Executive Regulation For the Protected Areas

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: Environment Law.

  • Executive Regulations: Executive Regulations for the Environmental Law.

  • Executive Regulation: Executive Regulation for Protected Areas

  • Ministry: Ministry of Environment, Water and Agriculture.

  • Minister: Minister of Environment, Water and Agriculture.

  • Center: National Center for Wildlife Development.

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

  • Supervising Authority: Any government body legally authorized to supervise a development sector and specialized in issuing licenses to conduct activities subject to its supervision.

  • Inspectors: Employees designated by a decision issued 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.

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

  • Permit: A document issued by the competent center to a person before undertaking an activity.

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

  • Protected Areas: A terrestrial, marine, or coastal locations defined by the Competent Authority and designated for the protection and development of wildlife species.

  • Biodiversity: Variety and variability of plant, animal, or microscopic organisms; and the variation between them.

  • Wildlife Species: Any living or dead organism which scientifically belongs to the animal or plant kingdoms, excluding man and domestic or domesticated animals.

  • Wildlife: Plant and animal wildlife species and their habitats.

  • Cattle: Domesticated animals for breeding (camels, cows, sheep, and goats).

  • Habitats: Places where wildlife species live, grow or reproduce naturally, in an interconnected and integrated way with the surrounding conditions.

  • Natural resources: All living and non-living materials found in nature and their products, which are directly exploited or invested by man, such as air, water, land, soil, biodiversity, and geological formations of environmental value.

  • Environmental Characteristics: Characteristics of all that surrounds humans, animals, plants, or any other living organism, such as water, air, land, soil, organisms, biodiversity, atmospheric gases, water bodies and all the contents of these milieus such as inanimate objects, various forms of energy, habitats, and natural processes, and their interaction with each other.

  • Derivative: Any substance extracted from wildlife species, whether naturally or artificially.

  • Product: Any non-manufactured or partially or entirely manufactured part of a wildlife species.

  • Hunting: Attempting, chasing, catching, wounding, killing, and other things that benefit the actual practice of hunting for any wildlife land or marine animal.

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

  • Ecotourism: Eco-friendly tourist activities, preserving wildlife and the natural and cultural heritage.

  • Environmental Degradation: Severe damage to the environment caused by the depletion of natural resources, or the destruction of habitats, or the extinction of wildlife species, or the pollution of environmental media and the deterioration of air, water, and soil quality.

  • 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 protected areas managed or supervised by the Center within the Kingdom’s territory.

Article (3): The Center’s Scope of Work Regarding Protected Areas

  • The Center shall undertake the tasks related to protected areas, including:

    • (1) Proposing protected areas in accordance with the provisions of this regulation.

    • (2) Planning, managing, operating, and supervising the approved protected areas.

    • (3) Protecting, growing, breeding, and monitoring the state of wildlife species, and restoring endangered species in protected areas and in their natural habitats to maintain a balanced biodiversity.

    • (4) Setting requirements and controls pertaining to the development and implementation of plans for the rehabilitation of degraded habitats of wildlife species.

    • (5) Supervising the implementation of programs and plans for the rehabilitation of degraded habitats of wildlife species.

    • (6) Monitoring habitats of wildlife species.

    • (7) Undertaking necessary relevant measures to ensure the application of requirements and controls during the implementation of plans for the rehabilitation of degraded habitats of wildlife species

    • (8) Issuing a list of service providers licensed by the Center to develop and implement plans for the rehabilitation of degraded habitats of wildlife species.

    • (9) Identifying sites of degraded habitats that require rehabilitation, and determining the numbers and type of wildlife species living therein as well as rehabilitation requirements.

    • (10) Establishing a database of degraded habitat sites for wildlife species.

    • (11) Conducting studies and research and collecting all information and data on biodiversity in protected areas.

    • (12) Coordinating with the National Center for Vegetation Cover and Combating Desertification about the development and protection of vegetation cover in protected areas, including herding.

    • (13) Setting controls for entering and crossing protected areas, in coordination with the concerned authority at the Ministry of Interior.

