Executive Regulation For Logging For the Environmental Law issued by the Royal Decree No. (m/165) 2020

Executive Regulation For Logging For the Environmental Law issued by the Royal Decree No. (m/165), dated 19/11/1441 Hijri *** Note: In the event of any discrepancy between the Arabic original version of this Executive Regulation and this English translation, the Arabic version prevails *** Contents Article (1): Definitions ............................................................................................................................. 4 Article (2): Scope of Application ........................................................................................................... 5 Article (3): Center's Scope of Work pertaining to Firewood and Charcoal .............................. 5 Article (4): Licenses and Permits .......................................................................................................... 6 First: Activities related to Firewood and Charcoal ............................................................... 6 Second: Documents Required to Obtain a License or Permit .............................................. 6 Third: General Terms ............................................................................................................... 6 Article (5): Violations .............................................................................................................................. 7 Article (6): Apprehension of Violations and Imposition of Penalties .......................................... 8 Table (1): Violations and Penalties of the Executive Regulation for Logging (1) ....................... 9 Table (2): Violations Referred to the Competent Court ............................................................... 12 Article (1): Definitions The following terms and expressions - wherever they appear in the Executive Regulation – shall have the meanings set forth below, unless the context requires otherwise: Law: Environmental Law. Founding Regulations: Founding regulations of the National Center for Vegetation Cover and Combating Desertification. Executive Regulation: Executive Regulation for logging. Ministry: Ministry of Environment, Water and Agriculture. Minister: Minister of Environment, Water and Agriculture. Center: National Center for Vegetation Cover and Combating Desertification. Relevant Authority: The Ministry or the Center and their branches in Saudi Regions. Committee: Violation Review Committee. Inspectors: Employees designated by a decision issued by the Minister or the Chairman of the Center’s board of directors to detect, investigate, and report the violations of the Executive Regulation. Security Authorities: Any security authority within the Ministry of Interior, within its jurisdiction. Person: Any public or private natural or legal person. Permit: A document issued by the Center to a person before undertaking any activity having an environmental impact. License: A document issued by the Center authorizing a person to undertake an environmental activity. Permittee: A person who is granted a permit in accordance with the provisions of this Executive Regulation. Licensee: A person who is granted a license in accordance with the provisions of this Executive Regulation. Vegetation Cover: Natural plants, whether grasses, shrubs, or trees. Vegetation Cover Lands: All state-owned land that contains wild plants and the like. These include rangelands, forests, national terrestrial and geological parks, wetlands, steppe regions, sandy areas (dunes), mountain areas, valleys, coastal areas, and islands. Trees: Any plant that has a wooden trunk or aerial roots and rises from the surface of the soil (1.5 m) one and a half meter or more, whether naturally grown or planted. Shrubs: Any natural or planted flora whose height varies from (0.5 m) half a meter to less than (1.5 m) one and a half meter. Logging: Cutting, transporting, charring, storing, or selling wild trees without a license. Local Firewood: Woody parts of stems, branches, or roots of local trees or shrubs. Local charcoal: Product of the incomplete combustion of local firewood. Violations: Violations of the provisions of the law or the Executive Regulation. Violator: Violator of the provisions of the law or the Executive Regulation. Violation Report: Report issued by the inspectors or security authorities, that is numbered and dated and includes the information required about the violator, the violations, the violator’s justification if any, as well as the discussions, observations, facts, evidence, and all related procedures. Compensation: Monetary amount paid by the person who causes damage, pollution, or environmental degradation, to compensate for, or eliminate, the deterioration resulting from such damage, pollution, or environmental degradation . The compensation includes rehabilitation expenses in the event that rehabilitation was not carried out by the person causing damage, pollution, or environmental degradation. Rehabilitation: Any procedure conducted on a site environmentally degraded or affected by environmental damage or pollution, in order to restore its natural environmentally balanced state, in accordance with the standards set by the relevant authority. Article (2): Scope of Application The provisions of the Executive Regulation shall apply to all the persons in the Kingdom of Saudi Arabia. Article (3): Center's Scope of Work pertaining to Firewood and Charcoal The Center is responsible of the following: (1) Regulating the import of firewood and charcoal. (2) Approving the rules, conditions, and requirements related to firewood and charcoal licenses and permits. (3) Issuing and renewing licenses and permits for activities related to firewood and charcoal. (4) Coordinating with the security authorities - each within its own jurisdiction - with regard to enforcing the Executive Regulation and reporting violations. (5) Inspecting