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Law No. 5 of 2006 on Regulating Drilling of Groundwater Wells

Law
Law No. 5 of 2006 on Regulating Drilling of Groundwater Wells We, SAQR BIN MUHAMED BIN SALIM Al QASSIMI, Ruler of Ras Al Khaimah, - After perusal of Federal Law No (7) of 1993 to establish Federal Environmental Agency (FEA), as amended; - Federal Law No. (3) of 1999 on Exploitation, Protection and Development of Aquatic Living Resources; - Federal Law No. (24) of 1999 on Environment Protection and Development; and - Based on the presentation submitted by Crown Prince and Deputy-Ruler, Have promulgated the following Law: Article (1) In implementation of this Law provisions, the following words and phrases shall have the meanings assigned hereto unless otherwise required by context: Emirate: is Ras Al Khaimah Emirate. Municipality: is Ras Al Khaimah Municipality. President of Municipality: is the President of Ras Al Khaimah Municipality. Director-General: is the Director-General of Municipality. Competent Division: is the Competent Municipality Division having competencies on application of this Law provisions. Competent Authority: includes any Ministry or Federal or Local Department, Agency or Establishment relating to the application of this Law provisions. Individual: is the natural, public, or private legal person. Owner: is the individual under his/her name the well or the project; through which the well water is operated, is registered. Groundwater: Non-including tanks water, ponds, cisterns or basins that are artificially created to store water therein, groundwater is the water exists normally underground and is abstacted by well. Groundwater Basin: is a groundwater gathering with an area extends between the maximum two points water reaches because of its movement around the center. Well: is any drilling, trench or hole through which groundwater is withdrew or upwelled and is liquidated above earth surface. In addition, all facilities established thereon and instruments and equipment utilized for this end shall be deemed part thereof. Abstraction: is to abstract or upwell groundwater to the surface of earth by any mean whatsoever. Exhaustion: is to abstract groundwater from underground with quantities much more than feeding rates leading to depletion or salinization. Pollution: means any change in natural, physical, chemical and biological properties of water in the groundwater basin to the extent that makes the same invalid for its intended use. Salinization: is the concentration increase of total dissolved water in groundwater much more than the natural limits within the groundwater basin. Water Balance: is the difference between the amount of abstracted groundwater and the amount of renewable groundwater. Restricted Zone: is the area extending between the farthest point water reaches or establishing activities that can affect the validity of groundwater therein, which is areally determined by Municipality. Impact Zone: is the area extending between the farthest point groundwater reaches around the groundwater basin center that leads to its mixture with other adjacent basins or any other underground or surface feeding resources. Article (2) Emirate owns groundwater existing in different producing layers which is being abstracted using wells therein. However, every well established on the Emirate’s lands without license shall be deemed one of the public water facilities of the Emirate without paying any compensations against the same in addition to applying the penalties stipulated in this Law. Article (3) In coordination with local and Federal relevant authorities, Competent Division shall perform the following duties: 1. Determining and classifying groundwater basins in the Emirate; 2. Determining zones authorized to abstract groundwater therefrom in addition to determining unauthorized adjacent zones; 3. Developing environmental engineering standards and requirements necessary to protect and regulate exploitation of groundwater resources in the Emirate; determining utilization and rationalizing consumption thereof; 4. Licensing wells drilling, increasing their capacity, maintaining or changing their utilization purposes; 5. Granting licenses to companies and establishments operating in the Emirate in the field of wells drilling; 6. Conducting geo-hydrological studies illustrating the movement of groundwater; determining depth of aquifer, impact zone and feeding resources; and identifying the biological situation of aquifers; 7. Determining number of wells permitted to abstract groundwater therefrom within one geographical zone and determining their depth and dimensions and distances there-between; and 8. Determining quantities of groundwater permitted to be abstracted from one well based on water balance level on site, concentration of dissolved chemical elements and utilization purposes. Article (4) Nobody may drill a well in the Emirate to abstract groundwater without having a prior permit of the same from the Competent Division. However, this permit shall be granted pursuant to requirements and conditions approved in this regard. Article (5) The permit mentioned in the prior Article must include a statement of the well location, depth, diameter capacity, and et al including other essential data, especially the following: 1. The purpose of utilizing this abstracted groundwater; 2. Maximum limit of groundwater quantity that may be abstracted daily from the well in cubic meter or in any other measurement unit approved by Competent Division; 3. Specifications and pumps power of abstracting water from the well; and 4. Specifications of the meter installed on the well to measure quantity of abstracted water. Article (6) A. Owner shall arrange on the well installation of a meter approved by Competent Division in order to measure quantities of