Issued by …
Published in Umm Al-Qura 5032 issued on 17 May 2024.
The Minister of Environment, Water, and Agriculture,
Chairman of the Board of Directors of the National Center for Waste Management
based on the powers entrusted to him by law,
and based on clause First of Ministerial Decision 332291 dated 18 Shawwal 1443 [26 May 2023], approving the adoption of the executive regulation of the Waste Management Law issued by Royal Decree D/3 dated 5 Muharram 1443 [14 August 2021], and article 25 of the regulation, which stipulates that: “The decision to exempt from some of the conditions or requirements of the licence or its financial fee, or to authorise an initiative or activity, must be issued by a decision by the minister or whoever he authorises,”
and as required by the interest of work,
hereby decides
First
The Criteria and Controls for Requesting the Exemption of the Activity of Waste Management from the Conditions or Requirements of their Licence, Permit, or Financial Fee are hereby approved in the form attached to this decision.
Second
This decision must be published in the official gazette, and comes into force on the date of its publication. It must be communicated to those who are required to adopt and implement it, and it repeals all previous decisions in conflict with it.
May Allah provide success.
The Minister of Environment, Water, and Agriculture
Chairman of the Board of Directors of the National Center for Waste Management Abdulrahman bin Abdulmohsen Al-Fadley
Issued on: 1 Dhu Al-Qa’dah 1445
Corresponding to: 9 May 2024
Published in Umm Al-Qura 5034 issued on 31 May 2024.
Issued by National Center for Waste Management Decision 5208104
1. Introduction
Purpose
Based on articles 24 and 25 of the Executive Regulation of the Waste Management Law issued by the Minister of Environment, Water, and Agriculture Decision 332291/1/1443 dated 18 Shawwal 1443 [19 May 2022], the centre has the right to exempt—taking into account the existing laws—some waste management activities from some conditions or requirements of a licence or permit within a specified geographical scope or for a temporary period or from the fee specified for this activity.
This document aims to clarify the criteria and controls for approving the application exemption in addition to the relevant forms.
Scope of Application
These criteria and controls apply to establishments and entities from the public, private, or non-profit sectors to which the criteria and conditions of exemption apply.
2. Criteria and Controls
1. Establishments and entities from the public, private, or non-profit sectors may submit an application for exemption from some conditions or requirements of a licence or permit required to practise the waste management activity within a specified geographical scope or for a temporary period, or from the fee for this activity.
2. The exemption application must be submitted in accordance with the form approved for this purpose (Form of Application for the Exemption from Conditions or Requirements of a Licence or Permit). The applicant shall attach all supporting documents of his application, and the application is not considered to meet the conditions unless all the required information and documents are submitted within the application or attached to it, after paying the application review fee.
3. The General Directorate of Licences and Permits in the centre shall review the application, assess the reasons and justifications for the exemption application, and review the attached records and documents based on the following criteria:
(a) Nature of the activity or service: Includes assessing whether there is an urgent need to provide the service or not and the effects of not providing the service, including evaluating the levels of demand for the service within the geographical scope specified according to the comprehensive strategic plan for the waste management sector in the Kingdom.
(b) Applicant: Whoever submits an application for exemption from some conditions or requirements of a licence or permit required to practise the waste management activity, from owners of small and medium enterprises, in addition to civil associations and non-profit sector establishments.
(c) Geographical scope of the practice of the activity: The geographical scope to which the provisions of the waste management system and its executive regulations apply, within the territory of the Kingdom, including internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, and the continental shelf, and for which some legal, security, or investment reasons may affect the ability of service providers to provide the required services within such geographical scope.
(d) Technical aspects: Include aspects relating to technology and innovation and the development of local expertise, where the centre can support and stimulate the use of technology or innovation in specific areas or encourage the transfer of knowledge or the localisation of technology.
(e) Economic aspects: Include evaluating the economic feasibility of providing some services compared to the need to provide them, or the investment aspects of providing the service, where the centre may make exemptions from some of the conditions or requirements of the licence, permit, or fee for them to encourage investment and reduce costs for investors.
4. When reviewing the application, the General Directorate of Licences and Permits shall refer to the competent departments in the centre (legal affairs, sector development… etc.) to take their views according to their competence regarding the reasons and justifications for the exemption application and the criteria approved for this purpose.
