The Environment Agency – Abu Dhabi (EAD) has issued a regulation concerning reconciliation and appeal procedures related to environmental administrative violations and fines within the emirate of Abu Dhabi.
The regulation provided a clear mechanism for both reconciliation and appeal processes, establishing a comprehensive regulatory framework for each procedure, promoting transparency, and encouraging 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 percent 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 stipulated that settlement is not permitted for repeated violations unless one calendar year has passed from the date of the previous violation. It also prohibited reconciliation for violations defined by the agency or those that have an environmental impact, as determined by EAD.
Furthermore, the regulation stated 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.
Dr. Shaikha Salem Al Dhaheri, Secretary-General of EAD, stated that the issuance of the regulation 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.
She further indicated that EAD will implement the regulation’s requirements across the emirate in coordination with strategic partners based on systematic and organised procedures that will contribute to achieving the intended objectives of this regulation.