groundwater abstracted therefrom. However, this meter shall be subject to periodic inspection by this Division to ensure its validity and operation safety; and B. Upon meter installation by the owner, Competent Divisions hall take technical procedures necessary to avoid manipulation with its metering, substitution with another or causing any change therein leading to preclude precise measurement of groundwater quantities abstracted. Therefore, meter reading shall be deemed an adequate evidence of the groundwater abstracted from the well. Article (7) No one may deepen or widen the diameter of any well, make any alteration to the well or to equipment or instruments installed thereon with an objective to increase its producing capacity without obtaining prior approval from Competent Division. Article (8) A. Any individual may only practice the profession of drilling wells in the Emirate after obtaining a license of the same from Competent Division, and B. Any individual having desire to practice the profession of drilling wells must be classified and registered by Ministry of Agriculture and Fisheries Wealth pursuant to conditions approved thereby. Article (9) Competent Division is entitled to cancel licenses granted to owners pursuant to Paragraph (A) of Article No. 8 whenever it is approved that the Licencee drilled, deepened, is drilling or is deepening any well without obtaining the permit necessary for the same from Competent Division. Article (10) Groundwater abstracted from the well shall be under quality control by Competent Division including conducting chemical and bacteriological tests in addition to other tests necessary to ensure validity of this water for usages abstracted for them. Article (11) Competent Division has the authority to close any well exceeding the quantity authorized to be extracted therefrom or if it is approved that the same is polluted or concentration of dissolved solids therein escalated to rates above normal averages of these increases pursuant to criteria approved in this regard. Article (12) Owner must keep special register wherein all data related to the well shall be recorded i.e. date of drilling, depth and quantity of water abstracted. However, this register shall be kept constantly on site of the well for control and inspection purposes needed by Competent Division. Article (13) No one may utilize groundwater for selling or trading purposes without obtaining an approval from Competent Division. Article (14) Any individual may only install, operate or substitute desalination units for agricultural purposes or any other purposes whatsoever after obtaining a permit of the same from Competent Division. Article (15) Within three month as of the date of this Law promulgation, owner must apply registration of installed desalination units before Competent Division pursuant to form prepared for the same. However, proposed application must specify how to dispose desalination outputs and how to store chemicals utilized for desalination. Article (16) A. No one may desalinize water for agricultural purposes nor practice the profession of installing desalination units for agricultural purposes unless he/she is classified by Ministry of Agriculture and Fishery Wealth pursuant to conditions approved thereby; and B. Competent Division shall issue licenses of installing desalination units for agriculture purposes. Article (17) After conducting necessary inspection, Competent Division must ensure that disposal of outputs and storage of chemicals after desalination process are performed pursuant to technical conditions set out in executive regulation. Article (18) Competent Division is entitled to oblige owner to change the way of outputs disposal and chemicals storage based on inspection and special technical inputs. However, desalination unit shall be only registered after complying the same. Article (19) No one may dump, collect or bury any of the following materials inside zones of groundwater basins: 1. Solid, liquid or gas industrial wastes; 2. Any hazardous chemicals; 3. Any unprocessed waste materials; and 4. Any materials that may change natural properties of water such as color, taste, smell or alkalinity, whenever exist. Article (20) It is prohibited to establish cemeteries or bury dead animals within zones of groundwater basins. Article (21) It is prohibited to store any hazardous materials nor to practice any activity on Earth or in subsoil near to groundwater resources or inside groundwater basins zones without obtaining a permit of the same from Competent Division. Article (22) Any person discovering the existence of groundwater during conducting any excavations must notify Municipality of the same within no more than two days of discovering that water. Article (23) All permits issued by Competent Division on zones considered prohibited by Municipality after granting these permits shall be automatically cancelled. Article (24) Without prejudice to any severer penalty stipulated by any other legislation, companies and establishments operating in wells drilling violating provisions of this Law, executive regulation thereof or resolutions or directions issued thereunder shall be penalized with no less than (AED 5000/-) five thousand Dirhams and no more than (AED 10,000/-) ten thousand Dirhams. However, individual well owners shall be penalized with no less than (AED 300/-) three hundred Dirhams and no more than (AED 1000/-) a thousand Dirhams. If violation is repeated within one year as of commitment of the same prior violation, penalty shall be doubled up to the maximum limit of the penalty. Municipality may take one or more of the following measures against the violator: 1. To cease validity of permit permanently or temporarily for no more than one month; 2. To close the well; and 3. To confiscate or destruct equipment, instruments and