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Law No. (4) of 2011 On Amending Law of Environment Protection & Development In Ras Al Khaimah No. (2) of 2007

Law
Law No. (4) of 2011 On Amending Law of Environment Protection & Development In Ras Al Khaimah No. (2) of 2007 We, Saud Bin Saqr Bin Mohamed Al Qasimi - Ruler of Ras Al Khaimah After perusal of Law No. 2 of 2007 on Environment Protection & Development in Ras Al Khaimah; And Resolution No. 4 of 2007 on Organizational Structure; And Emiri Decree No. 8 of 2011 on Environment Protection & Development Authority; And based on what had been presented to us by Crown Prince; And based on what is required by public interest; Have promulgated the following Law: Article 1 The phrase “Crown Prince & Deputy Ruler” stated in Article 1 of Law No. 2 of 2007 under Definitions Clause by the phrase “Crown Prince: Crown Prince of Emirate of Ras Al Khaimah” Also, the phrase “ Crown Prince & Deputy Ruler” shall be replaced wherever it is stated in such law by the phrase “Crown Prince”. Article 2 Article (3) of Law no. 2 of 2007 shall be amended to be read as follows: An authority for environment protection & development shall be formed in Ras Al Khaimah, and named as Environment & Development Authority – Ras Al Khaimah and in English as “Environment Protection and Development Authority and known in short as EPDA-RAK. It shall have legal personality and legal capacity to the extent that enables it to achieve its objectives within the framework of supervision and control of Finance Department, and it shall be the competence authority of environmental affair in emirate of Ras Al Kaimah. Article 3 1- Clause 6 of Article (7) of Law no. 2 of 2007 shall be amended to be read as follows: 2- Propose drafts of laws, emiri decrees and regulations necessary to protect environment and development and present the same to the Ruler. 3- Clauses 9 and 16 of the same article in the mentioned law shall be cancelled and the clauses stated in this article shall be re-numbered. 4- The phrase “After financial auditing by Finance Department” shall be added after the word “approval” stated in clause 15 of the same article in the mentioned law. Article 4 The text of Article 11 of Law no. 2 of 2007 shall be replaced by the following text: Article (11) The Authority shall have balance sheet that includes revenue and expenses items. Article 5 The text of Article 12 of Law no. 2 of 2007 shall be replaced by the following text: The annual revenue shall consist of: - Environmental fees of facilities operating in the emirate. - Amounts provided by Regional & International Organizations concerned with environment to support or execute joint programs. - Gifts, subsidies, grants and bequests accepted by the President according to rules which he places in this regard. - Proceeds of movable and immovable funds of the Authority, if any. - Annual provisions allocated by the government of the emirate to the Authority. - Other revenue materialized by the Authority through practicing its activities including violations and fines stated in federal and local laws. Article 6 The text of Article 13 of Law no. 2 of 2007 shall be replaced by the following text: Article 13 “Permanent advance of five hundred thousand dirhams from Finance Department shall be transferred to account of Environment Protection & Development Authority to meet its needs and requirements provided that it shall be compensated, if needed, similar to other government departments and it shall be allowed to continue opening and managing its own account with one of the banks operating in Ras Al Khaimah for the purpose of managing the mentioned advance”. Article 7 The text of Article 16 of Law no. 2 of 2007 shall be replaced by the following text:- Environment Protection & Development Authority shall be subject to financial supervision and subsequent control of Financial Control Department and all the revenue of the Authority shall be transferred to Ras Al Khaimah Government account with RAK Bank. Also, all contracts that resulted in financial obligations on the Authority and which values exceed the amount of the established advance shall be referred to Finance Department. The employees of the Authority shall receive their salaries and dues by Finance Department. Article 8 The text of Article 22 of Law no. 2 of 2007 shall be replaced by the following text: The employees of Environment Protection & Development Authority in terms of their appointment, promotion, termination and other matters shall be subject to the provisions of Civil Service Law of 2003 and the laws amending it. Article 9 All provisions of Law no. 2 of 2007 and systems and decisions issued in respect thereof that contradict with this law shall be cancelled and the provisions of this law shall prevail over other provisions and texts. Article 10 The Emiri Decree no. 8 of 2011 shall be cancelled. Article 11 This Law shall come into force as date of its issuance and be published in the Official Gazette. Saud Bin Saqr Bin Mohamed Al Qasimi, Ruler of RAK Issued by us on this day ninth of Jumada Al Akher 1431H. Corresponding to twelfth of May 2011 G.
