Executive Regulation For Vegetation Cover Development and Combating Desertification

Article (1): Definitions

  • The following terms and expressions- wherever they appear in this Executive Regulation– shall have the meanings set forth below, except where it is therein expressly otherwise:

    • Law: Environmental Law.

    • Mandate: Mandate of the National Center for Vegetation Cover and Combating Desertification.

    • Executive Regulation: Executive Regulation for Vegetation Cover Development and Combating Desertification.

    • Executive Regulations: Executive Regulations for the Environmental Law.

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

    • Minister: Minister of Environment, Water, and Agriculture. Center: National Center for Vegetation Cover and Combating Desertification.

    • Competent Authority: The Ministry or any of the national environmental centers, within their jurisdictions.

    • Committee: Violations’ Review Committee.

    • Inspectors: Employees designated by the Minister or the chairman of the the Center’s Board of Directors to undertake environmental monitoring and inspections, and to apprehend, investigate, and substantiate violations to the provisions of the law and Executive Regulations.

    • Security Authorities: Any security authority in the Ministry of Interior, within its jurisdiction.

    • Person: Any public or private natural or legal person.

    • Permit: A document issued by the Center to a person before undertaking an activity with an environmental impact.

    • License: A document issued by the competent authority authorizing a person to undertake an environmental activity.

    • Permittee: A person who is granted a permit in accordance with the provisions of this Executive Regulation.

    • Licensee: A person who is granted a license in accordance with the provisions of this Executive Regulation

    • Vegetation Cover: Natural plants, whether grasses, shrubs, or trees.

    • Vegetation Cover Lands: Any state-owned land that contains wild plants and the like. These include rangelands, forests, national, terrestrial, and geological parks, wetlands, steppe regions, sandy areas (dunes), mountain ranges, valleys, coastal areas, and islands.

    • Forests: A natural or cultivated plant community that consists of one or several types of trees, shrubs, or herbaceous plants in their natural state, or mixed with a tree density of not less than (10%) of the site area.

    • Rangelands: Lands that are not exploited for agriculture, housing, and public utilities; wholly or partially covered with local or non-local plants growing naturally and have varying suitability for grazing and animal feeding, be it grasses, shrubs, or trees. This comprises degraded rangelands that have been replanted with grazing plants.

    • Cattles: Domesticated animals used for breeding (camels, cows, veal, and goats).

    • Grazing Capacity: Number and types of livestock that can graze a specific area of rangelands in a specific period of the year without compromising the sustainability of vegetation cover.

    • Grazing Pastures: Natural pastures within the rangelands and forests where grazing is prohibited without a permit, as defined by the Center.

    • Trees: Any tree with a wooden trunk or aerial roots that rises (1.5) one and a half meters or more from the surface of the earth, whether naturally grown or planted.

    • Shrubs: Any natural or planted flora with a height ranging from (0.5) half a meter to less than (1.5) one and a half meters.

    • National, Terrestrial, and Geological Parks: Sites within vegetation cover lands with unique environmental or geological characteristics, which have been allocated to conservation and to promote ecotourism within their boundaries.

    • Desertification: Degradation of vegetation cover in arid, semi-arid, and dry semi-humid regions, as a result of various factors, including human activities and climate changes.

    • Land Degradation: Decreases in vegetation cover or loss of productivity and biological or economic diversity of lands as a result of natural factors or human activities, including soil erosion by wind and/or water, deterioration of soil properties, and loss of natural vegetation cover.

    • Violation: Violation of the provisions of the Environmental Law or this Executive Regulation.

    • Violation Report: A report issued by the inspectors or the security authorities, that includes the number and date of the report, the required information about the violator, the violations, the violator’s justification if any, as well as the discussions, observations, facts, evidence, and any other relevant procedures.

    • Compensations: Monetary amount paid by the person who causes damage pollution or environmental degradation to compensate for or eliminate the deterioration resulting from such damage, pollution, or environmental degradation. The compensation includes rehabilitation expenses in the event that rehabilitation was not carried out by the person causing damage, pollution, or environmental degradation.

    • Environmental Rehabilitation: Any procedure conducted on an environmentally degraded site or one that is affected by environmental damage or pollution, to restore its natural state of environmental balance, in accordance with the standards set by the competent authority.