5. During the stage of reviewing the application, the centre may notify the applicant of the submission of any additional information or documents, and in the event that they are not submitted within a period of 15 days that can be extended for one time, the application is considered null and void without the financial fee being recoverable, and the applicant may re-submit his application.
6. Based on the results of the review of the application, the General Directorate of Licences and Permits shall recommend accepting or rejecting the exemption application.
7. In the event of a recommendation for acceptance, the chief executive officer of the centre shall submit to the Minister of Environment, Water, and Agriculture—chairman of the board of directors of the centre—a request for adopting the exemption application in accordance with the form prepared for this purpose (Form for Adoption Request).
8. The decision to exempt from some conditions or requirements of a licence, its fee, or the permit of an initiative or activity, is issued by a decision by the minister or whoever he authorises.
9. The centre shall decide on the exemption application from conditions or requirements of a licence, permit, or fee specified for the waste management activity within 30 working days from the date of submitting the application, which may be extended for a period of ten working days a single time.
Form of the Application for Exemption from Conditions or Requirements of a Licence or Permit
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Establishment Details |
|||
| Establishment Name | Commercial Registration of the Establishment | ||
| Activity | |||
|
Details of the Activity of the License or Permit |
|||
| Main activity of the License | |||
| Sub-Activity of the License or Permit | |||
| Conditions or Requirements from which Exemptions are Required | |||
| Geographical Scope of the Exemption Application | |||
| Period of Time Targeted by the Exemption Application | |||
| Fee for the License or Permit | |||
Justifications for the Exemption Application:
| ◻ | The need to provide the service for a period of time is not sufficient to recover the costs of providing it. |
| ◻ | The inability of the service providers to provide the service for economic, security, investment, legal, or other reasons, with an urgent need to provide it. |
| ◻ | Stimulate investment in waste management services. |
| ◻ | Building national expertise, transferring knowledge, and localising advanced technologies. |
| ◻ | Other:……………………………………………………………….. |
| Justifications for the exemption application are attached to the supporting document |
|
Applicant Details |
|||
| Applicant Name | Capacity | ||
| Phone | |||
| Signature | |||
Note:
Necessary supporting records and documents are attached to the exemption application.
The centre shall review the application within 30 working days from the date of submitting the application.
Form for Adoption Request
|
Establishment Details |
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| Establishment Name | Commercial Registration of the Establishment | ||
| Activity | |||
| Address | |||
| Conditions or Requirements from which Exemptions are Required | |||
|
Approval of the application for exemption from conditions and requirements of a licence or permit |
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| To: The Minister, Chairman of the Board of Directors of the National Center for Waste ManagementWith reference to the applicant …………………………………………………………… Under the name of the establishment ………………………………………………………………………….
to be exempt from ………………………………………………………………………………………………………………………………………… and after reviewing the application and the justifications for the exemption application ……………………………………………………………………………………….. …………………………………………………………………………………………………………………… and based on article……………………… of the Executive Regulation of the Waste Management Law, which contains ………………………………………………. ………………………………………………….. We request that Your Excellency adopt the exemption application. |
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| Chief Executive Officer of the National Center for Waste ManagementSignature………….
The approval is hereby adopted by the Minister of Environment, Water, and Agriculture Chairman of the Board of Directors of the National Center for Waste Management Signature……………. |
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Published in Umm Al-Qura 5034 issued on 31 May 2024.
The Minister of Human Resources and Social Development,
based on the powers entrusted to him by law, after perusal of the Labour Law issued by Royal Decree D/51 dated 23 Sha’ban 1426 [8 March 2005] and its amendments,
and after perusal of the provisions of the Executive Regulation of the Labour Law and its annexes issued by Ministerial Decision 70273 of 11 Jumada Al-Thani 1440 [11 February 2019] and its amendments,
and in pursuance of the public interest,
hereby decides
First
The Executive Regulation of the Labour Law issued by Ministerial Decision 70273 dated 11 Rabi Al-Thani 1440 [18 December 2018] its amendments is hereby amended as follows:
1. Paragraph 4 of article 38 is hereby amended with the following text:
The Vice Minister for Labour shall establish a centre competent to receive the following:
(a) Considering objections to administrative decisions imposing penalties for work violations submitted by violators.
(b) Considering requests for the settlement of violations submitted by violators as follows:
– With regard to objections to administrative decisions imposing penalties for work violations, its decisions are issued in accordance with the procedures of clauses Five and Six stipulated in article 38 of this regulation.
