Waste Management Law
- Royal Decree Numbered 3/م Date 05/01/1443 H
- Minister Council Decision Numbered (11) Date 02/01/1443 H
- Chapter 1: Definitions
- Chapter 2: General Provisions
- Chapter 3: Responsibility of Waste Producer
- Chapter 4: Contracting for the Provision of Waste Management Services
- Chapter 5: Service Provider Responsibility
- Chapter 6: Import and Export of Waste
- Chapter 7: Dealing with Emergencies
- Chapter 8: Fees
- Chapter 9: Civil and Criminal Liability, Rehabilitation, and Compensation
- Chapter 10: Detection of Violations and Imposition of Penalties
- Chapter 11: Final Provisions
بسم الله الرحمن الرحيم
مرسوم ملكي رقم (3/م) وتاريخ 5/1/1443هـ
بعون الله تعالى
نحن سلمان بن عبد العزيز آل سعود ملك المملكة العربية السعودية
بناءً على المادة (90) من النظام الأساسي للحكم، الصادر بالأمر الملكي رقم (أ/90) بتاريخ 27/8/1412هـ.
بناءً على المادة (20) من نظام مجلس الوزراء، الصادر بالأمر الملكي رقم (أ/13) بتاريخ 3/3/1414هـ.
بناءً على المادة (18) من نظام مجلس الشورى، الصادر بالأمر الملكي رقم (أ/91) بتاريخ 27/8/1412هـ.
بناءً على الأمر الملكي رقم (أ/97) بتاريخ 17/3/1418هـ.
وبعد الاطلاع على قرار مجلس الشورى رقم (26/140) بتاريخ 9/9/1442هـ.
وبعد الاطلاع على قرار مجلس الوزراء رقم (11) بتاريخ 2/1/1433هـ.
رسمنا بما هو آت
أولاً: الموافقة على نظام إدارة النفايات، بالصيغة المرفقة.
ثانياً: على سمو نائب رئيس مجلس الوزراء والوزراء ورؤساء الأجهزة المعنية المستقلة -كل فيما يخصه- تنفيذ مرسومنا هذا.
سلمان بن عبد العزيز آل سعود
بسم الله الرحمن الرحيم
قرار مجلس الوزراء رقم (11) وتاريخ 2/1/1443هـ
بعد الاطلاع على المعاملة الواردة من الديوان الملكي برقم 53659 وتاريخ 2/9/1442هـ، المشتملة على برقية معالي وزير البيئة والمياه والزراعة رقم 492658/1/1441 وتاريخ 23/7/1441هـ، في شأن مشروع نظام إدارة النفايات.
وبعد الاطلاع على مشروع النظام المرافق.
وبعد الاطلاع على الأمر الملكي رقم (أ/97) وتاريخ 17/3/1418هـ.
وبعد الاطلاع على نظام إدارة النفايات البلدية الصلبة، الصادر بالمرسوم الملكي رقم (م/48) وتاريخ 17/9/1434هـ.
وبعد الاطلاع على رسوم الخدمات البلدية، الصادرة بالمرسوم الملكي رقم (م/71) وتاريخ 6/11/1437هـ.
وبعد الاطلاع على تنظيم المركز الوطني لإدارة النفايات بقرار مجلس الوزراء رقم (457) وتاريخ 11/8/1440هـ.
وبعد الاطلاع على المذكرات رقم (794) وتاريخ 16/5/1442هـ، ورقم (1223) وتاريخ 23/7/1442هـ، ورقم (1907) وتاريخ 3/11/1442هـ، ورقم (2098) وتاريخ 12/8/1442هـ، ورقم (2250) وتاريخ 15/12/1442هـ، المعدة في هيئة الخبراء بمجلس الوزراء.
وبعد الاطلاع على التوصية المعدة في مجلس الشؤون الاقتصادية والتنمية رقم (48-42/48/د) وتاريخ 8/6/1442هـ.
وبعد الاطلاع على توصية اللجنة العامة لمجلس الوزراء رقم (26/140) وتاريخ 9/9/1442هـ.
وبعد الاطلاع على توصية اللجنة العامة لمجلس الوزراء رقم (1) وتاريخ 2/1/1443هـ.
يقرر ما يلي:
أولاً: الموافقة على نظام إدارة النفايات بالصيغة المرافقة.
ثانياً: استمرار العمل بأحكام وإجراءات جمع النفايات البلدية الصلبة المعمول بها في حال كانت لا تتعارض مع أحكام النظام المرافق.
