Do we need an environmental emergency preparedness and response plan?

Short answer

You need a plan when you prepare an EIA, when you prepare an environmental audit study, or when NCEC asks for one after an inspection, periodic follow-up or classing your site as a sensitive facility. NCEC decides on a complete plan within 30 working days, and you can object to a rejection within 10 working days. You must self-audit your readiness at least once a year and send the report within 30 days, notify NCEC immediately of any environmental incident, and submit a corrective action plan within 30 working days after an emergency ends. All 14 violations in the regulation's penalty table are classed as serious, with fines of up to 5,000,000 riyals for failing to contain a leak.

Key terms used in this guide 15 terms

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
Closure of an activity: Complete closure or removal of an activity (translated from the Arabic guide). Arabic: إغلاق نشاط (meaning “closure of an activity”) Permit guide, definitions
Compensation: Monetary amount paid by the person who causes the damage, pollution or environmental degradation, to compensate for or eliminate the resulting deterioration. It includes rehabilitation expenses if the person causing the damage did not carry out the rehabilitation. Arabic: التعويضات (meaning “the compensations”) Aqueous reg. Art. 1
Environmental audit study: The study that Category 2 and 3 activities, and any activity NCEC names in a reasoned decision, submit with the renewal of the permit to operate. It is prepared by an NCEC licensed provider using the structure in Appendix 1 of the Audit regulation. The 1446H regulation no longer defines the term. Arabic: دراسة التدقيق البيئي (meaning “environmental audit study”) Audit reg. (1446H) Art. 5 and Appendix 1
Environmental emergency: An environmental incident that poses an immediate danger causing or threatening serious environmental damage, a threat to people, or destruction of ecosystems or wildlife habitats, and that needs urgent intervention to stop it becoming a disaster. The Audit regulation (1446H) uses a shorter definition: any operational incident within an activity or facility that threatens environmental habitats or harms the environment. Arabic: الطوارئ البيئية (meaning “environmental emergencies”) Emergency reg. Art. 1, Audit reg. (1446H) Art. 1
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 incident: An event caused by natural or operational factors within an activity, facility or marine vessel that has caused or may cause damage resulting in a spill or leak of harmful substances into the environment. Any incident, whatever its size or type, must be reported to NCEC immediately. Arabic: الحادثة البيئية (meaning “the environmental incident”) Emergency reg. Art. 1 and Art. 6(2)
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 operate: A document issued by the Center to a person granting him the permission to operate the activity. Arabic: التصريح البيئي للتشغيل (meaning “the environmental permit for operation”) 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
Environmentally sensitive areas: Areas with environmental significance whose degradation has negative repercussions for the environment. They include protected areas, parks, forests, wetlands, significant bird habitat, mangroves, landscaped sites, watersheds, water catchment and run-off areas, beaches, waterways, aquifers or any other area identified or declared as environmentally sensitive by the State, the Ministry or the national environmental centers. Arabic: المناطق الحساسة بيئياً (meaning “areas sensitive environmentally”) Permits reg. Art. 1
Self plan (emergency preparedness and response): Measures to manage an activity's or facility's internal environmental emergencies. They cover preparedness for the environmental risks that threaten it and the steps after an emergency or disaster, including rehabilitation of the affected areas. Arabic: الخطط الذاتية (meaning “the self plans (own plans)”) Emergency reg. Art. 1
Sensitive receptors: Receptors that are likely to be severely affected by activity or project due to their geographical proximity or sensitive nature. They include environmental elements, living species, archeological, cultural and religious sites, and community groups (such as endangered species, hospitals, elder care centers, schools, residential complexes, and others). Arabic: المستقبلات الحساسة (meaning “the sensitive receivers”) 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

Which rule applies and who must prepare a plan?
What must the plan contain?
How does NCEC review the plan, and can you object?
What are your duties once the plan is approved?
What must you do when an incident happens and afterwards?
What are the fines?
Where does the NCEC guideline differ from the regulation?
What can go wrong?

Which rule applies and who must prepare a plan?

