Two legal professionals deemed punishment "insufficient"
Demands to tighten environmental law to stop oil spill accidents
Oil stains on a beach. Emirates today
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The beaches and coasts of the eastern region of the country were exposed to environmental pollution more than once during the first half of this year, as a result of the leakage of quantities of oil from ships into the water, leaving behind great environmental losses, and two legal experts believed that the recurrence of this type of environmental crimes confirms that the penalties they contain Environmental laws are insufficient, or lack deterrence, considering that the solution is to tighten penalties to prevent the oil spill from occurring.
Two fishermen also stressed the need to enact laws that prevent ships from continuing to commit this type of abuse, which causes the fishing movement to stop, and consequently the price of fish in the market increases.
UAE federal law prohibits the deliberate disposal of pollutants or wastes discarded from ships or aircraft, or any other means in the marine environment, and violators are punished with imprisonment for a period of no less than six months and not exceeding a year, and a fine of not less than two thousand dirhams and not more than 10 thousand dirhams Or one of the two penalties.
In detail, the legal advisor and attorney, Amna Abdullah Al-Zaabi, stressed the need to establish new rules for international liability that are compatible with the nature of the damage resulting from the activities of shipping vessels "which leave many symptoms of water pollution, which causes the waste of fish wealth."
She explained that the law promulgated in 1999, which provides for the punishment of those responsible for polluting the marine environment, with imprisonment for a period of no less than six months and not more than a year, and a fine of not less than two thousand dirhams and not more than 10 thousand dirhams, or one of the two penalties, needs amendments to include a limit Excesses harmful to the environment.
She explained that «the amendments must affect all illegal activity, or unhealthy use that leads to pollution of sea water, including dumping of waste and trash in it, and not stop at the responsibility of the captain of the ship alone. The penalties must include every violation that results in environmental pollution, and double whether the offender is a legal person, such as institutions, companies and ships, or a legal person such as beach goers.
She said that "preserving the waterfront of any emirate makes it a tourist center distinguished by its services and cleanliness," noting that "the responsibility to preserve the sea or the beach is a national duty for every citizen and resident."
Lawyer and legal advisor, Hamid Darwish, called for a binding law for the sailors and the captain of the ship to ensure the protection of the environment, adding that "damage resulting from environmental pollution falls within the scope of the rules of private law."
He added that "the international conventions on civil liability were not exposed to international liability, but were exposed to civil liability, and this falls within the scope of domestic law, and the internal courts are competent."
He stressed that the fines imposed on those responsible for marine pollution are "very small" compared to the damage they caused to the marine environment.
He added that the Environmental Protection and Development Law stipulates that the captain or responsible for the marine means is obligated to take adequate measures to protect against the effects of pollution in the event of an accident occurring to one of the means that carries oil, resulting in or feared pollution to the marine environment of the state. In the event of a collision accident with oil tankers, marine means, installations, or carriers of hazardous materials, whether it was a deliberate act by the person in charge of the marine craft or as a result of a mistake or negligence from him, or one of his subordinates, the captain is the person responsible for the operations to stop the leak, as for the owner The carrier will be jointly responsible for paying the costs of damages, compensation, and combating spills in the marine environment, coasts and beaches.
In addition, the head of the Environment and Natural Reserves Authority in Sharjah, Hana Saif Al Suwaidi, confirmed that the oil spills that affected the coasts of the eastern region during the past period had negative effects on the environment and the various living marine organisms, which means that making efforts to address them is a very important issue. , Which is what the Authority does in such cases with its partners.
Al-Suwaidi also confirmed the violation of ships and vessels causing this type of accidents, and raising awareness levels for ship crews of the extent of the damage caused by the oil spill in the seas and oceans.
The oil slick results from the release of petroleum hydrocarbon liquids into the sea, which means that it is a form of environmental pollution, and it may consist of a variety of materials (such as crude oil, refined petroleum products, gasoline and diesel), which requires immediate intervention by the competent authorities and bodies to get rid of them. And cleaning up the place and the environment in general.
