Strategic Environmental Assessment Regulations: Exceptions and Penalties for Violators
The Saudi Ministry of Environment, Water and Agriculture has revealed details of the draft executive regulations for strategic environmental assessment, a regulatory step aimed at integrating environmental considerations into the core of national development plans before their adoption. This measure is intended to ensure the sustainability of natural resources and prevent any potential conflict between the Kingdom's rapidly expanding economic ambitions and its environmental commitments.
Vision context and shift towards sustainability
These moves come within the context of the radical transformations the Kingdom is undergoing as part of the objectives of “Saudi Vision 2030,” specifically the “Green Saudi Arabia” initiative launched by the Crown Prince. Historically, development projects in many developing countries have focused on quick economic returns, sometimes leading to costly long-term environmental damage. However, the new Saudi approach focuses on the principle of “prevention is better than cure,” where strategic environmental assessment is a global planning tool that ensures policies and plans are environmentally friendly from their earliest stages, thus enhancing quality of life and protecting natural resources for future generations.
Scope of application and sovereign exceptions
The ministry defined a broad scope of application encompassing all development strategies, plans, and programs within the Kingdom. However, the regulations included explicit and specific exceptions for policies related to sovereign and sensitive areas, namely:
- Military and security fields.
- Civil Defense Sector.
- Purely financial plans (budgets).
- Plans related to emergencies and disasters.
This exception takes into account the nature of these sectors, which require speed in decision-making and confidentiality of information, and is a common practice in most international environmental legislation.
Strict timeframes and controls for consultants
The regulation set a strict timetable to ensure that environmental procedures do not become a bureaucratic obstacle to development, as the ministry granted itself a deadline of no more than 15 days to review the project classification report, and 60 days to review the final study.
Regarding consultancy service providers, the new regulations stipulated high standards of competence, including:
- Having a documented professional record that includes completing at least three similar studies within the past five years.
- Submitting a written pledge of complete independence and neutrality.
- The record is free of any conflict of interest with the owners of the strategies.
Deterrent sanctions and a blacklist
To ensure the seriousness and credibility of studies, the regulations stipulate deterrent penalties for violating service providers, including a fine of up to 500,000 Saudi Riyals for providing misleading data or using unqualified personnel. The regulations also grant the Ministry the authority to create a "blacklist," allowing it to suspend dealings with violating offices and bar them from participating in future studies, thereby enhancing transparency and reliability in the environmental sector.
Expected impact locally and internationally
The implementation of this regulation is expected to improve the Kingdom's ranking in global environmental performance indicators and attract green investments that require stringent environmental standards. Domestically, this will reduce the economic costs resulting from environmental degradation, protect public health, and ensure the sustainability of water resources and vegetation cover, in line with the Kingdom's international commitments under climate agreements and biodiversity conservation measures.
