Abu Dhabi Official Gazette - 2019 Edition 11

The Official Gazette 30 November 2019 - The Eleventh Edition The Official Gazette The Eleventh Edition - The Forty Eighth Year Contents Pages Laws Law No. (30) of 2019 Concerning the Establishment of the Department of Municipalities and Transport. 5 Decrees Amiri Decree No. (21) of 2019 Concerning the Appointment of the Chairman of the Department of Municipalities and Transport. 21 Amiri Decree No. (22) of 2019 Concerning the Appointment of a Member in the Executive Council. 22 Amiri Decree No. (23) of 2019 Concerning the Appointment of Members of Public Prosecution at Abu Dhabi Judicial Department. 23 1 Laws 3 swaL Law No. (30) of 2019 Concerning the Establishment of the Department of Municipalities and Transport We, Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments; • Law No. (2) of 1971 concerning the National Advisory Council, and its amendments; • Law No. (4) of 1983 concerning the regulation of construction works, and its amendments; • Law No. (2) of 2000 concerning the Civil Retirement Pensions and Benefits in the Emirate of Abu Dhabi, and its amendments; • Law No. (3) of 2005 concerning the regulation of real estate registration in the Emirate of Abu Dhabi; • Law No. (19) of 2005 concerning Real Property Ownership, and its amendments; • Law No. (10) of 2006 concerning the Municipality and the Municipal Council of the Western Region in the Emirate of Abu Dhabi, and its amendments; • Law No. (19) of 2006 concerning the Regulation of transportation via taxis in the Emirate of Abu Dhabi, and its amendments; • Law No. (10) of 2007 concerning the Municipality and the Municipal Council of Abu Dhabi City in the Emirate of Abu Dhabi, and its amendments; • Law No. (11) of 2007 concerning the Municipality and Municipal Council of Al Ain City in the Emirate of Abu Dhabi, and its amendments; • Law No. (18) of 2009 concerning the regulation of vehicle parking in the Emirate of Abu Dhabi; • Law No. (8) of 2013 concerning the new competencies of the Department of Economic Development and the Department of Municipal Affairs; • Law No. (3) of 2015 concerning the regulation of the real estate sector in the Emirate of Abu Dhabi; 5 • Law No. (6) of 2016 concerning the Human Resources in the Emirate of Abu Dhabi, and its amendments; • Law No. (1) of 2017 concerning the Financial System of Abu Dhabi Government; • Law No. (7) of 2017 concerning the amendment of the names of the Eastern and Western Regions in the Emirate of Abu Dhabi; • Law No. (17) of 2017 concerning Road Tolls in the Emirate of Abu Dhabi; • Law No. (5) of 2018 concerning the establishment of the Department of Urban Planning and Municipalities; • Law No. (6) of 2018 concerning the establishment of the Department of Transport; • Law No. (18) of 2019 concerning Abu Dhabi Executive Office; • Chairman of the Executive Council Resolution No. (20) of 2018 concerning the additional competencies of the Department of Urban Planning and Municipalities; • Chairman of the Executive Council Resolution No. (21) of 2018 concerning the additional competencies of the Department of Transport; and • Based on what was presented to and approved by the Executive Council, • Issued the following Law: Chapter (1) Definitions Article (1) In the implementation of the provisions of this Law, the following words and phrases shall have the meanings corresponding thereto unless the context requires otherwise: State: The United Arab Emirates. Emirate: The Emirate of Abu Dhabi. Executive Council: The Executive Council of the Emirate. Department: The Department of Municipalities and Transport. Sector of Urban Planning and Municipalities: The sector concerned with everything that is set up above or below the ground, temporarily or 6 permanently, and everything that leads to a change therein, including the determination of locations, areas and uses and land and marine installations of all types set up thereon; laying down the standards of development and design thereof as well as the materials used, the aesthetic works and anything that is related to the appearance of the city; defining infrastructure paths, locations and dimensions as well as excavation and reclamation works; all the works and Data related to the planning, ownership, design, licensing, execution, usufruct, maintenance, modification, removal thereof and offering any services related thereto; all the entities and companies operating therein in a direct way and all their employees; and everything related to municipalities functions in the Emirate in accordance with the competencies granted to them. Municipality: Abu Dhabi City Municipality, Al Ain City Municipality, Al Dhafra Region Municipality and any municipality that may be established in the future in the Emirate. Affiliates: The entities operating in the Sectors of Urban Planning and Municipalities and Transport, reporting to the Department, which are subject to the supervision and control of the latter as may be determined by an Executive Council resolution. Transport Sector: The Maritime, Civil Aviation and Land Transport Sectors in the Emirate and all activities, infrastructures, systems and transportation means related thereto. Airports: The civil airports existing in the Emirate and what may arise therefrom in the future. Ports: The ports existing in the Emirate and any other ports that may be established in the future except for the petroleum ports and the ports of the armed forces. Maritime Sector: The sector concerned with all maritime activities and affairs in the waters of the Emirate, the vessels, navigation aids, ports and waterways, maritime installations and docks, infrastructure, licences, permits, authorisations, commercial activities, safety and security and the environment related thereto. 