Administrative Resolution No. (4) of 2021

Approving the Rules for Concluding Settlements in Respect of

Fines Imposed under Law No. (6) of 2015 Concerning Protection of 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

After perusal of:

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

Decree No. (1) of 1992 Establishing the Dubai Electricity and Water Authority and its amendments; and

Administrative Resolution No. (4) of 2019 Concerning the Rules for Concluding Settlements and Filing Grievances in Respect of the Fines and Damages Prescribed by 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.
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.
Violator:	A natural person or a private legal person who commits any of the violations stipulated in the Law, and against whom a fine is imposed thereunder.
Concerned Unit:	The organisational unit of DEWA responsible for protecting the Public Network.

Settlements in Respect of Fines

Article (2)

a. A settlement in respect of a fine imposed under the Law will be concluded between DEWA and the Violator in the cases, and in accordance with the conditions and procedures, stipulated in this Resolution.

b. A settlement concluded under this Resolution will apply only to the relevant fine imposed on the Violator; and will not apply to the price of the electricity or water stolen by him or lost as a result of his act; or to the damages payable by him under the Law.

Settlement Cases

Article (3)

A settlement will be concluded between DEWA and a Violator in respect of a fine imposed on him in any of the following cases:

1. where the Public Network parts that are damaged because of the relevant violation are not identified, or are located within the work site of the Violator;

2. where the relevant violation is committed in the course of performing works for DEWA, for any of the companies owned by DEWA, or for a federal or local government entity;

3. where the Violator is a company that is wholly or partially owned by a federal or local government entity;

4. where the relevant violation is caused by an unintentional act;

5. where it is established that the relevant violation is the result of fault or negligence, and is not committed in bad faith; and

6. any other cases approved by the CEO or his authorised representative.

Settlement Requirements

Article (4)

A settlement between DEWA and a Violator will be concluded subject to the following requirements:

1. A settlement application must be submitted to DEWA within thirty (30) days from the date of imposition of the fine.

2. The Violator must not have been punished by a fine under the Law within the twelve (12) months preceding the date of imposition of the fine in respect of which a settlement application is submitted.

3. The Violator must remedy the violation for which the fine is imposed, and restore the affected part to its original condition before committing the violation.

4. The Violator must pay all costs incurred in repairing the damage sustained by the Public Network as a result of the violation for which the fine is imposed on him.

5. The reduction of fine granted under the settlement may not exceed fifty percent (50%) of the amount of the fine, and may not apply to the cost of damage repairs.

Settlement Procedures

Article (5)

The following procedures will be followed in submitting, considering, and determining settlement applications:

1. An application for settlement will be submitted to DEWA by the Violator on the forms, and using the means, prescribed by DEWA for this purpose. The application must be supported by the required documents.

2. The Concerned Unit will consider the application; and will, upon verifying that it matches any of the cases, and meets the requirements, prescribed by this Resolution, submit its recommendations on the same to the CEO or his authorised representative. The CEO, or his authorised representative, will then determine the settlement application within a maximum period of thirty (30) days from the date of its submission.

3. Where the Concerned Unit recommends approval of the settlement application, it must specify the amount of the fine agreed upon under the settlement. In this case, the reduction of the amount of fine may not exceed fifty percent (50%) of its original amount.

4. A Violator whose settlement application is approved will pay the reduced fine amount within fifteen (15) days from the date of being notified of the settlement approval, otherwise the settlement approval will be deemed revoked.

Supersession and Repeals

Article (6)

This Resolution supersedes the above-mentioned Administrative Resolution No. (4) of 2019. Any provision in any other administrative resolution will also be repealed to the extent that it contradicts the provisions of this Resolution.

Publication and Commencement

Article (7)

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

Issued in Dubai on 9 September 2021

Corresponding to 2 Safar 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.