ثالثاً: على معالي وزير البيئة والمياه والزراعة إصدار اللوائح التنفيذية اللازمة لتنفيذ أحكام النظام.
رابعاً: على كل الجهات المختصة تنفيذ القرار.
رئيس مجلس الوزراء سلمان بن عبدالعزيز آل سعود
In this Law, the following words and phrases shall have the meanings assigned thereto, unless the context requires otherwise:
Law: Waste Management Law.
Regulations: Implementing Regulations of this Law.
Center: National Center for Waste Management.
Minister: Minister of Environment, Water, and Agriculture, and Chairman of the Center’s Board of Directors.
Competent Agency: The government agency responsible for the operational management of waste pursuant to a specific statutory provision.
Person: A natural or legal person.
Waste: All discarded or disposed of materials that have a direct or indirect impact on public health or the environment.
Waste Producer: A person who produces the waste classified under this Law.
Waste Management: Managing any activity or practice related to waste, such as waste collection, transportation, sorting, storage, treatment, recycling, import, export, and safe disposal, including the aftercare of waste disposal sites.
Permit: A document issued to waste recycling facilities by the Center to verify their compliance with the Center’s controls and requirements prior to obtaining the licenses issued by the competent agencies in accordance with their regulations.
License: A written permission issued by the Center to carry out any activity related to waste management, as specified in this Law and the Regulations.
Permittee: A person who holds a permit issued by the Center.
Licensee: A person who holds a license issued by the Center.
Service Provider: A person who holds a license or permit to engage in any waste management activity.
Hazardous Waste: Waste that is classified as hazardous under this Law and the Regulations, and generated from industrial or non-industrial activities which contain toxic, flammable, reactive, or corrosive materials, or solvents, degreasers, oils, dyes and pigments, pasty residue, or acids and alkalis.
Marine Vessel Waste: Waste generated from all the means and modes of transportation and floating units used for marine activities, including ships, fishing boats, excursion vessels, or watersports means.
Waste Reduction: Reducing the production of waste to the lowest possible level.
Products: Materials or goods manufactured or derived from other materials for the purpose of sale and consumption.
Reuse of Products: Reusing materials and resources to the maximum extent possible before turning them into waste.
Collection: Collecting waste from designated storage containers of various sizes and types using trucks and machinery designated for such purpose.
Sorting: Manually or automatically separating waste components, such as paper, glass, metals, and the like, in transfer stations or sorting and treatment facilities for the purpose of recycling or treatment.
Transportation: Transporting waste using approved means of transportation to transfer stations, treatment or sorting facilities, or designated landfills.
Transportation Document: A form designated by the competent agency for tracking waste from the point of generation to the point of storage, treatment, or safe disposal.
Recycling: The process of transforming specific waste components into usable materials for the purpose of recovering such components or using them as raw materials in manufacturing processes.
Treatment: The use of physical, biological, or chemical means; a combination of such means; or other means to change the properties of waste in order to reduce its size, make it easier to reuse or recycle, extract certain products therefrom, or remove organic pollutants and other pollutants, for the purpose of reducing particular waste components or benefiting therefrom, or eliminating their potential harm to humans or the environment.
Storage: Temporarily storing all or part of the components of waste for transportation or future use.
Transfer Stations: Facilities used in any phase of waste transportation to treatment or sorting sites and facilities or to safe disposal sites, in order to reduce the cost of transportation.
Incineration: The combustion of waste components to dispose thereof using open burning or controlled burning in special incinerators, with or without energy recovery.
Resource Recovery: The process of recovering energy, raw materials, or any other product from waste for reuse.
Safe Disposal: The safe storage or dismantling of any type of waste using engineered methods that prevent causing any pollution or negative impact on the environment, including the soil, air, water, and biological diversity. Such methods include engineered landfills, equipped incinerators, and other licensed technologies and facilities, which are equipped with the technologies necessary for the protection of public health and safety as well as the environment.
Extended Producer Responsibility: The legal and financial responsibility borne by the importer and producer for products which are intended for sale or consumption, whether such products are imported, locally-produced, or derived from another material, to manage, treat, and safely dispose of residues and waste throughout the life cycle of the product.
This Law aims to regulate the activities of waste collection, transportation, sorting, storage, import, export, treatment, and safe disposal as well as the aftercare of waste disposal sites.
This Law shall not apply to radioactive, nuclear, or military waste.
A person may not engage in any activity relating to waste management without obtaining a license or permit from the Center in accordance with the conditions and requirements for each activity and as specified in the Regulations.