– With regard to settlements, it submits its recommendations to the minister for approval.
(c) Considering cases of wrongful payment of violations by establishments and issuing an administrative decision to that effect.
(d) The organisational and administrative affiliation of the centre is to the Vice Minister for Labor.
2. Clause Nine is hereby added to article 38 with the following text:
Forming a committee to consider the petition request for decisions of the objections centre. The members of the committee are nominated by a decision by the minister.
Second
This decision must be published in the official gazette and on the website of the ministry, and comes into force on the date of its publication.
Third
The Vice Minister for Labor shall take the necessary measures to implement this decision.
May Allah provide success.
The Minister of Human Resources and Social Development
Ahmad bin Suleiman Al-Rajhi
Issued on: 29 Shawwal 1445
Corresponding to: 8 May 2024
Published in Umm Al-Qura 5033 issued on 24 May 2024.
The Board of Directors of the Authority of People with Disability,
based on the powers entrusted to it by law,
and based on article 31 of the Law of the Rights of Persons with Disabilities issued by Royal Decree D/27 dated 11 Safar 1445 [28 August 2023], which stipulates that “the board of directors of the authority—after coordination with the relevant authorities—shall issue the regulation within one hundred and twenty days from the date of the issuance of the law.”
hereby decides
First
The Executive Regulation of the Law of the Rights of Persons with Disabilities is hereby approved in the form attached.
Second
The regulation must be published in the official gazette, and comes into force on the date of publication.
May Allah provide success.
The Board of Directors of the Authority of People with Disability
Issued on: 29 Shawwal 1445
Corresponding to: 8 May 2024
Published in Umm Al-Qura 5033 issued on 24 May 2024.
The Council of Ministers,
after perusal of Royal Court File 17040 dated 8 Rabi Al-Awwal 1445 [23 September 2023] during its session held under the chairmanship of the Custodian of the Two Holy Mosques, King Salman bin Abdulaziz Al-Saud which includes the Minister of Human Resources and Social Development, Chairman of the Preparatory Committee for Administrative Organization Telegram 32339 dated 1 Jumada Al-Awwal 1445 [16 September 2023], regarding the request to convert the Saline Water Conversion Corporation to an authority named the Saudi Water Authority, and the approval of the draft organizational arrangements for the authority,
after perusal of the aforementioned draft organizational arrangements,
after perusal of the Law of the Saline Water Conversion Corporation issued by Royal Decree D/49 dated 20 Sha’ban 1394 [8 September 1974],
after perusal of the Water Law issued by Royal Decree D/159 dated 11 Dhu Al-Qa’dah 1441 [2 July 2020],
after perusal of Council of Ministers Decisions 710 dated 9 Dhu Al-Qa’dah 1441 [11 July 2020], 263 dated 14 Jumada Al-Awaal 1442 [29 December 2020], 616 dated 20 Shawwal 1442 [1 June 2021], 652 dated 22 Dhu Al-Qa’dah 1443 [22 June 2022], and 826 dated 24 Dhu Al-Qa’dah 1444 [13 June 2023],
after perusal of Royal Order 48790 dated 24 Ramadan 1439 [8 June 2018],
after perusal of the Bureau of Experts at the Council of Ministers Memorandum 2391 dated 2 Rajab 1445 [13 January 2024], Memorandum 3189 dated 3 Ramadan 1445 [13 March 2024], and Memorandum 3525 dated 8 Shawwal 1445 [17 April 2024],
after perusal of the Council of Economic and Development Affairs Recommendation 1-30/45/I dated 20 Jumada Al-Thani 1445 [2 January 2024],
and after perusal of the General Committee of the Council of Ministers Recommendation 10959 dated 20 Shawwal 1445 [29 April 2024],
hereby decides
First
The conversion of “Saline Water Conversion Corporation” to an authority named “Saudi Water Authority” as the regulator of water services activities is hereby approved.
Second
The Organizational Arrangements of the Saudi Water Authority is hereby approved in the form attached.
Third
The organizational arrangements referred to in clause Second of this decision hereby replace the Law of the Saline Water Conversion Corporation issued by Royal Decree D/49 dated 20 Sha’ban 1394 [7 October 1974].
