The Environment Agency – Abu Dhabi (EAD) has issued a regulation concerning reconciliation and appeal procedures related to environmental administrative violations and fines in the emirate. The regulation provides a clear mechanism for both reconciliation and appeal processes, establishing a robust regulatory framework that promotes transparency and encourages violators to reconcile and voluntarily pay any administrative fines incurred.
The regulation has been developed under the provisions of Law No. (16) of 2005 concerning the reorganisation of EAD, and its amendments, which grants EAD the authority to offer reconciliation to violators regarding administrative violations and fines imposed, in exchange for the violator committing to pay a fine equivalent to 75 per cent of the total administrative fine set for the violation. The regulation applies to violations and administrative fines included in EAD's Board of Directors Decision No. (2) of 2021, concerning the table of administrative violations and fines. It specifies the procedures and regulations for settlement and appeal related to the violations and fines imposed by EAD.
The regulation stipulates that settlement is not permitted for repeated violations unless one calendar year has passed from the date of the previous violation. It also prohibits reconciliation for violations defined by the agency or those that have environmental impact, as determined by EAD. Furthermore, the regulation states that in cases where reconciliation cannot be offered to the violator, or is rejected, or where the settlement deadline has expired, the violator must pay the full fine within a specified period from the date of the procedural report’s issuance. The violator is also obligated to correct the violation's impact and restore the situation to its original pre-violation state within a timeline set by the EAD. If the violator fails to do so, EAD will mitigate the impact at the violator's expense.
Regarding the appeal procedures, the regulation grants the violator the right to appeal the violation within 60 days from the date of notification, provided that the appeal includes all reasons the violator relies on, and any relevant data to support the appeal. If the appeal is rejected, the violator is obligated to pay the administrative fine. Any appeal decision will be regarded as final.
Her Excellency Dr Shaikha Salem Al Dhaheri, Secretary General of EAD, said: “The issuance of the regulation is part of the ongoing development of the legislative system concerning environmental enforcement and the imposition of environmental administrative fines within Abu Dhabi emirate. This effort contributes to addressing potential negative environmental impacts arising from development, industry, tourism, and other activities – supporting the agency's efforts to protect and sustain the environment and its various components for future generations.
“EAD will implement the regulations across the emirate in coordination and cooperation with strategic partners, based on systematic and organised procedures that will contribute to achieving its intended objectives”.