Article (2): Scope of Application

  • The provisions of this Executive Regulation shall apply to all persons and all vegetation cover lands - including degraded lands – as well as lands and coasts within the territory of the Kingdom of Saudi Arabia, that fall under the Center’s jurisdiction.

Article (3): The Center’s Scope of Work regarding Vegetation Cover Development and Combating Desertification

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Article (4): Inventorying and Classifying Vegetation Cover Lands and the State of Desertification

  • Part of the inventorying and classification of vegetation cover lands, and the reporting on the desertification state, the Center shall undertake the following tasks:

    • (1) Setting the criteria for classifying degraded vegetation cover lands and degradations’ root causes, taking geographical, climatic, and environmental features, and type of land utilization into consideration. The classifications include, but not limited to, the following categories:

      • a. Rangelands

      • b. Forests

      • c. National, Terrestrial and Geological Parks

      • d. Wetlands e. Plains Areas

      • f. Sandy Lands

      • g. Mountains

      • h. Valleys

      • i. Hills

      • j. Coastal Regions

      • k. Islands

  • (2) Surveying, inventorying and classifying vegetation cover lands, establishing a digital database, and updating these classifications and relevant data when needed.

  • (3) Registering vegetation cover lands’ estates in coordination with the Ministry.

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Article (5): Combating Desertification and Conserving, and Developing and Ensuring Sustainable Management of Vegetation Cover Lands

  • The Center shall undertake the following:

    • (1) Developing a plan to combat desertification and conserve vegetation cover lands pursuant to the following mechanisms, to mention a few:

      • a. Identifying the causes of desertification and developing preventive plans to combat it.

      • b. Combating desertification by rehabilitating degraded lands with the appropriate means derived from the results of relevant studies, and managing them sustainably.

      • c. Reforesting and afforesting through the selection of appropriate seeds and plant species, adoption of sustainable practices such as the use of rainwater harvesting and treated wastewater, in line with the applicable national standards.

      • d. Reforesting and maintaining mangrove trees on coasts through the selection of appropriate seeds and seedlings.

      • e. Taking necessary measures to protect vegetation cover lands from the effects of human or developmental activities, environmental phenomena, pests, diseases, and insect infestations, and combating them with the appropriate means derived from the results of relevant studies.

      • f. Developing lists of invasive and alien plants, updating them whenever necessary, and developing plans to combat and prevent them.

      • g. Implementing appropriate activities within the Center’s jurisdiction to reduce dust and sandstorms.

      • h. Adopting and monitoring indicators of desertification, state of vegetation lands and their various resources, and publishing them as per Ministry’s directions.

  • (2) Providing guidance on the development and sustainable management of vegetation cover.

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Article (6): Controls Pertaining to Forests

  • (1) The Center shall undertake the following:

    • a. Developing and implementing a national plan for sustainable management of forests.

    • b. Proposing protected forests with the aim of preserving, developing, and rehabilitating them, declaring them once the approval procedure is completed, and taking the necessary measures to protect them, including fencing, and placing boundary markers and guiding signs.

    • c. Developing and implementing protected forests management plans.

  • (2) Grazing is prohibited in the following areas:

    • a. Protected forests.

    • b. Degraded forests designated by the Center.

    • c. Forests designated by the Center for development considerations or research purposes.

    • d. Reforested forests.

  • (3) It is prohibited to perform any activity in forest lands that were subject to fires without a permit from the Center.

Article (7): Controls Pertaining to Rangelands

  • (1) The Center shall undertake the following:

    • a. Developing a plan to regulate grazing in accordance with the Year 1440 H. National Rangelands Strategy, issued by the Ministerial Council Decision Number (73) dated 29/1/1440 H., and based on climatic information, grazing capacity, and others. The plan shall specify the sites where grazing is authorized or prohibited, authorized grazing times and durations, adequate grazing patterns, types, and numbers of livestock authorized for grazing, and other controls and requirements specified by the Center to ensure the sustainability of vegetation cover in rangelands.

    • b. Declaring protected rangelands, for their rehabilitation, sustainable management, fencing, and placing boundary markers and guiding signs or any other means to protect them

    • c. Developing and implementing an action plan to rehabilitate degraded rangelands.

