Administrative Resolution No. (4) of 2021
Regulating the
Activity of Chartering Vessels in the Emirate
of Dubai[1]
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The Executive Director of the Dubai Maritime
City Authority,
After perusal of:
Law
No. (11) of 2007 Establishing the Dubai Maritime City;
Law
No. (11) of 2010 Concerning the Licensing of Vessels in the Emirate of Dubai;
Executive
Council Resolution No. (11) of 2013 Issuing the Implementing Bylaw of Law No.
(11) of 2010 Concerning the Licensing of Vessels in the Emirate of Dubai and
its amendments;
Administrative
Resolution No. (8) of 2013 Regulating the Business of Tourist
Vessel Chartering and
Operating Establishments in the Emirate of Dubai; and
Administrative
Resolution No. (35) of 2013 Regulating the Business of Personal Watercraft and
Water Sports Vessel Rental Establishments 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:
|
UAE: |
The United Arab Emirates. |
|
Emirate: |
The Emirate of Dubai. |
|
DMCA: |
The Dubai Maritime City Authority. |
|
Executive
Director: |
The executive director of the DMCA. |
|
Vessel: |
Any vessel of any type or structure whatsoever operated
on the Waters of the Emirate to transport Passengers or Goods for personal,
commercial, sports, or tourism purposes. |
|
Activity: |
Chartering
and renting Tourist Vessels and Sports Vessels. |
|
Establishment: |
A company or sole proprietorship authorised to
conduct the Activity in the Emirate. |
|
Permit: |
A document issued by the DMCA authorising an
Establishment to conduct the Activity in the Waters of the Emirate. |
|
Trainer: |
A natural person who is licensed by the DMCA to
train individuals on practising water sports in accordance with the provisions of the
above-mentioned Resolution No. (11) of 2013 and this Resolution. |
|
Licence: |
A document issued by the DMCA authorising a
Trainer to train individuals on practising water
sports. |
|
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 and all
ports, marinas, canals, and waterways. |
|
Prohibited Areas: |
Areas demarcated by the DMCA and concerned
entities in the Emirate where the use of Vessels is prohibited. |
|
Berths: |
Vessel anchorage and berthing facilities,
including marinas, water sport clubs, fishing harbours, private harbours,
marine stations, and other permanent or temporary berths within the Waters of
the Emirate. |
a.
No natural or legal
person may conduct the Activity in the Emirate unless that person is authorised to do so by the DMCA.
b.
No natural person may
conduct the activity of water sports training in the Emirate unless he is so licensed by the DMCA.
The
issuance of a Permit
will be subject to the following requirements:
1.
holding a
valid commercial licence issued by the competent licensing authority in the
Emirate;
2.
obtaining the approval
of the DMCA for the plan of the area where the Activity will be conducted, which includes an area for the operation and berthing of Vessels.
The approval of this plan will be
subject to the relevant requirements prescribed by the DMCA;
3.
submitting a copy of
valid supporting official documents issued by the competent entities in the UAE
which are related to the owners or partners of the Establishment wishing to obtain the
Permit; and
4.
submitting a copy of a
Berth ownership certificate or lease agreement
concluded with one of the hotels, clubs, or Berth owners in the Emirate.
a.
The following
procedures will be followed when issuing a Permit:
1.
The
applicant for the Permit must submit his application, accompanied by the required
supporting documents, on the form prescribed
by the DMCA for this purpose
and using the methods it adopts in this respect.
2.
The DMCA will consider
the application from a technical perspective to verify that it meets all
relevant conditions and requirements.
3.
The DMCA will issue its
initial approval of the Permit
application within two (2) working days. The applicant must, within a period
not exceeding six (6) months from the date of the initial approval, meet the
following requirements:
A.
obtaining Licences from
the DMCA for the Vessels that will be used in conducting the Activity. The
applicant must have at least one (1) Vessel at the time of submitting his Permit application;
B.
obtaining permits from the DMCA for the Vessel crews. The
applicant must have at least one (1) Vessel crew at the time of submitting his Permit application;
C.
obtaining at least one
(1) Trainer Licence for every five (5) Vessels used in water sports;
D.
providing a complaint
and suggestion system available in Arabic and English;
E.
providing information
signs demonstrating the safe use of the Vessels used in conducting the Activity
and displaying service timings and tariffs in Arabic and English; and
F.
providing navigation
guide maps and protection, safety, rescue, and first-aid equipment in the areas
where the Activity is conducted.
