غربٌ

 

Law 48 for the year 1982

Regarding the Protection of the Nile River

and Waterways from Pollution

The People's Assembly has adopted the following legislation and we have issued it as follows:

Article 1

In the application of the provisions of this law, the following are considered waterways:

 A) The freshwater bodies which include :

1. The Nile River , its tributaries and Akhwars.

2. Raiyahat, the canals with all its ranks and Gannabeyat.

B) The saline water bodies which include:

1. Drains with all its ranks.

2. Lakes.

3. Pools, enclosed water entities and Saiahats.

C) Groundwater Reservoirs :

Article 2

It is prohibited to discharge or cast the solid, liquid or gas wastes discarded from real estate, shops, commercial, industrial and touristic facilities, or from sewage process in the waterways, either along the banks or over the surface unless after receiving license from the Ministry of Irrigation according to the regulations and standards stated in a resolution issued by the Minister of Irrigation based on a proposal by the Minister of Health. The license issued in this respect should include identification of the standards and specifications of each case separately.

Both the Ministry of Irrigation and the licensee shall be informed with the result of the analysis. If the liquid wastes discharged in the waterways are violative of the standards and specifications stipulated in the license and do not constitute an instant danger, the licensee must within three months after being notified adopt a means of treating the wastes in order to be correspondent to the set specifications and standards. The process of treatment and testing should be performed during this period.

If the treatment is not finished by the end of the three-month period or is proved incompetent, the Ministry of Irrigation shall withdraw the given license and stop the discharge in the waterways in the administrative way.

If the result of the analysis shows that it violates the specifications and the standards specified in accordance with the provisions of this law in a way that shall constitute an instant danger to the pollution of the waterways, the licensee shall be notified to remove the causes of the damage immediately. Otherwise the Ministry of Irrigation shall undertake that task at the licensee's expenses or shall withdraw the granted license and stop the discharge done in the waterways in the administrative way.

Article 4

It shall not be allowed to give permission to establish any facilities that would produce wastes disposed into the waterways.

However, the Ministry of Irrigation excluding any other authority may - if necessary and for the common good – give license to establish these facilities if the authorities using such facilities committed themselves to provide treatment units for these wastes in conformity with the specifications and standards set according to the provisions of this law. The operation of the treatment units should start upon the use of the facilities. The provisions of article 3 of this law shall apply to these facilities.

The existing facilities are to be given a one-year time limit starting from the date of putting this law into effect to provide a means for treating its wastes, otherwise the license shall be withdrawn. In such case the Ministry of Irrigation may take the measures necessary for stopping the discharge in the waterways in the administrative way without breaching the sanctions stated in this law.     

Article 5

The owners of the residential, tourist and other facilities floating in the Nile stream and its branches shall be committed to find a means for treating its wastes or combining them in certain places, draining and casting them in the sewage units. Draining any of its wastes in the Nile or the waterways shall not be allowed.

 The irrigation engineers assigned with the application of this law, each in his area of jurisdiction, shall undertake the periodic inspection over these floating facilities. If it turns out that they violate the provisions of this article, the owner of the floating facility shall be given a time limit extending for three months to employ a means for treatment and removal of the causes of the damage. If this is not done by the end of the specified time, the license of the floating facility shall be cancelled.

Article 6

The Ministry of Irrigation shall be responsible for issuing the licenses for establishing new floating facilities and renewing the licenses of the existing floating facilities, as well as authorizing the establishment of any facilities that would produce wastes to be discharged into the waterways.

Article 7

The movable river units used for transportation, tourism or any other purpose are prohibited to allow the leaking of the fuel used for its operation in the waterways.

 The provisions of article 5 of this law shall apply to those units. 

Article 8

The Sanitation Utility shall undertake the task of setting more than one model for units for processing the liquid or adhesive wastes produced by factories, houses, other institutions, floating facilities and river units in a way that would conform to the specifications and standards set according to the provisions of this law.

Article 9

The license pursuer shall be committed to submit evidence for providing a unit for processing the wastes as well as a certificate from the Sanitation Utility proving the examination of the processing unit and its competency.   

Article 10

Upon choosing and using types of chemicals for controlling the plant diseases, the Ministry of Agriculture should maintain that they would not pollute waterways through what is leaked from these chemicals either in a direct way through the process of sprinkling or mixed with the agricultural drainage water or through washing the instruments and equipment used for sprinkling or the containers of pesticides in waterways according to the standards agreed upon among the ministries of Agriculture, Irrigation and Health.  

Article 11

Upon choosing types of chemicals used for controlling the water weeds, the Ministry of Irrigation should maintain that they would not result in polluting waterways, and should in all cases take the necessary precautions before, during and after the processing is done using chemicals, in order to prevent the use of processed water of the waterway until they are certain of the cessation of the effects of these substances on water quality and its usability for all purposes.

Article 12

Reuse of Drains water shall not be allowed either directly or by mixing with fresh water for any purpose unless it is proven usable for that purpose. The Ministry of Irrigation , after consulting the Ministry of Health, shall take the actions necessary for processing the drains water that is to be used.  

Article 13

The Nile Water Police Department shall supervise inspection patrols continuing along waterways and assist the competent authorities in controlling the wastes, eliminating the causes of pollution and reporting any violations to the provisions of this law.  

Article 14

A special fund shall be instituted to comprise the revenues of charges, fines and costs resultant from the application of the provisions of this law. The money of that fund would be spent on the following cases :

- The costs of the administrative elimination of the violations.

 - Monetary aids to the authorities that establish stations for processing the wastes    before drainage.

 - Conducting laboratory research and studies.

- Rewards for the officials who report and detect crimes violating the provisions of the   law.

Article 15

The Executive regulations for this law shall specify the charges that are due in implementation of the provisions of this law in a way that would not exceed the maximal limits stated in the enclosed table. The regulations shall also determine the expenses that are due in application of the provisions of this law and which may be collected via administrative confiscation.

Article 16

Without prejudice to the provisions stated in the Penal Code, the punishment stated for violation of the provisions of articles 2, 3, 4, 5, 7 of this law shall be imprisonment for a period not exceeding one year in addition to a fine that shall not be less than five hundred pounds and shall not exceed two thousand pounds or one of these two penalties. If the violation reoccurs, the penalty shall be duplicated. The violator should eliminate or amend the violations at the date set by the Ministry of Irrigation. Unless the violator undertakes the elimination or the amendment of the violation at the specified date, the Ministry of Irrigation shall take the measures needed for the elimination or amendment by the administrative way and at the expense of the violator without breaching the right of the ministry to nullify the license.  

Article 17

The Minister of Irrigation shall issue the executive regulations of this law after consulting the other ministries concerned in three months from the date of issuing.

Article 18

Irrigation engineers , for whom a resolution is issued by the Minister of Justice in agreement with the Minister of Irrigation, shall be designated as investigation officers in relation to the crimes stipulated in this legislation and which occur within their areas of jurisdiction.

Article 19

This legislation is to be published in the official newspapers, and is to be in force within three months after the date of publication.

This legislation shall be stamped with the State Seal, and is to be implemented as one of its laws.

 Issued at the Presidency on 21 June 1982.