and reporting violations of the provisions of the Executive Regulation, investigating and providing proofs thereof, and coordinating with security authorities in case support is required to arrest violators. Article (4): Licenses and Permits First: Activities related to Firewood and Charcoal (1) Importing firewood or charcoal (2) Collecting firewood (3) Transporting firewood or charcoal (4) Storing firewood or charcoal (5) Selling firewood or charcoal (6) Promoting firewood or charcoal (7) Chopping wood and tree residues resulting from the work of pruning and maintaining trees and shrubs to prepare firewood and charcoal. Second: Documents Required to Obtain a License or Permit Each license or permit applicant must submit an application to the Center and attach the following documents: (1) A copy of the national identity card (for each person), the commercial register if it is a private sector, or the license if it is a civil association or institution. (2) Detailed information about the location of the activity, the time period requested, as well as the contractual quantities, and the used means and equipment. (3) The center is entitled to request any other documents or information. Third: General Terms (1) It is prohibited to practice any of the activities related to firewood or charcoal unless a license or permit is obtained for this purpose. (2) The license or permit for the activities mentioned in clause (7) of (First of) this article is limited to the following cases: A. Wood and tree residues resulting from the trimming and maintenance of trees, and shrubs in national parks, rangelands, forests, or protected areas. B. Wood and tree residues resulting from the trimming and maintenance of trees, and shrubs in farms and similar facilities. C. Wood and tree residues resulting from the trimming and maintenance of trees, and shrubs in streets, gardens, and squares within the municipal area, authorized by Ministry of Municipal, Rural Affairs and Housing or the secretariats and municipalities. D. Wood and tree residues resulting from trimming and maintenance of trees and shrubs in public facilities, establishments, private properties, and similar facilities. (3) The center shall issue its decision on license or permit applications within a period of (15) days as of the registration date of application submission to the Center. (4) The issued license or permit shall include the validity period, and any requirements set forth by the Center. (5) The issued license or permit shall include the location, quantities, types, and duration requested for the activity, and the used means and equipment. (6) The license or permit is issued after payment of the fees specified by the Center. (7) The holders of licenses and permits shall abide by its requirements. (8) The licensee or the permittee, in accordance with clause (2) of (Third of) this article, must comply with the following: A. Packaging the products tightly and identifying them with an information card written on the package under the person’s name or the trade name. B. The information card must include the type of firewood or charcoal, its weight, source, production date, and license or permit number. C. Presenting the permit or license to the inspectors and security authorities when requested. Article (5): Violations (1) In implementing the law, provisions of clause (1), article (19), the following activities are considered violations to the provisions of the law and the Executive Regulation: Cutting down, uprooting, transporting, or harming trees, shrubs, herbs or plants in vegetation cover lands, or stripping bark, leaves or any part of them, transporting their soil or drainage, or trading in them without a prior license or permit from the Center. (2) In implementing the law, provisions of article (20), it is prohibited to: A. use local firewood and charcoal in commercial activities such as restaurants, kitchens, bakeries, and similar facilities. B. produce local charcoal (carbonization). (3) In implementing the law, provisions of article (32), the following activities are considered violations to provisions of the law and the Executive Regulation: Cutting down, uprooting, or translating trees, shrubs, grasses or plants, or stripping bark, leaves or any other part of them, moving or excavating their soil, or trading in them without a prior license or a permit from the Center. (4) The expression “part of them” in the provisions and Executive Regulation refers to any crucial part that leads to the death of trees or shrubs, in accordance with the Center’s judgement. Article (6): Apprehension of Violations and Imposition of Penalties Reporting the violations of the provisions of the Executive Regulation and imposition of penalties - listed in tables (1) and (2) - shall be carried out in accordance with the provisions of the Executive Regulation for Apprehension of Violations and Imposition of Penalties, taking into account the specifics of reporting violations of firewood and charcoal as follows: A. The relevant authority may coordinate with Ministry of Commerce, secretariats, municipalities and other relevant authorities in the regions and provinces to designate employees from their authorities to participate in apprehending violations of the Executive Regulation with reference to commercial activities such as outlets, restaurants, kitchens, and similar facilities. B. The confiscated quantity of firewood or charcoal is determined by measuring the volume occupied by the firewood or charcoal by calculating (the length of the area multiplied by its width multiplied by its height) and documented with photographs that shall be attached to the violation report. C. The vegetation cover’s products subject to violation shall be confiscated from the violator and transferred to the place where they will be stored, or to the vegetation cover land to which they will be returned, according to circumstances and as decided