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‫إرﺷــــﺎد ﻓﻨـــــﻲ‬

TECHNICAL GUIDELINE
Number (1) ‫رﻗﻢ‬

‫ﻧﻈﺎم ﺗﻘﻴﻴﻢ اﻷﺛﺮ اﻟﺒﻴﺌﻲ‬


Environmental Impact Assessment System

April 2011 ‫أﺑﺮﻳﻞ‬

‫ إدارة اﻟﺒﻴــــﺌﺔ‬-‫ﻗﺴﻢ اﻟﺪراﺳﺎت واﻟﺘﺨﻄﻴﻂ اﻟﺒﻴﺌﻲ‬


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Environmental Planning and Studies Section (EPSS)
Environment Department
1.0 Introduction

Relevant Legislations
Local Order No. 61/1991 was issued to protect the environment of the Emirate
of Dubai and to enforce high environmental standards and safe health
practices.

Federal Law No. (24) of 1999 was issued for the protection and development
of the environment of the State. The law also aims for the conservation of the
quality and natural balance of the environment, the protection of society, the
protection of human health and of other living creatures, to control all forms of
pollution, and to provide control for an equitable development of the State’s
natural resources

The legislations also provides that the competent authority shall exercise
control and to issue, among others, set of standards, specifications, limits,
and, most importantly, a procedure for a methodical appraisal of the
environmental aspects of any project development that has the potential to
impact the environment. The latter is heretofore called the environmental
impact assessment or EIA system. It is a proactive process and indispensable
in ensuring that any proposed development, project or activity has the
elements of sustainable development, that is, it equitably meets the needs of
the present and future generations.

Competent Authority
The mandate to exercise control, appraisal, and issuance of license to those
projects or developments as specified in the above mentioned laws is
assigned to the competent authority, which, in this case, is the Environment
Department of Dubai Municipality. And under this Department, the key task of
“exercising control” of implementing the EIA system is further assigned to the
Environmental Planning & Studies Section or EPSS.

New Guidelines
In line with the provisions of the above relevant laws, the EPSS undertakes
the continuing effort to rationalize and streamline the implementation of an EIA
system that is more responsive to the demands and needs of the project's
Proponents and Stakeholders. Hence, the EPSS has prepared and issue this
new Technical Guidelines on EIA System as the new standard for EIA
documentation process in the Emirate of Dubai.

This new Technical Guidelines on EIA System is hereby adopted and,


henceforth, supersedes the Technical Guidelines No. 4 on the “Preparation of
Environmental Impact Statements for New Industrial Establishments”; and
Technical Guidelines No. 53 on “Environmental Impact Assessment
Procedures” which were issued earlier under Local Order 61/ 91.

2.0 Key Guiding Principles

2.1 Any project development shall meet these fundamental criteria: It must be
environmentally sustainable and equitably meets the needs of present and
future generations.

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2.2 Implementation of any proposed project, development, activity or industrial
establishment and any expansion thereat, which has the potential to cause
significant adverse environmental impacts, shall not be started unless an EIA
process is undertaken and a license or Environmental Clearance is obtained in
advance from the EPSS-Environment Department.

2.3 The integration of the EIA process early into the project development cycle is a
vital aspect of project planning. The EIA process, which primarily concerned
with assessing the overall impacts of any proposed project, development or
activity, also ensures the inclusion of necessary environmental protection,
mitigation, and enhancement measures into the project design elements.

2.4 As a vital project planning and decision-making tool, the EIA process guides
the Proponent, Stakeholder and the Competent Authority into making an
informed decision whether or not the proposed project development meets the
desired criteria on sustainability and economic viability.

2.5 Effective regulatory review of the EIA document depends largely on accurate,
complete and timely disclosure of relevant information by project Proponent
and concerned Stakeholders in the EIA process. The EIA report serves as the
most vital document in evaluating the environmental soundness and viability of
a proposed project or activity. The EIA report holds the key in leading the EIA
process into an informed decision whether a license can be issued or not

2.6 The Proponent has the primary duty, and is responsible, for determining and
disclosing all relevant information necessary for a substantial EIA Report.

3.0 Definition of Terms

For the purpose of this Guidelines, the following terms, phrases and definitions
apply:
Activity - the basic element of a project or plan that has potential to affect any
aspect of the environment.
Environmental Aspect - an element, component, or resulting product of a
project, activity or development which interacts with the environment
Environmental Impact Assessment, also heretofore called EIA - a
systematic process that involves the identification of environmental aspects of
a proposed project or activity; and in predicting and evaluating the likely
impacts on the environment. The process also determines what appropriate
mitigation and enhancement measures are needed in order to minimize, if not
to eliminate, the adverse impacts, and to identify the best environmentally
sound option.