Fourth
1․ The name of the “Water and Electricity Regulatory Authority” is hereby amended to become the “Saudi Electricity Regulatory Authority” and its regulation issued by Council of Ministers Decision 263 of 14 Jumada Al-Awwal 1442 [29 December 2020] is hereby amended as follows:
(a) The phrase “water activity” from the definition of services provided in article 1 is hereby deleted.
(b) The definition of “water activity” provided in article 1 is hereby deleted.
(c) Paragraph 4 of article 4, relating to the allocation of water activity is hereby deleted.
(d) The phrase “electricity generation” hereby replaces the phrase “water and electricity production” in article 5(6)(a) and (c).
(e) The phrase “or water” provided in article 5(15) is hereby deleted.
2․ The Council of Ministers Decision 263 dated 14 Jumada Al-Awwal 1442 [29 December 2020] is hereby amended as follows:
(a) Paragraph 2 of clause Fourth is hereby repealed, and paragraph 3 of the same clause is hereby redrafted to read as follows:
“The Ministry of Finance continues to be a member of the board of directors of the authority until the completion of the restructuring and privatization of the electricity sector.”
(b) Paragraph 2 of clause Fifth is hereby repealed.
3․ The phrase “the Saudi Electricity Regulatory Authority” hereby replaces the phrase “the Water and Electricity Regulatory Authority”, and the phrase “the Board of Directors of the Saudi Electricity Regulatory Authority” hereby replaces the phrase “the Board of Directors of the Water and Electricity Regulatory Authority” wherever it occurs in laws, systems, orders, royal decrees, decisions, and regulations.
Fifth
The Saudi Water Authority hereby replaces the Saline Water Conversion Corporation in all the responsibilities, powers, rights, obligations, and the like of the corporation, and all the assets of the corporation of all kinds are hereby transferred to the authority, without prejudice to the provisions of Council of Ministers Decision 652 dated 22 Dhu Al-Qa’dah 1443 [22 June 2022] issued regarding the privatization of the Saline Water Conversion Corporation.
Sixth
The phrase “the Saudi Water Authority” hereby replaces the phrase “the Saline Water Conversion Corporation”, the phrase “the Chief Executive Officer of the Saudi Water Authority” hereby replaces the phrase “the Governor of the Saline Water Conversion Corporation”, and the phrase “the Board of Directors of the Saudi Water Authority” hereby replaces the phrase “the Board of Directors of the Saline Water Conversion Corporation” wherever it occurs in laws, systems, orders, royal decrees, decisions, and regulations.
Seventh
The Saudi Water Authority shall exercise the powers, competences, rights, and duties relating to the regulation of water services activities—with the exception of dual production activities—provided in the Water Law issued by Royal Decree D/159 dated 11 Dhu Al-Qa’dah 1441 [2 July 2020] and Council of Ministers Decision 710 dated 9 Dhu Al-Qa’dah 1441 [30 June 2020] issued in connection with its approval, without prejudice to the application of the provisions provided in Royal Order 48790 dated 24 Ramadan 1439 [8 June 2018] issued in connection with the Governance Guide for Amending the Prices of Energy and Water Products.
Eighth
The Saudi Water Authority shall establish a mechanism for coordination with the Ministry of Environment, Water, and Agriculture and the Saudi Electricity Regulatory Authority to implement the provisions of clause Seventh of this decision within a period not exceeding one year from the date of approval of this decision.
Ninth
The Board of Directors of the Saudi Water Authority shall exercise its powers stipulated in article 6(6) of the organizational arrangements—referred to in clause Second of this decision—in agreement with the Central Committee for Fees and Charges formed by Royal Court Telegram 83347 dated 2 Dhu Al-Hijah 1444 [21 June 2023], until the issuance and implementation of the Regulation on the Practice of Public Authorities and Establishments and Their Equivalent Imposing the Financial Remuneration for the Services and Works They Provide.
Tenth
The Saudi Water Authority shall take into account that, when its board of directors exercises its competence stipulated in article 6(17) of the organizational arrangements—referred to in clause Second of this decision—there is an approved budget for each project.
Eleventh
The board of directors of the current Saline Water Conversion Corporation—formed in accordance with article 4 of the Law of the Saline Water Conversion Corporation issued by Royal Decree D/49 dated 20 Sha’ban 1394 [8 September 1974], in whose regard the Council of Ministers Decision 826 dated 24 Dhu Al-Qa’dah 1444 [13 June 2023] is issued, shall exercise the powers and competences of the board of directors stipulated in article 6 of the organizational arrangements—referred to in clause Second of this decision—until the end of its term or until the formation of a new board of directors for the Saudi Water Authority in accordance with article 5 of the aforementioned organizational arrangements, whichever is earlier.