    • (14) Developing and implementing a management plan for the protected area system.

    • (15) Establishing and regulating investment projects in protected areas and setting the necessary controls and requirements therefor

    • (16) Regulating the use of protected areas for tourism, environmental, scientific, research, and other purposes, and setting the necessary controls and requirements therefor.

    • (17) Coordinating with the concerned authorities regarding the protection of archaeological and historical monuments located in the protected areas.

    • (18) Developing environmental rules, requirements, and controls in its field of competency thereof for environmental licenses and permits for activities in protected areas.

    • (19) Coordinating with the supervisory authorities regarding the application of environmental controls and requirements for licensed activities in protected areas.

    • (20) Issuing licenses and permits - within its field of competency - for activities and works within the boundaries of the protected areas and collecting the financial dues therefor.

    • (21) Coordinating with the National Center for Environmental Compliance regarding the application of Executive Regulations that fall within its field of competency in the protected areas.

    • (22) Implementing national action programs and the application of the provisions of international and regional agreements regarding protected areas ratified by the Kingdom and entered into force.

    • (23) Introducing protected areas and developing awareness programs about the objectives of establishing protected areas and developing wildlife.

    • (24) Inspecting, monitoring, and apprehending all violations to this Executive Regulation; and coordinating with the security authorities at the Ministry of the Interior, whenever necessary, to apprehend violators.

    • (25) Set the controls for removing infringements and rehabilitating the resulting damaged and degraded areas.

    • (26) Issuing licenses for private reserves, including sustainable fishing reserves, in accordance with the requirements and controls specified thereby.

Article (4): Establishment of Protected Areas

  • First: General Controls

    • (1) The proposed protected area shall be on a land that is not privately owned, and where no one has the right of jurisdiction, concession, or seizure.

    • (2) When the land is privately owned or someone has a right of jurisdiction or a concession, the issue shall be resolved with the holder of the jurisdiction to waive their right. In the event of no waiver, the map of the protected area shall either be modified, or an alternative shall be selected.

    • (3) If the holder does not waive their right as described in Section (2) of this article, and the Center deems that the site is important due to environmental considerations, a report shall be submitted to the Ministry to complete the procedures according to the applicable regulations.

  • Second: Procedures for Identifying Protected Areas

    • (1) The Center shall identify the area proposed to be declared a protected area for wildlife based on studies showing the following:

      • a. Environmental characteristics, features, and natural resources within the proposed area.

      • b. Wildlife species and their habitats, propagation and distribution within the proposed area and their status.

      • c. Pathways of wildlife species and migration.

      • d. Socio-economic characteristics of the local community within and adjacent to the proposed protected area.

      • e. Private and public properties in the proposed area

  • (2) The Center shall develop a protected area proposal that includes the following:

    • a. Purpose of establishing a protected area.

    • b. Classification and zone of the protected area.

    • c. Area of the proposed protected area and an indication of the boundaries thereof.

    • d. A map showing the coordinates of the protected area and the most important landmarks that can be used for guidance.

    • e. Summary of the results of the studies mentioned in Clause (1) of this Section.

    • f. A statement of the permitted and prohibited activities within the protected area.

    • g. International standards for the establishment of reserves, which were considered during the preparation of the proposal.

  • (3) The Center shall identify the competent authorities in the proposed protected area, provided that it will include the authorities that own lands adjacent to the proposed protected area and the authorities that supervise or operate projects and activities along or within the same, in addition to completing the procedures stipulated in Sections (1) and (2) and Clause (first) of this Article.

  • (4) The Center shall submit the proposal of the protected area to the Ministry to complete the regulatory procedures for approval by the Council of Ministers.

  • (5) The Center shall announce the protected areas - after their approval - through the appropriate media and advertising channels.

Article (5): Management of Protected Areas

  • (1) The Center shall determine the scopes of protection based on the scientific, technical, and social studies conducted thereby for each protected area and levels of protection for each zone, while setting controls and requirements for activities within each zone.