Environmental Impact Assessment Report or EIAR - the documentary and


comprehensive account of project EIA. It is the prerequisite document
prepared and submitted by the Proponent in support of an application for an
Environmental Clearance. It also includes an outline of the environmental
management and monitoring plans that the Proponent will undertake to protect
the environment.

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Environmental Impact Assessment Summary or EIAS - a document similar
to an EIA Report, but with reduced details and depth of assessment and
discussion.
EIA Checklist - simplified checklist version of an EIAS, prescribed by the
EPSS, to be filled up by the Proponent to identify and assess a Non-Major
Project’s environmental aspects and environmental impacts.
Environmental Consultant - a professional or group of professionals
commissioned by the Proponent to prepare the EIA Report or EIA Summary
and other related documents. In some cases, the person or group referred to
may be the Proponent’s in-house technical staff.
Environment - The biosphere in which different forms of life are manifested
and consist of two elements:
Natural Element which comprises living creatures to include man, animal,
plant, and other living creatures, natural resources to include water, soil,
organic and inorganic substances and natural systems.
Unnatural Element which comprises all that man has introduced into the
natural environment, to include fixed and movable installations, roads,
bridges, airports, means of transportation and innovative industries,
inventions and technologies.
Environmental Clearance, also called EC - a certificate issued by the EPSS-
Environment Department to the Proponent after a positive review of the EIA
report. The EC specifies the scope and conditions which the Proponent has to
undertake before and during the operation of a project, and in some cases,
during the project’s abandonment phase to comply with all Dubai
Municipality’s Local Orders and Administrative Orders regarding
environmental protection and safety.
Establishment - means any commercial or industrial business activity which
may include any building, factory, equipment, shop or office and any area or
land and structures appertaining thereto.
No Objection Certificate, also called NOC - a certificate issued by the EPSS-
Environment Department for Category C Projects or projects that are not
required to secure an Environmental Clearance. The NOC certifies that EPSS
has no objection for the implementation of the project or activity in subject.
NOCFORM - a Form prescribed by the EPSS-Environment Department, to be
filled up by a Proponent of Category C projects when applying for NOC.
Project - any undertaking, regardless of scale or magnitude, whether public or
private, which may have significant impact on the environment.
Major Project - project or activity that has high potential for significant
adverse environmental impact. This includes project or activity that is
located within and/or in areas surrounding environmentally sensitive areas,
natural reserves, sanctuaries, and protected areas.
Non-Major Project - project or activity expected to have some adverse
environmental impacts, but of lesser degree and significance than those of
Major Project.
Project Scoping - the stage wherein the information and project impact
assessment requirements are established to provide the Proponent and the
scope of work and terms of reference for the EIA Report.

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Proponent - any natural or juridical person intending to implement a project or
business activity. The owner of a certain project or business activity.
Stakeholders – person(s), organization(s) or parties who may be directly and
significantly affected by the project or activity.

4.0 Coverage

4.1 This Technical Guidelines shall apply within and throughout the Emirate of
Dubai and to all persons, property, establishments, projects, developments or
activities located or conducted within the Dubai Municipal boundaries.

4.2 It shall also apply to any proposed or planned expansion or modification of any
existing project, development, activity or establishment.

5.0 Project Categories

5.1 Projects/activities and industrial establishments are categorized according to


their type, location, sensitivity, scale, nature and their potential to cause harm
to the environment.

5.1.1 Category A (Major Projects)


Major projects have high potential to cause significant adverse
environmental impacts and include those projects or activities that are
located in or adjacent to areas surrounding environmentally sensitive
areas, sanctuaries, natural reserves, and protected areas.

5.1.2 Category B (Non-Major Projects)


Non-major projects are expected to have some adverse environmental
impacts, but of lesser degree or significance than Major Projects. This
category is further divided into Cluster I and Cluster II according to
their environmental impact potential and significance.

5.1.3 Category C (Projects that are not required to secure an Environmental


Clearance)
Category C Projects are projects/activities that are not required to
secure Environmental Clearance from the Environment Department.
While an EC is not required for these projects/activities, other
governmental agencies may require the proponents to secure NOC
from the Environment Department to support their application for
Business Registration or License from a particular governmental
agency.
6.0 Documentary Requirements

6.1 Based upon the project category, the EIA documentary requirement when
applying for EC or NOC is customized as indicated in the following Table 1.

