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Are all environmental violations now classed as serious?

What the 13 ministerial decisions published on 5 Sep 2024 changed in the penalty tables, with the Permits, Aqueous Media, Noise and Air Quality tables in detail, and what they leave unanswered.

NCEC rules. 6 min read.

Short answer

Not for every table. On 5 Sep 2024, 13 ministerial decisions dated 4 and 5/2/1446H re-issued or amended the penalty tables of 13 executive regulations, and the 12 tables printed in the gazette carry a new type of violation column. Decisions 15029124 and 15029057 dated 1446/02/04H and 15029617 and 15029619 dated 1446/02/05H class every row of the Permits, Noise and Aqueous Media tables as serious, and 36 of the 37 Air Quality rows (row 11 on stack design has no classification). No fine amount, range or row was changed in these four tables, although the notes to Aqueous Media rows 1, 3 and 5 were reworded and a note was added to row 7. Some other tables, such as Logging, Protected Areas, Hunting and Wildlife, keep rows that are non-serious or subject to a warning first.

Key terms used in this guide 10 terms
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
Competent authority
The Ministry, any of the national centres for the environment sector, or the Public Foundation for the Conservation of Coral Reefs and Turtles in the Red Sea, each within its mandate and as the regulations set. Council of Ministers Decision 406 added the Foundation to the Environmental Law definition. The Audit regulation (1446H) uses the same definition. Arabic: الجهة المختصة (meaning “the competent (specialised) authority”) Env Law Art. 1 as amended by Council of Ministers Decision 406 (1445H), Third, Audit reg. (1446H) Art. 1
Environmental degradation
Severe damage to the environment caused by the depletion of natural resources, the destruction of natural habitats, the extinction of wildlife species, or the pollution of environmental media and the deterioration of air, water and soil quality. Arabic: التدهور البيئي (meaning “environmental deterioration”) 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
Point source
Permanent or semi-permanent activities resulting in the emission of air pollutants, such as industrial stacks, energy production plants, and the dust resulting from mining activities and construction works, amongst others. Arabic: المصادر الثابتة (meaning “the fixed (stationary) sources”) Air 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
Serious violation
A violation involving acts stipulated in Article 35 of the Environmental Law, acts that lead to environmental degradation, or acts that harm sensitive receptors or environmentally sensitive areas. Its penalty is proportional to the damage and is estimated by a committee of experts formed by the NCEC CEO. Arabic: المخالفات الجسيمة (meaning “the grave violations”) Permits reg. Art. 11(1) to (3)
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
Warning principle
Wording in the type of violation column of some penalty table rows ('the warning principle applies'), used in place of 'serious'. The tables do not explain what the principle involves. Arabic: مبدأ الإنذار (meaning “the principle of warning”) Audit reg. (1446H) Art. 8, Table 1, row 12, SP reg. (1446H) Art. 12, Table 1, rows 1, 3, 4, 5 and 8

All 49 terms in the NCEC glossary

On this page
  1. What did the 1446H decisions change?
  2. Which tables were amended?
  3. Did the fine amounts change?
  4. What does serious mean under each regulation?
  5. Does every violation now go to an expert committee?
  6. What do the decisions not say?
  7. What can go wrong?

What did the 1446H decisions change?

On 4 and 5/2/1446H the Minister of Environment, Water and Agriculture issued a package of 13 ministerial decisions under Article 38(2) of the Environmental Law, all published on 5 Sep 2024. Four of them amend the Permits, Air Quality, Noise and Aqueous Media tables covered here. Article 38(2) requires the Minister, in coordination with the competent authority, to classify violations and penalties according to their nature and gravity and any aggravating or mitigating circumstances.Env Law Art. 38(2)

Each decision also cites High Order 32043 dated 1444/5/5H, which directed a review of laws, regulations and decisions related to violations and penalties.Decision 15029124 (1446H)

Each decision approves an amended penalty table in the attached wording and takes effect from its publication in the Official Gazette.Decision 15029124 (1446H)

The attached tables make two changes in layout:

  • A new column for the type of violation. Every row is classed serious except Air Table 3 row 11 (stack design), where the column is blank.Decision 15029124 (1446H), Air reg. Table 3 (2024), row 11
  • A penalty column split into minimum and maximum sub-columns, with fixed amounts spanning both.Decision 15029057 (1446H)

Which tables were amended?