A person who engages in any activity relating to waste management shall seek to achieve the best environmental and economic outcomes according to the following priorities:
- Recycling.
- Resource recovery
- Safe disposal
Without prejudice to relevant statutory provisions, any person who implements a voluntary program, plan, or initiative related to waste management shall comply with the controls issued by the Center as specified in the Regulations.
Ownership of waste shall transfer to the State in the following cases:
- If the waste is placed in or near the containers designated therefor.
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If the waste is placed in a public storage site or in a safe disposal site.
The Center may dispose of waste in a manner that achieves financial sustainability and covers the operational costs of the competent agencies
The competent agencies may dispose of waste upon the approval of the Center, as specified in the Regulations.
It shall be prohibited to leave, bury, incinerate, dump in water, or throw any type of waste in other than the sites designated therefor. The Regulations shall specify the necessary controls.
- The Center shall prepare a comprehensive strategic plan for waste management in the Kingdom in coordination with the relevant agencies, and update such plan as necessary, and shall develop contingency plans, as specified in the Regulations.
- Each competent agency shall develop executive plans for waste management that conform with the comprehensive strategic plan for waste management issued by the Center.
The Center shall:
- issue the controls and requirements with which a service provider and waste producer must comply; and
- classify waste according to its risk to public health and the environment and set the necessary terms and conditions therefor.
A waste producer shall comply with the following measures:
- Rationalizing the use of natural resources and materials.
- Reusing products.
- Reusing products.
- Storing waste in the designated sites in accordance with the requirements provided for in the Regulations.
- Sorting reusable or recyclable waste by placing it in the designated sites after such waste is generated. The Regulations shall determine the types of such waste.
Subject to the provisions of Article 11 of this Law, residential and commercial complexes and government agencies shall contract with a licensed service provider as specified in the Regulations.
- The driver or owner of a marine vessel shall hand over the waste generated by the vessel or from operating it, as well as all the types of waste provided for in international agreements to which the Kingdom is a party, to the port reception facility or in accordance with the mechanism determined by the competent agencies for the treatment of marine vessel waste.
- The Saudi Ports Authority shall set the necessary mechanism for facilities that receive the waste generated by port activities as well as marine vessel waste, or shall transfer such waste to other facilities licensed by the Center for disposal thereof, in accordance with the Regulations.
- All ports shall contract with service providers licensed by the Center to transport and treat waste that is received at the ports or generated by their
- The Center shall periodically be provided with a copy of the records and documents related to the reception of marine vessel waste, which shall indicate the volume and types of the waste received as well as the treatment mechanisms and sites thereof.
Each producer and importer shall bear the extended producer responsibility in order to achieve financial sustainability in the waste management sector which is based on the principle of circular economy. The Regulations shall specify the necessary procedures, controls, and requirements.
The Center shall regulate contractual relationships between the competent agency and waste management service providers. The Regulations shall specify the necessary conditions, controls, and standards in accordance with relevant laws.
- A service provider shall dispose of waste in the manner specified by the Center and in accordance with the Regulations.
- A service provider shall verify the accuracy of the information related to the waste he receives, complete the information of the transportation record and document, and ensure that such waste falls within the scope of the activities he is licensed to provide.
- A service provider who contracts with a government agency shall submit periodic reports to the Center in accordance with the Regulations.
- The providers of transportation, storage, treatment, and safe disposal services shall comply with the requirements of the transportation document in accordance with the Regulations.
- The providers of treatment, recycling, and safe disposal services shall accept any type of waste that falls within the scope of the activities they are licensed to provide.
A service provider who is licensed to transport hazardous waste shall comply with the following:
- Transporting waste by means of transportation which conform to the Center’s specifications.
- Placing warning signs on the means of transportation.
- Ensuring the availability of the hazardous waste documents.
- Notifying the competent authority of the routes of the means of transporting hazardous waste and of any changes to such routes.
- Ensuring that means of transporting hazardous waste do not pass through residential areas and the city center during the times specified by the competent authority.
- Notifying the competent authority of the parking locations of the means of transporting hazardous waste.
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Washing and disinfecting the means of transporting hazardous waste after each use in accordance with relevant instructions and guidelines and in coordination with the competent authority.
The Regulations shall specify the records and documents that must be kept by the provider of hazardous waste transportation services as well as the controls and conditions necessary for the implementation of the provisions of this Article.