The rules come from the Executive Regulation on the controls for preparing and implementing preparedness and response plans for environmental emergencies and disasters. The Minister of Environment, Water and Agriculture approved it by Decision 5169012 dated 7/6/1445H under Article 48 of the Environmental Law.^{Decision 5169012 (1445H)}

The decision says it takes effect from its own date, but it was published in the Umm Al-Qura gazette on 19 January 2024. It also cancels earlier decisions that conflict with it.^{Decision 5169012 (1445H)}

The regulation applies to all persons, including marine vessels, within the Kingdom. This covers internal waters, the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf.^{Emergency reg. Art. 2}

Article 4 requires you to prepare, update and submit a self plan for preparedness and response to potential environmental emergencies and disasters to NCEC for approval in three cases:^{Emergency reg. Art. 4, First (1)}

When you prepare and submit an environmental impact assessment study. The plan becomes part of the study and NCEC reviews it as part of the EIA.^{Emergency reg. Art. 4, First (1)(a), (3)}
When you prepare and submit an environmental audit study. The plan becomes part of that study.^{Emergency reg. Art. 4, First (1)(b)}
When NCEC asks for it based on inspection results, periodic follow-up, or classing the activity as a sensitive facility. The regulation gives power plants, desalination plants and oil supply and loading platforms as examples.^{Emergency reg. Art. 4, First (1)(c)}

In practice, the EIA case covers Category 2 and Category 3 projects. The NCEC guideline says both categories must prepare an EIA.^{Emergency plan guideline, p. 6}

The audit study case covers Category 2 and 3 activities when they renew their environmental permit to operate, and any activity NCEC selects by a reasoned decision.^{Audit reg. (1446H) Art. 5, First (a), (b)}

When NCEC asks you to prepare or update a plan, it sets a deadline of up to 30 working days from its notice. NCEC may extend this by up to 30 more working days.^{Emergency reg. Art. 4, Second (1)}

What must the plan contain?

The regulation requires you to follow NCEC's controls, requirements and templates for preparing plans. It also fixes some content:^{Emergency reg. Art. 4, First (2)}

Programmes for periodic maintenance of the equipment, devices and supplies approved in the plan.^{Emergency reg. Art. 4, First (9)}
The required information on any chemicals, such as dispersants, that the plan relies on.^{Emergency reg. Art. 4, First (6)}

NCEC's guideline EP-M-45-V01 gives a standard structure of four chapters plus annexes:^{Emergency plan guideline, p. 15}

Chapter 1, planning: site and activity description, risk analysis, preventive measures and evacuation routes.^{Emergency plan guideline, p. 15}
Chapter 2, response plan: emergency procedures, alarms and internal communications, notifying the authorities and incident reporting.^{Emergency plan guideline, p. 15}
Chapter 3: the corrective action plan after incidents.^{Emergency plan guideline, p. 15}
Chapter 4, resources: human, financial, technical and institutional resources.^{Emergency plan guideline, p. 15}
Annexes: references, CVs of the plan's authors, the consultant's disclaimer and relevant legal documents.^{Emergency plan guideline, p. 15}

The guideline also asks for a communications unit that works 24 hours a day, and for alternative means of communication because normal lines may fail in an emergency.^{Emergency plan guideline, p. 9}

If the plan relies on chemicals such as dispersants, it must state:^{Emergency reg. Art. 4, First (6)}

When they will be used, meaning the quantity and type of spill that calls for them.^{Emergency reg. Art. 4, First (6)(a)}
What the chemicals are made of.^{Emergency reg. Art. 4, First (6)(b)}
The target locations, including their nature, depths, environmentally sensitive areas and sensitive receptors.^{Emergency reg. Art. 4, First (6)(c)}
The expected environmental effects and how they will be treated.^{Emergency reg. Art. 4, First (6)(d)}

Using any chemical dispersant without NCEC approval, or without a justification NCEC accepts, carries a fine of up to 10,000 riyals for each cubic metre used.^{Emergency reg. Art. 11(1) and Table 1, row 13}

How does NCEC review the plan, and can you object?

