• 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 next to each of them unless the context requires otherwise:

• Regulations: The Implementing Regulations of the Law.

• Regulation: The Implementing Regulation for Environmental Inspection and Revision.

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

• Center: The National Center for Environmental Compliance.

• Chief Executive Officer: The Chief Executive Officer of the Center.

• Inspectors: Employees designated by a decision from the Minister or the Chairman of the Board of Directors of the competent authority for environmental inspection and control, and for addressing violations of the provisions of the Law and Regulations, investigating them, and documenting them.

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

• Environmental Operating Permit: A document issued by the Center to commence operations upon completion of construction activities and ensuring that the permit applicant complies with all conditions and requirements of the environmental construction permit. 

• Service Provider: The person licensed by the Center to provide environmental services.

• Environmental Compliance Certificate: A document issued by the Center as proof of the permit holder's commitment to applying the Law, Regulations, and conditions of environmental permits.

• Environmental Management Plan: The procedures that the person commits to ensuring and sustaining environmental compliance, submitted as part of the process to obtain the environmental permit.

• Self-Inspection: An internal inspection process within the activity to ensure compliance with the provisions of the Law, Regulations, and environmental conditions.

• Environmental Emergencies: Any operational incident within any activity or facility that poses a threat to environmental habitats or harms the environment.

• Confidentiality Agreement: A document provided by the Center to the activity - upon the activity's request - specifying the information, data, or technologies that are confidential and protecting intellectual property rights.

The provisions of this Regulation apply to all individuals within the territory of the Kingdom.

• First: Types of Environmental Inspection

  • 1- Periodic Inspection: It is carried out according to the annual plans for environmental inspection with the aim of verifying compliance with regulations, laws, and licensing and permit requirements. 

  • 2- Emergency Environmental Inspection: It is conducted after any emergency situation to ensure that all corrective and precautionary measures have been taken. 

  • 3- Inspection to Verify the Accuracy of Reports and Data: It is conducted to verify the accuracy of the information provided through reports and data submitted to the center. 

  • 4- Inspection Upon Receiving Environmental Complaints or Reports: It is conducted after complaints or reports are received by the center and based on the center's determination that the complaints or reports warrant inspection. 

  • 5- Inspection in Cooperation with Relevant Authorities: In the event of forming committees from several specialized entities working to study any cases related to the environment sector or emergencies or environmental disasters related to all participating entities or at the request of the supervising entity. 

• Second: Role of Inspectors

  • 1- Inspectors are authorized to carry out inspection activities, including: 

    • A- Entering the sites and facilities belonging to individuals for the purpose of conducting environmental inspections.

    • B- Reviewing records and data related to environmental issues in the facility under inspection and retaining copies of them in a manner that does not conflict with the confidentiality charter. 

    • C- Taking any photographs related to the environmental inspection for documentation purposes, provided that it does not conflict with safety requirements, security precautions, and the confidentiality charter of the facilities subject to environmental inspection. 

    • D- Conducting any required operations for inspection, examination, measurement, or testing, as deemed appropriate for conducting inspections.

    • E- Collecting samples of existing materials and items. 

    • F- Ensuring the implementation of the environmental management plan and any other environmental plans. 

    • G- Reporting violations and taking necessary actions regarding them. 

  • 2- Inspectors are to document the results of the initial inspection and provide representatives of individuals with a copy to take necessary corrective actions for any violations detected (as applicable) 

  • 3- All individuals are required to cooperate with inspectors and provide the relevant records and data to facilitate their work. 

• Third: Post-Inspection Procedures

  • 1- Based on the results of the inspection, individuals must implement the immediate corrective actions specified by the center and prepare a work plan for corrective actions that cannot be activated immediately for technical justifications accepted by the center or that require operational procedures or capital expenses, and submit it to the center within (30) days from the date of issuance of the inspection results, ensuring that the plan includes the following: 

    • A- Detailed information regarding the immediate actions that have been implemented.

    • B- Technical and time details for applying the (non-immediate) corrective actions and monitoring their implementation.

    • C- The amended environmental management plan according to the inspection results for the classification category or if requested.

  • 2- The center reviews the plan and issues its decision regarding it within (15) working days from its receipt, ensuring that the center's decision includes approval of the work plan or amendments to it. 

  • 3- The center follows up on the implementation of the plan.

