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What happens if NCEC sends back or rejects my EIA?

The decisions NCEC can take on an EIA, how resubmissions are reviewed, what happens when a Category 2 study is moved to Category 3, and how to object.

NCEC rules. 4 min read.

Short answer

NCEC can approve an EIA, ask you to rectify or complete it, or, for a Category 2 study, require a Category 3 EIA instead. A corrected Category 2 study is reviewed again within 30 working days and a modified Category 3 study within 60 working days. NCEC may reject a study or cancel an approval if the project was segmented, and it may refuse a Permit to Establish with reasons. You can object in writing within 15 working days of notification, and NCEC decides within 30 working days.

Key terms used in this guide 11 terms
Category 1 activities
Activities expected to produce low environmental impact that does not exceed the perimeter of the activity's site. Arabic: أنشطة الفئة الأولى (meaning “activities of the first category”) Permits reg. Art. 4(4), First
Category 2 activities
Activities expected to produce moderate environmental impact throughout the different stages of the activity. The impact may be alleviated and controlled, and does not largely exceed the perimeter of the activity's site. Arabic: أنشطة الفئة الثانية (meaning “activities of the second category”) Permits reg. Art. 4(4), Second
Category 3 activities
Activities expected to produce significant environmental, social and economic impact, which may exceed the perimeter of the activity's site and adversely affect the sustainability of environmentally sensitive areas and receptors. Arabic: أنشطة الفئة الثالثة (meaning “activities of the third category”) Permits reg. Art. 4(4), Third
Environmental impact assessment (EIA) study
Study aimed at determining, estimating and evaluating the environmental impact of any activity classified by the Center as category 2 or 3, with the objective of incorporating environmental considerations into the final design of the activity, along with economic, social and security considerations, and identifying the necessary alternatives and measures to protect the environment. Arabic: دراسة تقييم الأثر البيئي (meaning “study of the assessment of the environmental impact”) Permits reg. Art. 1
Environmental permit (general)
Document issued by the Center to a person before undertaking an activity. Arabic: التصريح (meaning “the permit (authorisation)”) Permits reg. Art. 1
Environmental permit to establish
Document issued by the Center to a person granting him the permission to initiate the establishment of an activity following the completion of its classification and environmental impact assessment, and the prescription of environmental requirements and conditions to comply with during establishment. Arabic: التصريح البيئي للإنشاء (meaning “the environmental permit for construction (establishment)”) Permits reg. Art. 1
Environmental rehabilitation
Any procedure conducted on an environmentally degraded site or one that is affected by environmental damage or pollution, to restore its natural state of environmental balance, in accordance with the standards set by the competent authority. Arabic: إعادة التأهيل البيئي (meaning “environmental re-qualification (restoring to a fit state)”) Rehab reg. Art. 1
Modification of an activity
Any action that modifies the designs of the activity without changing the type of activity (translated from the Arabic guide). Arabic: تعديل نشاط (meaning “modification of an activity”) Permit guide, definitions
Rehabilitation plan
Plan that must be submitted to NCEC for certain Category 1 activities designated at classification, as part of a Category 2 or 3 EIA, whenever an incident requires rehabilitation of the damaged site, or on NCEC request after inspections or audits. Arabic: خطة إعادة التأهيل البيئي للمواقع المتدهورة (meaning “plan for the environmental rehabilitation of degraded sites”) Rehab reg. Art. 5, First (1)
Scoping report
Report detailing the scope of work of the environmental impact assessment of category 3 activities. Arabic: تقرير نطاق دراسة تقييم الأثر البيئي (meaning “report of the scope of the environmental impact assessment study”) Permits reg. Art. 1
Service provider
A person licensed by the competent authority to provide environmental services. The Audit regulation uses the singular مقدم الخدمة (meaning the service provider) for a person licensed by the Center. Arabic: مقدمو الخدمات (meaning “the service providers (those who provide the services)”) SP reg. (1446H) Art. 1 and Audit reg. (1446H) Art. 1

All 49 terms in the NCEC glossary

On this page
  1. What decisions can NCEC make on an EIA?
  2. How long does a resubmission take to review?
  3. What if my Category 2 study is moved to Category 3?
  4. Why do studies get sent back or rejected?
  5. Can NCEC ask for a presentation?
  6. How do I object?
  7. Are fees refunded?
  8. What can go wrong?