Each decision amends one table:

  • Decision 15029124 dated 1446/02/04H amends Table 2 of the Permits to Establish and Operate regulation, 9 rows.Decision 15029124 (1446H)
  • Decision 15029057 dated 1446/02/04H amends Table 3 of the Air Quality regulation, 37 rows.Decision 15029057 (1446H)
  • Decision 15029617 dated 1446/02/05H amends Table 5 of the Noise regulation, 8 rows.Decision 15029617 (1446H)
  • Decision 15029619 dated 1446/02/05H amends Table 2 of the Aqueous Media regulation, 17 rows.Decision 15029619 (1446H)

The Soil and Rehabilitation tables were amended in the same way by separate decisions published the same day (Decision 15029616 for Soil and Decision 15029156 for Rehabilitation). Every row is now classed serious and the amounts are unchanged. The Inspections and Audits and the Service Providers regulations were later replaced as whole regulations by separate 1446H decisions.Decision 15029616 (1446H), Decision 15029156 (1446H)

Did the fine amounts change?

No. Compared with the English editions, no row was added or removed and every amount, range, category split and per-unit qualifier is the same.Decision 15029124 (1446H)

Four notes in the Aqueous Media table were reworded. Three change the substance:Decision 15029619 (1446H)

  • Row 5, monitoring and control requirements: the violator must now stop the discharge, treat the damage and pay compensation.Decision 15029619 (1446H)
  • Row 7, emergency operating controls: a new note obliges the violator to correct the violation, repair the damage and pay compensation.Decision 15029619 (1446H)
  • Row 1, Article 5 prohibitions: the referral to the Public Prosecution now names the violator rather than the offences.Decision 15029619 (1446H)

The note on row 3 changes only in wording. It now obliges the violator to stop the discharge.Decision 15029619 (1446H)

In the amended Permits table, rows 6 and 8 read per condition in Arabic where the English edition says per requirement. No earlier Arabic text was available to show whether this wording is new.Decision 15029124 (1446H)

What does serious mean under each regulation?

The regulations do not define serious in the same way:

  • Permits regulation: Article 35 acts, environmental degradation, or harm to sensitive receptors or sensitive areas. The penalty is proportional to the damage and is estimated by an expert committee formed by the NCEC CEO.Permits reg. Art. 11(1) to (3)
  • Aqueous Media regulation: the same three tests and the same expert committee.Aqueous reg. Art. 9(3)
  • Air Quality regulation: degradation or harm to sensitive receptors or sensitive areas, with the same expert committee.Air reg. Art. 8(4)
  • Noise regulation: Article 11 applies Table 5 through the Violations regulation and has no serious violation clause or expert committee.Noise reg. Art. 11

The Soil and Rehabilitation regulations contain the same serious violation clause as the Permits regulation. Their tables were also amended in the 1446H package (Decisions 15029616 and 15029156), and every row in them is now classed serious.Soil reg. Art. 8(3), Rehab reg. Art. 8(3)

The regulations replaced or issued since then use their own wording:

  • Audit regulation (1446H): fines for serious violations are set by the degree of damage, the natural importance and area of the site, the type of receptors affected and the economic and social effects. The regulation has no expert committee clause.Audit reg. (1446H) Art. 8(2)
  • Service Providers regulation (1446H): the same assessment factors. Its table marks five rows 'the warning principle applies' instead of serious.SP reg. (1446H) Art. 12(2) and Table 1, rows 1, 3, 4, 5 and 8
  • Emergency regulation: the three Permits regulation tests plus intent of the violator, with a committee of specialists formed by the NCEC CEO.Emergency reg. Art. 11(3) and (4)
  • Marine regulation (1448H): serious fines are set by damage, the environmental importance and area of the site and the economic and social effects. Non-serious fines take account of the size, economic classification and surroundings of the activity.Marine reg. (1448H) Art. 8(1)(d)

Does every violation now go to an expert committee?

The decisions do not say so. One reading is that classing every row as serious brings all of them under the expert committee process in each regulation's penalty article.Permits reg. Art. 11(2)

There are two different committees in the texts. The expert committee in the Permits regulation is formed by the NCEC CEO, while the Violations Review Committee is formed by the Minister and handles penalties above 100,000 riyals and objections.Permits reg. Art. 11(2), Env Law Art. 39(2), Violations reg. (1446H) Art. 4, First (3)

The texts do not explain how the two committees interact.

