المملكة: A maximum of 20 million riyals.. 4 penalties for violators of the provisions of the “Environmental Law”

The Ministry of Environment, Water and Agriculture has set a penalty for violating the rules and procedures for the work of committees examining violations of the provisions of the environmental system, which it presented via the “Reconnaissance” platform. With the aim of organizing the work of the committees and the tasks assigned to their members, forming objections committees to consider objections from the concerned parties, and clarify violations, penalties, fines, and assessment and collection mechanisms.
The Ministry explained that the committees are responsible for examining violations of the provisions of the system and its executive regulations, and imposing penalties on violators, which include a fine not exceeding twenty million riyals, suspension of the license or permit for a period not exceeding 6 months, or cancellation of the license or permit.

Penalties for violators

The penalties include imposing a fine for each day that the violator continues to violate it after being notified of the committee’s decision, provided that this fine begins to be calculated from the date determined by the committee’s decision, or doubling the penalty mentioned in paragraphs “1” and “2” of this article signed by the violator in In the event that the same violation is repeated within one year from the date on which the previous penalty decision becomes final, with the exception of what is stated in Paragraph “2” of Article “40” of the law.

The committees are responsible for examining and adjudicating objections and grievances submitted by concerned parties to the penalties and fines imposed on them in accordance with the law and its executive regulations, and issuing decisions regarding them.
The Ministry has set the controls for the work of the committees, which are for the committees to look into what is submitted to them – according to their jurisdiction – of violations of the provisions of the law and regulations, impose penalties, consider and decide on objections and grievances of those concerned, and issue decisions regarding them.
It allows the committees to request the presence and hearing the statements of whomever they deem competent when examining a violation, and they may be satisfied with a written statement through the available means determined by the committee.
The committees apply the system of legal proceedings and the system of criminal procedures – as the case may be – in what is not stipulated in these rules, and in a manner that does not conflict with the powers, powers and nature of their work. Proof before the committees shall be through all methods of proof in a manner that does not conflict with the nature of the case, and what is stipulated in the law. Proof.
The Ministry indicated that the violator may ask the committee to give him time to prepare his defence, and the committee must give him sufficient time for that.

According to the regulations, if it becomes clear to the committees in a violation brought before them that there are violators other than those against whom the violation was submitted, or other facts related to the violation presented, they must return the violation to the competent authority to complete the relevant procedures, and upon completion of the necessary procedures, the competent authority must provide a statement. Committee on what was done.
She added that if the violator denies committing the violation attributed to him, or refrains from answering, or answers with an answer that is not appropriate, then the committees must begin looking into the evidence presented and do what they deem necessary in this regard, and if examining the violation requires providing information to a government agency or other parties, or the like. Therefore, the committees send to the concerned authority a letter stating what is requested, along with copies of the transaction papers that are important for the entity to see.

Control violations

It was stated that the Committee may seek assistance in technical matters related to the violation from one or more experts whom it deems experienced and specialized. If, upon reviewing the violation, the Committee deems it necessary to conduct an inspection or verify the circumstances of the violation, it will undertake this itself, or appoint one of its members or others to do so.
The Ministry obligated the competent authority to refer violations whose fine exceeds 100,000 riyals, according to the violation classification tables in the regulations, to the head of the committee through the committees secretariat, in accordance with the administrative mechanism approved by the competent authority.
The secretariat of the committees verifies that all requirements specified in the executive regulations to control violations and impose penalties for the system are met, and submits them after ensuring their completion to the committee within a period not exceeding 30 days from the date of receipt.

If the committees secretariat finds that the requirements specified in the executive regulations to control violations and impose penalties for the system are not met, the secretariat returns the violation to the competent authority to fulfill the requirements, and the committees secretariat informs the parties of the violation and the relevant authorities of the dates of the sessions scheduled by the session president – whenever requested – a period of time before the session is held. Less than 5 working days.
The committees approve their decisions regarding violations that do not exceed “5,000,000” five million riyals, while the minister or the head of the competent authority, as the case may be, approves the committees’ decisions according to the following: If the fine exceeds 5 million riyals, if the committees’ decisions include canceling the license or permit.
The list of controls stipulates that objections must be submitted to the committee within a period of fifteen (15) working days starting from the date on which the violator is informed or informed of the decision. The committees shall consider the objection and issue their decision regarding it, either accepting or rejecting it, within a period of (30) working days starting from the date The Committees Secretariat receives the objection, and it may seek the assistance of a specialized expert from the competent authority in the field of the violation under consideration. If this is not possible, the Committee may seek the assistance of a specialized external expert.