If a transportation service provider fails to deliver any type of waste to its designated destination, he shall return the waste to the waste producer. Said producer shall be responsible for taking the measures necessary for the treatment and disposal of such waste in accordance with the Regulations.
Without prejudice to the provisions of relevant international agreements to which the Kingdom is a party:
- It shall be prohibited, without obtaining a license, to import or bring hazardous waste into the Kingdom, its territorial waters, or other marine areas over which the Kingdom exercises sovereignty or jurisdiction rights under international law. The Regulations shall specify the necessary conditions.
- Waste or recycled materials specified by the Center shall not be imported, exported, re-exported, or transited without obtaining a license.
- Devices, equipment, and products which are recycled or not new, and which are designated and classified as waste by the Center may not be imported, exported, or recycled without obtaining a license.
- The safe disposal or treatment of any waste or materials, and the devices, equipment, or products which are recycled or not new, referred to in paragraphs (2) and (3) of this Article, shall be in the manner specified by the Center.
- The Center’s Board of Directors may propose the imposition of fees on the import, export, and transit of waste, and submit the same in accordance with legal procedures.
The Minister or his designee may, in coordination with relevant agencies, take any of the following precautionary measures:
- Activating the contingency plan pertaining to handling the activity of waste management in exigent or extraordinary circumstances, in accordance with the Regulations.
- Suspending the activity, wholly or partially, as the case may be, for a period not exceeding 30 days in case of the detection of a violation that requires prompt action to avoid a disaster, and referring the violator to the competent agency for investigation.
In cases of emergency incidents or serious errors that cause disruption in the management of waste, the service provider shall notify the Center of the same and submit an incident report that includes the causes of the incident, the measures taken to contain the situation, and the consequences of the incident, in accordance with the Regulations.
The Board of Directors of the Center may:
- determine the fees for licenses, permits, services, and works provided by the Center; and
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determine the fees to be paid by waste producers, taking into account the operational costs of the competent agencies.
This shall be in accordance with the controls and requirements specified in the Regulations
The Center may outsource certain services to the private sector.
Damages resulting in civil liability or criminal liability, or both, may include, but are not limited to, the following:
- Loss or damage to property, or the economic loss resulting therefrom.
- The cost of restoring the affected environment to its original condition, unless necessary restoration measures have been taken.
- Loss of income due to damage to the environment.
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Death, injury, or disability.
Without prejudice to any rights or compensation under any other law, such damages must be intentional or caused by gross negligence, the mismanagement of waste, or the non-compliance with this Law or the Regulations.
A service provider operating a waste management facility shall, upon obtaining a license, provide a financial guarantee or insurance that covers his liability for damages relating to civil liability, as specified in the Regulations.
- The waste producer and service provider shall bear the civil and criminal liability for any damage or hazard to the environment or to public health and safety as determined by relevant statutory provisions, as well as the responsibility for the treatment and removal of any damage or hazard to the environment or to third parties, resulting from the management of waste and the by-products generated therefrom.
- Waste must be transported in a manner that does not pollute the environment. In the event of pollution resulting from the transportation of waste, the carrier shall be responsible for cleaning operations and restoring the environment to its original condition, and shall be liable for any damages resulting therefrom.
- A person who deposits or temporarily deposits waste with an unlicensed person shall be jointly and severally liable with the unlicensed person for any damages resulting from such waste.
Without prejudice to relevant statutory provisions, the Center shall, based on objective and fair principles, determine the amount of liability to be borne by the service provider or waste producer for the damages resulting from their waste management activities and shall take the legal procedures necessary for the approval of the same by the Minister, in accordance with the Regulations.
- Without prejudice to Article 30 of this Law, inspectors, to be appointed pursuant to a decision by the Minister, shall collectively or individually detect, establish, and investigate violations of the provisions of this Law and the Regulations. The Regulations shall determine their work procedures.
- An inspector may:
A- collect, if necessary, samples of materials and items at the facility suspected of violating any of the provisions of this Law and the Regulations, provided that the inspector prepares a report of the incident that includes all the data necessary to examine the samples as well as the materials and items such samples are collected from, and that a copy of the records and data of the facility subject of the inspection is maintained, in accordance with the Regulations; and
B- seize, at the expense of the violator if the violation is established, the vehicles and tools that are used, or suspected of being used, in committing the violation, and hand over the seized items to the competent agency, provided that the matter is brought before the competent court within a period not exceeding seven days to uphold or cancel the seizure, as specified in the Regulations. - An inspector may not be prevented or hindered from performing his inspection and detection duties. The inspector shall present his credentials when performing his duties.