NCEC reviews the plan after you pay the fee and issues its decision within 30 working days of the application being complete. The decision is one of three outcomes:^{Emergency reg. Art. 4, Second (2)}

Approval of the plan.^{Emergency reg. Art. 4, Second (2)(a)}
A request for more documents or information. NCEC then gives its final decision within 30 working days of receiving the amended plan, with a possible 5 extra working days.^{Emergency reg. Art. 4, Second (2)(b)}
A reasoned rejection. You must then prepare a new plan with the required changes.^{Emergency reg. Art. 4, Second (2)(c)}

NCEC may visit the site to check the plan against what is actually there.^{Emergency reg. Art. 4, Second (3)}

You can object to a rejection through the channels NCEC sets within 10 working days of the decision. A late objection is not considered.^{Emergency reg. Art. 4, Second (4)}

NCEC decides on the objection within 15 working days of receiving it and may add 5 working days. If you are not notified of a decision within 15 working days, the regulation treats the objection as not accepted.^{Emergency reg. Art. 4, Second (5), (6)}

What are your duties once the plan is approved?

You must comply with the approved plan and keep the staff and equipment it needs. The regulation also requires you to:^{Emergency reg. Art. 4, First (7)}

Run a self-audit of preparedness and readiness at least once a year and send the report to NCEC within 30 days of finishing the audit.^{Emergency reg. Art. 4, First (10)}
Get NCEC approval before changing or updating the plan, or before changing what is needed to run it, such as the number of staff, equipment, devices or means.^{Emergency reg. Art. 4, First (5)}
Update the plan within the period NCEC sets when it asks you to.^{Emergency reg. Art. 4, First (4)}
Get NCEC approval before running any drill, with a request covering objectives, timing, area, participants, equipment and scenarios.^{Emergency reg. Art. 5(3)}
Take part in NCEC exercises if NCEC selects your activity.^{Emergency reg. Art. 5(2)}

You may contract an NCEC approved service provider to raise readiness to implement the plan.^{Emergency reg. Art. 4, First (8)}

Diary the self-audit

The yearly self-audit report has its own fine if it is missing. Put the audit date and the report deadline in the site HSE calendar as soon as the plan is approved.

What must you do when an incident happens and afterwards?

You must notify NCEC and the relevant authorities as soon as you know of any environmental incident, whatever its size or type. NCEC publishes the reporting channels on its website.^{Emergency reg. Art. 6}

You must activate the measures in your approved plan or the national plan straight away and follow any measures NCEC sets. You must not obstruct inspectors or stop them entering the site or boarding a vessel.^{Emergency reg. Art. 7}

NCEC may step in to respond to an emergency inside your activity if it could get worse, after coordinating with the supervising authority. Your activity then bears all the costs.^{Emergency reg. Art. 10(3)}

After the emergency ends, you must prepare a technical report following NCEC's requirements. It must cover at least:^{Emergency reg. Art. 8(1)}

A general description of the emergency, its source and its root cause.^{Emergency reg. Art. 8(1)(a), (b)}
The response actions taken and the lessons learned.^{Emergency reg. Art. 8(1)(c)}
Environmental monitoring data on pollution levels during and after the emergency.^{Emergency reg. Art. 8(1)(d)}
The damage caused and the cost of treating it.^{Emergency reg. Art. 8(1)(e), (f)}
The corrective actions, including updating the plan.^{Emergency reg. Art. 8(1)(g)}

Within 30 working days of the end of the emergency, you must prepare an action plan for the corrective measures. It covers the root causes, gaps in preparedness and response, the proposed fixes with their cost and timing, and rehabilitation of the affected areas.^{Emergency reg. Art. 8(2)}

If NCEC comments on the action plan, you must revise it within 30 working days at most, or within the period NCEC sets.^{Emergency reg. Art. 8(3)}

The party that caused the incident bears the costs of NCEC's damage studies, plans, clean-up, rehabilitation and compensation. Where several parties caused it, they are jointly liable.^{Emergency reg. Art. 10(1)}

NCEC may investigate and hold the party that caused the incident responsible for the pollution damage. It may also, at its option, request bank guarantees covering those costs.^{Emergency reg. Art. 9(1)}

NCEC calculates the compensation and the rehabilitation of affected areas under the regulation that covers rehabilitation.^{Emergency reg. Art. 8(4)}

What are the fines?