  • (2) The Center shall issue a decision on appointing a team of employees to manage each protected area, which shall include the powers, competencies, administrative controls, financial resources, the decision-making mechanism, and their likes.

  • (3) The management team shall be responsible for preparing and updating the management plan for the protected area to achieve sustainable development of wildlife species, habitats, and biodiversity, which shall be approved by the Center. The plan shall define all aspects of management, including the scopes of protection within the protected area.

  • (4) The Center may appoint a supervisory board for any protected area, which shall include, but not limited to representatives from the Center, researchers, environmental associations and the local community located in the vicinity of protected area. The appointment decision shall include the functions and powers of this board.

  • (5) The Center may fence any site within the protected areas and shall put prominent signs showing the boundaries of the protected area and signboards specifying the goals and scopes of protection in accordance with the management plan.

  • (6) The Center may establish the necessary facilities in each protected area in accordance with the protected area management plan.

  • (7) The Center may contract with private civil security guard companies whenever the need arises to protect some or all of the protected areas. Besides, the tasks and duties of said companies shall be specified by the Center in coordination with Ministry of Interior.

  • (8) Based on the management plan, the Center shall issue the requirements and controls of each protected area for practicing the permitted activities and works within the protected area.

  • (9) The Center may develop, in cooperation with the National Center for Vegetation Cover and Combating Desertification, a participatory plan for the management and development of flora species within the protected areas.

Article (6): Controls for Entering and Exiting from Protected Areas

  • (1) All persons wishing to enter or cross the protected areas must adhere to the controls and requirements set by the Center.

  • (2) All persons wishing to enter the protected areas - specified by the Center – must hold a permit issued by the Center.

  • (3) All persons must adhere to the controls and requirements of the permit to enter or cross protected areas as specified by the Center.

  • (4) The Center may specify protected areas or zones of protection to be excluded from the entering or crossing permits, and the controls and requirements therefor.

  • (5) Without prejudice to what is enforced by the security authorities, the protected area administration shall issue immediate permits to cross or search for missing individuals or lost livestock in the protected areas, in accordance with the controls established by the Center in coordination with the emirates of the regions.

  • (6) The administration of protected area or whomever it authorizes from among the security guard companies can inspect all persons and their vehicles entering and exiting from the protected area, which shall be specified by the Center. These companies shall have the authority of:

    • a. Refusing the entry of persons or vehicles violating entry requirements.

    • b. Restoring resources or products of wildlife species that are prohibited from being removed from the protected area or that are in excess of permissible quantities.

    • c. Ensuring that people comply with the controls and requirements of permits and protected areas.

  • (7) The administration of the protected area may coordinate with the Center and the supervisory authorities regarding entry and exit procedures and controls, in addition to inspecting activities in the protected areas.

Article (7): Permits and Licenses Related to Activities in Protected Areas

  • (1) Every person must obtain a prior permit or license from the Center to carry out any activity within the protected areas.

  • (2) The supervising authorities shall coordinate with the Center if they wish to carry out any activity or allocate any sites in the protected areas

  • (3) The Deputy Ministry of Agriculture shall coordinate with the Center regarding agricultural activities in protected areas.

  • (4) The Center shall determine the documents required for each permit or license application. (5) The Center shall issue its decision on permit and license applications within ten (10) working days as of registration date of each completed application. The Center may, if needed, extend this period by five

  • (5) additional working days.

  • (6) Permits to cross or search for missing persons or lost livestock in protected areas are immediately granted in accordance with the regulations set by the Center in coordination with the Emirate of the regions.

  • (7) The issued permit or license shall include a validity term and any controls or requirements set by the Center.

  • (8) The permit or license shall be issued after paying the financial dues specified by the Center, except for investment licenses, where the dues are set in accordance with the investment contract between the Center and the investor.

  • (9) All persons must comply with the terms and requirements of the permit or license.

Article (8): Permits and Licenses Related to Private Reservations

  • (1) Every person must obtain a prior license from the Center to establish a private reservation, and the same shall apply to private reservations that existed before the issuance of this regulation.

