Law No. (12) of 2010

Concerning

Protection of the Service Network of the

Emirates Central Cooling Systems Corporation[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; and

Law No. (10) of 2003 Establishing the Emirates Central Cooling Systems Corporation,

Do hereby issue this Law.

Article (1)

This Law will be cited as “Law No. (12) of 2010 Concerning Protection of the Service Network of the Emirates Central Cooling Systems Corporation”.

Article (2)

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

Executive Council:	The Executive Council of the Emirate of Dubai.
ECCSC:	The Emirates Central Cooling Systems Corporation.
Network:	All service stations, machinery, equipment, systems, and lines and their appurtenances which are owned or managed by the ECCSC, including cooling centres.
Protection Area:	This includes sites where the Network is constructed, and the adjacent areas whose borders are demarcated, and whose areas are determined in the implementing bylaw of this Law.
Permit:	The document issued by the ECCSC for the conduct of works in the Protection Area in accordance with the provisions of this Law.
Permit Holder	Any natural or legal person who obtains a Permit.

Article (3)

No works may be conducted within the Protection Area unless a Permit is obtained in advance from the ECCSC. The implementing bylaw of this Law will determine the conditions and requirements that must be met for obtaining Permits.

Article (4)

A Permit Holder must:

1. provide a financial guarantee whose amount and method of forfeiture is determined by the implementing bylaw of this Law. Government departments, and public authorities and corporations will be exempt from the requirement to provide this guarantee;

2. comply with the technical terms, controls, time frames, and instructions stated in his Permit;

3. take all preventive means and precautionary measures to prevent any damage to the Network, or compromising its safety;

4. preserve public safety in accordance with the guides and instructions adopted in this respect; and

5. restore the site to its original state upon completion of works in accordance with the requirements and specifications adopted by the ECCSC.

Article (5)

A Permit Holder must notify the ECCSC where the works he is conducting encroach upon the Network. The Permit Holder must not conduct any of these works before a representative from the ECCSC arrives on site to determine the method of implementation of the works or to supervise such implementation.

Article (6)

Upon completion of works, a Permit Holder must obtain a clearance certificate from the ECCSC. The implementing bylaw of this Law will determine the requirements for granting such a certificate.

Article (7)

No person may act in any manner that may cause damage to the Network. If a person does cause damage to the Network, that person must immediately notify the ECCSC of the damage.

Article (8)

Without prejudice to any stricter penalty prescribed by any other law, any person who violates this Law will be punished by up to three-month imprisonment, and a fine not less than five thousand Dirhams (AED 5,000.00) and not more than fifty thousand Dirhams (AED 50,000.00), or either of these penalties. A court may issue a judgment to confiscate the tools and equipment used in committing the violation.

Article (9)

Any person who steals, unlawfully obtains, or illegally uses, the cooling services of the ECCSC will be punished by up to six-month imprisonment, and a fine of up to ten thousand Dirhams (AED 10,000.00), or either of these penalties. In all events, the violator must pay the value of such services in addition to twenty-five percent (25%) of the value of the services. A court may issue a judgment to confiscate the tools and equipment used in committing the violation.

Article (10)

In addition to the penalties prescribed by Articles (8) and (9) of this Law, the violating party must compensate the ECCSC for any damage that such party inflicts on the Network as a result of such violation, and pay an additional twenty percent (20%) of that compensation as administrative charges. This compensation will be assessed by the ECCSC, and this assessment will be final.

Article (11)

Employees and inspectors of the ECCSC nominated pursuant to a resolution of the Director General of the ECCSC will have the capacity of law enforcement officers to record the acts committed in breach of the provisions of this Law and its implementing bylaw, and to issue the necessary violation reports.

Article (12)

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

Article (13)

Any provision in any other legislation will be repealed to the extent that it contradicts the provisions of this Law.

Article (14)

This Law will be published in the Official Gazette and will come into force on the day on which it is published.

Mohammed bin Rashid Al Maktoum

Ruler of Dubai

Issued in Dubai on 7 June 2010

Corresponding to 24 Jumada al-Thaniyah 1431 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.