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UAE

Federal Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning Integrated Waste Management

Analysis of Federal Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning Integrated Waste Management (Federal Law, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Legislation Details

  • Full Title: Federal Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning Integrated Waste Management
  • Law Type: Federal Cabinet Resolution
  • Law Number: 39 of 2021
  • Issued Date: 21 Apr 2021
  • Effective Date: 17 May 2021
  • Official Gazette: No. 702
  • Sector: Environment and Natural Resources
  • Status: Active
  • Number of Articles: 28
  • Chapters/Parts: 0
  • Amendments: 0

Summary

This Federal Cabinet Resolution provides the executive regulation for Federal Law No. (12) of 2018 Concerning Integrated Waste Management. It establishes a comprehensive framework for managing various types of waste in the UAE, including municipal solid waste, hazardous waste, e-waste, and sewage. The Resolution outlines the responsibilities of waste producers and suppliers, sets standards for waste treatment and landfill operations, and empowers the Competent Authorities to enforce compliance. (Federal Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning Integrated Waste Management, 2021) The Resolution is significant for businesses and individuals in the UAE as it mandates proper waste management practices, promotes recycling and circular economy principles, and imposes penalties for non-compliance. It aims to enhance environmental protection and public health by ensuring the safe and sustainable handling of waste across the country. (Federal Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning Integrated Waste Management, 2021)

What is the scope and purpose of this law?

The scope of this Federal Cabinet Resolution is to provide the executive regulation for Federal Law No. (12) of 2018 Concerning Integrated Waste Management. It applies to all waste producers, suppliers, and entities involved in waste management activities within the UAE. The purpose of the Resolution is to establish a comprehensive framework for the integrated management of various types of waste, including municipal solid waste, hazardous waste, e-waste, and sewage, in order to protect the environment and public health. (Federal Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning Integrated Waste Management, 2021, Art. 1)

What are the key definitions under this law?

The Resolution provides the following key definitions:

  • Non-Hazardous Animal Waste: Waste from animal tissue, fluid or secretion resulting from animal husbandry activities or manufacturing practices, including dead animals, excrement of non-infected animals with an epidemic disease, and slaughterhouse waste
  • Hazardous Animal Waste: Waste from animal tissue, fluids or secretions resulting from animal husbandry activities or manufacturing practices, including dead animals and excrement of sick or infectious animals
  • E-Waste: Goods or damaged electrical and electronic equipment and devices that are or are intended to be disposed of, or any part of their components, by the Consumer
  • Battery Waste: Expired or non-expired batteries that are disposed or are intended to be disposed of, or any part of their components, by the Consumer
  • Leachate: A liquid that is filtered from the Landfill or the accumulated waste, including suspended or dissolved substances
  • Landfill Restoration: A process in which the Landfill is technically treated and their lands reclaimed in a safe and secure manner that makes it a healthy Landfill or a usable place
  • Tertiary Treatment: The stage of advanced wastewater treatment, with the aim of sterilising the water and removing any solid or stuck parts in it, in order to increase the treated water purity for the purposes of restricted use
  • Restricted Use: Use of treated wastewater in accordance with the standards specified in this Resolution, while taking binding precautionary measures to prevent public exposure to that water
  • Unrestricted Use: Use of treated wastewater or treated sludge for purposes other than irrigation, without being harmful to human exposure, such as industrial or construction uses
  • Returned Products: Products with a design or manufacturing defect, inadequacy, deformation, or damage as a result of their non-compliance or insufficient compliance with the approved standards, warranty or specifications declared by the Supplier
  • Environmental Impact Assessment (EIA): Study and analysis of the environmental feasibility of activities whose establishment or practice may affect the safety of the environment
  • Waste Disposal: Final process that takes place on waste without extraction or recycle of materials, for the purpose of final disposal, such as landfilling, deep injection, or any other method approved by the Ministry or the Competent Authority
  • Waste Treatment: Removing pollutants, changing the character and composition of waste and reducing its potential harm to the environment by using chemical, physical, biological or any other process
  • Treatment Unit: A fixed or mobile installation in which waste is treated to remove pollutants, change the character and composition of waste and reducing its potential harm to the environment, public health and living organisms, using one of the approved treatment methods
  • Waste Sorting Unit: A fixed or mobile installation in which waste is, manually or automatically, separated to recover recyclable materials for reuse, recycling or treatment
  • Transport Document: A document that includes data on the waste to be transported, in terms of its type, quantity, date of transfer, data of the installation, carrier, transport vehicle, its route and final destination, and the site of treatment or final disposal
  • Consumer: The natural or legal person who uses electrical or electronic devices or batteries of any kind
  • By-products: Materials resulting from industrial processes that can be recycled in the operations and manufacturing processes of the same installation or in other installation
  • Landfill Cell: A pit designed to contain waste, completely and safely, by using insulating materials to lining and covering it to separate waste from each other or from adjacent Landfill Cells

(Federal Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning Integrated Waste Management, 2021, Art. 1)

What are the main obligations and requirements?