7 Civil Aviation Sector: The sector concerned with all the civil aviation affairs and all related aspects, including without limitation air transport (commercial and private), air navigation, air operations, airports and training and all activities related thereto. Waters of the Emirate: The waterways, channels, waterbodies and water surrounding the islands of the Emirate, as well as the inland waters and the coasts located within the borders of the Emirate. Waterways: The water areas surrounding the islands, whether natural or artificial, as well as the coasts near the beaches located in the Emirate. Ship: Each structure usually operating or designed to operate in maritime navigation regardless of its power, load or the purpose of navigation thereof, whatever its type or form, whether with or without an engine, designed for the carriage of passengers or goods or for any other commercial or non- commercial, sport or tourism purposes, fishing or leisure, or exploited in trade, including floating houses. Maritime Means of Transport: Any boat, yacht, watercraft, jet ski or any mobile and steerable maritime transport mechanism or means, whatever the purpose of its use, that is moving within the Waters of the Emirate, except for internationally classified commercial ships. Land Transport Sector: The sector concerned with land transportation means, including traffic, public transportation and land and maritime transportation means, passenger transportation, goods carriage, regulation of vehicle parking, weigh stations, intelligent transportation means, the activities, infrastructure, utilities, services, logistics, assets, and the booking and dispatch services related to the sector. It also covers school, workers’ and tourist transport, bicycle and pedestrian paths, congestion and traffic management, the safety, health and environment related to the sector. Land Transport Means: Any means designed for the transportation of passengers and goods, whether a vehicle, a bus, a truck, a tractor with a trailer, any mechanical machine, bicycle, motorcycle, wagon or any other device propelled on the road by a mechanical power or any other manner, or 8 any amphibious or autonomous vehicle, including light and heavy vehicles, tractors, all types of mechanical devices as well as electric, connected and autonomous vehicles. Public Transportation: The transportation dedicated for individuals and their luggage through various transportation means classified as public transportation, whether land or maritime transport means moving inside the Emirate or heading abroad and vice-versa. It includes bus, train, metro, tram and taxi transportation as well as the supporting infrastructure such as the passenger and vehicle stations, shelters, control centres, loading docks, railway workshops and lines and the tracks required thereto. Public Means of Water Transport: Any means intended for the public transport of persons and goods within the waters of the Emirate, including but not limited to what is referred to as water bus or water taxi. Cargo Carriage: It includes the transport of materials and live animals via various transport means designed for each type of goods. Roads: Lands allocated for traffic or walking, whether or not paved, including all types of roads, inter alia roads of maintenance and emergency, detours, bridges, streets, tunnels, pathways and associated shoulders, trenches, drains, sidewalks, pavements, safety islands, roundabouts, squares, yards, traffic signs, lighting equipment, light signals, control devices and their accessories, in addition to load-bearing walls and their barriers. Weigh Stations: Stations for monitoring the weights of freight vehicles. Intelligent Transport Systems: Electronic, electrical and mechanical systems and equipment installed in roads and means of transport, which are connected, via a wired and wireless telecommunication network, to central computers containing software that are managed through dedicated control centres. They monitor and analyse traffic data and make the necessary changes automatically to ensure the continuity of their operation. Such systems cover control of traffic, transport network, accident management, ensuring traffic flow and raising safety standards on the road network and the means of transport. They also include electronic payment and collection 9 systems