Environment Agency – Abu Dhabi (EAD) has issued regulations on administrative penalties, outlining procedures for their imposition and appeals. These regulations empower EAD to take immediate action against environmental violations, correct the behaviour of individuals and establishments, and mitigate resulting damages. By doing so, the agency enhances proactive environmental protection, making these penalties an effective legislative tool that balances preventive and punitive measures.
Developed under Law No. (16) of 2005, which reorganises EAD and its amendments, the regulation applies to administrative penalties imposed on establishments, projects, and individuals for violations that harm the environment. It also sets forth the procedures for imposing and appealing penalties. The regulation grants EAD the authority to enforce penalties within the environmental inspection and enforcement system, ensuring oversight and accountability while implementing proactive or corrective measures to address environmental harm.
The regulation stipulates that EAD shall impose administrative penalties independently of any judicial or administrative procedures, without serving as a replacement or complement to such processes. It grants EAD the authority to impose various penalties on violators, including reprimands, warnings, financial, administrative, and technical supervision, temporary suspension of activities, licence cancellation or suspension, and temporary or permanent closure of establishments.
When imposing penalties, EAD considers multiple factors to ensure fair and effective enforcement, including the extent of environmental damage, the financial and time costs of corrective measures, the violator’s prior compliance record, and any additional factors determined on a case-by-case basis.
The regulation also grants violators the right to appeal penalties within 60 days of notification. If the appeal is not resolved within 90 days of submission, it will be considered accepted. In all cases, the violator must remediate the environmental impact and restore conditions to their original state within the timeframe specified by EAD. If they fail to do so, the agency will take corrective action against the violator.
Her Excellency Dr Shaikha Salem Al Dhaheri, Secretary General of EAD, emphasised that the regulation strengthens the legislative framework for environmental enforcement by leveraging various legal tools to address potential environmental impacts from development, industry, tourism, and other activities. This aligns with EAD’s commitment to preserving and sustaining the environment for future generations.
Her Excellency Al Dhaheri said: “EAD will implement the regulation’s requirements in collaboration with strategic partners across the emirate, following systematic and well-structured procedures to achieve its objectives.”
