• The words and phrases contained in these regulations shall have the meanings specified in Article One of the Environmental Law and its Implementing Regulations. The following words and phrases - wherever they appear in these regulations - shall have the meanings indicated next to each, unless the context requires otherwise:

  • Law: Environmental Law.

  • Regulation: Implementing Regulation for controlling violations and imposing penalties.

  • Regulations: Implementing Regulations of the Law.

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

  • 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.

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

  • Person: Any individual with a natural or legal public or private status.

  • Permit: A document issued by the competent authority to a person before commencing any activity that has an environmental impact. 

  • License: A document issued by the competent authority to a person granting permission to engage in an environmental activity.

  • Committee: Committee for reviewing violations.

  • Inspectors: Employees designated by a decision from the Minister or the Chairman of the Board of Directors of the competent authority - as applicable - to control violations of the provisions of the Law or regulations, investigate them, and document them.

  • Security Authorities: Any security authority within the Ministry of Interior according to jurisdiction.

  • Violation: Any breach of the provisions of the Law or regulations.

  • Process Report: The report prepared by the inspector, which includes the report number and date, necessary information about the violator, the violation subject to the report, the response to it, discussions, inspections, facts, evidence, and all related procedures.

  • Compensations: The value of remedying or removing damage, pollution, or environmental degradation resulting from the violation, including rehabilitation costs that the violator must pay if they are unable to carry out the rehabilitation.

  • Rehabilitation: Any procedure on an environmentally degraded site or one that has suffered environmental damage or pollution; to restore it to its natural state of ecological balance, according to the standards set by the competent authority.

  • Coral Reefs: Marine environments based on coral that form hard reef structures on the seabed, which are home to and intricately linked with many species of fish, vertebrates, invertebrates, and diverse plants.

• 1- In the implementation of the provisions of Article (36) of the Law:

  • A- Violations of the provisions of the Law and regulations are to be monitored, investigated, and documented by inspectors, who may request support and assistance from security authorities when necessary.

  • B- The investigation into the provisions of the Law and regulations aims to verify the occurrence of the violation and attribute it to the violator through the seizure report.

• 2- In the implementation of the provisions of Article (37) of the Law:

  • Without prejudice to what is stated in (1) of this article, security authorities are responsible for apprehending violators of the provisions of the Law and regulations and referring them to the competent authority to complete the necessary procedures, and to support inspectors upon request.

• 1- Violations are recorded by preparing a server process that includes information about the location of the violation, its date, details, time of recording, names of the violators, their nationalities, identification numbers, and the means of transport used, in accordance with Annex No. (1) of this regulation, accompanied by the necessary documents including:

  • A- A diagram illustrating the location of the violation, supported by photographs showing the violation in compliance with security and safety requirements, and the means of transport used.

  • B- A description of the violation and the tools and means used in its commission.

  • C- The necessary evidential documents to record the violation, including data, means, tools used, vehicle numbers, equipment, and the name of the owner.

• 2- Inspectors may take samples of materials and items present with the person suspected of committing a violation of any provisions of the law and regulations if necessary, provided that a server process is prepared for this fact, recording all necessary data to verify the samples themselves and the materials and items from which they were taken, as well as retaining a copy of the records of the inspected person and their data.

• 3- The statements and defense of the violator or their representative are recorded in the server process or investigation report, and the author of the report may comment on the statements of the violator or their representative, referring to any documents or papers that support or refute that in accordance with Annex (2).

• 4- The violator must sign the server process, and if they refuse to sign, this is recorded in the server process, and the procedures for recording and imposing the penalty are completed.

• 5- Server processes for violations with fines exceeding (100,000) one hundred thousand riyals are referred to the committee.

• 6- Inspectors must deliver the seized items related to the violation - if any - and the server process to the competent authority.

• 7- The competent authority must present the server process of the seized items to the competent court - within a period not exceeding (7) working days - starting from the date of receiving the seized items and the server process, to confirm the custody of the seized items or to cancel it.

• 8- Security authorities must be notified of the violation in the following cases:

  • A- In case of escape, resistance, or the violator's refusal to cooperate with inspectors.

  • B- If it is determined from the initial inspection that the violation was intentional.

  • C- If it is impossible to identify the perpetrator of the violation.

  • D- If the violation involves a crime.

• In implementation of the provisions of Article (43) of the Law:

  • 1- The violator must remove the effects resulting from the violation and carry out environmental rehabilitation in accordance with the conditions and standards set by the competent authority.

  • 2- The violator must pay the compensations determined by the competent authority within a period of (90) days from the date of being notified.

  • 3- The violator must pay the financial compensation for the environmental damages resulting from the violation, which will be assessed by the competent authority.

  • 5- The costs of rehabilitation mentioned in paragraph (1) of this article shall be deducted from the amount of compensations paid by the violator in the event that the violator undertakes the rehabilitation.

  • 6- The competent authority shall calculate the value of the compensations referred to in paragraph (4) of this article as follows:

    • A- Direct material losses from the violation.

    • B- Indirect material losses from the violation, which include:

      • C/ 1 The cost of the time spent and the resources used by government entities and the private sector to address the violation.

      • C/ 2 The negative impacts of the violation on public health, tourism, foreign investments in a specific developmental sector, and others, in addition to the community concern resulting from the violation.

      • C/ 3 The cost of rehabilitation and restoring the environmental situation to what it was before the violation as much as possible, or to a state less than it was before the violation, and calculating that difference financially.

  • 7- The amount of the collected compensations shall be deposited in the Environmental Fund.

• Objections to penalty decisions are made in accordance with the provisions outlined in the rules and procedures for the work of the committees reviewing violations of the Environmental Law and its executive regulations.

• First: The competent authority has the right to act on the seized items according to the nature of each item as it deems most conducive to the public interest, and it may specifically take any of the following actions:

  • A- In all cases, it is permissible to seize weapons used in violations of the provisions of the law and regulations and hand them over to the Ministry of Interior.

  • B- Under Custody - at the expense of the violator in case the violation is established - of the seized items (vehicles, means of transport, and tools used) or those suspected of being used in committing the violation, and they shall be handed over as seized items to the competent authority in the region as appropriate, provided that this is presented to the competent court within a period not exceeding (7) days to confirm the custody and confiscation or to cancel the custody.

  • C- Except for weapons, the center has the right to act on the seized items after a confiscation judgment is issued by the court, in a manner it deems to serve the interest.

  • D- The competent authority has the right - as appropriate - to act on what is recovered from plant cover products or wild organisms or coral reefs that have been seized - whether alive or dead - and their products and derivatives, in accordance with the provisions of the law and regulations.

• Second: The financial amounts obtained from the action on the seized items, in case of their sale, shall be deposited in the Environmental Fund, after the decision has become firm by the passage of the legally specified period or the judgment issued regarding it has acquired the final status.

• First: The Committee shall undertake the tasks and responsibilities outlined in the rules and procedures for the work of the committees reviewing violations of the provisions of the Environmental Law.

• Second: Rewards for Committee Members

• The Minister shall determine, by his decision, the rewards for the Committee members.

Annex (1): Violation Report Form for the Environmental Law