materials in breach of approved conditions and specifications. Article (25) Municipality staff and inspectors delegated by Director-General for such purpose shall have the authority of judicial officers to detect and prove actions committed in violation to provisions and executive regulation of this Law and resolutions rendered accordingly. In this regard, they are entitled to access sites of wells, zones of groundwater basins and all places included under its provisions. Moreover, they are entitled to access registers and records; confiscate, seizure, examine and analyze instruments, equipment and materials in breach or in utilization whenever conducting violation; and draw up necessary confiscation reports. Article (26) Besides penalties provided under provisions of this Law, violator whose action or negligence causes damage to groundwater shall be liable to remove such damage or compensate the same. Article (27) If violator fails to remove causes of violation or damage resulted therefrom within grace period determined by Competent Division, this Division is entitled to take necessary procedures to remove such damage and claim violator to assume costs of removal plus (10%) of these costs in the form of administrative expenses. Article (28) In consideration for permits and licenses given and services provided under this Law, Municipality shall be paid fees not less than (AED 200/-) two hundred Dirhams and no more than (AED 1000/-) a thousand Dirhams by individual well owners. However, the same shall be paid, with regard to licenses to operate in drilling, fees not less than (AED 10,000/-) ten thousand Dirhams and no more than (AED 15,000/-) fifteen thousand Dirhams. Executive regulation of this Law shall specify the amount of fees set out for permits and licenses issued and services provided. Article (29) Owners of wells established before promulgation of this Law shall approach Competent Division to license their wells within (3) three months as of its promulgation date. Article (30) In implementation of provisions of this Law and executive regulation, resolutions and instructions issued thereby, Competent Division shall seek the assistance of the Emirate’s government departments and public authorities and establishments including Police staff. However, all these bodies must provide assistance as soon as possible whenever requested to do so. Article (31) Any provision in contradiction or in violation with provisions of this Law shall be repealed. Article (32) Crown Prince and Ruler-Deputy or Municipality President shall promulgate executive regulation of this Law. However, resolutions and instructions necessary to implement this Law provisions shall be issued by Director-General. SAUD BIN SAQR BIN MUHAMED Al QASIMI Ruler of Ras Al Khaimah Promulgated on this day 5th of Sha’ban, 1427 A.H. Corresponding to 28th of August 2006 A.D.
  • In implementation of this Law provisions, the following words and phrases shall have the meanings assigned hereto unless otherwise required by context:
    Emirate: is Ras Al Khaimah Emirate.
    Municipality: is Ras Al Khaimah Municipality.
    President of Municipality: is the President of Ras Al Khaimah Municipality.
    Director-General: is the Director-General of Municipality.
    Competent Division: is the Competent Municipality Division having competencies on application of this Law provisions.
    Competent Authority: includes any Ministry or Federal or Local Department, Agency or Establishment relating to the application of this Law provisions.
    Individual: is the natural, public, or private legal person.
    Owner: is the individual under his/her name the well or the project; through which the well water is operated, is registered.
    Groundwater: Non-including tanks water, ponds, cisterns or basins that are artificially created to store water therein, groundwater is the water exists normally underground and is abstacted by well.
    Groundwater Basin: is a groundwater gathering with an area extends between the maximum two points water reaches because of its movement around the center.
    Well: is any drilling, trench or hole through which groundwater is withdrew or upwelled and is liquidated above earth surface. In addition, all facilities established thereon and instruments and equipment utilized for this end shall be deemed part thereof.
    Abstraction: is to abstract or upwell groundwater to the surface of earth by any mean whatsoever.
    Exhaustion: is to abstract groundwater from underground with quantities much more than feeding rates leading to depletion or salinization.
    Pollution: means any change in natural, physical, chemical and biological properties of water in the groundwater basin to the extent that makes the same invalid for its intended use.
    Salinization: is the concentration increase of total dissolved water in groundwater much more than the natural limits within the groundwater basin.
    Water Balance: is the difference between the amount of abstracted groundwater and the amount of renewable groundwater.
    Restricted Zone: is the area extending between the farthest point water reaches or establishing activities that can affect the validity of groundwater therein, which is areally determined by Municipality.
    Impact Zone: is the area extending between the farthest point groundwater reaches around the groundwater basin center that leads to its mixture with other adjacent basins or any other underground or surface feeding resources.  
  • Emirate owns groundwater existing in different producing layers which is being abstracted using wells therein. However, every well established on the Emirate’s lands without license shall be deemed one of the public water facilities of the Emirate without paying any compensations against the same in addition to applying the penalties stipulated in this Law.  