    • d. Assessing the productivity of rangelands and specifying their grazing capacity during different seasons of the year.

  • (2) The Center must announce the grazing regulation plan through competent authorities, the appropriate media channels, and informative boards, and oversee its implementation.

  • (3) All persons must comply with the grazing regulation plan referred to in clause (1) of this article.

  • (4) Grazing is prohibited in the land boundary area specified under the Law of Border Security and its Executive Regulations.

  • (5) Grazing is prohibited in coastal mangrove sites.

  • (6) Grazing is prohibited in the following areas unless the times and requirements specified by the Center permit:

    • a. Protected rangelands.

    • b. Enhanced rangelands specified by the Center, in which re-introduced vegetation has not yet developed.

    • c. Rangelands specified by the Center, in which studies or research are conducted.

    • d. Any other areas specified by the Center (such as rangelands designated as fodder reserves to cope with drought years).

  • (7) The Center shall coordinate with the competent governmental authorities to study the pastoral vegetation cover within the protected holdings of these authorities and assess the possibility of availing them for grazing for specific periods and times, in a way that does not affect the purpose for which the holdings were established.

  • (8) The Center shall develop plans to encourage breeders to switch to modern breeding methods, in coordination with the Deputy Ministry for Animal Resources.

Article (8): Controls Pertaining to National, Wild, and Geological Parks

Article (9): Investing in Vegetation Cover Development Activities

Article (10): Permits and Licenses Pertaining to Vegetation Cover Lands First: General Controls

  • (1) A person must obtain a license, permit, or approval (according to the classification specified by the Center) to allocate or use the vegetation cover lands for activities, including the following:

    • a. Approval of the construction of public utilities (roads, railways, water, electricity, etc.).

    • b. Approval of the extraction or exploitation of sand, gravel, rocks, and soil.

    • c. Approval of the establishment of any housing, agricultural, tourism, or development plans.

    • d. Approval of the allocation of any industrial or mining complexes, or sites for exploration, prospecting, or exploitation activities.

    • e. Approval of the exploitation of any natural water source that affects the vegetation cover.

    • f. Reforestation or afforestation in vegetation lands, gardens, or roads within or outside the urban boundary, and internal and external yards of civil and military establishments.

    • g. Restauration and leveling of vegetation cover lands.

    • h. Carrying out any scientific or research activities pertaining to vegetation cover lands.

    • i. Collection of local plant genetic resources, or any of their vegetative or reproductive parts.

    • j. Grazing activities in areas authorized for grazing.

    • k. Establishment of nurseries, herbariums, and botanical gardens.

  • (2) The Center shall issue its decision on license and permit applications within thirty (30) working days as of the registration date of the application with the Center.

  • (3) The Center issues the license, permit, or approval comprising the necessary requirements.

  • (4) The license or permit shall be issued after collection of the financial due; with the exception of investment licenses, where the due is pursuant to the investment contract between the Center and the investor

  • (5) License and permit holders must comply with the licenses and permits’ requirements.

  • (6) The grazing permit shall be issued comprising the numbers and types of livestock, the duration of the permit, the authorized time, and the boundaries of the authorized grazing site

  • Second: The following documents are required for each permit or license, and the Center may request additional documents:

    • (1) Licenses for Reforestation or Afforestation in the Areas under the Center's Jurisdiction: Each applicant for a reforestation or afforestation license must submit an application to the Center along with the following documents:

      • a. A copy of the national identity card or residency, or the commercial register for a private sector entity or a license for a non-governmental association or institution.

      • b. Detailed information about the site, and a full description of the main activities, including the types and number of trees, shrubs, or plants that will be reforested or afforested, the means and equipment to be used, the duration required for this activity, the method of irrigation, the means of sustaining the vegetation cover, the purpose of reforestation or afforestation, and any other information requested by the Center.

    • (2) Licenses for Restoration and Levelling of Vegetation Cover Lands: Each applicant for a license to restore or level vegetation lands cover must submit an application to the Center along with the following documents:

      • a. A copy of the national identity or residency, or the commercial register for a private sector or a license for a non-governmental association or institution.

      • b. Detailed information about the site, and a full description of the main activities to be conducted therein, including the type and proportion of vegetation cover, the amounts, types, and sizes of plants that will be affected, the amount of soil, sand, and other resources that will be removed or added, and their destination (if removed) or source (if added), the means and equipment to be used, and the required duration of this activity.