- The Minister may outsource certain inspection tasks and the detection of violations of an administrative nature to specialized and qualified companies, in accordance with the controls and standards specified in the Regulations.
Without prejudice to any harsher penalty stipulated in any other law, any person who stores, incinerates, treats, dumps in water, or disposes of waste in a manner that poses a risk to public health or harms the environment shall be subject to imprisonment for a term not exceeding 10 years and a fine not exceeding 30 million riyals, or to either penalty.
The Public Prosecution shall investigate and prosecute before the competent court the violations referred to in Article 29 of this Law.
The competent court shall consider the violations referred to in Article 29 of this Law, and may:
- impose the penalties stipulated in Article 29 of this Law;
- issue a judgment to confiscate the items subject of the violation;
- impose a fine not exceeding 10% of the amount of the fine provided for in Article 29 for each day the violation continues, provided that said fine is calculated from the date specified by the judgment;
- double the fine imposed on the violator in case of a repeat violation. A person shall be deemed a repeat violator if he repeats the violation within three years from the date the judgment becomes final; and
- include in the penalty decision a provision to publish its summary at the expense of the violator in a local newspaper published in the area of his residence or, if none is available, in the nearest area, or through any other appropriate medium, based on the type, gravity, and effect of the violation, provided that the summary is published after the judgment becomes final.
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Without prejudice to any harsher penalty stipulated in any other law, any person who violates the provisions of this Law and the Regulations, and the terms and conditions of the license and permit, excluding the violations referred to in Article 29, shall be subject to one or more of the following penalties:
A- A fine not exceeding 10 million riyals.
B- Suspension of the license or permit for a period not exceeding six months.
C-Cancelation of the license or permit.
The penalty shall be doubled in case of a repeat violation. A person shall be deemed a repeat violator if he repeats the violation within three years from the date the decision becomes unappealable due to the lapse of the statutory appeal period, or from the date the judgment becomes final. - The Minister shall, pursuant to a decision issued thereby, issue a classification table for violations other than the violations referred to in Article 29 of this Law, and shall determine the corresponding penalties within the limits stipulated in this Article, taking into account the nature and gravity of each violation as well as the aggravating and mitigating circumstances thereof. The Center shall have the power to impose fines not exceeding one hundred thousand riyals in accordance with said classification table.
- A committee, or more, formed pursuant to a decision by the Minister for a renewable term of three years and comprising at least three members, shall consider violations of the provisions of this Law and the Regulations, excluding the violations referred to in Article 29, and impose the penalties stipulated in Article 32 of this Law. The formation decision of the committee shall name its chairman, who shall be a specialist in Sharia or law. Committee decisions shall be passed by majority vote and shall be reasoned and approved by the Minister.
- The Regulations shall determine the committee's work rules and procedures and the remuneration of its members.
- Committee decisions may be appealed before the competent court within 60 days from the date of notification thereof.
In addition to imposing the penalties provided for in Article 32, the committee referred to in Article 33 of this Law may:
- impose a fine not exceeding 10% of the amount of the fine stipulated in Article 32(1) of this Law for each day the violation continues, provided that said fine is calculated from the date specified in the decision; and
- include in the penalty decision a provision to publish its summary at the expense of the violator in a local newspaper published in the area of his residence or, if none is available, in the nearest area, or through any other appropriate medium based on the type, gravity, and effect of the violation, provided that the summary is published after the decision becomes unappealable due to the lapse of the statutory appeal period.
The violator shall remedy the violation, carry out rehabilitation, and compensate for the damages resulting from the violation, as specified in the Regulations.
The Minister shall issue the Regulations in coordination with the Minister of Municipal and Rural Affairs and Housing and the Minister of Health within 60 days from the date this Law is published in the Official Gazette.
This Law shall supersede the Law of Municipal Solid Waste Management issued by Royal Decree No.(M/48) dated 17/9/1434H.
This Law shall enter into force 60 days from the date of its publication in the Official Gazette.
يقصد بالألفاظ والعبارات الآتية -أينما وردت في هذا النظام- المعاني المبينة أمام كل منها، ما لم يقتضِ السياق غير ذلك:
يقصد بالألفاظ والعبارات الآتية -أينما وردت في هذا النظام- المعاني المبينة أمام كل منها، ما لم يقتضِ السياق غير ذلك:
يقصد بالألفاظ والعبارات الآتية -أينما وردت في هذا النظام- المعاني المبينة أمام كل منها، ما لم يقتضِ السياق غير ذلك:
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