  • In coordination with local and Federal relevant authorities, Competent Division shall perform the following duties:
    1. Determining and classifying groundwater basins in the Emirate;
    2. Determining zones authorized to abstract groundwater therefrom in addition to determining unauthorized adjacent zones;
    3. Developing environmental engineering  standards and requirements necessary to protect and regulate exploitation of groundwater resources in the Emirate; determining utilization and rationalizing consumption thereof;
    4. Licensing wells drilling, increasing their capacity, maintaining  or changing their utilization purposes;
    5. Granting licenses to companies and establishments operating in the Emirate in the field of wells drilling;
    6. Conducting geo-hydrological studies illustrating the movement of groundwater; determining depth of aquifer, impact zone and feeding resources; and identifying the biological situation of aquifers;
    7. Determining number of wells permitted to abstract groundwater therefrom within one geographical zone and determining their depth and dimensions and distances there-between; and 
    8. Determining quantities of groundwater permitted to be abstracted from one well based on water balance level on site, concentration of dissolved chemical elements and utilization purposes.

  • Nobody may drill a well in the Emirate to abstract groundwater without having a prior permit of the same from the Competent Division. However, this permit shall be granted pursuant to requirements and conditions approved in this regard.
  • The permit mentioned in the prior Article must include a statement of the well location, depth, diameter capacity, and et al including other essential data, especially the following:
    1. The purpose of utilizing this abstracted groundwater;
    2. Maximum limit of groundwater quantity that may be abstracted daily from the well in cubic meter or in any other measurement unit approved by Competent Division;
    3. Specifications and pumps power of abstracting water from the well; and 
    4. Specifications of the meter installed on the well to measure quantity of abstracted water.
  • A. Owner shall arrange on the well installation of a meter approved by Competent Division in order to measure quantities of groundwater abstracted therefrom. However, this meter shall be subject to periodic inspection by this Division to ensure its validity and operation safety; and
    B. Upon meter installation by the owner, Competent Divisions hall take technical procedures necessary to avoid manipulation with its metering, substitution with another or causing any change therein leading to preclude precise measurement of groundwater quantities abstracted. Therefore, meter reading shall be deemed an adequate evidence of the groundwater abstracted from the well.
       
  • No one may deepen or widen the diameter of any well, make any alteration to the well or to equipment or instruments installed thereon with an objective to increase its producing capacity without obtaining prior approval from Competent Division.
  • A. Any individual may only practice the profession of drilling wells in the Emirate after obtaining a license of the same from Competent Division, and
    B. Any individual having desire to practice the profession of drilling wells must be classified and registered by Ministry of Agriculture and Fisheries Wealth pursuant to conditions approved thereby.
  • Competent Division is entitled to cancel licenses granted to owners pursuant to Paragraph (A) of Article No. 8 whenever it is approved that the Licencee drilled, deepened, is drilling or is deepening any well without obtaining the permit necessary for the same from Competent Division.
  • Groundwater abstracted from the well shall be under quality control by Competent Division including conducting chemical and bacteriological tests in addition to other tests necessary to ensure validity of this water for usages abstracted for them.
  • Competent Division has the authority to close any well exceeding the quantity authorized to be extracted therefrom or if it is approved that the same is polluted or concentration of dissolved solids therein escalated to rates above normal averages of these increases pursuant to criteria approved in this regard.    
     
  • Owner must keep special register wherein all data related to the well shall be recorded i.e. date of drilling, depth and quantity of water abstracted. However, this register shall be kept constantly on site of the well for control and inspection purposes needed by Competent Division.
  • No one may utilize groundwater for selling or trading purposes without obtaining an approval from Competent Division.
  • Any individual may only install, operate or substitute desalination units for agricultural purposes or any other purposes whatsoever after obtaining a permit of the same from Competent Division.  