Table 1 – Project Category and the form of EIA document required


Form of EIA
Project Category
Document
Category A ( Major Projects ) EIA Report

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Category B ( Non-Major Projects )
• Cluster I EIA Summary
• Cluster II EIA Checklist
Category C NOCFORM

6.2 The EPPS may require submission of an EIA Report for Category B Cluster I
project and an EIA Summary for Category B Cluster II project should the result
of the initial evaluation shows that such submissions are deemed necessary.

6.3 Projects, activities or industrial establishments which may cause significant


adverse environmental impacts but not included in the project category listings
shall be required to submit a Project Brief (refer to Annex I) which will serve
as basis for screening the project and determining its Category.

6.4 The list of projects per category and the EIA requirements and procedures are
presented in separate Technical Guidelines.

6.5 Processing timeframe:


The processing timeframe for the evaluation of EC and NOC applications is as
specified in Table 2 below.
Table 2 – Processing timeframe for EIA document
Processing Timeframe
Type of EIA Document
(working days)
EIA Report 21 days
EIA Summary 7 days
EIA Checklist 5 days
NOCFORM 3 days

7.0 Decision Document

7.1 The document regarding the decision on the application may be in the form of
an EC, NOC or a Rejection Letter.

7.2 The EC or NOC contains the scope and limitations of the approved project or
activity as well as conditions to ensure compliance with all applicable Local
Orders and Administrative Orders and Regulations on environment protection.

7.3 A Rejection Letter on the other hand shall state the reasons for such decision.

7.4 Automatic Approval:


7.4.1 If no decision is made within the specified processing timeframe, the
EC/NOC application is deemed automatically approved and the EPSS
shall issue the EC/NOC within five (5) working days after the
prescribed processing timeframe has lapsed.

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7.4.2 Accordingly, the EPSS may issue a Rejection Letter if the Proponent
and/or environmental consultant failed to submit the required additional
information to EPSS within the specified period.

7.5 The EC, NOC or Rejection Letter shall be issued directly to the project
Proponent or his/her duly authorized representative and the receipt thereof
shall be properly documented.

7.6 No EC or NOC shall be released until the Proponent has settled all
outstanding fines, fees, liabilities and other obligations with the Environment
Department.

7.7 The issuance of EC or NOC for a project/activity does not exempt the
Proponent from securing other government permits and clearances as may be
required by relevant law.

8.0 Post EIA requirements

8.1 Compliance Monitoring of Projects


The EPSS is required to monitor the project implementation to ensure
compliance with the stipulations of the EC or NOC, and the efficiency of the
Environmental Management Program (EMP).

8.2 Self Monitoring Reports (SMR)


Depending on the type of project, the Proponent maybe required in writing to
carry out periodic analyses of wastes, discharges and pollutants arising from
the project, and to monitor their impacts. The accounts of monitoring and
result of analyses shall be maintained to form part of the self monitoring report
that must be regularly provided to the Environment Department.

8.3 Environmental Management Systems (EMS)


EMS-based EMP is an option that the Proponent may undertake to control,
monitor and audit the environmental impacts of the project towards continuing
improvement and self-regulation.

Further information is available at


Environmental Planning and Studies Section
℡ 04-6066809 / 6066814; Fax: 04-7033565
Or
Visit the Dubai Municipality Website at:
www.dm.gov.ae

Annex I
OUTLINE CONTENTS OF A PROJECT BRIEF

I. Type of the Project


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II. Project Location and Area

III. Brief Description of Project Activities/Processes

1. Site plan showing all buildings, drains, discharge points to air, water, or
land and storage areas for dangerous goods
2. Size or magnitude of the operation, including any associated activities
required by the project, drawings showing project layout, components of
the projects, number or staff, and all relevant information.
3. For projects involving manufacturing: Description of manufacturing
processes, process flowchart or P&I process diagram, plant layout, types
& quantities of raw materials, production capacity, energy requirement,
water requirement, list of major production equipment/machinery, material
balance diagram,.

IV. Waste Details Pertaining to (where applicable):


1. Air Emissions & Noise
- The rate and type of fuel used for all fuel-burning installations
- Types of air pollutants emitted (e.g. TSP, SO2, NOx, etc.)
- Noise levels

2. Water Discharges
- Expected volume of wastewater

3. Solid Wastes
- Types and Quantities of solid wastes generated

4. Hazardous Wastes
- Types and Quantities of hazardous wastes

V. List of Dangerous Goods in Use


-Tabulation/list of dangerous goods in use to include CAS/PICSS Number

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