• The terms defined in the Law - wherever mentioned in this Regulation - shall have the meanings stated therein, and the following words and phrases shall have the meanings indicated before each of them unless the context requires otherwise:

• Regulations: The Implementing Regulations of the Law.

• Regulation: The Implementing Regulation for Environmental Service Providers.

• Ministry: Ministry of Environment, Water, and Agriculture.

• Competent Authority: The Ministry, or any of the national centers for the environment sector, or the General Authority for the Conservation of Coral Reefs and Turtles in the Red Sea, each according to its jurisdiction, and in accordance with what is determined by the regulations. 

• Supervisory Authority: Any government entity authorized by law to supervise a developmental sector, and is responsible for issuing licenses to conduct activities subject to its supervision.

• Activity: Any project, industrial, commercial, or service facility, or works, or any other activities that are expected to have environmental impacts.

• Service Providers: The person licensed by the Competent Authority to provide environmental services. 

• Environmental Field Surveys: Field and laboratory studies and research, including descriptive and varied statistics for all environmental metrics, standards, and indicators, as well as any other economic and social standards.

The provisions of the Regulation apply to all providers of environmental services and individuals who engage in the activities referred to in Article (4) of the Regulation within the territory of the Kingdom.

• The competent authority shall undertake, according to its legally established competencies, the following tasks:

• A- Determine the types of environmental services that require the provider to obtain a license, and prepare the rules, conditions, and requirements related to them, and approve them.

• B- Prepare the rules and conditions related to the classification of environmental service providers, approve them, and prepare lists of environmental services according to their classification and review them periodically.

• C- Approve the rules and conditions related to the licenses of environmental service providers.

• D- Issue and renew licenses for service providers, including their classification, and collect the financial fees for them.

• E- Conduct inspections, monitoring, and supervision of environmental service providers regarding performance levels, quality of services provided, and accuracy of studies, reports, and environmental plans prepared by them.

• F- Publish a list of licensed environmental service providers, their classification, and the types of services they offer.

• G- Conduct inspections, monitoring, and control of violations of this regulation, investigate and document them, and coordinate, when necessary, with the competent authority at the Ministry of Interior regarding the enforcement actions against violators.

• H- Coordinate with relevant authorities whenever the service provided relates to the competencies or powers of any of these authorities.

• I- Professional accreditation for workers in the environmental sector based on the rules, conditions, and requirements set by the competent authority.

• J- Organize the rules and conditions for handling objections to the decisions of the competent authority regarding licensing procedures. 

• Environmental services are classified according to the following types:

  • A- Environmental studies and consulting services.

  • B- Preparation of environmental plans such as environmental management plans and remediation and rehabilitation plans.

  • C- Environmental training and capacity building services.

  • D- Environmental inspection and revision services.

  • E- Monitoring and surveillance of environmental quality and pollution sources.

  • F- Management, installation, maintenance, and operation of environmental monitoring networks. 

  • G- Implementation of remediation and rehabilitation plans.

  • H- Management, operation, and development of wildlife reserves.

  • I- Management and development of pastures, forests, and national parks.

  • J- Nurseries for wild plants that are not used as agricultural crops.

  • K- Establishment, management, operation, and development of coral reef nurseries and gardens.

  • L- Implementation of rehabilitation of degraded coral reef and turtle areas.

  • M- Establishment, management, and operation of rescue and rehabilitation centers for wildlife.

  • N- Conducting laboratory analyses.

  • O- Responding to environmental emergencies and assessing environmental damage at the site of occurrence.

  • P- Salvaging and dismantling ships within the jurisdiction of the competent authority.

  • Q- Any other types of services related to the environment as determined by the competent authority.

• 1- The competent authority shall issue a mechanism for classifying service providers, including the number and requirements of classification levels according to each type of service.

• 2- The competent authority shall base the classification of service providers on the following criteria:

  • A- Classification of the types of environmental services provided, and the ability of service providers to deliver the classified services.

  • B- The number of technical staff at the service provider and their academic qualifications and experiences.

  • C- The quality of technical performance of the service provider in the projects they have executed according to the evaluation mechanism approved by the competent authority.

  • D- The record of violations of the service provider.

  • E- Any other relevant considerations that the competent authority deems necessary to take into account.

• 1- It is prohibited for individuals to engage in any of the activities referred to in Article (4) of the Regulation without obtaining an environmental License from the competent authority.

• 2- The License shall not be granted to anyone who has been subjected to any legal penalty related to breach of trust and honor, and the License shall be revoked if it was issued prior to the penalty.

• 3- Any applicant for a License to provide environmental services must submit an application to the competent authority in accordance with the form issued by it, accompanied by the data and documents specified by the competent authority, including but not limited to:

  • A- A statement of the technical staff at the service provider, including consultants, experts, specialists, and technicians, detailing their numbers, the date each began working in their field of specialization, and their academic and scientific qualifications; certified and approved by the relevant authorities in the Kingdom.

