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المملكة: New requirements for environmental permits…a study of the effects and a 100,000 riyal fine for violators

The Ministry of Environment, Water and Agriculture has determined the general controls for environmental permits for construction and operation, which include that the National Center for Oversight of Environmental Compliance determines all conditions and requirements for issuing an environmental permit.
The permit is issued including its validity period and any requirements set by the center or the competent authority – as the case may be, with the permittee obligated to comply with the requirements of the environmental permit.
The Ministry clarified the requirements for obtaining an environmental permit for construction, including the Center’s approval of the environmental management plan and the environmental rehabilitation plan “for the activities specified in accordance with the executive regulations for environmental rehabilitation,” prepared by an environmental services provider licensed by the Center in accordance with the controls and requirements prepared by the Center and after fulfilling Financial compensation.

Environmental assessment study

The Ministry obligated the permit applicant to prepare an environmental impact assessment study for the “second” category activities in accordance with the study structure model and the information shown, and to take the environmental impact assessment into account within the feasibility studies and preliminary designs for the activities.
It stipulates that the permittee must begin construction work before the expiration of the environmental permit for construction, and if the permit expires, the permittee must apply for a new environmental permit for construction and an updated environmental impact assessment study.
The regulations stipulate that the permit applicant is not entitled to claim the financial compensation paid to the center in the event that the validity period of the environmental permit for construction expires, and the center collects a new financial compensation if the permittee resubmits the application.
The Center may suspend the environmental permit for construction and operation in the event that major modifications are introduced or made to the activity after obtaining the permit until the necessary correction is made, with penalties applied to the violations committed.

Responsibility for environmental impact

The permittee was held responsible for any environmental impact and its treatment if it was found to exist during the stages of activity and was not mentioned in the studies submitted to the center or was based on incorrect information.
She stated that if the Center approves the environmental impact assessment study and issues the environmental permit, the environmental impact study becomes binding and the permit applicant must commit to implementing its findings and recommendations.
The permit applicant has the right to object in writing to the Center’s decisions related to environmental permits before the Center within a period of “15” working days from the date of notification. Objections received after the specified period will not be accepted.
Violators of the executive regulations for environmental permits to establish and operate activities are punished with a maximum penalty of 100,000 riyals in the event that incorrect information, data, or results are provided in any study, plan, or report submitted to the center, and the violation is corrected and the violator is referred to the prosecution.
In the event of practicing the activity without obtaining an environmental permit, or starting construction work for the activity without a valid environmental permit for construction, or making any modification or addition to any authorized activity without obtaining the Center’s approval, or violating the controls and requirements for closing the activity specified by the Center, he shall be punished. Violators will be fined 5,000 riyals for the first category, 20,000 for the second, and 50,000 for the third.
Violators will be fined 1,000 riyals/per condition for the first category, 2,000/per condition for the second category, and 10,000/per condition for the third category in the event of non-compliance with the requirements of the environmental permit.
The regulations obligated violators to pay fines of 20,000 for the second category and 50,000 for the third category, in the event of non-compliance with the implementation of the obligations of the environmental impact assessment study.

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