  • Within three month as of the date of this Law promulgation, owner must apply registration of installed desalination units before Competent Division pursuant to form prepared for the same. However, proposed application must specify how to dispose desalination outputs and how to store chemicals utilized for desalination.
  • A. No one may desalinize water for agricultural purposes nor practice the profession of installing desalination units for agricultural purposes unless he/she is classified by Ministry of Agriculture and Fishery Wealth pursuant to conditions approved thereby; and
    B. Competent Division shall issue licenses of installing desalination units for agriculture purposes.

  • After conducting necessary inspection, Competent Division must ensure that disposal of outputs and storage of chemicals after desalination process are performed pursuant to technical conditions set out in executive regulation. 
  • Competent Division is entitled to oblige owner to change the way of outputs disposal and chemicals storage based on inspection and special technical inputs. However, desalination unit shall be only registered after complying the same.  
  • No one may dump, collect or bury any of the following materials inside zones of groundwater basins:
    1. Solid, liquid or gas industrial wastes;
    2. Any hazardous chemicals;
    3. Any unprocessed waste materials; and
    4. Any materials that may change natural properties of water such as color, taste, smell or alkalinity, whenever exist. 
  • It is prohibited to establish cemeteries or bury dead animals within zones of groundwater basins.  
  • It is prohibited to store any hazardous materials nor to practice any activity on Earth or in subsoil near to groundwater resources or inside groundwater basins zones without obtaining a permit of the same from Competent Division.
  • Any person discovering the existence of groundwater during conducting any excavations must notify Municipality of the same within no more than two days of discovering that water. 
  • All permits issued by Competent Division on zones considered prohibited by Municipality after granting these permits shall be automatically cancelled. 
  • Without prejudice to any severer penalty stipulated by any other legislation, companies and establishments operating in wells drilling violating provisions of this Law, executive regulation thereof or resolutions or directions issued thereunder shall be penalized with no less than (AED 5000/-) five thousand Dirhams and no more than (AED 10,000/-) ten thousand Dirhams. However, individual well owners shall be penalized with no less than (AED 300/-) three hundred Dirhams and no more than (AED 1000/-) a thousand Dirhams. If violation is repeated within one year as of commitment of the same prior violation, penalty shall be doubled up to the maximum limit of the penalty.
    Municipality may take one or more of the following measures against the violator:
    1. To cease validity of permit permanently or temporarily for no more than one month;
    2. To close the well; and
    3. To confiscate or destruct equipment, instruments and materials in breach of approved conditions and specifications.  
  • Municipality staff and inspectors delegated by Director-General for such purpose shall have the authority of judicial officers to detect and prove actions committed in violation to provisions and executive regulation of this Law and resolutions rendered accordingly. In this regard, they are entitled to access sites of wells, zones of groundwater basins and all places included under its provisions. Moreover, they are entitled to access registers and records; confiscate, seizure, examine and analyze instruments, equipment and materials in breach or in utilization whenever conducting violation; and draw up necessary confiscation reports.  
  • Besides penalties provided under provisions of this Law, violator whose action or negligence causes damage to groundwater shall be liable to remove such damage or compensate the same. 

  • If violator fails to remove causes of violation or damage resulted therefrom within grace period determined by Competent Division, this Division is entitled to take necessary procedures to remove such damage and claim violator to assume costs of removal plus (10%) of these costs in the form of administrative expenses.  

  • In consideration for permits and licenses given and services provided under this Law, Municipality shall be paid fees not less than (AED 200/-) two hundred Dirhams and no more than (AED 1000/-) a thousand Dirhams by individual well owners. However, the same shall be paid, with regard to licenses to operate in drilling, fees not less than (AED 10,000/-) ten thousand Dirhams and no more than (AED 15,000/-) fifteen thousand Dirhams.
    Executive regulation of this Law shall specify the amount of fees set out for permits and licenses issued and services provided.

  • Owners of wells established before promulgation of this Law shall approach Competent Division to license their wells within (3) three months as of its promulgation date.
  • In implementation of provisions of this Law and executive regulation, resolutions and instructions issued thereby, Competent Division shall seek the assistance of the Emirate’s government departments and public authorities and establishments including Police staff. However, all these bodies must provide assistance as soon as possible whenever requested to do so.
  • Any provision in contradiction or in violation with provisions of this Law shall be repealed.
  • Crown Prince and Ruler-Deputy or Municipality President shall promulgate executive regulation of this Law. However, resolutions and instructions necessary to implement this Law provisions shall be issued by Director-General.
Classification
  • Environmental Legislation
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