4.
The DMCA will issue the
Permit within ten (10) working days from the date of submission of the
application and meeting all the requirements, after conducting a field
inspection of the Establishment and its facilities to verify that it meets all prescribed requirements and technical standards for
conducting the Activity. The DMCA will then instruct the applicant to pay the prescribed fees.
5.
Where the application
is rejected, the DMCA will notify the applicant of the reasons for rejection.
An applicant whose application is rejected may submit to the DMCA another Permit
application.
b.
A Permit
will be valid for a period of one (1) year, renewable for the same period. A
renewal application must be submitted within thirty (30) days from the date of
expiry of the Permit validity.
An
Establishment which is authorised by the DMCA to conduct the Activity must
ensure the safety of lives and property, and the security and safety of
maritime navigation in the Waters of the Emirate; conserve the environment; and meet all the
requirements of safe operation specified in the reference technical check-lists
adopted by the DMCA. These requirements include, without limitation, the following:
1. the reference check-list of requirements for chartering
and operating Tourist Vessels; and
2. the reference check-list of requirements for
renting Personal Watercraft and water sports craft.
a.
A Trainer’s Licence will be issued subject to the following
requirements.
1.
The Trainer must be at
least twenty (20) years of age.
2.
The Trainer must
produce a certificate confirming that he has assistance, rescue, and first aid
skills.
3.
The Trainer must have
obtained a training certificate for the use of Vessels designated for water
sports, issued by a training centre recognised by the DMCA, and must have at least one (1) year
experience in training.
4.
The Trainer must be acquainted
with local maritime navigation rules, speed
limits, and Prohibited Areas.
5.
The Trainer must pass
the medical tests prescribed by the DMCA for this purpose.
b.
The Trainer must submit
his Licence application on the
form prescribed by the DMCA for this purpose and using the methods it adopts in this respect. The
application must be accompanied by the following supporting documents:
1.
a copy of valid
official supporting documents issued by the competent entities in the Emirate;
2.
a recent passport-size
photograph with a white background;
3.
a certificate confirming that an Establishment wishes to appoint the
applicant as a Trainer;
4.
a copy of any documents or certificates required by the DMCA;
5.
a medical fitness
certificate, as per the standards
specified in the MED2 form adopted by the DMCA in this respect; and
6.
a certificate of good
conduct issued by the competent entities in the Emirate.
c.
A Licence will be valid for a period of five (5) years,
renewable for the same period. A renewal application must be submitted within
thirty (30) days prior to the date of expiry of the Licence validity.
The
DMCA may, in special and justifiable cases as dictated by the public interest and pursuant to a resolution of
the Executive Director, exempt an
Establishment from any
requirements stipulated in this Resolution for obtaining the Permit. This exemption must not compromise the security
and safety of maritime navigation, the environment, or public safety in the
Emirate.
All
Establishments must comply with the provisions of this Resolution within one
(1) year from its effective date. Where necessary, the Executive
Director may extend this grace
period once for the same period.
Any
person who violates the provisions of this Resolution will be punished by the
penalties and fines stipulated in the above-mentioned Executive Council
Resolution No. (11) of 2013.
The
above-mentioned Administrative Resolution No. (8) of 2013 and Administrative Resolution
No. (35) of 2013 are hereby repealed. Any provision in any other administrative
resolution will also be 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.
Saeed bin Ahmed bin Khalifa Al Maktoum
Executive Director
Dubai Maritime City Authority
Issued
in Dubai on 4 March 2021
Corresponding to 20 Rajab 1442 A.H.
©2021The
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.