Implementing Regulation for the Protection of Facilities of the Saudi Water Authority

Article (1): Name of the Regulation and Its Application

Previous Amendments
  • 1-1: This regulation is called "Implementing Regulation for the Protection of the Facilities of the Saline Water Conversion Corporation" and shall come into effect one month after its publication in the official gazette.

  • 1-2: As of the effective date of this regulation, all provisions that conflict with it are hereby repealed.

Article (2): Definitions

Previous Amendments
  • The words and phrases below shall have the meanings specified next to each, unless the context of the text indicates otherwise:

    • 1-2: The Corporation: Saline Water Conversion Corporation

    • 2-2: The Governor: The Governor of the Saline Water Conversion Corporation

    • 3-2: The Corporation's Facilities: Any facilities, lands, or other assets owned by the Corporation throughout the Kingdom of Saudi Arabia.

    • 4-2: The Competent Authority: The competent administration for the station, pipeline, or ground and aerial electrical power transmission lines, and telephone communication lines.

    • 5-2: The Director: The Director of the competent authority.

    • 6-2: The Corporation's Lines: Water transmission pipes, fuel transmission pipes, telephone communication lines.

    • 7-2: The Offender: Any natural or legal person, or any affiliate of either, who engages in actions that may disrupt or cause damage to the Corporation's facilities.

    • 8-2: The Regulation: The Implementing Regulation for the Protection of the Facilities of the Saline Water Conversion Corporation.

    • 9-2: The Law: The Law for the Protection of Public Facilities issued by Royal Decree No. M/62 dated 20/12/1405 AH.

Article 3: Protection of the Authority's Facilities

Previous Amendments
  • 1-3: All natural or legal persons must follow the procedures, instructions, and conditions stipulated in this Regulation and all complementary Decisions issued by the Governor to protect the facilities of the institution both inside and outside the cities.

  • 2-3: The competent authority is responsible for all violations that occur against the facilities under its jurisdiction, and it is tasked with monitoring violations, inspecting their locations, documenting them, investigating them, and estimating all compensations due for the damages incurred, as well as specifying the type of violation committed and the amount of the fine estimated as stipulated in Article (6) of this Regulation.

Article 4: Procedures for the Protection of the Authority's Facilities

Previous Amendments
  • 1-4: Anyone wishing to undertake any action that may affect one of the institution's facilities must obtain a work permit and the relevant plans and instructions from the competent authority before commencing execution. During the execution of the work, they must take all necessary precautions to prevent the interruption of the institution's services through those facilities or to avoid causing damage to them. In the event of any damage to any facility, the responsible party must notify the institution immediately.

  • 2-4: The competent authority must provide the drawings, plans, instructions, and conditions prepared to protect the facility to any interested party upon request within a period not exceeding fifteen days from the date the request is received.

  • 3-4: Upon noticing any temporary or permanent activities near one of the institution's facilities and in anticipation of any potential damage, the competent authority must immediately visit the site to determine the necessary procedures to protect the facility. If the party conducting this activity refuses to follow these procedures and continues their activity, the competent authority must follow the procedures stipulated in Article (6) of this regulation.

Article 5: Specification of Violations and Penalties

Previous Amendments

Article 6: Monitoring and Documenting Violations

Previous Amendments
  • 1-6: A Committee shall be formed to control and document violations that occur on any of the institution's facilities by a decision from the Director of the competent authority, with one of its members being from the industrial security personnel in accordance with the provisions of this Regulation.

  • 2-6: The members of the Committee referred to in the first paragraph of this article shall move to the location of the violation immediately upon its discovery or reporting to inspect the violation, determine its type, causes, and the extent of the resulting damages.

  • 3-6: The Committee must report the violation immediately to the nearest police station according to the form included in Appendix No. (2) attached to this Regulation in any of the following cases:

    • 1-3-6: If the initial inspection reveals suspicion indicating the intentional commission of the violation.

    • 2-3-6: If the person responsible for the violation refuses to sign the server process and investigation after it has been drafted in their presence.

    • 3-3-6: If the Committee is unable to identify or know the perpetrator of the violation during the initial inspection.

  • 4-6: The police shall be notified to participate with the Committee in controlling the violation and investigating it in any of the cases mentioned in paragraph (6-3) of this article, whenever the Committee requests their assistance.

  • 5-6: The procedures for controlling the violation and investigating it shall be documented through the server process of violations, which is drafted on the form included in Appendix No. (3) attached to this Regulation.

    • 1-5-6: The actions and defenses of the violator or their representative shall be documented in the server process and in an appendix to it, and the author of the server process must document everything the violator or their representative states in terms of defenses or reservations, with reference to any documents or papers that support or refute that.

    • 2-5-6: If the inspection procedures are conducted in the absence of the violator or their representative for any reason, they must be notified within (72) seventy-two hours from the date of the inspection to attend a meeting with the Committee within a reasonable time (specified in the notification) according to the form included in Appendix No. (4) attached to this Regulation to review the server process and present their statements and defenses. If the violator or their representative does not attend at the time specified in the notification, the procedures conducted in their absence shall be considered as if they were taken in their presence.

