Law No. (6)
of 2015
Concerning
Protection of the Public
Electricity
and Water Network in the Emirate of Dubai[1]
ـــــــــــــــــــــــــــــــــــــــــــــــ
We, Mohammed bin
Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Federal Law No. (3) of 1987 Issuing the Penal Code and its
amendments;
Law No. (2) of 1994 Concerning Protection of the Public Electricity and Water Network;
Law No. (3) of 2003 Establishing the Executive Council of the
Emirate of Dubai;
Law No. (9) of 2004 Establishing the Dubai International Financial
Centre and its amendments;
Decree No. (1) of 1992 Establishing the Dubai Electricity and
Water Authority and its amendments;
Decree No. (22) of 2009 Concerning Special Development Zones in
the Emirate of Dubai;
Regulation No. (4) of 2009 Regulating Work in the Right of Way in
the Emirate of Dubai and its Implementing Bylaw; and
The legislation regulating free zones in the Emirate of Dubai,
Do hereby
issue this Law.
The following words
and expressions, wherever mentioned in this Law, will have the meaning
indicated opposite each of them unless the context implies otherwise:
|
Emirate: |
The Emirate of Dubai. |
|
Executive Council: |
The Executive Council of the Emirate of Dubai. |
|
DEWA: |
The Dubai
Electricity and Water Authority. |
|
CEO: |
The chief executive officer of DEWA. |
|
Public Network: |
All stations,
machinery, equipment, systems, and Service Lines and their appurtenances,
which are owned or managed by DEWA, including the Telecommunication Network. |
|
Telecommunication Network: |
All cables,
wired and wireless stations, and other equipment and machinery used in the
telecommunications of DEWA. |
|
Service Lines: |
Land, marine,
and aerial water and electricity transmission and distribution lines and
their appurtenances, which are owned or managed by DEWA. |
|
Authorisation: |
A document issued by DEWA that authorises an
Authorisation Holder to perform works or conduct activities near the Public Network
or Service Lines which may be negatively affected by such works or activities. |
|
Authorisation Holder: |
A Person who
holds an Authorisation. |
|
Person: |
A public or
private natural or legal person. |
|
Competent Entities: |
Government entities responsible for planning and
survey, buildings, roads, and other infrastructure services in the Emirate. |
This Law applies to all zones of the Emirate
including Special Development Zones, and free zones such as the Dubai
International Financial Centre.
This Law aims to:
1. protect the infrastructure of the electricity and water sector of
the Emirate from any potential damage;
2. maintain the readiness of the Public Network to meet electricity
and water demand;
3. ensure high quality of the electricity and water services provided
by DEWA; and
4. ensure
that uninterrupted electricity and water services are provided to DEWA customers.
For the purposes of achieving the objectives of
this Law, DEWA will have the duties and powers to:
1.
take the necessary action and measures
to protect the Public Network of the Emirate;
2. issue Authorisations in accordance
with the rules, terms, and procedures stipulated in this Law, the resolutions
issued in pursuance hereof, and the legislation in force in the Emirate;
3. develop a green and black point system
for Authorisation Holders, and determine the criteria and conditions of
allocating these points, and the benefits or punitive measures prescribed for accrual
of such points;
4. monitor compliance with this Law and
the resolutions issued in pursuance hereof, and the compliance of Authorisation
Holders with the terms of their Authorisations;
5. receive reports of any infringements relating
to the Public Network, and, in coordination with concerned entities, take
appropriate action in respect of such infringements where required;
6. develop the standards required for
estimating any damage sustained by the Public Network as a result of
infringements by third parties; and
7. perform any other duties required for
the protection of the Public Network.
a. No Person may perform any work or
activity which may negatively affect the Public Network without first obtaining
the relevant Authorisation from DEWA. This Authorisation will be issued in
accordance with the terms and rules prescribed by DEWA in this respect.
b. A Competent Entity may, in emergency
cases, perform any of the works and activities referred to in paragraph (a) of
this Article without first obtaining the relevant Authorisation from DEWA,
provided that such entity notifies and coordinates with DEWA before commencing
the works or activities, and that it submits an application for Authorisation
within a maximum of twenty-four (24) hours from the commencement of such works.
c. Any excavation, construction,
demolition, paving, or maintenance works performed in any roads, public
squares, zones, or districts which DEWA decides to provide with its services
must be performed in accordance with the work plan and schedule prescribed by
DEWA in coordination with Competent Entities, and in accordance with the
legislation in force in the Emirate.
d. No Competent Entity may authorise the
construction of any structures or pipelines or performance of any other works
which may negatively affect the Public Network without first obtaining the
relevant approval of DEWA. Such approval will be issued in accordance with the
terms and procedures prescribed by DEWA in this respect.