What decisions can NCEC make on an EIA?

The permits regulation lists the possible outcomes of each review:

  • Scoping report: approval, or comments within the review period.Permits reg. Art. 8 First (2)
  • Category 2 EIA: approval, a request to rectify or complete information, or a request to develop a Category 3 EIA.Permits reg. Art. 7(4)
  • Category 3 EIA: approval, or a request to rectify or complete information.Permits reg. Art. 8 Second (2)
  • Permit to Establish: NCEC may refuse to issue it, provided the refusal is justified.Permits reg. Art. 6 Second (10)

NCEC bases its decision on what is presented in the EIA. Approval of the EIA is not an absolute approval to build and operate, as other agencies' permits are still required.Permit guide, section 1(d) and (g)

How long does a resubmission take to review?

Each resubmission starts a new review period:

  • A corrected Category 2 EIA gets a final decision within 30 working days of receipt of all required information or the amended study.Permits reg. Art. 7(4)(b)
  • A modified Category 3 EIA gets a final decision within 60 working days of the modified study.Permits reg. Art. 8 Second (2)(b)
  • A revised rehabilitation plan for a designated Category 1 activity is reviewed within 5 working days.Rehab reg. Appendix 1

For both EIA categories, the decision after corrections is described as NCEC's final decision.Permits reg. Art. 7(4)(b) and Art. 8 Second (2)(b)

What if my Category 2 study is moved to Category 3?

NCEC may request a Category 3 EIA instead of approving a Category 2 study. It takes into account the time already used for the Category 2 review and the difference in fees.Permits reg. Art. 7(4)(c)

A Category 3 EIA has two parts, a scoping report and the full study, each prepared through a licensed service provider.Permits reg. Art. 8, First (1) and Second (1)

The fees regulation caps Category 2 EIA review at 10,000 riyals per study. Category 3 review is capped between 13,000 and 275,000 riyals, depending on total establishment capital cost.Fees reg. Appendix 1, items 3 and 4

When NCEC asks for a Category 3 study instead, it takes into account the time already spent reviewing the Category 2 study and the difference in fees. The permit guide adds that NCEC may change a category based on the submitted EIA and ask for the requirements of the new category.Permits reg. Art. 7(4)(c) and Permit guide, section 5(f)

Why do studies get sent back or rejected?

The sources name these grounds and checks:

  • Segmentation of the activity into stages that prevents proper classification, which allows NCEC to reject the study or cancel an earlier approval.Permits reg. Art. 9(2)
  • A missing undertaking from the licensed provider on the correctness of all data, or missing provider licence and staff details.EIA guide, p. 13
  • A site description that does not cover a radius of at least 500 metres.EIA guide, p. 19
  • Modelling results without printed copies of software inputs and outputs.EIA guide, p. 26
  • Mitigation measures without proposed costs.EIA guide, p. 29
  • A Category 3 EIA without the table of NCEC scoping comments and responses.Permits reg. Art. 8, Appendix 4, item 9-6

A rehabilitation plan can also be rejected, provided the rejection is justified. In that case you must submit a new plan.Rehab reg. Appendix 1

Can NCEC ask for a presentation?

NCEC may convene the applicant to present the submitted EIA. The NCEC EIA guide repeats this power in its technical controls.Permits reg. Art. 9(3) and EIA guide, p. 12

Prepare the study team

Bring the people who wrote each chapter, and have the modelling files, field data and responses to comments ready to show.

How do I object?

You may object in writing to NCEC's decisions on environmental permits within 15 working days of notification. Objections received after that period are not accepted.Permits reg. Art. 10(1)

NCEC decides on the objection within 30 working days of receiving it.Permits reg. Art. 10(2)

The permits regulation does not describe a further appeal step after that decision. Penalty decisions follow a different route, covered in the related post on objections.