    • 3-5-6: The notification referred to in paragraph (6-5-2) of this article shall be directed to the violator at their residence (workplace or place of residence as applicable) either by registered mail or through a messenger from the competent authority, and the signature of the recipient of the notification or one of their dependents or adult family members indicating receipt shall be considered as evidence of receipt by the violator, which cannot be disproved.

    • 4-5-6: In the event that the recipient or one of their dependents or adult family members refuses to receive the notification or if it is impossible to find anyone at the recipient's residence or if the residence cannot be located, the notification shall be delivered to the competent police station to take over its delivery to the recipient.

  • 6-6: After completing the procedures for controlling the violation and investigating it, documenting it, and determining the prescribed fine, the Committee shall submit the server process related to the violation along with any other papers or documents related to the violation to the Director of the competent authority.

    • 1-6-6: If the violation did not result in any damages, the Director of the competent authority shall express their views regarding it and submit the server process to the Deputy Governor concerned, who shall forward it along with their opinion to the Governor to issue a decision to collect the fines from the violator, and the Governor may order the completion or fulfillment of any elements or take any actions they deem necessary.

    • 2-6-6: If the violation resulted in damages or disruption, the Director of the competent authority shall follow the steps stipulated in Articles (7) and (8) of this Regulation.

Article 7: Removal of Violations and Repair of Damages

Previous Amendments
  • 7- 1: The competent authority shall remove the violations and repair the damages resulting from them as quickly as possible and shall hold the violator liable for all expenses and costs resulting from that. The institution may require the violator to remove the violation and repair what resulted from it at their own expense under its supervision according to the specified standards, provided that the violator is classified in the field of the required repairs.

  • 7- 2: The costs of removing the violation and repairing the damages resulting from it shall be collected from the violator in accordance with the elements stipulated in Article (8) of this regulation.

Article (8): Elements of Repair Costs and Compensation

Previous Amendments
  • 8- 1: The violator is obligated to bear all costs of repair and compensation for damages incurred to the institution's facilities as a result of their violation.

  • 8- 2: The director of the competent authority shall form a committee to determine the costs of repair and estimate the compensations resulting from the damages incurred to the institution's facilities, taking into account the following elements:-

    • 8- 2- 1: The value of the materials used in repairing the damage and the costs of devices, equipment, parts, installations, and other items that were damaged by the violator and need to be replaced.

    • 8- 2- 2: The costs of labor and equipment necessary to repair the damage and restore it to its original condition before the damage occurred.

    • 8- 2- 3: The value of damages incurred to the equipment and devices and others used on-site (if any).

    • 8- 2- 4: The value of the benefit obtained by the violator unlawfully and the benefit lost by the institution or the value of its lost assets.

    • 8- 2- 5: Compensation for work injuries that occur to the institution's employees while they are removing the violation or repairing the damages resulting from it, as well as treatment costs and other entitlements in accordance with the provisions of the Labor Law and the Social Insurance Law.

    • 8- 2- 6: The value of lost water and electricity, with compensation calculated per cubic meter of lost water according to the rules established by the committee formed under Article Eleven of the law, and compensation for lost electricity according to what the governor decides.

    • 8- 2- 7: Any other damages not mentioned in this article.

    • 8- 2- 8: Administrative expenses are estimated at (10%) ten percent of the total estimates specified in paragraphs (8- 2- 1) and (8- 2- 2) of this article.

  • 8- 3: After completing the procedures for determining costs and estimating compensations, the relevant report along with other related documents, including the violation record and evidence, accompanied by the opinions of the director of the competent authority and the relevant deputy governor, shall be submitted to the governor to issue a decision to collect fines, repair costs, and compensations from the violator in accordance with the provisions of the law and regulation. The governor may order the collection or completion of any elements or take any actions deemed necessary.

Article 9: Implementation of the Decision to Pay the Fine and Compensation

Previous Amendments
  • 9- 1: The violator must pay any fines or costs of repair or compensation due within a period not exceeding (15) fifteen days from the date of being notified in writing of the governor's decision issued in this regard.

  • 9- 2: If the violator fails to make the payment after the expiration of the period specified in the first paragraph of this article, they will be warned to make the payment within (15) fifteen days from the date of the warning. If they do not make the payment within the mentioned warning period, a fine of (10%) ten percent of the total amounts due or remaining will be imposed on them. If they still do not pay what is due, then collection will be made by deducting from their entitlements with the institution or any other government entity. If they have no entitlements with the institution or other government entities, the amounts determined against them will be collected according to the rules for collecting state funds.

  • 9- 3: The violator, after paying what is due according to the governor's decision issued against them in this regard, may appeal to the Board of Grievances against the decision imposing the fine or costs of repair or compensation within (60) sixty days from the date of being notified of it.

Article 10: Referral to the Board of Grievances

Previous Amendments
  • The collection of fines, repair costs, or compensations does not prevent the referral of the violation to the Board of Grievances for the imposition of the penalty stipulated in Article Five of the law. The decision to refer to the Board and the criminal prosecution is at the discretion of the governor, depending on the nature and severity of the trespassing or violation and the circumstances under which it occurred.

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