Violations are handled under the general violations regulation. The amounts in Table 1 are maximum limits, and NCEC sets each fine by the nature and gravity of the violation and any aggravating or mitigating circumstances.^{Emergency reg. Art. 11(1)}

Every row in Table 1 is classed as serious. A committee formed by NCEC's CEO assesses serious fines based on the damage, the sensitivity of the site, the receptors affected and the economic and social effects.^{Emergency reg. Table 1 and Art. 11(2), (3)}

Not preparing and submitting the plan (row 1)	5,000 to 10,000 riyals
Not following NCEC rules for submitting plans (row 2)	3,000 to 10,000 riyals
Not implementing the plan in an emergency (row 3)	20,000 to 1,000,000 riyals
Not following NCEC emergency measures (row 4)	50,000 to 2,000,000 riyals
No technical report after an emergency (row 6)	5,000 to 100,000 riyals
Refusing to prepare or carry out corrective action plans (row 7)	5,000 to 100,000 riyals
Refusing to amend a plan after NCEC comments (row 8)	5,000 to 100,000 riyals
Not submitting self-audit reports (row 9)	5,000 to 10,000 riyals
Incorrect information in reports (row 10)	1,000 to 100,000 riyals
Not providing requested records (row 11)	50,000 riyals
Not notifying NCEC immediately (row 12)	10,000 to 1,000,000 riyals
Dispersants without approval (row 13)	10,000 riyals per cubic metre
Not containing leaks (row 14)	50,000 to 5,000,000 riyals

Obstructing inspectors (row 5) is penalised under the inspections and audits regulation instead.^{Emergency reg. Table 1, row 5}

If you still do not submit the plan after a row 1 fine, the fine committee may refer the case to the Environmental Law committees to seek temporary closure of the activity.^{Emergency reg. Table 1, row 1}

NCEC may issue one or more warnings before imposing a fine. You must also correct the violation, repair the damage and pay compensation.^{Emergency reg. Art. 11(5), (6)}

Table source^{Emergency reg. Table 1}

Where does the NCEC guideline differ from the regulation?

NCEC's guideline EP-M-45-V01 states that it is guidance and does not replace the Environmental Law and its executive regulations. Where the two differ, the regulation is the binding text.^{Emergency plan guideline, p. 5}

The main differences are:

Trigger cases: the guideline lists the EIA, an NCEC request after inspection, and the occurrence of an emergency. The regulation lists the EIA, the audit study and an NCEC request, and does not list the occurrence of an emergency.^{Emergency plan guideline, p. 13}
Bank guarantees: the guideline says the party that caused the emergency must provide bank guarantees. The regulation says NCEC may request them.^{Emergency plan guideline, p. 13}
Monitoring data: the guideline asks for monitoring results during or after the emergency. The regulation requires data during and after it.^{Emergency plan guideline, p. 13}
Corrective action plan: the guideline gives no deadline for preparing it. The regulation sets 30 working days from the end of the emergency.^{Emergency reg. Art. 8(2)}
Who prepares the plan: the guideline says an NCEC licensed service provider prepares it. The regulation says only that you may contract an approved service provider to raise readiness.^{Emergency plan guideline, p. 12}
Template: the guideline refers to a plan structure in Annex 1 of the regulation. The gazette text of the regulation ends with Table 1 and has no annex.^{Emergency plan guideline, p. 12}

What can go wrong?

Most problems come from treating the plan as a one-off document.

What can go wrong

In practice, a plan missing from an EIA or audit study can be treated as not preparing and submitting the plan. The fine is 5,000 to 10,000 riyals, with possible referral for temporary closure if it is still not submitted.^{Emergency reg. Table 1, row 1}
Changing the number of response staff, equipment, devices or means without prior NCEC approval breaches the regulation. Refusing to amend a plan after NCEC comments within the set period carries a fine of 5,000 to 100,000 riyals.^{Emergency reg. Art. 4, First (5) and Table 1, row 8}
Missing the yearly self-audit report carries a fine of 5,000 to 10,000 riyals.^{Emergency reg. Table 1, row 9}
Waiting to confirm the size of a spill before reporting it is risky. The duty applies to any incident regardless of size, and not notifying immediately carries a fine of 10,000 to 1,000,000 riyals.^{Emergency reg. Art. 6(2) and Table 1, row 12}
Using dispersants on a spill without NCEC approval can cost up to 10,000 riyals for each cubic metre used.^{Emergency reg. Art. 11(1) and Table 1, row 13}
Missing the 10 working day objection window means NCEC will not consider the objection.^{Emergency reg. Art. 4, Second (4)}
Following only the guideline can lead you to miss the 30 working day deadline for the corrective action plan, which is set in the regulation.^{Emergency reg. Art. 8(2)}
Putting incorrect data in a self-audit or incident report carries a fine of 1,000 to 100,000 riyals.^{Emergency reg. Table 1, row 10}