  • 4- An individual may request an extension of the period required to prepare the (non-immediate) corrective plan, not exceeding (30) additional days, in which case a preliminary work plan for the corrective actions must be submitted to the center.

• Fourth: Coordination with Supervising Authorities 

  • 1- Coordination with supervising authorities is conducted prior to inspections of vital facilities that entry is restricted to only according to specific security procedures.

  • 2- Coordination with the supervising authority includes providing it with explanatory information, including: the purpose of the inspection, names and identities of the inspectors, date and time of the inspection, information and data required to be provided during the inspection, and any other information deemed necessary by the center.

• First: The circumstances that require an environmental audit study on activities to conduct an environmental audit study as follows:

  • A- For activities of the second and third categories classified according to the Implementing Regulation for Permits for Construction, Operation, and Closure of Activities, when renewing the environmental operating permit. 

  • B- When the center decides that for any category, provided that the decision is justified.

• Second: Environmental Audit Study

  • 1- Activities must prepare an environmental audit study through a service provider licensed by the center, according to the study structure model and the information specified in Appendix No. (1) of this Regulation and submit it to the center along with the application for renewing the environmental operating permit, and the center may modify the content of the model as it sees fit. 

  • 2- The center reviews the environmental audit study and issues its decision within (30) days from the date of receiving the study, including any of the following: 

    • A- Approval of the environmental audit study and renewal of the permit, after fulfilling the financial counterpart. 

    • B- Rejection of the study, or requesting correction of information or data, or completion of deficiencies, and the center must issue its final decision within (30) days from the date of receiving the amended study.

  • 3- The center may extend the review period specified in paragraph (2) of (Second) of this article when necessary, notifying the individuals of that for a period not exceeding (15) days. 

  • 4- The center may inspect the study site to match the details with reality. 

  • 5- Upon the center's approval of the environmental audit study, the individual or their delegate commits to implementing the results and recommendations of the study and the stipulated conditions.

  • 6- The center follows up on the implementation of the results and recommendations of the environmental audit study and the stipulated conditions.

1- The center issues (upon request) a certificate of environmental compliance for individuals if the records of environmental compliance inspections by the center and the results of the environmental audit study demonstrate their compliance - at a minimum - with the law, regulations, standards, and relevant environmental requirements. 

2- The center may grant individuals who hold the certificate of environmental compliance the right to use the environmental compliance badge in accordance with the requirements set by the center.

• It is prohibited for all individuals and activities to engage in any of the following:

• 1- Preventing inspectors from carrying out their inspection duties, or preventing them from entering sites without justification accepted by the center. 

• 2- Not allowing inspectors to access records and data and document relevant information for inspection purposes in a manner that does not conflict with the confidentiality charter.

• 3- Not allowing inspectors to take photographs for documentation in a manner that does not conflict with safety requirements, security precautions, or the confidentiality charter.

• 4- Not allowing inspectors to take measurements or samples of materials and items in a manner that does not conflict with the approved safety requirements and standards.

• 5- Refusing to prepare and implement action plans to apply corrective procedures.

• 6- Refusing to prepare environmental audit study reports and implement what is stipulated in these reports.

• 7- Submitting environmental audit study reports from an unlicensed service provider.

• 8- Including incorrect information, data, or results in the reports submitted to the center. 

• 9- Tampering with monitoring devices to alter data or results.

• 1- Violations of the provisions of this Regulation shall be monitored, and penalties specified in Table (1) shall be imposed in accordance with the Executive Regulation for Monitoring Violations and Imposing Penalties under the Environmental System.

• 2- The value of fines for serious violations shall be estimated based on the degree of damage, the natural significance of the affected site, its area, the type of affected resources, and the economic and social impacts resulting from that damage.

• 3- The violator is obligated to rectify the violation, repair the resulting damages, and pay compensations.

• 4- The competent authority, at its discretion and according to the controls it establishes and is approved by the Minister or the Chairman of the Board of Directors as appropriate, may grant the violator an opportunity or a grace period to correct the violation before applying the penalty, provided that the violator voluntarily discloses the violation or reports it themselves.

Table No. (1): Violations and Penalties - Implementing Regulation for Environmental Inspection and Revision of the Environmental System

Appurtenance (1): Model Structure and Contents of the Environmental Audit Study