The Principle Executive Regulation of Law of Activities That Are Discomforting or Dangerous or Harmful to Health or Environment

Section 1: Definitions

  • The Law : The principle executive regulation of law of activities that are discomforting or dangerous or harmful to health or environment issued by the royal decree No. 58 dated 6/4/1423 H and other relevant regulations.

  • The Activities : Defined by classifications issued by the relevant authority to these Regulations.

  • The Relevant Authority : The general authority in accordance with there assignments to permit, supervision and control on these activities.

  •  The License Holder : Natural person (legal person) in whose name a permit is issued , deemed by the relevant authorities to be comply to the regulations.

  • The Permit: Issued by the relevant authority, which determines its nature , its description, the activity place of its practice. The Description of the license issued by Civil Defense or the relevant authorities according to their control and supervision of the activity.

  • Inspector : A person authorized by Civil Defense or relevant authority to carry out an inspection of the facility to ensure the implementation of regulations, requirements and Instructions.

  • The Work Hours : It is the time determined by the Ministry of Internal -security authorities- to work during the day or night hours , and work other than those times is considered a violation of the law.

2

  • The activities classifications subject to the law and regulation shall be determined in accordance with the authority whose made the classification.

  • The amendments are allowed only by the authority , and it shall be effective after approval by the Minister of Interior.

3

  • 1- The relevant authority shall establish subsidiary regulations containing conditions , the necessary technical and specifications for facility operation and practice . Also, the location and the conditions of the activity shall be determined in order to ensure no concern for comfort, risk , harm to health , and to the environment . After committee's discussion ( in accordance of article 8 ) the General Secretariat of the Civil Defense submits it to the minister or head of the authority for issuance ( in case of amendment, the same procedure ).

  • 2- The relevant authority is obligated to refrain from licensing ( practicing or operating a shop ) to any of the activities subject to the law and regulation according to the classifications, in the event that a written approval of no objection is obtained from other relevant authorities

4

  • The relevant authority shall establish the necessary measures to implement Article 7 of the law , and shall be responsible for the corroborated of its procedures and the integrity of its employees , taking into consideration the standardize procedures form among the relevant authorities.

5

  • Subject to the provisions of the regulations (a fine of up to 30,000 rials shall be imposed with closing its shop ) until the violation has been removed . In addition, the contents of the shop shall be confiscated by a court order, whoever commits one of the following offences:

  • 1- Establishment and operation of a shop for any of the activities subject to the operational law with no permit.

  • 2- Expanding , or adding new activity with no permit.

  • 3- Making a change that could completely or partially modify the operation without the approval of the relevant authorities.

  • 4- Transfer the activity from one place to another without the approval of the relevant authorities.

  • 5- Waiving the license without the approval of the relevant authorities.

  • 6- Failure to submit a renewal application for license within the specified period of time.

  • 7- Failure of the license holder to manage the shop by himself, or appoint a manager or responsible for operating, or not inform the relevant authority of his desire to change the manager or the responsible within the specified period of time.

  • 8- Not allow inspector to enter the shop or hinder their work.

6

7

  • Violations are monitored and investigated according to the following procedures:

  • 1- Violations are detected and investigated only by the employees who are determined by the relevant authority according to its administrative organization . The relevant authority must provide them with a card that explains the authority , the department, name and the job.

  • 2- The employee (inspector) must prove his identity to the responsible for the activity , and he must show his card permanently and visible.

  • 3- The inspection shall take place during hours works , taking into consideration not hinder the work as much as possible.

  • 4- The license holder, the manger, or the responsible for operating must accompany the inspector during the inspection, and the absence of the license holder, manager, or operator, or refraining from accompanying the inspector, is an impediment to the inspection work. The inspector may prove this in the record and complete the inspection. In this case, any objections or observations from the owner shall not be taken into consideration.

  • 5- The inspector shall determine the violation (s) and record them in the report, and determine the penalty according to the law, the regulation or the schedule of fines issued by his authority.

  • 6- In the event that a high-risk violation is detected, the inspector must prove this in the report and determine the penalty according to the law and regulation or the schedule of fines . He may stop the work completely or partially until the violation is removed . In the event that the responsible for the activity abstains, the inspector submits his report to the direct supervisor.

  • 7- The direct supervisor shall visit the activity and look to the violation and appreciation of it , and if it is proved its danger and threat to the lives and property that requires the closing the activity or any part of it is called the owner of activity and demanding closure . In the case if the owner refuse to closure, immediately will be transferred to the committee formed in accordance with article 7 of the law is to order an authorized closure for a period of not more than (5 days ) as a procedure with the case being immediately submitted to the governor of the region to refer it to the investigation and public prosecution authority to decide, according to the jurisdiction, the seriousness of the situation and the continuation of the closure or its filing, or for the matter to be raised to the relevant judicial authority.

  • 8- The relevant authority may add additional conditions and procedures in order to impart more accuracy, control and relevance to the work of its employees during the inspection.

  • 9- The employees of the General Directorate of Civil Defense who are in the inspection shall commit to the terms and conditions stated in the inspection and seizure regulations and the investigation of violations of the Civil Defense law and regulations issued by the decree no. 21/1/w/13/cd , on 28/8/1423 H.

8

The Assistant Minister of Interior for Security Affairs is authorized to form a committee/s to look into violations and impose the penalties stipulated in article 7 of the law in what falls under the competencies of the General Directorate of Civil Defense.

9

The Minister of the Interior may interpret the provisions of these regulations.

Appurtenances

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