The following words and phrases – wherever they appear in this Regulation – shall have the meanings indicated next to each, unless the context requires otherwise:

Law: Environmental Law.

Regulations: Implementing Regulations of the Law.

Regulation: Implementing Regulation for Environmental Inspection and Revision.

Ministry: Ministry of Environment, Water, and Agriculture.

Minister: Minister of Environment, Water, and Agriculture.

Center: National Center for Environmental Compliance.

Chief Executive Officer: Chief Executive Officer of the Center.

Inspectors: Employees designated by a decision from the Minister or the Chairman of the Board of the Center for environmental inspection and oversight, monitoring violations of the provisions of the Law and Regulations, investigating them, and documenting them.

Person: Any individual or legal entity, whether public or private.

Activity: Any project, industrial, commercial, or service establishment, or other activities expected to have environmental impacts.

Supervisory Authority: Any government entity authorized by law to supervise the activity and responsible for issuing licenses to conduct activities under its supervision.

Environmental Audit Study: A study that includes the results of an objective, organized, periodic, and documented examination of the operational processes of a specific establishment, conducted after the establishment's construction or during its operation; aimed at verifying compliance with environmental requirements, controls, standards, and criteria, improving the environmental performance of the establishment, and ensuring adherence to the provisions of the Law, Regulations, licenses, and related permits.

Permit: A document issued by the Center prior to commencing the activity.

Permit Holder: An individual who has obtained the permit.

License: A document issued by the Center to authorize an individual to conduct an environmental activity.

Licensee: An individual who has obtained the license.

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

Service Provider: An individual 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 individual 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 requirements.

Environmental Degradation: Severe harm to environmental media due to the depletion of natural resources, destruction of environmental habitats, extinction of wildlife, or pollution of environmental media and deterioration of air, water, and soil quality.

Environmental Emergencies: Any operational incident within any activity or establishment 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 to verify 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 case 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 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 thereof in a manner that does not conflict with the confidentiality charter.

    • C- Taking any photographs related to the environmental inspection for documentation purposes, provided 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 must 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 must 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 expenditures, and submit it to the center within (30) days from the date 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; the center's decision must include 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, provided it does not exceed (30) additional days, and in this 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 prohibit entry except under specific security procedures.

  • 2- Coordination with the supervising authority includes providing it with clarifying 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: Conditions Requiring an Environmental Audit Study

• Activities must conduct an environmental audit study as follows:

  • A- For activities classified under the second and third categories according to the Implementing Regulation for Permits for Construction, Operation, and Closure of Activities, when renewing the environmental operation 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, in accordance with the study structure model and information outlined in Appendix No. (1) of this regulation, and submit it to the center along with the application for renewing the environmental operation 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 request for 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, with notification to the individuals for a period not exceeding (15) days.

  • 4- The center may inspect the study site to verify the details against 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 obligation for individuals if the inspection records on the center's environmental compliance and the results of the environmental revision study indicate their compliance - at a minimum - with the law, regulations, standards, and relevant environmental requirements.

2- The center may grant individuals holding the certificate of environmental obligation the right to use the environmental obligation badge – in accordance with the requirements set by the center.

Violations of the provisions of this Regulation shall be monitored, and the penalties specified in Table No. (1) shall be imposed in accordance with the Executive Regulation for Monitoring Violations and Imposing Penalties under the Environmental System.

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