The Environmental Compliance Authority adopts new regulations... and allows 15 days to decide on violators' requests
The decision, issued based on the Executive Regulations for Environmental Inspection and Auditing, as amended by Ministerial Resolution No. “15116190” dated 12 Jumada Al-Awwal 1446 AH, aims to enhance transparency and encourage self-initiative in the environmental sector.
This strategic step aims to enable violators to rectify their situations without delay, directly contributing to reducing environmental damage and improving overall performance. The center affirmed in its new regulations its right to grant the declarant a grace period to correct the violation before imposing any prescribed penalty.
The regulations explicitly stipulated that voluntary disclosure must occur before the center becomes aware of the violation, and that it must not be Information is available He already has it through other channels.
The instructions stressed the need to submit the disclosure request within a period not exceeding 30 days from the date of the environmental violation to ensure the acceptance of the request.
The center requires those disclosing violations to submit accurate and complete data, accompanied by a clear action plan outlining corrective measures to address the affected environmental situation.
The Environmental Compliance Center explained that the evaluation of the corrective period is subject to several precise criteria, most notably the timing of the disclosure and the accuracy and reliability of the information and evidence provided. The center also considers the extent of the discloser's contribution to mitigating environmental damage that would have worsened had they not promptly reported the violation.
The operational procedures stipulate that the center's committees will review the voluntary disclosure request within 15 working days of receipt, prior to informing the discloser of the status of their request. The corrective period is determined by an official notice issued by the center, specifying its start and end dates, and the date for imposing penalties if the violation is not rectified by the deadline. The center warned that rejecting a voluntary disclosure request due to non-compliance with the stipulated requirements will result in the immediate enforcement of the provisions of the Environmental Law and its regulations against the violator.
It also indicated that a minimum fine may be imposed if the violation was disclosed but the request was rejected for purely procedural reasons.
The final provisions of the regulations emphasized the principle that granting a grace period for corrective action and avoiding statutory penalties does not exempt the violator in any way from paying financial compensation.
This mandatory compensation includes the costs of rehabilitation and redress for the pollution or environmental degradation caused by the violation at the site.
The National Center retained its absolute and discretionary right to reject any voluntary disclosure entirely if the competent committees determine that the violation has had a serious negative impact on the environment. It also has the right to revoke any exemption or mitigation and apply the maximum penalties if it is subsequently proven that misleading information was provided or that the approved remediation plan was not implemented.
The Center facilitated the submission of disclosure reports through a network of diverse official channels to streamline the process, including the electronic platform, official mail, customer service, and in-person visits to branch offices. Submitting a report requires completing a specific form that includes the coordinates of the affected site, a detailed description of the incident, supported by documentary photographs, and information on the initial preventive measures taken to control the pollution.