    • (3) Scientific and Research Activities’ Licenses Pertaining to Vegetation Lands Cover:

      • a. Each applicant for a license to conduct scientific and research activities pertaining to vegetation cover must submit an application to the Center along with the following documents:

        • 1. Names of the participating Saudi and foreign universities and research centers.

        • 2. Names of researchers, technicians, trainees, and students participating in each research.

        • 3. Objective of the study or research.

        • 4. Duration of the study or research.

        • 5. Proposed sites for conducting the study or research.

        • 6. Details regarding the samples of the local plant genetic resources, or any of their vegetative or reproductive parts to be collected, or others (such as their type - scientific name and common name, their quantities, etc. must be mentioned).

        • 7. Scientific methods, and all materials and tools used in study or research.

      • b. The duration of licenses for scientific and research activities within the lands of vegetation cover shall be pursuant to the approved study or research duration.

      • c. Commitment to submit a copy of the outcomes of the studies to be conducted, upon completion, to the Center within a period of no more than (6) six months, including pictures, data, and maps.

    • (4) Grazing Permits: The Center shall classify shepherds, and grant permits in specified sites during grazing permissible periods pursuant to grazing regulation plan, with the following requirements:

      • a. The permit holder must be a Saudi citizen.

      • b. Filling out the permit application form.

      • c. Submitting the permit application with a period of no less than thirty (30) days prior to the grazing period.

      • d. Submitting the permit application to the Ministry’s branch in the event that the Center has no branch in the region.

      • e. The permit owner must be registered with the Center and must fulfill the numbering and types of livestock.

      • f. The permit duration shall be specified by the Center based on the condition of the rangeland and its carrying capacity.

      • g. In the event that the permit is obtained and not needed nor used, the Center shall be notified.

      • h. The Center may withdraw the permit if there are any violations that substantiate this.

      • i. The Center may request the numbering of livestock whenever possible.

      • j. Prioritizing small and local livestock breeders in license issuing.

      • k. Grazing permits shall not be granted to commercial flocks.

    • (5) Permits for Extraction and Exploitation of Sand, Gravel, Rocks, and Soil First: Activities not requiring an environmental permit from the National Center for Environmental Compliance:

      • The applicant for a permit for the activities of Nahl or the exploitation of sand, gravel, rocks, and soil in vegetation lands must submit an application to the Center, and fulfill the specified requirements.

  • Second: Activities not requiring an environmental permit from the National Center for Environmental Compliance:

    • a. The applicant must fulfill the following requirements when submitting applications to obtain an environmental permit from the National Center for Monitoring Environmental Compliance for the activities of Nahl or the exploitation of sand, gravel, rocks, and soil in the vegetation lands cover:

      • 1. Specify the quantities of water or the sand, gravel, rocks, and soil to exploit.

      • 2. Specify the methods of exploitation according to best available practices.

      • 3. Commit not to dig under a high level of groundwater.

      • 4. Commit not to close or modify the valley streams.

      • 5. Commit to planting local wild trees and shrubs that prevail on the site or on its borders.

      • 6. Commit to plant the number of trees specified by the Center to compensate for the trees affected by the activity at the site when rehabilitating, and these trees shall be of the local wild species that prevail at the site.

      • 7. Commit to preserve the nature of the licensed site to avoid any visual pollution

      • 8. Commit to transport the exploited materials in accordance with the specifications and requirements of the competent authority.

      • 9. Commit to develop a specific plan for access roads for each site, the movement of vehicles, and their random spread in the area.

      • 10. Commit effectively to measures to reduce soil and vegetation pollution.

    • b. The National Center for Environmental Compliance shall coordinate with the Center before granting permits for activities in vegetation cover lands.

    • (6) Approvals to allocate Sites for industrial and Mining complexes, and Sites for Exploration, Prospecting, and Exploitation Activities: Persons wishing to establish industrial or mining complexes, or to engage in exploration, or exploitation activities in vegetation cover lands, must obtain prior approval of the site from the Center, along with the necessary environmental permits from the National Center for Environmental Compliance in accordance with the Executive Regulations to assess environmental impact.

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