by the Center, at the expense of the violator. The confiscated firewood cannot be sold as fuelwood, but it can be sold to agricultural waste recycling facilities, or to local furniture factories, or it can be converted into sawdust or any other alternatives that do not allow its direct usage as fuelwood. Table (1): Violations and Penalties of the Executive Regulation for Logging (1) Violation Penalty for the First Violation (SAR) Penalty for the Second Violation (SAR) Penalty for the Third Violation (SAR) Comments Violations of Local Firewood and Charcoal 1 Transporting Local Firewood 5 000 10 000 16 000 Per Cubic Meter (2) 2 Selling Local Firewood 5 000 10 000 16 000 Per Cubic Meter (2) 3 Storing Local Firewood 5 000 10 000 16 000 Per Cubic Meter (2) 4 Transporting Local Charcoal 5 000 10 000 16 000 Per Cubic Meter (2) 5 Selling Local Charcoal 5 000 10 000 16 000 Per Cubic Meter (2) 6 Storing Local Charcoal 5 000 10 000 16 000 Per Cubic Meter (2) 7 Collecting Local Firewood without a License 5 000 10 000 16 000 Per Cubic Meter (2) 8 Using Local Firewood in a Commercial Activity, such as Restaurants, Kitchens, Bakeries, and Similar Facilities in Violation of Article (5) of the Executive Regulation 10 000 20 000 32 000 Per Cubic Meter (2) 9 Using Local Charcoal in a Commercial Activity, such as Restaurants, Kitchens, Bakeries, and Similar Facilities in Violation of Article (5) of the Executive Regulation 10 000 20 000 32 000 Per Cubic Meter (2) Violations of Firewood and Charcoal Prepared from Chopping Wood and Tree Residues Resulting from Trimming and Maintenance 10 Preparing Firewood or Charcoal from Cutting Wood and Tree Residues without a License 2 000 4 000 8 000 11 Transporting Firewood or Charcoal Prepared from 2 000 4 000 8 000 Cutting Wood and Tree Residues without License 12 Selling Firewood or Charcoal Prepared from Cutting Wood and Tree Residues without a License 2 000 4 000 8 000 13 Storing Firewood or Charcoal Prepared from Cutting Wood and Tree Residues Without a License 2 000 4 000 8 000 Violations of Imported Firewood and Charcoal 14 Selling Imported Firewood without a License 2 000 4 000 8 000 15 Storing Imported Firewood without a License 2 000 4 000 8 000 16 Selling Imported Charcoal without a License 2 000 4 000 8 000 17 Storing Imported Charcoal without a License 2 000 4 000 8 000 Violations of Cutting Trees, Shrubs, Herbs, and Plants 18 Cutting, Uprooting, Transporting, Bulldozing or Trading in Trees from the Vegetation Cover Lands without a License 10 000 15 000 20 000 Per Tree (3) 19 Stripping Trees of their Bark, Leaves, or any Part of Them, or Transporting their Soil, without a License 3 000 5 000 7 000 Per Tree (3) 20 Cutting, Uprooting, Transporting, Bulldozing or Trading in Shrubs from the Vegetation Cover Lands, without a License 3 000 5 000 7 000 Per Shrub (3) 21 Stripping Shrubs of their Bark, Leaves, or any Part of Them, or Transporting their Soil, without a License 1 000 2 000 3 000 Per Shrub (3) 22 Burning Trees or Shrubs or Pouring Materials or Liquids such as Diesel and Similar Substances, on their Parts or Soil Leading to their Damage 10 000 15 000 20 000 Per Tree (3) 23 Cutting, Uprooting, Transporting, Bulldozing or 20 000 30 000 40 00 Per Tree (3) Trading in Trees from Protected Areas without a License 24 Stripping Trees of their Bark, Leaves, or any Part of Them, or Transporting their Soil, without a License 6 000 10 000 14 000 Per Tree (3) 25 Cutting, Uprooting, Transporting, Bulldozing or Trading Shrubs in Protected Areas without a License 6 000 10 000 14 000 Per Shrub (3) 26 Stripping Shrubs in Protected Areas of their Bark, Leaves, or any Part of Them, or Transporting their Soil without a License 2 000 4 000 6 000 Per Shrub (3) 27 Burning Trees or Shrubs in Protected Areas or Pouring Materials or Liquids such as Diesel and Similar Substances on their Parts or Soil Leading to their Damage 20 000 30 000 40 000 Per Tree (3) (1) The penalties for repeating the violations listed in this table shall apply to any person who commits the violation for the second or subsequent time after the elapse of one year following the previous violation. The penalty imposed on the violator shall be doubled if the same violation is repeated within one year from the date on which the previous penalty decision became final in accordance with the provisions of the Executive Regulation for Apprehension of Violations Reporting and Application of Sanctions of the Environment Law. (2) Or a part of the cubic meter (the quantity is calculated by multiplying the length by the width by the height of the occupied space). (3) Double the amount of the penalty for perennial and rare trees and shrubs, as per the Center’s judgement. Table (2): Violations Referred to the Competent Court Violations committed for the second time and more - within a period of one year from the previous violation - the Public Prosecution shall investigate them and prosecute before the competent court for consideration and imposition of the penalties stipulated therein. Violation Penalty 1 Cutting, Uprooting, Transporting, Bulldozing or Trading in Trees from the Vegetation Cover Lands, or Stripping them of their Bark, Leaves, or any Part of Them, or Transporting their Soil Without a License. 1- Imprisonment for a period no more than ten years. 2- A fine no more the (30,000,000) Thirty Million Riyals. Or one of the two penalties mentioned above. 2 Cutting, Uprooting, Transporting, Bulldozing or Trading in Shrubs from the Vegetation Cover Lands, or Stripping them of their Bark, Leaves or any Part of Them, or Transporting their Soil Without a License. 3 Cutting, Uprooting, or Transporting Trees from Protected Areas, or Stripping them of their Bark, Leaves, or any Part of Them, or Trading in them Without a License. 4 Cutting, Uprooting, or Transporting Shrubs from Protected Areas, or Stripping them of their Bark, Leaves, or any Part of Them, or Trading in them Without a License.