Plan for the worst case

Treat any violation as one that may be priced in proportion to the damage caused, not only at the table amount. Good records of what happened and what you did about it help in either process.

What do the decisions not say?

Several practical points are left open:

  • All four decisions were published in the Official Gazette (Umm Al-Qura) on 2/3/1446H (5 Sep 2024) and took effect from that date.Decision 15029124 (1446H)
  • They do not say what the serious label changes in procedure, amount or consequence.
  • They do not explain why the Noise regulation, which has no serious violation clause, is now classed serious throughout.Noise reg. Art. 11
  • They contain no transitional rules for cases already under way.

The English translations used for this post still show the tables without the type of violation column and without the reworded Aqueous Media notes.Aqueous reg. Art. 9

What can go wrong?

These points are easy to miss when relying on older copies of the regulations:

What can go wrong
  • Relying on an English edition that lacks the new column and the reworded Aqueous Media notes for rows 1, 5 and 7.Decision 15029619 (1446H)
  • Assuming the table amount is the whole exposure. Serious violations under the Permits regulation are priced in proportion to the damage by an expert committee.Permits reg. Art. 11(2)
  • A monitoring failure under Aqueous row 5 now also obliges you to stop the discharge, treat the damage and pay compensation, on top of 50,000 to 200,000 riyals per notification.Decision 15029619 (1446H)
  • Breaching the emergency operating controls under Aqueous row 7 costs 50,000 riyals per item and now carries a duty to repair the damage and pay compensation.Decision 15029619 (1446H)
  • Under the Arabic wording of Permits rows 6 and 8, each unmet condition can be counted separately.Decision 15029124 (1446H)
  • False information in a study, plan or report remains 1,000 to 100,000 riyals with referral to the Public Prosecution.Permits reg. Art. 11, Table 2 (2024), row 1
Want to know where your site stands under the amended penalty tables?

Hills & Field carries out compliance audits that map your permit conditions and monitoring duties against the current Arabic penalty tables.

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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 20 references and the 11 regulation texts
  1. Env Law Art. 38(2)
  2. Decision 15029124 (1446H)
  3. Decision 15029124 (1446H), Air reg. Table 3 (2024), row 11
  4. Decision 15029057 (1446H)
  5. Decision 15029617 (1446H)
  6. Decision 15029619 (1446H)
  7. Decision 15029616 (1446H), Decision 15029156 (1446H)
  8. Permits reg. Art. 11(1) to (3)
  9. Aqueous reg. Art. 9(3)
  10. Air reg. Art. 8(4)
  11. Noise reg. Art. 11
  12. Soil reg. Art. 8(3), Rehab reg. Art. 8(3)
  13. Audit reg. (1446H) Art. 8(2)
  14. SP reg. (1446H) Art. 12(2) and Table 1, rows 1, 3, 4, 5 and 8
  15. Emergency reg. Art. 11(3) and (4)
  16. Marine reg. (1448H) Art. 8(1)(d)
  17. Permits reg. Art. 11(2)
  18. Permits reg. Art. 11(2), Env Law Art. 39(2), Violations reg. (1446H) Art. 4, First (3)
  19. Aqueous reg. Art. 9
  20. Permits reg. Art. 11, Table 2 (2024), row 1
How to read these references 12 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).
  • 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

  • Ministerial Decision 15029124 (1446H), amending Table 2 of the Permits regulation
  • Ministerial Decision 15029057 (1446H), amending Table 3 of the Air Quality regulation
  • Ministerial Decision 15029617 (1446H), amending Table 5 of the Noise regulation
  • Ministerial Decision 15029619 (1446H), amending Table 2 of the Aqueous Media regulation
  • Environmental Law
  • Executive Regulations for Environmental Permits to Establish and Operate Activities
  • Executive Regulation for Air Quality
  • Executive Regulation for Noise
  • Executive Regulations for the Protection of Aqueous Media from Pollution
  • Executive Regulation for the Prevention and Remediation of Soil Pollution
  • Executive Regulation for Apprehension of Violations and Imposition of Penalties

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.