Cabinet Resolution Regarding the Cultivation of Native Plants and Conservation of Nature

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Cabinet Resolution Regarding the Cultivation of Native Plants and Conservation of Nature
Cabinet Resolution Regarding the Cultivation of Native Plants and Conservation of Nature

The last update on this law was listed on 10 Apr 2018

Issued Date

10 Apr 2018

Effective Date

01 May 2018

Official Gazette Date

30 Apr 2018

Official Gazette No

629

Legislation State

Active

Regulation Table

1

Disclaimer: Every effort has been made to produce an accurate and complete English version of this website/ legislation. However, for the purpose of their interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail

Index
Index
Article (1) Definitions
Article (2) Objectives of the Resolution
Article (3) Cultivation of Native Plants
Article (4) Rehabilitation of Natural Habitats
Article (5) Protection of Natural Habitats
Article (6) Prohibited Acts
Article (7) Violations and Sanctions
Article (8) Grievance
Article (9) Publication and Entry into Force
Cabinet Resolution No. (18) of 2018 Regarding the Cultivation of Native Plants and Conservation of Nature

The Cabinet:
− Having reviewed the Constitution,
− Federal Law No. (1) of 1972 Regarding the Competences of Ministries and Powers of Ministers, as amended,
− Federal Law No. (5) of 1979 Regarding Agricultural Quarantine, as amended
− Federal Law No. (24) of 1999 Regarding the Protection and Development of the Environment, as amended,
− Federal Law No. (14) of 2016 Regarding Administrative Violations and Penalties in the Federal Government, and
− Upon the proposal of the Minister of Climate Change and Environment, and the approval of the Cabinet;
Hereby resolves as follows:

Article (1) Definitions

For the purposes of implementing the provisions of this Resolution, the following terms and expressions shall have the meanings assigned to each of them, unless the context requires otherwise:
State: The United Arab Emirates.
Ministry: The Ministry of Climate Change and Environment.
Minister: The Minister of Climate Change and Environment.
Competent Authority: The competent local authority in each Emirate.
Natural Habitats: A natural environment area in which specific species of animals or plants live naturally and depend on one another.
Native Plants: Indigenous plants that are found within their natural range in the State.

Article (2) Objectives of the Resolution

This Resolution aims to achieve the following:
1. Promoting the participation of various segments of society in improving the environment and conserving biodiversity.
2. Developing the Natural Habitats of Native Plants in the State.
3. Rehabilitating the Natural Habitats of Native Plants.
4. Developing natural resources and conserving biodiversity.

Article (3) Cultivation of Native Plants

1. For the purposes of achieving the objectives of this Resolution, the Competent Authority shall undertake the following:
a. Encouraging members of the community to cultivate the Native Plants specified in the Schedule annexed to this Resolution.
b. Coordinating with the Ministry to determine the areas to be cultivated with Native Plants and to record their areas.
c. Determining the governmental and non-governmental companies and nurseries authorized to produce seeds, seedlings, or propagules of Native Plants.
2. The Ministry, in coordination with the Competent Authority, as the case may be, shall periodically review the Schedule annexed to this Resolution, which shall be updated by a decision issued by the Minister.

Article (4) Rehabilitation of Natural Habitats

The Competent Authority shall undertake the rehabilitation of Natural Habitats as follows:
1. Establishing the necessary measures to ensure the conservation of nature and the protection of ecological balance.
2. Remedying environmental damage that has occurred or may occur to Natural Habitats for any reason, including that resulting from environmentally unfriendly practices, in a manner that ensures the conservation of nature and the protection of ecological balance.

Article (5) Protection of Natural Habitats

The Competent Authority shall take all necessary decisions and measures to ensure the protection of Natural Habitats, provided that such measures include the following:
1. Prohibiting the establishment of any activity that may adversely affect the quantity or quality of the natural vegetation cover.
2. Prohibiting the cultivation of invasive plants and alien species that studies indicate are likely to cause harm to the environment, humans, or infrastructure.
3. Encouraging and supporting members of the community to cultivate the Native Plants specified in the Schedule annexed to this Resolution, using modern and sustainable irrigation methods as determined by the Competent Authority.
4. Regulating the collection of Native Plants and their seeds.

Article (6) Prohibited Acts

It shall be prohibited to commit any of the following acts:
1. Any act that would harm the ecological balance and biodiversity of the natural environment, including cutting, uprooting, burning, or destroying any local tree, shrub, or herbaceous plant.
2. Damaging, destroying, or causing any harm to geological formations and Natural Habitats that constitute habitats for Native Plants.
3. Violating any of the decisions and measures issued or determined by the Competent Authority for the protection of Natural Habitats pursuant to Article (5) of this Resolution.

Article (7) Violations and Sanctions

Without prejudice to any penalty or measure stipulated in other relevant legislation, in the event of a violation of the provisions of Article (6) of this Resolution, the Ministry or the Competent Authority, as the case may be, may impose an administrative sanction on the violator as follows:
1. A fine of (10,000) Dirhams.
2. Doubling the fine specified in Clause (1) of this Article in case of recidivism, provided that it shall not exceed twenty thousand Dirhams.

Article (8) Grievance

1. A grievance may be filed against the decisions issued pursuant to the provisions of Article (7) of this Resolution, provided that the following is complied with:
a. The grievance shall be submitted to the authority issuing the decision in accordance with the procedures prescribed thereby, within a period not exceeding (30) days from the date of notification of the violator of the decision subject of the grievance.
b. All supporting documents substantiating the grounds of the grievance shall be attached.
2. The authority referred to in Paragraph (a) of Clause (1) of this Article shall issue its decision on the grievance within a period not exceeding (25) working days from the date of its submission, and such decision shall be final.

Article (9) Publication and Entry into Force

This Resolution shall be published in the Official Gazette and shall enter into force on the day following the date of its publication.

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