An Authorisation
Holder must:
1. comply with the terms of his Authorisation;
2. keep his Authorisation on the work site;
3. appoint a specialised Person to supervise the works performed on
the work site, who must be available throughout the work period; and
4. notify DEWA of the work schedule forty-eight (48) hours prior to the
commencement of levelling works or of actual works on the site;
5. take all necessary actions and measures to ensure the protection
and safety of the Public Network in accordance with the standards approved by
DEWA, and must in particular:
a. supply a cable detector on the work site;
b. commence work in the site only after conducting the drilling tests
prescribed by DEWA;
c. install temporary information signs indicating cable and water pipeline
routes; and
d. in coordination with Competent Entities, divert or protect Service
Lines buried underneath roads or pavements in accordance with his
Authorisation.
6. perform works on site in accordance with the work plan and
schedule approved by DEWA;
7. during work on the site, observe the time frames prescribed in his
Authorisation;
8. not cause damage or compromise the safety of the Public Network;
9. promptly notify DEWA where his works intersect with the Public
Network, and where any damage is sustained by the Public Network; and refrain
from performing any works until competent DEWA employees determine the action that
must be taken and the works that must be performed;
10. remedy any violation committed by him, within the grace period prescribed
by DEWA; and
11. perform any other obligations determined pursuant to the resolutions
issued by DEWA in this respect.
All owners, occupants,
and possessors of real property located in the zones which DEWA decides to
provide with electricity and water services, or through which DEWA decides to
lay down Service Lines, must:
1. allow the lay-down and passage of Service Lines above, underneath,
or through the real property in the manner DEWA approves in this respect, provided
that such lay-down or passage does not negatively affect the use of the real
property, or cause the owner, occupant, or possessor of the real property to
incur any relevant cost;
2. allow DEWA or its authorised representatives access to their real
property to conduct check-ups and inspect internal equipment and installations
in accordance with the standards approved by DEWA in this respect;
3. not conduct any work that may negatively affect the Public
Network, or any other tools, connections, or equipment relating to the
electricity and water services provided by DEWA. Where a need arises to connect
or disconnect electricity or water at the real property, DEWA must be notified of
the same in advance to enable its competent employees to deal with the case;
4. comply with the terms and requirements determined by DEWA to
protect Service Lines;
5. obtain an Authorisation in advance from DEWA where they intend to make
changes to their real property, which may affect power loads and the Public
Network; and
6. perform any other obligations determined pursuant to the
resolutions issued by DEWA in this respect.
No Person may perform any act which may cause
damage in any manner whatsoever to the Public Network or to the property of
DEWA, or illegally exploit the Public Network or DEWA property. In particular such
Person may not:
1. steal electric current, water, or any of the property and assets pertaining
to the Public Network;
2. cause damage to any of the property or assets pertaining to the Public
Network, including cutting, stripping, or using electrical cables or water
pipes;
3. stop vehicles in the area underneath overhead power lines, in the
area adjacent to ground cables and to water pipes, and in front of entrances of
power stations and substations where stopping is prohibited;
4. tamper with cables, overhead power lines, or water pipes; or
divert them without obtaining a prior permission from DEWA;
5. store materials, or throw or heap waste in the area adjacent to
electrical services or water pipes;
6. construct makeshift rooms or foundations, or any obstructing
structures, in the area adjacent to electrical services or water pipes;
7. use vehicles or cranes whose height exceeds the authorised limit
in the work site, or drive such vehicles or cranes underneath overhead power lines
where traffic is prohibited;
8. cause damage to cable route markers or any markers placed in the
area adjacent to water pipes;
9. unearth ground bases and wires of overhead power lines;
10. use non-authorised vehicles or machinery near Service Lines;
11. install any equipment or connections between the DEWA water meter
and the water tank;
12. affix stickers or advertisements to DEWA property without obtaining
a prior permission ; or
13. enter any of the DEWA stations without a prior permission.
In return for issuing Authorisations and
providing services under this Law and the resolutions issued in pursuance
hereof, DEWA will charge the fees prescribed by a resolution of the Chairman of
the Executive Council.
a. Without prejudice to any stricter penalty stipulated in any other
legislation, any Person who steals in any manner whatsoever electricity, water,
or the property or assets pertaining to the Public Network will be punished by
imprisonment for not less than three (3) months or a fine of not less than ten
thousand Dirhams (AED 10,000.00), or by both penalties.
b. A Person who commits any of the violations stipulated in the
Schedule attached to this Law will be punished by the fine indicated opposite
that violation.
c. The amount of the fine mentioned in paragraph (b) of this Article
will be doubled upon repetition of the same violation within one (1) year from
the date of the previous violation. A doubled fine must not exceed one hundred
thousand Dirhams (AED 100,000.00).
d. In addition to the penalty of a fine prescribed in paragraph (b)
of this Article, the CEO or his authorised representative may take one or more
of the following measures against the violator:
1.
suspension of work for a period not
exceeding six (6) months;
2.
revocation of Authorisation; and/or
3.
deprivation from obtaining a new
Authorisation for a period prescribed by DEWA.
e. The CEO or his authorised representative may, in accordance with
the rules determined by the CEO in this respect, conclude a settlement in
respect of the fine imposed on the violator.
f.
