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Law No. 15 of 2003 on the protection and improvement of the environment.

Country
Type of law
Legislation
Source


Abstract
This Law consisting of 79 articles divided in XII Chapters aims to (i) achieve control over the environment with the aim of protecting and improving it (including water, soil and food) from pollution; (ii) find appropriate methods to measure pollution and work to maintain the environmental balance; (iii) improve the framework and conditions of life through fighting the pollution; (iv) develop practical plans and programs in the sector; and (v) achieve sustainable development, make use of natural resources and work to make the best use of them. Are called to protect the environment and are held directly responsible in case of damage caused to it (i) the General People's Committees; (ii) The Basic Peoples Congresses; (iii) popular committees of institutions, bodies, interests, and companies, whether public or private, national or foreign; and (iv) individuals. Concerned Authorities shall take into consideration the environmental equilibrium and EIA as specified in article 5. The Authority responsible for monitoring the protection and improvement of the environment shall undertake the following tasks and propose plans and programmes for: environment; pollution control; cooperation with the International Authorities on pollution control; education in environment protection; control and protection of water resources; issuance of licences; registration of all chemical materials that may cause pollution; environmental disasters; preparation of necessary legislation for the protection of the environment; research and inspection (art.6). The competent authority, in return for the services and consulting works provided to others, shall charge fees determined by a decision of the supervising authority. Article 9 provides for the establishment of the Environmental Police with the competence to inspect on the environment. The Law is divided as follows General Provision (Articles 1 – 8); Air Pollution (Articles 10 – 17); Protection of Sea and Marine wealth (Articles 18 – 38); Protection of Water Sources (Articles 39 – 47); Protection of Foodstuffs (Articles 48 – 50); Environmental Hygiene (Article 51); Protection from Common Animal Diseases (Article 52); Protection of Soil and Plants (Article 53 – 55); Protection of Wildlife (Article 56 – 57); Biological Safety (Article 58 – 63); Penalties (Articles 64 – 76); Final Provisions (Articles 77 – 79).
Chapter II deals with protection of the air and establishes that all factories and laboratories shall register quantities, qualities and components of air pollutants generated by their activities (art.11). It is prohibited to burn hazardous materials in populated zones (art. 14). Transportation of hazardous materials shall need an authorization (art.15). Control on the emission of pollutants from vehicles is provided for in article 16. Chapter III provides for the protection of seas and marine resources and deals with (i) fishing gear and fishing methods (arts. 18-20); (ii) marine areas pollution (dump into the ports or the territorial waters of dust, stones, sand, dirt, residues of fuel or chemicals, throw oil or oil mixtures, wash tanks). Consequently, the competent authorities that manage oil ports for the shipment of crude oil must equip these ports with the appropriate facilities to receive and treat the waste that is to be disposed of (art.28); (iii) ban of drainage of wastewater, waste disposal and radioactivity materials in the sea (arts. 33-35); (iv) protection of the coasts with regard to constructions on the beaches likely to cause a change in the marine currents or cause the erosion or sedimentation of a neighboring area, protection of the areas subject to natural erosion, approval of the competent authority before building any factory or facility that uses seawater on the coast or receives any waste or detonates any explosives. Chapter IV pertains to the protection of water resources and establishes, as general principle, that the water resources are the property of the people and every person has the right to have access to safe drinking water and uses. The bodies in charge of supervising water resources are requested to ensure the optimal use of these sources, as well as techniques that reduce water consumption to preserve them. The authorities in charge of providing water must provide an amount of purified water suitable for reuse for drinking, agricultural, industrial, or other purposes permitted by the legislation in force (art.42). The drinking water suppliers must purify and treat water, control its quality, and ensure its safety in terms of its physical, chemical, and biological aspects, before it reaches the consumer (art.44). Liquid wastes shall be disposed of in places not connected to the public sewage network (art.47). Chapter V concerns the protection of food and foodstuffs and the preposed authorities must undertake the following (i) control over the remains of chemical pesticides and other materials used in protecting plants and vegetables and their effects on agricultural products; (ii) introduce scientific methods of pest control in order to protect humans and animals from the dangers and effects of using pesticides; (iii) carry out continuous laboratory analysis of foodstuffs with the aim of protecting humans, animals, and plants from the danger of using chemical pesticides; and (iv) use sterilization and preservation materials in food stores and grain silos. Article 49 bans to sell, circulate, import or distribute foodstuffs and agricultural products that are not suitable for human consumption, which means not complying with the health conditions and standards stipulated in the Health Law and its regulations. Chapter VI refers to the environment reclamation and clearing and includes what is required by the concerned bodies in terms of services in order to adhere to the instructions issued by the competent authority regarding the development and implementation of programs to provide services and a healthy environment for citizens. Chapter VII relates to the protection against diseases and establishes that the competent authorities shall take the necessary measures to protect domestic animals from epidemic and infectious diseases and prevent their transmission to humans, by the following procedures (i) supervision of quarantine places and the submission of animals to health laws; (ii) issuance of health certificates while transporting animals; (iii) ensuring the validity of the health certificates for imported animals; (iv) prohibiting to raise imported animals for slaughtering purposes; (v) securing the necessary vaccines and serums; and (vi) ensuring that the necessary health requirements are met in the means of transporting imported animals. Protection of soil and plants is given in Chapter VIII by encouraging the sustainable use of land, the improvement of the soil, and increasing of the plant life to prevent hardening of the soil, desertification, and the loss of water. In order to protect the soil and work on its fertility, those authorities must take the following measures (i) monitoring the concentration of harmful mineral elements in the soil; (ii) protecting the soil from erosion; (iii) following proper agricultural rotations with the use of fertilizers, based on its fertility and appropriate chemical and organic properties; (iv) reducing the use of chemical soil disinfectants in greenhouses; (v) protecting agricultural soils from urban expansion, organizing, dividing and classifying their types, and using that for economic purposes; and (vi) setting up green belts to prevent soil erosion and maintain vegetation cover and seeds not to be moved by the wind. Protection of wildlife is provided for in Chapter IX which states that wild animals and birds must be preserved and protected from extinction by hunting, especially beneficial animals, and for this, protected areas must be designated and in which wild animals and birds are preserved and hunting is strictly prohibited in order to ensure their reproduction. However, in abnormal circumstances in which water and pasture resources are lacking, the concerned authorities must provide foodstuffs that ensure the continuation of wildlife. Hunting shall be permitted only after obtaining the license. Chapter X deals with the protection of the biodiversity and at this regard establishes that (i) all genetically modified and engineered seeds and strains are considered sources of danger to the environment and its natural resources; (ii) it is forbidden to enter, import, sell, or use modified organisms as food or feed, or deal with them in any way, except with the permission of the competent authority; (iii) the isolated use of the results of biotechnology is only permitted with prior permission from the competent authority, and after taking the necessary precautions for the proper management of these materials; and (iv) entities authorized by the competent authority to deal with the results of biotechnology should prepare an emergency plan to avoid any damages that may occur in dealing with biotechnology products. Chapter XI contains offences and penalties. Chapter XII pertains to concluding provisions.
Date of text
Entry into force notes
This Law enters into force on 16 August 2003.
Notes
Law No. 7 of 1982 on environment protection shall be abrogated.
Repealed
No
Serial Imprint
Official Gazette No. 4, 16 August 2003, 37 pp.
Source language

English

Legislation Amendment
No
Original title
قانون رقم 15 لسنة 1371 و.ر. في شأن حماية وتحسين البيئة