Administrative
Resolution No. (1) of 2023
Prescribing the
Requirements and Procedures for Issuing
Permits,
Approvals, and Certificates Related to Marine
Navigational Aids
in the Emirate of Dubai[1]
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The Executive
Director of the Dubai Maritime Authority,
After
perusal of:
Law No. (3) of 2023
Concerning the Dubai Maritime Authority;
Executive Council Resolution
No. (63) of 2016 Concerning Marine Navigational Aids in the Emirate of Dubai;
and
Administrative Resolution No.
(3) of 2019 Prescribing the Requirements and Procedures for Issuing and
Renewing Permits, Approvals, and Certificates Related to 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. |
|
DMA: |
The Dubai Maritime Authority. |
|
Resolution: |
Executive Council Resolution No.
(63) of 2016 Concerning Marine Navigational Aids in the Emirate of Dubai. |
|
Marine Navigational Aids: |
Buoys,
or fixed objects positioned on the coastline, which are used to determine
speed limits and navigation routes, to provide warnings to maritime vessels,
and to guide them to safe navigation areas, through their colour and shape codes
in daylight and through their flashing light at night. These include
lighthouses. |
|
System: |
The
Marine Navigational Aids system adopted by the International Association of
Marine Aids to Navigation and Lighthouse Authorities (IALA) to enhance
maritime navigation safety (known as “IALA-A”). |
|
Activity: |
The
installation, maintenance, and removal of Marine Navigational Aids. |
|
Establishment: |
A
company or corporation which is authorised by the DMA pursuant to the
Resolution to conduct the Activity, and which is licensed by the concerned
licensing authority to conduct a commercial activity. |
|
Permit: |
A
document issued by the DMA in accordance with the Resolution and this
Resolution authorising an Establishment to conduct the Activity in the
Emirate. |
|
Approval: |
A
document issued by the DMA in accordance with the Resolution and this
Resolution authorising the installation, maintenance, or removal of any of
the Marine Navigational Aids specified by the System. |
|
Validity Certificate: |
A
document issued by the DMA in accordance with the Resolution and this
Resolution confirming the validity of the Marine Navigational Aids specified
in the System. |
|
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, such as Ports, harbours,
marinas, canals, waterways, and creeks. |
The Marine Navigational Aids
in use in the Emirate must meet the requirements, standards, and specifications
prescribed by the System.
The issuance of a Permit will
be subject to the following requirements:
1.
The Establishment must have a
commercial licence issued by the concerned commercial licensing authority in
the Emirate.
2.
The Establishment must be financially
solvent and have the technical expertise to conduct the Activity. The technical
expertise of the Establishment may be proven by providing the DMA with any
local or international accreditation or membership certificates the
Establishment holds in respect of the Activity.
3.
The Establishment must specify the
equipment and devices that it will use to conduct the Activity.
4.
The Vessels of the Establishment
must be authorised by the DMA to conduct maritime activities.
In issuing a Permit, the
following procedures will apply:
1.
A Permit application will be
submitted to the DMA on the form prescribed by it for this purpose, supported
by the documents and information proving compliance with the requirements
stipulated in Article (3) of this Resolution. The Establishment must undertake
to conduct the Activity in accordance with the Permit issued to it, and with
the relevant conditions and rules adopted by the DMA.
2.
The DMA will register the
application and notify the Establishment of the registration of its
application.
3.
The DMA will consider the
application to verify that it meets all relevant conditions and requirements,
and that it is accompanied by all required documents.
4.
The DMA will determine the
application within ten (10) working days from the date of its submission. Where
required, the DMA may extend this time frame.
5.
Where the application is rejected,
the DMA will notify the applicant of the reasons for rejection.
6.
Where the application is approved,
the applicant will be instructed to pay the relevant prescribed fees, whereupon
the DMA will issue the Permit.
The renewal of a Permit will
be subject to the following requirements:
1.
The commercial licence of the
Establishment must be valid.
2.
The equipment and devices of the
Establishment must be sufficient for conducting the Activity.
3.
The Vessels of the Establishment
must have valid authorisations to conduct maritime activities.
4.
The Establishment must be solvent
and have the required technical expertise to continue conducting the Activity.
In renewing a Permit, the
following procedures will apply:
1.
A Permit renewal application will be
submitted to the DMA, within no later than thirty (30) days after the expiry
date of the Permit, on the form prescribed by the DMA for this purpose,
supported by the required documents and information proving fulfilment by the
Establishment of the Permit renewal requirements. This includes providing an
undertaking to conduct the Activity in accordance with the Permit and the
relevant conditions and rules adopted by the DMA.
2.
The DMA will consider the Permit
renewal application to verify that it meets all relevant conditions and that it
is accompanied by all required documents. This includes verifying payment by
the Establishment of all arrears and imposed fines, where applicable.