Are fees refunded?

Fees are not refunded if the Permit to Establish expires, and new fees are charged for a new application.Permits reg. Art. 9(5)

The sources do not address refunds when a study is rejected. When a Category 2 study is moved to Category 3, NCEC takes the fee difference into account.Permits reg. Art. 7(4)(c)

What can go wrong?

A returned study is a delay. These issues can turn it into a bigger problem.

What can go wrong
  • Missing the objection deadline closes the objection route.Permits reg. Art. 10(1)
  • Incorrect information in a study can lead to a fine of 1,000 to 100,000 riyals and referral to the public prosecution.Permits reg. Art. 11, Table 2 (2024), item 1
  • Impacts not stated in the study, or based on incorrect information, remain your responsibility.Permits reg. Art. 9(7)
  • An approval can be cancelled later if segmentation is found, even where parts already hold a Permit to Establish.Permits reg. Art. 9(2)
  • The consultant and the owner share responsibility for disclosing environmental risks in the EIA.Permit guide, section 1(f)
  • Reusing an old study is risky. NCEC may accept EIAs prepared no more than 5 years before the permit guide was issued, except studies already submitted to NCEC.Permit guide, section 1(b)
Has NCEC returned your EIA with comments?

Hills & Field reviews NCEC comments, revises the study and prepares the response table so the resubmission addresses every point.

Our service: Classification and permit to establish

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References

Each small number in this guide shows the article or section that point comes from. Hover over or tap a number to see it, or open the full list below.

Show all 27 references and the 5 regulation texts
  1. Permits reg. Art. 8 First (2)
  2. Permits reg. Art. 7(4)
  3. Permits reg. Art. 8 Second (2)
  4. Permits reg. Art. 6 Second (10)
  5. Permit guide, section 1(d) and (g)
  6. Permits reg. Art. 7(4)(b)
  7. Permits reg. Art. 8 Second (2)(b)
  8. Rehab reg. Appendix 1
  9. Permits reg. Art. 7(4)(b) and Art. 8 Second (2)(b)
  10. Permits reg. Art. 7(4)(c)
  11. Permits reg. Art. 8, First (1) and Second (1)
  12. Fees reg. Appendix 1, items 3 and 4
  13. Permits reg. Art. 7(4)(c) and Permit guide, section 5(f)
  14. Permits reg. Art. 9(2)
  15. EIA guide, p. 13
  16. EIA guide, p. 19
  17. EIA guide, p. 26
  18. EIA guide, p. 29
  19. Permits reg. Art. 8, Appendix 4, item 9-6
  20. Permits reg. Art. 9(3) and EIA guide, p. 12
  21. Permits reg. Art. 10(1)
  22. Permits reg. Art. 10(2)
  23. Permits reg. Art. 9(5)
  24. Permits reg. Art. 11, Table 2 (2024), item 1
  25. Permits reg. Art. 9(7)
  26. Permit guide, section 1(f)
  27. Permit guide, section 1(b)
How to read these references 5 texts cited
  • Art. 7(4)(b) means Article 7, paragraph 4, item (b).
  • First, Second and Third are the numbered parts some articles are divided into. The Arabic texts write them أولاً، ثانياً، ثالثاً (meaning first, second, third).

Every text we cite is listed on our regulations page.

Regulation texts this guide is written from

  • Executive Regulations for Environmental Permits to Establish and Operate Activities
  • A guide to issuing and renewing environmental permits for the construction and operation of activities (NCEC, LO-1-M-005)
  • Environmental Guidelines for Procedures in Preparing Environmental Impact Assessment Studies (NCEC, EP-M-43)
  • Executive Regulation for Controls and Procedures Pertaining to Financial Dues for Environmental Licenses, Permits and Services
  • Executive Regulations for the Environmental Rehabilitation of Degraded Sites and Remediation of Polluted Sites

This guide is general information written from the regulation texts listed above. It is not legal advice. Regulations change, and the official text always prevails. Spotted something out of date? Request a change.