قانون البيئة / ESG في الإماراتLaw No. (15) of 2008 Concerning Protection of Groundwater in the Emirate of Dubai

Article (2) In implementing the provisions of this Law, the following words and expressions will have the meaning indicated opposite each of them unless the context implies otherwise: Emirate: The Emirate of Dubai. Executive Council: The Executive Council of the Emirate of Dubai. DM: The Dubai Municipality. ©2020 The Supreme Legislation Committee in the Emirate of Dubai 1Every effort has been made to produce an accurate and complete English version of this legislation. However, for the purpose of its interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail.

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Law No. (15) of 2008 Concerning Protection of Groundwater in the Emirate of Dubai Page 2 of 9 DEWA: The Dubai Electricity and Water Authority. Person: A natural person or a public or private legal person. Owner: A Person in whose name the land within which a Well is located is registered, or the owner of a project which uses the water of that Well. Groundwater: Water that exists naturally underground and is extracted through a Well. This does not include salt water which emerges during excavations at construction sites; or water stored in man-made reservoirs, ponds, or basins. Groundwater Basin: A body of Groundwater whose area extends between the two farthest points which the water reaches due to its movement around the centre of that waterbody. Well: Any pit or hole through which Groundwater is extracted from underground to the ground surface. The facilities set up around that pit or hole and the equipment and machinery used for this purpose are deemed part of the Well. Extraction: Drawing or lifting Groundwater to the ground surface by any means whatsoever. Overdraft: Extracting Groundwater from Groundwater Basins in amounts exceeding the Groundwater recharge rates, which would lead to depletion or Salinisation of the Groundwater. Contamination: Any change in the natural physical, chemical, or biological properties of Groundwater in a Groundwater Basin to the extent that such water becomes unsuitable for its intended use. Salinisation: An increase in the concentration of total dissolved salts in Groundwater in a Groundwater Basin, beyond the normal limits. Water Balance: The difference between the amount of extracted Groundwater and the amount of recharged Groundwater.

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Law No. (15) of 2008 Concerning Protection of Groundwater in the Emirate of Dubai Page 3 of 9 Prohibited Area: A geographical area demarcated by the DM in which it is not allowed to drill Wells or conduct any activities that would affect the Groundwater beneath that area. Impact Area: The area which extends between the farthest point that the Groundwater reaches and the centre of the Groundwater Basin, and in which Well water may mix with the water of adjacent Groundwater Basins or of any underground or surface recharge sources.

Article (4) In coordination with relevant federal and local government entities in the Emirate, the DM will: 1. locate Groundwater Basins in the Emirate and categorise them according to their geohydrologic characteristics; 2. determine Prohibited Areas and areas where the Extraction of Groundwater is permitted; 3. establish the environmental and engineering standards and requirements for using Groundwater sources in the Emirate, and determine its use and the rules for rationalising that use; 4. conduct geophysical and geohydrologic analysis of Groundwater Basins and Wells; and establish the criteria and rules necessary to prevent the Contamination, Salinisation, or Overdraft of Groundwater; 5. determine the number of Wells from which the Extraction of Groundwater is permitted in each geographic area, and determine their depths and dimensions and the distances separating them; 6. issue permits for drilling or maintaining Wells; for increasing their capacity; or for changing their permitted uses, provided that the permit applicants obtain no- objection certificates from DEWA;

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Law No. (15) of 2008 Concerning Protection of Groundwater in the Emirate of Dubai Page 4 of 9 7. issue approvals for the licensing of companies and establishments operating in the field of drilling Wells in the Emirate; and 8. determine the daily or yearly amounts of water permitted to be extracted from a Well based on the Water Balance level in the area, the concentration of chemical elements dissolved in the Well, and the permitted use of that Well.

Article (7) 1. An Owner must install on the Well a water meter approved by the DM in order to measure the amount of Groundwater extracted from the Well. The meter will be periodically inspected by the DM in order to verify its functionality and working condition. 2. When installing a meter, the DM will take the necessary technical measures to prevent manipulation of the meter reading, replacing the meter with another, or making any modifications to it in a manner that precludes measuring the amount of extracted water accurately.

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Law No. (15) of 2008 Concerning Protection of Groundwater in the Emirate of Dubai Page 5 of 9 Unless proven otherwise, the meter reading will constitute sufficient evidence of the amount of water extracted from the Well.

Article (18) 1. Without prejudice to any stricter penalty stipulated in any other legislation, a Person who violates the provisions of this Law, its implementing bylaw, or the resolutions issued in pursuance hereof will be punished by a fine of no less than one hundred Dirhams (AED 100.00) and no more than five hundred thousand Dirhams (AED 500,000.00). Upon repetition of the same violation within one (1) year, the amount of the fine will be doubled. 2. In addition to the prescribed fines, the DM may take one or more of the following measures against the violating Person: a. revoking the permit or suspending it for no more than one (1) month; b. shutting down the Well; c. seizing the equipment and machinery used in committing the violation until that violation is remedied; d. selling, by public auction, the equipment and machinery used in committing the violation to collect the fines incurred in respect of the violation, where the violating Person fails to pay these fines; and e. destroying the equipment, machinery, and materials that are non-compliant with the prescribed requirements. 3. The implementing bylaw of this Law will determine the acts that constitute violations of its provisions and the penalties prescribed for each violation. In any event, a violating Person who causes damage to Groundwater resources will be liable to remedy that damage or pay the relevant compensation in accordance with the rules and requirements prescribed by the implanting bylaw of this Law.