A million riyal fine for violators... The Ministry of Environment approves a new regulation to address pollution – Urgent

Presented Ministry of Environment, Water and Agriculture Executive regulations for processing and restructuring Environmental rehabilitation For polluted sites, those responsible are obligated to address the damages immediately, with fines of up to one million riyals imposed according to the principle of "the polluter pays".
The regulations issued based on Ecosystem Royal Decree No. M/165 stipulates the strict application of the "polluter pays" principle, whereby the polluter bears all costs of field studies, corrective measures, and necessary compensation.

Pollution control

The ministry explained that this principle ensures that the polluter bears the full responsibility for combating pollution, mitigating its damage, and carrying out environmental rehabilitation.
The regulations apply to all individuals and activities that cause pollution or environmental degradation within the Kingdom.
The legislation emphasizes the obligation to immediately cease and remove the source of pollution whenever any activity harms the environment.

Environmental requirements and regulations

The competent authority, represented by the Ministry, its affiliated national centers, and the General Authority for Coral Reef Conservation, is responsible for preparing environmental requirements and regulations.
These entities also prepare financial claims for damages incurred, notify the responsible parties, and may resort to litigation or reach legal settlements to recover the damages.
The regulations, published on the platform for identifying those responsible, mandate the preparation of plans to address the damage or rehabilitate the environment and submit them to the National Center for Environmental Compliance within thirty days of the date the damage was reported.

wildlife

The regulations stipulate that these plans must be prepared exclusively by environmental service providers licensed and accredited by the center.
The instructions specify that submitting a plan is mandatory in the event of environmental incidents, exceeding approved standards, or the closure of certain activities. Additionally, it is required if cumulative negative impacts on wildlife are established as a result of the activity, based on monitoring findings.
Regarding damage to plant and animal wildlife, the regulations mandate that inspectors from the relevant authority document the incident and take immediate action against violations.

Imposing a financial penalty

The regulations clearly stipulate that imposing a financial penalty does not, under any circumstances, absolve the responsible party of their obligation to address the damage and carry out rehabilitation.
Once the plan is approved, the violator is obligated to implement it under the supervision of the competent authority and within a timeframe commensurate with the extent of the damage, not exceeding one year under normal circumstances.
Those implementing the plan are required to submit periodic reports, supported by photographs, coordinates, and analysis results, to ensure transparency and monitor progress.
The regulations also stipulate the right of the competent authority to immediately implement remediation procedures through specialized entities at the violator's expense if sixty days have passed since notification without the violator initiating action. The same procedure applies immediately if the pollution leads to the spread of contaminants beyond the site or if the violator fails to contain them.
To ensure future compliance, the regulations permit requiring a financial guarantee or undertaking from a reliable financial institution to cover rehabilitation costs. This guarantee is particularly necessary if the activity requires the removal of environmental components or causes a temporary disturbance that necessitates subsequent repair.

List of violations

Regarding deterrent penalties, the regulations classify violations as serious or minor. Providing false information is punishable by a fine of up to 100,000 riyals for a second offense in the third category.
Failure to implement an environmental rehabilitation plan in the third category carries a fine of one million Saudi riyals, with the violator required to rectify the situation.
The regulations also consider the economic impact on businesses, stipulating that fines for minor violations are calculated at 25% for individuals and micro-enterprises.

Treatment plans

This percentage gradually increases to fifty percent for small establishments, seventy-five percent for medium-sized establishments, and is fully applied at one hundred percent for large establishments.
The legislation provides a grace period for rectification, allowing violators to be given time to correct their violations before penalties are imposed if they voluntarily disclose the violation.
Furthermore, the implementing regulations specify strict timeframes for the center to respond to corrective plans, ranging from five to fifteen working days, to ensure a rapid response and mitigate risks.