for the fees of transport, parking areas, road use, as well as electric, connected and autonomous vehicles. Chapter (2) Establishment, Objectives and Competencies of the Department Article (2) • A department called "Department of Municipalities and Transport" shall be established pursuant to the provisions of this Law, and shall replace both the Department of Urban Planning and Municipalities and the Department of Transport. • All the employees of the Department of Urban Planning and Municipalities and the Department of Transport shall be transferred to the Department, as well as both Departments’ assets, properties and their rights and obligations. The Department shall be the legal successor for both the Department of Urban Planning and Municipalities and Department of Transport. Article (3) The Department shall aim at the following: • Support urban growth and development in the Emirate, guide and control the urban development works, and upgrade the municipal work to achieve a decent level of services and prepare decent living conditions for the population of the Emirate by supervising and controlling Municipalities and municipal councils. • Achieve the highest level of economic growth, service, safety and security standards, environmental protection and technological development in the Transport Sector in the Emirate. • Achieve the optimal level in the fields of Ship services, cargo handling and storage, and keeping pace with developments in the field of maritime transport, in accordance with the applicable legislations and in cooperation with the competent authorities in the State. 10 Article (4) In order to achieve its objectives, the Department shall assume the following competencies: 1. Propose the strategic and executive plans for the Sector of Urban Planning and Municipalities and Transport Sector in the Emirate, for approval by the Executive Council and supervise their implementation. 2. Follow up the Affiliates’ commitment to implement the strategic and executive plans for the Sector of Urban Planning and Municipalities and the Transport Sector. 3. Control and supervise all the Affiliates’ disbursements from their budgets and revenues, as well as their commitment to their duties and competencies, and approve their strategic and execution plans. 4. Organise the Sector of Urban Planning and Municipalities and Transport Sector in all aspects through the laying down of policies, standards, regulations, resolutions and executive and operational circulars regulating said Sectors. 5. Control and supervise the Sector of Urban Planning and Municipalities and Transport Sector in accordance with the relevant legislations, conventions and treaties in force for said Sector on the local and international levels, and in coordination with the relevant authorities in the State and abroad. 6. License all entities, companies and persons working in the Sector of Urban Planning and Municipalities and Transport Sector and monitor their commitment to providing the optimum level of quality services in accordance with the legislations in force, and in coordination with the relevant authorities. 7. Propose the fees, tariffs and prices related to its competencies and submit them to the Executive Council for approval, in accordance with the applicable regulations. 8. Submit periodic reports and analytical studies to Abu Dhabi Executive Office in relation to the competencies of the Department. 11 9. Encourage investment and partnership with the private sector for projects related to the competencies of the Department in coordination with the relevant authorities. 10. The competencies provided for in the aforesaid Chairman of the Executive Council Resolutions No. (20) and (21) of 2018. 11. Any other competences or tasks assigned to it by the Executive Council. • The Department may delegate some of its competencies to any other governmental entity or outsource some of them to the private sector following the approval of the Executive Council. • The Executive Council may amend the competencies of the Department as set forth in this Law or any other legislation by deletion, addition or transfer. Article (5) • Each of Abu Dhabi City Municipality, Al Ain City Municipality, Al Dhafra Region Municipality, the Integrated Transport Centre and any municipality that may be established in the future, shall be affiliated to the Department which shall assume the control and supervision thereon. The Department may also suggest the necessary amendments to their organisational structures and submit them to the Executive Council for approval in accordance with the applicable legislations. The Department may for this purpose issue the necessary regulations and resolutions to ensure the progress of work therein. • The general managers in Municipalities and the Centre shall be appointed by a Chairman of the Executive Council resolution which shall also determine their competencies and functions. Article (6) The municipal council in the Municipalities shall assume anything that upgrades the level of services offered in the region, determine the way the Municipality handles its functions and support the latter to this effect. It shall also activate the role of the local community in promoting the services 12 in the region and may assume in particular the following: 1. Propose legislations related to its competencies and submit them to the Chairman of the Department. 