the legislation in force in the Emirate.

Waste and Sewerage Agency

Article (5)

The Waste and Sewerage Agency of the DM will have the duties and powers to:

1.     supervise the planning, design, and implementation of the infrastructure projects for sewerage, surface water, and reclaimed water in the Emirate; protect, maintain, and develop these projects; and develop the required frameworks to ensure their safety, in line with the relevant quality assurance requirements and with a view to ensuring their optimal utilisation achieving the highest levels of quality of life, in accordance with the best international standards adopted in this respect;

2.     prepare the plans required for the development of sewerage and reclaimed water projects, networks, and plants, including treatment plants and pumping stations, with a view to ensuring that they cover all areas of the Emirate; meet the requirements for irrigation water, and for rainwater and surface water harvesting and treatment; and propose creative ideas and projects that ensure the optimal utilisation and sustainability of the same;

3.     devise, develop, plan, design, and follow up the implementation of the strategies, policies, studies, systems, projects, legislation, and standards pertaining to waste management and treatment in the Emirate; and provide the best means and technologies required for recycling and reusing waste, with a view to meeting the highest standards of circular economy in the Emirate and in accordance with the best standards international adopted in this respect;

4.     raise community awareness on rationalising the consumption of available resources and on recycling;

5.     manage, operate, and maintain sewerage water, surface water, and reclaimed water networks and pumping stations, and waste and sewerage treatment plants and facilities in the Emirate, in accordance with the best international practices, standards, and indicators adopted in this respect and with a view to achieving the highest levels of safety, health, environment, and quality of life;

6.     prepare, develop, plan, design, supervise, and follow up the implementation of, the strategies, policies, studies, systems, projects, legislation, and standards pertaining to sewerage and reclaimed water services in the Emirate; and develop the governance and audit frameworks required to ensure achievement of the highest levels of quality and sustainability in providing the community with these services;

7.     ensure that its services are integrated with the services of the Public Sector and Private Sector, and are aligned with its approved plans and projects; and

8.     exercise any other duties or powers assigned to it under the legislation in force in the Emirate.

Buildings Regulation and Permits Agency

Article (6)

The Buildings Regulation and Permits Agency of the DM will, in coordination with the concerned entities, have the duties and powers to:

1.     create, develop, and manage a system for construction and building in the Emirate and for issuing the relevant licences and permits; and develop the relevant legislation, engineering standards and specifications, and construction, operation, maintenance, and demolition regulations and methods applicable throughout all construction phases, in accordance with the quality-of-life requirements and the best international practices adopted in this respect;

2.     create and develop a system for registration, evaluation, and classification of engineers, engineering professionals, engineering consultancy firms, the contracting companies, the companies working in fields related to construction materials and systems, and the companies involved in construction works in the Emirate, audit and inspect the same to verify compliance with this system;

3.     create and develop, in coordination with the Environment, Health, and Safety Agency of the DM, a system for occupational safety and for auditing construction activities; develop the elements of that system, including the legislation, standards, requirements, and conditions ensuring the proper implementation of the system; monitor and inspect under-construction buildings, construction and demolition works, service connection works, and permanent and temporary buildings and structures; and issue completion certificates for these works and structures;

4.     issue permits for the use of vacant and other land and buildings; and inspect these land and buildings, in accordance with the applicable legislation and the relevant adopted standards, requirements, and specifications;

5.     create and develop a land and marine survey system; carry out topographic and detailed field survey works; manage and develop operations for land demarcation, grid levelling, survey control points and networks, and tidal station systems; and manage and develop the relevant databases;

6.     conduct seismological and geological studies; and manage reference stations, seismic and meteorological monitoring stations, geodetic survey systems, and relevant databases;

7.     manage and update maps and ensure their sustainability and accuracy; issue land maps and the relevant geographic and geospatial information; offer the relevant services; and manage the relevant supporting technical infrastructure;

8.     create, develop, and supervise the implementation of a system for classification and regulation of land and beach use in the Emirate; issue the relevant planning permits; allocate land for various uses as per the approved plans and the urban master plan of the Emirate;

9.     develop and ensure the sustainability of planning and statistical databases, and conduct analytical studies for the planning and statistical data and information;

10.  ensure that its services are integrated with the services of the Public Sector and Private Sector, and are aligned with its approved plans and projects; and

11.  exercise any other duties or powers assigned to it under the legislation in force in the Emirate.