  • (2) The private reservation must be established on a land privately owned by (the applicant), with relevant controls and requirements set by the Center.

  • (3) Should a license be issued for a private reservation, the licensee must comply with the pertinent terms and requirements.

Article (9): Prohibitions

  • It is prohibited to do anything that may harm or disturb the natural balance of the protected areas, which is considered in violation of the provisions hereof, particularly the following:

    • (1) Practicing any activity within the protected areas without a prior permit or license from the Center.

    • (2) Carrying out activities for detecting and searching for minerals, and acquisition of equipment, machinery, and tools therefor in protected areas without obtaining a prior license from the Center.

    • (3) Entering or crossing, without a permit, the protected areas that require a permit from the Center. The Center shall specify such protected areas.

    • (4) Uncomplying with the controls, requirements, and rules approved by the Center regarding places, locations, and times of entering and exiting from the protected areas.

    • (5) Driving vehicles, and their likes, outside the designated lanes in the protected areas, or in violation of the controls and requirements set by the Center.

    • (6) Initiating the establishment of facilities or buildings or camping in protected areas in places other than those designated therefor or in violation of the controls and requirements set by the Center.

    • (7) Utilizing protected areas or carrying out any activity within the protected area for scientific aspects, such as research or studies, in violation of the controls and requirements set by the Center.

    • (8) Possessing or using firearms, non-firearms, or any of the means or tools that can be used for hunting within the protected areas specified by the Center, without a prior license therefrom.

    • (9) Hunting, transporting, killing, harming, or compromising the safety of wildlife species whose hunting is prohibited in protected areas.

    • (10) Displaying the violations committed within the protected areas via social networks or any other means, without Center’s approval.

    • (11) Compromising the safety of wildlife species inside protected areas by means of harm, intimidation, or any other actions that endanger their lives, unless hunting licenses are obtained.

    • (12) Cutting, uprooting, or moving trees, grass, or plants in protected areas, or stripping their bark, leaves, or any part thereof, or moving their soil, or bulldozing them.

    • (13) Destructing or damaging nests and habitats of wildlife species or compromising the safety of their young and eggs in protected areas.

    • (14) Herding, planting, cultivating, or afforesting in protected areas without a license, or in locations and periods other than those specified by the Center, or in violation of the Center’s controls and requirements.

    • (15) Releasing or cultivating any of the wildlife animal or plant species in the protected areas without a prior license from the Center.

    • (16) Releasing or cultivating any of the alien or invasive animal or plant wildlife species in the protected areas or their surroundings.

    • (17) Extracting products of wildlife species or their derivatives from the environment of protected area without a license.

    • (18) Extracting products of wildlife species or their derivatives that are prohibited from being extracted from the environment of protected area.

    • (19) Setting fire or using it inside the protected area in places other than those designated therefor or in violation of the controls and requirements set by the Center.

    • (20) Leaving, burying, or burning all kinds of waste inside protected areas, or throwing the same in places other than those designated therefor as specified by the Center.

    • (21) Destroying fixed or movable installations, or cutting or damaging fences, border signs, or signboards belonging to the Center within protected areas.

Article (10): Violations Apprehension and Penalties Imposition

Violations of the provisions of the Executive Regulations shall be apprehended, and the penalties set out in Table (1) shall be imposed in accordance with the Executive Regulations for Apprehension of Violations and Imposition of Penalties of the Environmental Law, considering the following:

(1) Serious violations shall be prescribed a penalty proportional to the degree of damage, size and inherent importance of the damaged site, and economic and social implications arising therefrom.

(2) The estimation of the penalty for significant violations referred to in clause (1) of this article shall be made by a committee of experts and qualified persons, established by virtue of a decision of the Center’s CEO.

(3) Violations shall be deemed serious if they involve any of the following acts: a. Acts stipulated in Article (35) of the law. b. Acts that lead to environmental degradation. c. Acts that harm sensitive receptors or environmentally sensitive areas.

(4) The violator must correct the violation, repair the damage, and pay the compensation.

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