She said: “The Environment and Natural Reserves Authority in Sharjah, as the competent environmental authority in the emirate, seeks to protect the environment, natural reserves, wildlife and their biodiversity through conducting scientific studies and research, laying down legal and administrative foundations for pollution control, in addition to setting appropriate policies for environmental awareness by publishing Educational publications, implementing programs and launching specialized campaigns in the environmental field, supporting the principle of sustainable development to preserve natural environmental resources, ensuring their exploitation for the benefit of the new generation without wasting the right of future generations, in addition to its endeavor to be the main source and reference in Sharjah for environmental information and wildlife.
On the other hand, the two municipalities of the Eastern Region affirmed that the degree, level and type of pollution is not constant at all times, as temperatures and wave movements control its reduction or increase in its spread, indicating that the oil slicks extend in some polluted areas to nearly a nautical mile, and most of the materials The polluted material consists of diesel, which calls for tightening control over ships and oil tankers as they pass through the country's territorial waters, to ensure their compliance with environmental standards, and the proper disposal of their oil waste.
The director of Kalba municipality, Eng. Abdul Rahman Al-Naqbi, stated that his administration received during the past month a report stating that there is oil pollution in the sea water and the beach in the area extending between Khor Kalba and Al-Bhais area, resulting from violations of oil tankers in international waters that are washed away by the marine currents of the regional waters, stressing that Pollution impeded fishermen from practicing their profession.
He explained that the specialized labor teams in the municipality spread over the area that was exposed to pollution, and carried out extensive cleaning operations for it from oil stains, in cooperation with the relevant agencies of the Environment and Natural Reserves Authority in Sharjah and the Bee'ah Company.
On the other hand, the fisherman, Saeed Muhammad, from the city of Kalba, demanded that laws be put in place to limit behaviors that result in severe damage in the long run, especially since pollution of the sea by oil and oil stains may lead to several disasters, including what can be observed, restricted and controlled within days of its occurrence. And some of them cannot be counted and controlled, because its dangerous effects do not appear until years later.
Fisherman Abdullah Al-Dhanhani, from the Emirate of Fujairah, stressed the need for strict measures to stop such abuses that hinder local efforts to protect marine coasts, and to develop marine reserves that will certainly be affected by the existing pollution.
He pointed out that the oil slicks contribute to stopping the fishing movement for days due to their spread, which causes high fish prices in the selling markets, not to mention the exposure of more than 300 fishing boats to damage, in addition to the various fishing equipment, such as fishing nets, nets and caravans that are polluted with petroleum stains that are difficult to remove. Of which.
Last June, the pollution of the Zubara and the Pearl Beaches in the city of Khorfakkan was recorded, after oil spills appeared on the coasts of the two adjacent areas of the city.
Last month, the beaches in the city of Kalba were exposed to oil pollution, which led to the accumulation of oil slicks from Khor Kalba to the Al-Bahais area, a distance of approximately three kilometers, and the pollution caused the fishing operations to stop completely.
The Fujairah Court recently ruled to fine a ship Rabani of five thousand dirhams for causing pollution of the waters of the Kalba and Fujairah beaches, while reserving the ships until the injured party in the state is compensated for the damages amounting to 14 million dirhams.
The details of the case are due to the flow of large quantities of diesel into the sea water, following the collision of two commercial ships in the waters of the Emirate of Fujairah, which led to pollution of the sea and the spread of pollution to the shores of Kalba and Fujairah, causing severe damage.
The captain of one of the ships said that the reason for colliding with the other ship was that the vision was not clear due to the lack of sufficient lighting.
He acknowledged that he had not taken sufficient measures to prevent pollution.
The oil spills from the ships extended in some areas to nearly a nautical mile.
"Preserving the waterfront of any emirate, making it a tourist center distinguished by its services and cleanliness."
"UAE federal law prohibits the deliberate disposal of pollutants or waste dumped from ships, aircraft, or any other means in the marine environment."
Marine reserves
The Ministry of Climate Change and Environment has stated that dumping waste into the sea raises real environmental concerns, as it poses a threat to the marine ecosystem in the region.
She said that it is working in cooperation with its partners in the government and private sectors to impart greater protection to the marine and coastal environment, including issuing and implementing legislation and regulations to protect it from pollution, regulating activities established in the marine environment, and establishing marine protected areas to preserve and develop biological diversity.
The UAE has put in place laws that prohibit oil tankers operating in the region from dumping waste and oil impurities into the water.