Regulations for reconciliation and grievances regarding environmental violations and fines in Abu Dhabi

The Environment Agency – Abu Dhabi issued a regulation regarding reconciliation and grievance for environmental administrative violations and fines in the emirate, which ensures the provision of a clear mechanism for reconciliation and grievance, sets an integrated regulatory framework for the two procedures, supports the principle of transparency and encourages the violator to reconcile and voluntarily pay administrative fines.

The regulations were prepared in accordance with the provisions of Law No. (16) of 2005 regarding the reorganization of the Environment Agency – Abu Dhabi and its amendments, which grants the authority the authority to offer reconciliation to the violator regarding the violations and administrative fines it imposes in exchange for the violator’s commitment to pay a fine equivalent to 75% of the total administrative fine specified. For violations, the provisions of the regulations apply to the violations and administrative fines included in the Authority’s Board of Directors Resolution No. (2) of 2021 in As for the schedule of administrative violations and fines, the regulations specify the procedures and controls for reconciliation and grievances related to violations and administrative fines imposed by the Environment Agency – Abu Dhabi.

The regulations stipulate that reconciliation is not permissible in the event of the same violation being repeated except after one year has passed, calculated from the date of committing the previous violation. It is also not permissible to reconcile violations that are determined by the Authority or that have an environmental impact in accordance with the considerations decided by the Authority. The regulations also stipulate that in In the circumstances in which it is not permissible to offer reconciliation to the violator, or it is rejected by him, or the prescribed period for paying the reconciliation has expired, the violator is obligated to pay the full value of the prescribed fine within a specified period from the date of issuance of the fine. The minutes of the procedures. The violator is also obligated to remove traces of the violation and restore the situation to what it was on the date specified by the Authority. If he does not do so, the Authority will remove them at his expense.

In terms of grievance procedures, the regulations give the violator the right to file a grievance against the violation within (60) days from the date the violator is notified of it, provided that the grievance includes all the reasons on which the grievance is based, and is accompanied by all the data that he wishes to submit to prove the grievance, and the consequences of rejecting the grievance The violator is obligated to pay the prescribed administrative fine, and the decision issued in the grievance is considered final.

The Secretary-General of the Environment Agency – Abu Dhabi, Dr. Sheikha Salem Al Dhaheri, said that issuing the regulation comes within the framework of developing the legislative system related to environmental enforcement and imposing environmental administrative violations and fines in the Emirate of Abu Dhabi, which contributes to addressing the potential negative environmental impacts that could arise from development activities. Industrial, tourism and other activities, thus supporting the Authority’s efforts to preserve the environment and its various elements and sustain them for future generations.

She indicated that the Environment Agency – Abu Dhabi will implement the requirements of the regulation in the emirate in coordination and cooperation with strategic partners, and based on systematic and organized procedures that will contribute to achieving the desired goals of this regulation.