2. Propose the formation of any permanent or temporary committees it deems necessary, determine their competencies and submit them to the Chairman of the Department for approval. 3. Control the works of the permanent and temporary committees. 4. Any other competencies assigned thereto by the Chairman of the Department. Article (7) The Chairman of the Department shall carry out all the powers and competencies entrusted to the municipal council at Municipalities in case of its absence. Article (8) All persons, entities and public and private companies shall provide the Department with the documents and information required by it to assume or execute its competencies. Article (9) The Executive Council shall issue a resolution to specify the Affiliates that shall be under the control and supervision of the Department. Chapter (3) General Provisions Article (10) In agreement with the Chairman of the Department, the Chairman of Abu Dhabi Judicial Department shall issue a resolution specifying the Department’s employees who have been granted the capacity of law enforcement officers for offences perpetuated within their jurisdiction. They shall have the right 13 to inspect and control all entities, companies and persons operating in the Sector of Urban Planning and Municipalities and Transport Sector, in order to verify the implementation of the provisions of this Law and the regulations, resolutions and circulars issued in implementation thereof. Article (11) • It is prohibited to establish any works, constructions or projects or to carry out any activity related to the competencies of the Department without having obtained an permit from the Department in accordance with the applicable regulations. • The person authorised under the preceding paragraph shall comply with the permit granted to him by the Department, and obay the legislations, regulations and resolutions applicable in this regard. • No Means of Transport may be used for the performance of any of the activities regulated by the Department unless it is licensed or granted the necessary permit in accordance with the applicable legislations. Article (12) • Without prejudice to any more severe penalty provided for by any other law, an administrative fine of no more than AED (10,000,000) ten million Dirhams shall be imposed on whoever violates the provisions of this Law and its regulatory and executive rules as well as its executive regulations, policies, resolutions and circulars. • The Department shall take charge of collecting the administrative fines. Upon the approval of the Executive Council, the Chairman of the Department shall issue a schedule specifying the offences and the administrative fines prescribed for each of them, without exceeding the fine limit provided for in this Article. • The Chairman of the Department or the person delegated thereby may propose settlement of the offence to the offender, provided that this is 14 documented in the minutes of the proceedings. The offender who accepts settlement shall pay a fine equivalent to 75% of the total administrative fine prescribed for the offence within a period not exceeding sixty days from the date of proposing the settlement. • In all cases, if the offender fails to correct the effects of the offence on the scheduled date, the Department shall correct such effects at the expense of the offender. • The regulatory and executive rules of this Law shall specify the procedures of the above-mentioned settlement, including the time limits. Article (13) • The Department may impose any of the following administrative penalties: 1. Warning. 2. Notice. 3. Setting financial, administrative and technical supervision over the establishment. 4. Temporarily suspending the activity. 5. Cancelling or suspending the licence. 6. Temporarily or permanently closing the establishment. 7. Imposing administrative deportation on the foreign person who commits the administrative offense after fulfilling any other administrative penalties imposed. • Grievances may be filed against the administrative penalties before the Department within sixty days from the date of notification of the grievant. Failure to decide upon the grievance within 90 days from the date of its submission shall be regarded as acceptance of the grievance. • The regulatory and executive rules of this Law shall determine the procedures and controls for applying the aforesaid administrative penalties. 