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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 60 references and the 3 regulation texts

Decision 5169012 (1445H)
Emergency reg. Art. 2
Emergency reg. Art. 4, First (1)
Emergency reg. Art. 4, First (1)(a), (3)
Emergency reg. Art. 4, First (1)(b)
Emergency reg. Art. 4, First (1)(c)
Emergency plan guideline, p. 6
Audit reg. (1446H) Art. 5, First (a), (b)
Emergency reg. Art. 4, Second (1)
Emergency reg. Art. 4, First (2)
Emergency reg. Art. 4, First (9)
Emergency reg. Art. 4, First (6)
Emergency plan guideline, p. 15
Emergency plan guideline, p. 9
Emergency reg. Art. 4, First (6)(a)
Emergency reg. Art. 4, First (6)(b)
Emergency reg. Art. 4, First (6)(c)
Emergency reg. Art. 4, First (6)(d)
Emergency reg. Art. 11(1) and Table 1, row 13
Emergency reg. Art. 4, Second (2)
Emergency reg. Art. 4, Second (2)(a)
Emergency reg. Art. 4, Second (2)(b)
Emergency reg. Art. 4, Second (2)(c)
Emergency reg. Art. 4, Second (3)
Emergency reg. Art. 4, Second (4)
Emergency reg. Art. 4, Second (5), (6)
Emergency reg. Art. 4, First (7)
Emergency reg. Art. 4, First (10)
Emergency reg. Art. 4, First (5)
Emergency reg. Art. 4, First (4)
Emergency reg. Art. 5(3)
Emergency reg. Art. 5(2)
Emergency reg. Art. 4, First (8)
Emergency reg. Art. 6
Emergency reg. Art. 7
Emergency reg. Art. 10(3)
Emergency reg. Art. 8(1)
Emergency reg. Art. 8(1)(a), (b)
Emergency reg. Art. 8(1)(c)
Emergency reg. Art. 8(1)(d)
Emergency reg. Art. 8(1)(e), (f)
Emergency reg. Art. 8(1)(g)
Emergency reg. Art. 8(2)
Emergency reg. Art. 8(3)
Emergency reg. Art. 10(1)
Emergency reg. Art. 9(1)
Emergency reg. Art. 8(4)
Emergency reg. Art. 11(1)
Emergency reg. Table 1 and Art. 11(2), (3)
Emergency reg. Table 1
Emergency reg. Table 1, row 5
Emergency reg. Table 1, row 1
Emergency reg. Art. 11(5), (6)
Emergency plan guideline, p. 5
Emergency plan guideline, p. 13
Emergency plan guideline, p. 12
Emergency reg. Art. 4, First (5) and Table 1, row 8
Emergency reg. Table 1, row 9
Emergency reg. Art. 6(2) and Table 1, row 12
Emergency reg. Table 1, row 10

How to read these references 3 texts cited

Emergency reg.: Executive Regulation on the Controls for Preparing and Implementing Preparedness and Response Plans for Environmental Emergencies and Disasters
Emergency plan guide: NCEC Environmental Guidelines for Preparing Preparedness and Response Plans for Environmental Emergencies and Disasters (EP-M-45)
Audit reg. (1446H): Executive Regulation for Environmental Inspections and Audits (1446H)

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).
Decision followed by a number is a ministerial or Council of Ministers decision. Most of the 1446H decisions replaced a regulation's penalty table.
H after a year marks the Hijri (Islamic calendar) year. 1446H ran from July 2024 to June 2025.

Every text we cite is listed on our regulations page.

Regulation texts this guide is written from

Executive Regulation on the Controls for Preparing and Implementing Preparedness and Response Plans for Environmental Emergencies and Disasters, approved by Ministerial Decision 5169012 dated 7/6/1445H (Umm Al-Qura, 19 January 2024)
NCEC Environmental Guidelines for Preparing Preparedness and Response Plans for Environmental Emergencies and Disasters, document EP-M-45-V01
Executive Regulation for Environmental Inspections and Audits (1446H), Ministerial Decision 15116190 dated 12/5/1446H

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.