  • B- A statement of the projects mentioned in the experience certificates of the service provider.

  • C- A copy of the Commercial Register and the Zakat certificate, along with the relevant documents and papers specified by the competent authority.

  • D- The competent authority may request any additional relevant data and documents.

• 4- The competent authority shall determine the financial fee for the License and the mechanism for its collection.

• 5- The competent authority shall review the License application and issue its decision, including the type of services provided by the service provider and its classification category, within (20) working days starting from the date all License requirements are met.

• 6- The competent authority may extend the period for issuing its decision for an additional period not exceeding (10) working days.

• 7- The License shall be issued including the conditions set by the competent authority and shall be valid for a period not exceeding (3) years, taking into account the size and classification of the activity.

• 8- The competent authority shall attach to the License a certificate from the environmental service provider, which includes the type of services provided by the service provider and its classification category.

• 9- In the event of a License application rejection, the rejection must be justified.

• 10- A request for License renewal must be submitted at least (3) months before the expiration date of its validity.

• 11- If the competent authority approves the renewal of the License, its validity shall commence from the expiration date of the previous License.

• 12- The competent authority may reject the renewal request and remove the name of the environmental service provider from its list of service providers, provided that the rejection is justified. 

• 1- Environmental service providers may request an upgrade in their classification category by submitting a request to the competent authority, provided that the service provider meets the requirements and conditions of the targeted category.

• 2- Service providers may request to modify (add or delete) the types of services they provide.

• 3- The service provider must attach all necessary data and documents to support the request, and the competent authority may request any additional relevant data or documents.

• 4- The competent authority shall review the modification requests after the payment of the required fees and issue its decision within (15) working days starting from the date all requirements are met.

• 5- The competent authority may at any time revoke the license or reclassify the service provider's category or delete the types of services that the service provider is allowed to offer if it is found that they do not meet the requirements and conditions of the competent authority, without prejudice to the enforcement of violations and imposition of penalties on violators and the claim for compensation for any damage resulting from that, and the license applicant has the right to appeal according to the applicable regulations.

• 6- The competent authority shall replace the environmental service provider's certificate in the event of any modification to the classification category or types of services that the environmental service provider is allowed to offer.

• 7- Environmental service providers must notify their clients of any changes to their classification category or types of services they are allowed to provide.

• 1- The competent authority maintains a register for the registration and classification of licensed service providers, which includes the following:

  • A- The name, Commercial Register, and organizational structure of the service provider.

  • B- The classification category to which it belongs.

  • C- The types of services provided by the service provider according to specialization and expertise.

  • D- The results of the evaluation of the performance and quality of the environmental services provided.

  • E- The violations recorded against the service providers during the license period.

• 2- The competent authority publishes an updated list of licensed service providers, their classifications, and the types of services provided by each on its website.

• 3- The competent authority reviews and amends the registration in the aforementioned register upon any change in the basic data specified.

• Environmental service providers must comply with the following:

• A- Provide services of high quality and in a meticulous manner according to the best scientific methods and modern techniques.

• B- Utilize competent specialists with experience in carrying out the work according to the classification category of the service provider specified by the competent authority.

• C- All entities operating in the field of environmental services must adhere to all systems, decisions, regulations, requirements, and environmental standards.

• D- Exercise due diligence to ensure the accuracy and validity of the data, results, analyses, and recommendations presented in their studies.

• E- All environmental consultations, studies, reports, research, and data, including results of analyses, tests, technical surveys, and others, must be characterized by objectivity, accuracy, neutrality, and scientific integrity, and must avoid concealing any outputs that may result in environmental or economic harm or using phrases or terms that do not clarify the true expected level of environmental and economic damages for any activities.

• F- Adhere to the controls and requirements of the licenses issued to them according to their classification categories.

• G- Provide all their services in accordance with the controls, requirements, classification categories, and standards specified by the competent authority.

• H- Notify the competent authority of any changes in the number of specialists, their qualifications, or experiences, and any data that affects the types of services provided or the classification, registration, or record of the service provider.

• I- If it is found at any time that any of the documents, data, or papers submitted by the license applicant for obtaining a new license or renewing an existing license are incorrect, forged, or fabricated, the competent authority may revoke the license, without prejudice to the enforcement of violations and imposition of penalties on violators and claiming compensation for any damage resulting from that, and the license applicant has the right to appeal according to the applicable regulations.

• J- Declare any conflict of interest and take all necessary actions to prevent such occurrences.

• K- The competent authority may require obtaining digital copies of the studies conducted by the licensee, as well as data, information, maps, and others as determined by the competent authority.

• L- It is prohibited for individuals to publish any data, information, or studies related to the quality of environmental media without obtaining approval or a license from the competent authority.