The Resolution imposes the following key obligations: 1. The waste Producer shall properly dispose of the waste generated and bear the financial costs involved. (Federal Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning Integrated Waste Management, 2021, Art. 2(1)) 2. The Supplier shall: (a) accept returned products and bear the costs of their proper disposal; (b) collect and accept e-waste and battery waste from consumers free of charge; (c) submit monthly reports on e-waste and battery waste collection and disposal; and (d) bear the costs of e-waste and battery waste treatment or disposal. (Federal Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning Integrated Waste Management, 2021, Art. 2(2)) 3. The Competent Authority shall provide two bins or bags for separating municipal solid waste into recyclable and general waste, and may provide additional bins for food/organic waste and hazardous waste. (Federal Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning Integrated Waste Management, 2021, Art. 3) 4. The Competent Authority, or its authorized entity, shall establish and operate sewage treatment installations using tertiary treatment technology and ensure the treated wastewater and sludge meet the specified pollution standards. (Federal Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning Integrated Waste Management, 2021, Art. 4) 5. Establishments handling hazardous waste must comply with requirements such as separating hazardous from non-hazardous waste, treating and disposing of hazardous waste properly, and providing data to the Competent Authority. (Federal Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning Integrated Waste Management, 2021, Art. 5)

What licensing, registration, or approval requirements exist?

The Resolution does not specify any licensing, registration, or approval requirements for individuals or businesses. However, it does state that the Competent Authority is responsible for: 1. Issuing approvals for the transfer of waste from one emirate to another. (Federal Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning Integrated Waste Management, 2021, Art. 6(1)) 2. Issuing licenses to construct or rehabilitate waste landfills, which requires the Competent Authority to approve the Environmental Impact Assessment (EIA) study. (Federal Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning Integrated Waste Management, 2021, Art. 8(4))

Which authorities or bodies are responsible for enforcement?

The key authorities and bodies responsible for enforcement under this Resolution are: 1. The Competent Authority: Responsible for various waste management functions, such as providing waste containers, establishing sewage treatment standards, managing hazardous waste, approving waste transfers, and issuing landfill construction/rehabilitation licenses. (Federal Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning Integrated Waste Management, 2021, Arts. 3, 4, 5, 6, 8) 2. The Ministry of Climate Change and Environment: Responsible for coordinating with the Competent Authority on matters such as developing higher sewage treatment standards and amending the appendices to the Resolution. (Federal Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning Integrated Waste Management, 2021, Arts. 4(2), 4(4)) 3. The Concerned Entities: Responsible for managing waste management installations and overseeing the transfer of waste between emirates. (Federal Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning Integrated Waste Management, 2021, Art. 6)

What are the penalties for non-compliance?

The Resolution does not specify any penalties for non-compliance. It only states that the Competent Authority may add any requirements for the proper treatment or disposal of electronic waste and waste batteries or any other requirements. (Federal Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning Integrated Waste Management, 2021, Art. 2(3))

How does this law interact with other UAE legislation?

The Resolution is issued in relation to Federal Law No. (12) of 2018 Concerning Integrated Waste Management, which it provides the executive regulation for. (Federal Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning Integrated Waste Management, 2021) The Resolution also references the following other UAE legislation: - The Constitution - Federal Law No. (1) of 1972 Concerning the Jurisdictions of Ministries and the Powers of Ministers, as amended (Federal Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning Integrated Waste Management, 2021)

When did this law come into effect?

This Federal Cabinet Resolution came into effect on 17 May 2021, as stated in the "Effective Date" section. It was published in the Official Gazette No. 702 on 16 May 2021. (Federal Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning Integrated Waste Management, 2021)

Source Documents

This article analyses Federal Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning Integrated Waste Management for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.

Written by Sushant Shukla

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