Twelfth
The Governor of the Saline Water Conversion Corporation—with effect from the date of entry into force of the organizational arrangements referred to in clause Second of this decision—continues to obtain his current job benefits and shall exercise the functions and competences of the Chief Executive Officer of the Saudi Water Authority provided in article 8 of the organizational arrangements, until the board of directors of the authority appoints a chief executive officer for the authority in accordance with the opening of article 8 of the organizational arrangements, or the lapse of four years from the date of approval of this decision, whichever is earlier.
Thirteenth
The financial and administrative regulations of the Saline Water Conversion Corporation continue to apply to the employees of the Saudi Water Authority, and the regulations and organizational decisions issued based on the Law of the Saline Water Conversion Corporation issued by Royal Decree D/49 dated 20 Sha’ban 1394 [8 September 1974] and the Water Law issued by Royal Decree D/159 dated 11 Dhu Al-Qa’dah 1441 [2 July 2020] continue to apply, until the Board of Directors of the Saudi Water Authority issues a replacement to them in accordance with its powers prescribed based on clause Seventh of this decision and the organizational arrangements referred to in clause Second of this decision.
Fourteenth
A committee in the Ministry of Environment, Water, and Agriculture must be formed with the membership of representatives from the Ministry of Finance, the Ministry of Human Resources and Social Development, and the Saudi Water Authority, to take the necessary action regarding the following:
1․ Transferring the employees and workers related to the regulation of water services activities and the vacant positions related to this—with the exception of dual production activities—in the Regulatory Affairs Agency in the Ministry of Environment, Water, and Agriculture (Water Regulator), to the Saudi Water Authority, in accordance with the rules and arrangements relating to the mechanism for the treatment of employees and workers in the sectors targeted for conversion and privatization, issued by Council of Ministers Decision 616 dated 20 Shawwal 1442 [1 June 2021].
2․ Transferring property, documents, contracts, financial allocations, and initiatives relating to the regulation of water services activities—with the exception of dual production activities—from the Regulatory Affairs Agency in the Ministry of Environment, Water, and Agriculture (Water Regulator) to the Saudi Water Authority.
This must be within a period not exceeding sixty days from the date of approval of this decision, and reports on matters that require reporting must be submitted.
Fifteenth
The placement of employees and workers in the Saudi Water Authority must be based on the administrative regulation referred to in article 6(5) of the organizational arrangements—referred to in clause Second of this decision—in accordance with the rules and arrangements relating to the mechanism for the treatment of employees and workers in the sectors targeted for conversion and privatization, issued by Council of Ministers Decision 616 dated 20 Shawwal 1442 [1 June 2021].
Sixteenth
The Ministry of Environment, Water, and Agriculture shall, when preparing the report on the structure and organizational guide of the ministry, in whose regard Royal Court Telegram 39678 dated 26 Jumada Al-Thani 1441 [21 February 2020] is issued, take into account the provision of clause Seventh of this decision.
Seventeenth
The Saudi Water Authority shall carry out the following:
1․ Prepare a draft system for it in light of the organizational arrangements—referred to in clause Second of this decision—and the matters stated in this decision, and those that may appear to it in this regard, and submit it to complete the necessary legal procedures in this regard, within twelve months from the date of entry into force of the aforementioned organizational arrangements.
2․ Continue to review the laws, systems, orders, royal decrees, and decisions that have been affected by the provisions of this decision, in coordination with the Ministry of Environment, Water, and Agriculture, the Ministry of Energy, and the Saudi Electricity Regulatory Authority. If it finds the need to amend any of its provisions—which directly or indirectly relate to its work—it shall submit matters it deems necessary in this regard, in preparation for completing the necessary.
Salman bin Abdulaziz Al-Saud
Issued on: 28 Shawwal 1445
Corresponding to: 7 May 2024
Published in Umm Al-Qura 5032 issued on 17 May 2024.
Issued on: 28 Shawwal 1445
Corresponding to: 7 May 2024
Published in Umm Al-Qura 5032 issued on 17 May 2024.