15 Article (14) The Department may coordinate and establish electronic linkage with the relevant authorities. It may take all necessary measures in coordination with the said entities, if needed, to remove any Means of Transport associated with the Transport Sectors, withdraw, tow and seize it provisionally when required by law, until a judicial ruling is issued to seize said Means of Transport or sell it at public auction six months after its seizure, while imposing upon the offender the fees and fines as well as the correction of the offences resulting in consequence, in accordance with the provisions of the applicable legislations. Article (15) The Department shall propose its organisational structure and submit it to the Executive Council for approval, in accordance with the applicable regulations. Article (16) • The financial laws and regulations applicable in the Emirate shall apply to the Department. • The human resources laws and regulations applicable in the Emirate shall apply to the employees of the Department. • The Nationals among them shall be subject to the Civil Retirement Pensions and Benefits law applicable in the Emirate. Article (17) • Upon the approval of the Executive Council, the Chairman of the Department shall issue the regulatory and executive rules of this Law. • The policies, regulations, rules, resolutions and circulars in force shall remain applicable in a manner consistent with the provisions of this Law until the issuance of the policies, regulations, rules, resolutions and circulars implementing its provisions. • The Chairman of the Department shall issue the necessary executive 16 and operational policies, resolutions and circulars required for the implementation of the provisions of this Law. Article (18) • Aforesaid Law No. (5) of 2018 and Law No. (6) of 2018 shall be repealed. • Any provision provided for in the legislations establishing the Affiliates, which is contrary to the provisions of this Law, shall be repealed. • Any provision contrary to the provisions of this Law shall be repealed. Article (19) This Law shall be effective from the date of its issuance and published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 15 November 2019 Corresponding to: 18 Rabi’ Al-Awwal 1441 Hijri 17 Decrees 19 seerceD Amiri Decree No. (21) of 2019 Concerning the Appointment of the Chairman of the Department of Municipalities and Transport We, Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments; • Law No. (30) of 2019 concerning the establishment of the Department of Municipalities and Transport; • Amiri Decree No. (1) of 2019 concerning the reformation of the Executive Council of the Emirate of Abu Dhabi, and its amendments; and • Based on what was presented by the Chairman of the Executive Council; Issued the following Decree: Article (1) His Excellency Falah Mohammed Al-Ahbabi, Member of the Executive Council, shall be assigned as the Chairman of the Department of Municipalities and Transport. Article (2) This Decree shall be effective from the date of its issuance and published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 15 November 2019 Corresponding to: 18 Rabi’ Al-Awwal 1441 Hijri 21 Amiri Decree No. (22) of 2019 Concerning the Appointment of a Member in the Executive Council We, Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments; • Law No. (7) of 2018 concerning the reorganisation of the Economic Development Department; • Amiri Decree No. (1) of 2019 concerning the reformation of the Executive Council of the Emirate of Abu Dhabi, and its amendments; and • Based on what was presented to and approved by the Executive Council; Issued the following Decree: Article (1) H.E. Mohammed Ali Mohammed Al Shorafa Al Hammadi, Chairman of the Department of Economic Development, shall be appointed as Member of the Executive Council to replace H.E. Saif Mohammed Al Hajiri. Article (2) This Decree shall be effective from the date of its issuance and published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 15 November 2019 Corresponding to: 18 Rabi’ Al-Awwal 1441 Hijri 22 Amiri Decree No. (23) of 2019 Concerning the Appointment of Members of the Public Prosecution at Abu Dhabi Judicial Department We, Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments; • Law No. (23) of 2006 concerning the Judicial Department in the Emirate of Abu Dhabi, and its amendments; • The recommendation of the Judicial Council; and • Based on what was presented by the Chairman of the Judicial Department; Issued the following Decree: Article (1) The following gentlemen shall be appointed as Members of the Public Prosecution at Abu Dhabi Judicial Department, as per the position and grade corresponding to each of them: No. Name Nationality Position Grade Abdul Munem Jamal El Din Abdul First Chief 1. Egypt Third Hamid Mohammed Al Siwi Prosecutor First Chief 2. Yasser Jalal Al Sayyed Darwish Egypt Third Prosecutor Chief 3. Sameh Fathalla Mourssi Fathalla Egypt Fourth Prosecutor 23 Article (2) This Decree shall be effective from the date of its issuance and published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 17 November 2019 Corresponding to: 20 Rabi’ Al-Awwal 1441 Hijri 24 United Arab Emirates The Emirate Of Abu Dhabi Issued By The Gereral Secretariat of The Executive Council of The Emirate Of Abu Dhabi Office of Legal Affairs Abu Dhabi - P.O. Box: 19 Tel: +971 26688446 Fax: +971 26669981