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.

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:

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.

Requirements and Standards of Marine Navigational Aids

Article (2)

The Marine Navigational Aids in use in the Emirate must meet the requirements, standards, and specifications prescribed by the System.

Requirements for Issuing Permits

Article (3)

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.

Procedures for Issuing Permits

Article (4)

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.

Requirements for Permit Renewal

Article (5)

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.

Procedures for Permit Renewal

Article (6)

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.

Requirements for Issuing Approvals

Article (7)

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.

Procedures for Issuing Approvals

Article (8)

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.

Requirements for Issuing Validity Certificates

Article (9)

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.

Procedures for Issuing Validity Certificates

Article (10)

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.

3.    The DMA, or any other entity assigned by it, will conduct a technical inspection, 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 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.

Requirements for Renewal of Validity Certificates

Article (11)

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.

Procedures for Renewal of Validity Certificates

Article (12)

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.

Repeals

Article (13)

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.

Publication and Commencement

Article (14)

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.