3.
Where the Permit renewal application
is rejected, the DMA will notify the applicant of the rejection of his
application and the reasons for rejection.
4.
Where the Permit renewal application
is approved, the applicant will be instructed to pay the relevant prescribed
fees, whereupon the DMA will renew the Permit.
Issuing an Approval will be
subject to the following:
1.
specifying the Establishment
contracted by the applicant to conduct the Activity within the Waters of the
Emirate if the applicant will not conduct the Activity by himself;
2.
obtaining the permits,
authorisations, and approvals required by the legislation in force in the
Emirate to be obtained from the competent entities prior to conducting the
Activity;
3.
obtaining a no-objection certificate
from the owner of the maritime project site where the Activity will be
conducted; and
4.
submitting a copy of the maintenance
plan of the Marine Navigational Aids if the Approval application is related to
installation and maintenance of Marine Navigational Aids.
In issuing an Approval, the
following procedures will apply:
1.
An Approval application will be
submitted to the DMA on the form prescribed by it for this purpose, supported
by the required documents proving fulfilment of the requirements for issuance
of the Approval. This includes submitting an undertaking to comply with the
terms of the issued Approval and with any instructions or measures prescribed
by the DMA based on the technical inspections it conducts after the Approval is
issued, including the validity period prescribed for the Marine Navigational
Aid subject of the Approval.
2.
The DMA will consider the application
to verify that it meets all relevant conditions and requirements, and that it
is accompanied by all required documents.
3.
The DMA will issue its decision on
the Approval application within thirty (30) days from the date of its
submission. Where required, the DMA may extend this time frame.
4.
Where the Approval application is
rejected, the DMA will notify the applicant of the reasons for rejection.
5.
Where the application is approved,
the applicant will be instructed to pay the relevant prescribed fees, whereupon
the DMA will issue the Approval.
A Validity Certificate will
be issued to an owner or operator of a maritime project subject to the
following requirements:
1.
The Marine Navigational Aids must be
installed by an Establishment as prescribed by the System and as per the types,
shapes, sizes, and locations specified in the plan approved by the DMA at the
time of issuing the Approval.
2.
The Marine Navigational Aids must
pass the technical inspection conducted by the DMA, or by any other entity assigned
by it to conduct inspection, using the method the DMA deems appropriate.
3.
The Marine Navigational Aids must be
located within an existing maritime project where they are required.
In issuing a Validity
Certificate, the following procedures will apply:
1.
A Validity Certificate application
will be submitted to the DMA on the form prescribed by it for this purpose,
supported by the required documents and information proving fulfilment of the
requirements for issuance of the Validity Certificate.
2.
The DMA will consider the
application to verify that it meets all relevant conditions, and that it is
accompanied by all required documents. This includes verifying payment of all
arrears and imposed fines, where applicable.
4.
Where the Marine Navigational Aids
fail the technical inspection, the DMA will notify the applicant of the actions
that must be taken for the certificate to be issued.
5.
Where the application is approved,
the applicant will be instructed to pay the relevant prescribed fees, whereupon
the DMA will issue the Validity Certificate.
The Validity Certificate
issued to an owner or operator of a maritime project will be renewed subject to
the following requirements:
1.
The Marine Navigational Aids must
pass the technical inspection conducted by the DMA or by any other entity assigned
by the DMA to conduct inspection.
2.
The maritime project must require
the continued use of Marine Navigational Aids.
In renewing a Validity Certificate, the following procedures will apply:
1.
A Validity Certificate renewal
application will be submitted to the DMA on the form prescribed by it for this
purpose, supported by the required documents proving fulfilment of the
requirements for renewal of the Validity Certificate.
2.
The DMA will consider the Validity
Certificate renewal application to verify that it meets all relevant
conditions, and that it is accompanied by all required documents. This includes
verifying payment of all arrears and imposed fines, where applicable.
3.
The DMA, or any other entity
authorised by the DMA, will conduct the technical inspection of the Marine
Navigational Aids, using the method the DMA deems appropriate, to verify the
type, number, locations, and technical condition of the Marine Navigational
Aids.
4.
Where the Marine Navigational Aids
fail the technical inspection, the DMA will notify the applicant of the
requirements that must be satisfied for the Validity Certificate to be renewed.
5.
Where the application is approved,
the applicant will be instructed to pay the relevant prescribed fees, whereupon
the DMA will renew the Validity Certificate.
The above-mentioned
Administrative Resolution No. (3) of 2019 is hereby repealed. Any provision in
any other administrative resolution is also 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.
Dr. Saeed
bin Ahmed bin Khalifa Al Maktoum
Executive
Director
Dubai
Maritime Authority
Issued in Dubai on 24 August 2023
Corresponding to 8 Safar 1445 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.