  • The phrase “Crown Prince & Deputy Ruler” stated in Article 1 of Law No. 2 of 2007 under Definitions Clause by the phrase “Crown Prince: Crown Prince of Emirate of Ras Al Khaimah”
    Also, the phrase “ Crown Prince & Deputy Ruler” shall be replaced wherever it is stated in such law by the phrase “Crown Prince”.
  • Article (3) of Law no. 2 of 2007 shall be amended to be read as follows: 
    An authority for environment protection & development shall be formed in Ras Al Khaimah, and named as Environment & Development Authority – Ras Al Khaimah and in English as “Environment Protection and Development Authority  and known in short as EPDA-RAK. It shall have legal personality and legal capacity to the extent that enables it to achieve its objectives within the framework of supervision and control of Finance Department, and it shall be the competence authority of environmental affair in emirate of Ras Al Kaimah.
  • 1- Clause 6 of Article (7) of Law no. 2 of 2007 shall be amended to be read as follows: 
    2- Propose drafts of laws, emiri decrees and regulations necessary to protect environment and development and present the same to the Ruler. 
    3- Clauses 9 and 16 of the same article in the mentioned law shall be cancelled and the clauses stated in this article shall be re-numbered. 
    4- The phrase “After financial auditing by Finance Department” shall be added after the word “approval” stated in clause 15 of the same article in the mentioned law. 
  • The text of Article 11 of Law no. 2 of 2007 shall be replaced by the following text: 
    Article (11) The Authority shall have balance sheet that includes revenue and expenses items. 
  • Article 5
    The text of Article 12 of Law no. 2 of 2007 shall be replaced by the following text: 
    The annual revenue shall consist of: 
    - Environmental fees of facilities operating in the emirate. 
    - Amounts provided by Regional & International Organizations concerned with environment to support or execute joint programs. 
    - Gifts, subsidies, grants and bequests accepted by the President according to rules which he places in this regard.  
    - Proceeds of movable and immovable funds of the Authority, if any.
    - Annual provisions allocated by the government of the emirate to the Authority.
    - Other revenue materialized by the Authority through practicing its activities including violations and fines stated in federal and local laws. 
  • The text of Article 13 of Law no. 2 of 2007 shall be replaced by the following text: 
    Article 13 “Permanent advance of five hundred thousand dirhams from Finance Department shall be transferred to account of Environment Protection & Development Authority to meet its needs and requirements provided that it shall be compensated, if needed, similar to other government departments and it shall be allowed to continue opening and managing its own account with one of the banks operating in Ras Al Khaimah for the purpose of managing the mentioned advance”.  
  • The text of Article 16 of Law no. 2 of 2007 shall be replaced by the following text:- 
    Environment Protection & Development Authority shall be subject to financial supervision and subsequent control of Financial Control Department and all the revenue of the Authority shall be transferred to Ras Al Khaimah Government account with RAK Bank. Also, all contracts that resulted in financial obligations on the Authority and which values exceed the amount of the established advance shall be referred to Finance Department. The employees of the Authority shall receive their salaries and dues by Finance Department. 
  • The text of Article 22 of Law no. 2 of 2007 shall be replaced by the following text: 
    The employees of Environment Protection & Development Authority in terms of their appointment, promotion, termination and other matters shall be subject to the provisions of Civil Service Law of 2003 and the laws amending it.  
  • All provisions of Law no. 2 of 2007 and systems and decisions issued in respect thereof that contradict with this law shall be cancelled and the provisions of this law shall prevail over other provisions and texts. 
  • The Emiri Decree no. 8 of 2011 shall be cancelled. 
  • This Law shall come into force as date of its issuance and be published in the Official Gazette.
Classification
  • Environmental Legislation
  • AdministrativeLegislation
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