Imposing the
penalties stipulated in this Article will not preclude DEWA from requiring a violator
to pay the value of the amount of electricity or water stolen by him or lost as
a result of his act.
DEWA employees nominated by a resolution of the CEO will have the
capacity of law enforcement officers to record the acts committed in breach of
the provisions of this Law and
the resolutions issued in pursuance hereof. For this purpose, they may issue
the necessary violation reports and seek the assistance of police personnel.
Without prejudice
to the penalties prescribed by this Law and the resolutions issued in pursuance
hereof, a Person who causes damage to the Public Network must compensate DEWA
for such damage. The amount of compensation will be determined by DEWA and will
include an additional ten percent (10%) of the amount of the compensation as
administrative charges. The estimation of such compensation by DEWA will be
final.
Any affected party may submit a written grievance to the CEO against
any decision, procedure, or measure taken against him under this Law, within
thirty (30) days of being notified of the contested decision, procedure, or
measure. The grievance will be determined, within thirty (30) days from the
date of its submission, by a committee formed by the CEO for this purpose, and
the decision issued in respect of the grievance will be final.
Fees, fines, and compensation
collected pursuant to this Law and the resolutions issued in pursuance hereof
will be paid to DEWA.
The Chairman of the Executive Council will issue the resolutions
required for the implementation of the provisions of this Law.
The above-mentioned Law No. (2) of 1994 is hereby repealed. Any
provision in any other legislation will also be repealed to the extent that it
contradicts the provisions of this Law.
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 11 April 2015
Corresponding to 22 Jumada al-Thaniyah
1436 A.H.
|
SN |
Description of
Violation |
Fine (in Dirhams) |
|
1 |
Performing any act or conducting any activity near
the Public Network without obtaining an Authorisation from DEWA, or with an
expired Authorisation |
10,000.00 |
|
2 |
Performing, in a breach of the work plan and
schedule prescribed by DEWA, any act in any zone which DEWA decides to
provide with its services |
10,000.00 |
|
3 |
Failure by an Authorisation Holder to comply with
the terms of his Authorisation |
10,000.00 |
|
4 |
Failure by an Authorisation Holder to keep the
Authorisation on the work site |
5,000.00 |
|
5 |
Failure by an Authorisation Holder to appoint a specialised
Person to supervise the works performed on the work site, or failure of such Person
to be available on the site throughout the period of work |
5,000.00 |
|
6 |
Commencement by an Authorisation Holder of levelling
works or of actual works on the site without notifying DEWA of the work schedule
or without observing the required forty-eight (48) hour notice period |
5,000.00 |
|
7 |
Failure by an Authorisation Holder to take all
necessary actions and measures to protect and maintain the safety of the Public
Network in accordance with the relevant standards approved by DEWA |
5,000.00 |
|
8 |
Performance by an Authorisation Holder of his works on
the site in contrary to the work plan and schedule approved by DEWA |
5,000.00 |
|
9 |
Causing damage or compromising the safety of the Public
Network |
AED 10,000.00, plus payment of compensation
to DEWA for the damage caused |
|
10 |
Failure to promptly notify DEWA where the works of an
Authorisation Holder intersect with the Public Network, or where any damage is
caused to the Public Network |
5,000.00 |
|
11 |
Failure by a violator to remedy his violation within
the grace period prescribed by DEWA |
5,000.00 |
|
12 |
Failure to supply a cable detector on the work site |
5,000.00 |
|
13 |
Commencing work on the site before conducting the
drilling tests prescribed by DEWA |
5,000.00 |
|
14 |
Failure to install temporary information signs on
the work site indicating cable and water pipeline routes |
5,000.00 |
|
15 |
Breach of the obligations prescribed under Article
(7) of this Law by owners or occupants of real property located in zones
where DEWA decides to provide its services |
5,000.00 |
|
16 |
Performing any of the prohibited acts stipulated in
Article (8) of this Law |
10,000.00 |
|
17 |
Failure to implement a work suspension order issued
by DEWA or by any of its competent employees |
10,000.00 |
|
18 |
Obstructing the work of DEWA employees or any Person
authorised by DEWA to perform inspections |
10,000.00 |
|
19 |
Performing any act, other than the violations stated
in this Schedule, in breach of the provisions of this Law and the resolutions
issued in pursuance hereof |
3,000.00 |
©2015 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.