Executive Body of the Agency

Article (7)

The executive body of the Agency will be comprised of a CEO, and a number of administrative and technical Employees to whom the above-mentioned Law No. (8) of 2018 and the resolutions issued in pursuance thereof apply.

CEOs of Agencies

Article (8)

a.     Each Agency will have a CEO appointed pursuant to a resolution issued by the Chairman of the Executive Council. The CEOs will be governed by the above-mentioned Law No. (8) of 2021 and the resolutions issued in pursuance thereof.

b.    A CEO will, under the supervision of the Director General, manage the Agency and ensure that it exercises its duties and powers under this Decree, the resolutions issued in pursuance hereof, and other legislation in force in the Emirate in an effective and efficient manner. For this purpose, the CEO will have the duties and powers to:

1.     devise and develop the general policy and operational and development plans of the Agency, and follow up their implementation upon approval of the same as part of the overall strategic plan of the DM;

2.     prepare, review, analyse, and implement the operational and action plans of the Agency and its strategic initiatives, including projects and programmes; prepare its annual budgets; and submit the same to the Director General for approval;

3.     propose and determine the legislative needs of the Agency in relation to its work; and submit the same to the Director General for approval, in preparation for final approval by the competent authority in the Emirate;

4.     approve the circulars and implementing resolutions regulating the technical, administrative, and financial work of the Agency, within the powers delegated to him in this respect;

5.     propose the draft organisational structure, annual budget, and financial statements of the Agency; submit the same to the Director General for approval, in preparation for final approval by the competent entities in the Emirate;

6.     supervise the technical, financial, and administrative performance of the Agency; and submit the relevant reports to the Director General to issue the relevant directives as he deems appropriate;

7.     propose the fees of the Agency and the charges for the services, and prices for the products, it provides; and submit the same to the Director General for approval in preparation for their final approval by the competent entity in the Emirate;

8.     conclude, in accordance with the legislation in force in the Emirate and within the powers assigned to him in this respect, contracts, agreements, and memoranda of understanding with internal and external parties in fields related to the work of the Agency;

9.     supervise performance by the executive body of the Agency of its duties under this Decree, the resolutions issued in pursuance hereof, and other legislation in force in the Emirate; and submit the relevant periodic reports to the Director General to issue the relevant directives as he deems appropriate;

10.  prepare reports on the policies, plans, programmes, and projects of the Agency as well as periodic reports on its achievements and activities; and submit the same to the Director General to issue the relevant directives as he deems appropriate;

11.  promote institutional relationships with the concerned agencies, sectors, and organisational units of the DM; and with concerned local and federal partners and entities, with a view to achieving the objectives of the DM; and

12.  exercise any other duties or powers assigned or delegated to him by the Director General.

Service Agreement

Article (9)

The relationship between the DM and the Agency will be regulated and administered pursuant to a service agreement which determines the strategic objectives of the Agency. These objectives must be aligned with the general goals of the DM. The service agreement will also state its term, the duties of the parties, the framework of joint work between the DM and the Agency, the administrative and financial support to be provided by the DM to the Agency, and the administrative and financial approval powers of the CEO.

Submitting Periodic Reports

Article (10)

The Director General will, in coordination with the Commissioner General for the Infrastructure, Urban Planning, and Well-Being Pillar, submit to the Executive Council periodic reports on the performance of the Agency and the outcome of review of its performance indicators. The Executive Council will review these reports and take the appropriate action in this respect.

Issuing Implementing Resolutions

Article (11)

The Chairman of the Executive Council will issue the resolutions required for the implementation of the provisions of this Decree.

Repeals

Article (12)

Any provision in any other legislation is hereby repealed to the extent that it contradicts the provisions of this Decree.

Commencement and Publication

Article (13)

This Decree comes into force on the day on which it is issued, and will be published in the Official Gazette.

Mohammed bin Rashid Al Maktoum

Ruler of Dubai

Issued in Dubai on 13 October 2022

Corresponding to 17 Rabi al-Awwal 1444 A.H.



©2023 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.