The
desire for a green and pollution-free environment in Oman grows every year, as
the world seeks to tackle the ill effects of global warming and other
environmental concerns. As the world
gears up to combat this threat, the Sultanate of Oman has put a series of laws
in place to protect its land and territorial waters against pollution. Protection of habitats has been achieved
through the environmental permit system implemented under Sultani Decree 10/82
(now replaced by Sultani Decree 114/01). The Sultanate has always sought to strike a
balance between the needs of development and the environment. Industrial construction projects must be
reviewed and certified by the Ministry of Environment and Climate Affairs (the “MOECA”) before commencement. When reviewing a proposed construction
project, the MOECA examines the possibility of damage to the environment and
ensures that all measures have been taken to minimise pollution from waste
products prior to giving its approval.
Legislation
for wildlife protection and nature conservation is mainly in the form of
Sultani Decrees and Ministerial Decisions.
The management and action plans for all protected areas are strictly implemented. Sultani Decree 34/74, issuing the Marine
Pollution Control Law, seeks to ensure the safety of the marine environment. Sultani Decree 68/79, establishing the Council
for Conservation of Environment and Prevention of Pollution, was followed by Sultani
Decree 10/82 (replaced by Sultani Decree 114/01), issuing the Law on Conservation
of the Environment and Prevention of Pollution, which laid the practical and
scientific basis for private and public practices in environmental fields. This was further strengthened by the issue of
Sultani Decree 45/84 establishing the Ministry of Regional Municipalities,
Environment and Water Resources as the first ministry of its kind in the Arab
world.
Marine
pollution
One
of the most significant laws concerning the protection of the environment in
Oman is the law on the Control of Marine Pollution (Sultani Decree 34/74). Under this law, no person has the right to
discharge any pollutant in the pollution-free zone from a ship, shore location
or oil transport facility.
Moreover,
no ship has the right to discharge any pollutant in the pollution-free zone and
each day of a violation is considered as a separate violation. No ship owner or any owner or operator of a
shore location or oil transport facility has the right to disregard any of its
obligations under the law. Any owner or
operator of the shore location or oil transport facility violating the law
subsequent to a third offence may be liable to be deprived, either temporarily
or permanently, of any or all of the rights granted by the Government. The pollution control officer, or any other person
appointed by the MOECA in charge of implementing this law, is empowered to
arrest any person who has committed an offence punishable with imprisonment in
accordance with this law, and to detain such person until the issue is
resolved; the officer may also detain and seize any ship in violation of the
law. If a pollutant has been discharged
in the pollution-free zone, the owner of that ship or the owner or operator of
that shore location or oil transport facility, as the case may be, will be
liable for, inter alia, costs borne by the Government in order to mitigate or
eliminate the pollution, and the damages suffered by the Government and/or any
other person.
Solid
non-hazardous waste
The Regulations
for the Management of Solid Non-Hazardous Waste (MD 17/93) deal with solid
non-hazardous waste, including any solid or semi-solid material, which does not
pose any danger to the environment or to the human health, if it is dealt with
in a safe scientific way. Household
waste and solid materials from commercial and industrial establishments are
included in non-hazardous waste. The
occupants of premises which are used for commercial or industrial purposes are
required to store and dispose of solid non-hazardous waste in accordance with
the provisions of these regulations, so that there is no nuisance or hazard to
public health.
The
user of a commercial or industrial site which produces solid non-hazardous
waste is obliged to collect the waste and transport it in a safe manner to a
site designated by the relevant authority for the purpose. The law does not permit any person to dispose
of solid non-hazardous waste in places other than designated places. No solid non-hazardous waste should be mixed
with any category of hazardous waste at any time. Various authorities responsible for the
day-to-day operation and management of the collection and disposal of solid
non-hazardous waste need to obtain permits and licenses from the MOECA.
Hazardous
waste
The Regulations
for the Management of Hazardous Waste (MD 18/93) deal with hazardous waste,
including any waste arising from commercial, industrial or any other activities,
which due to its nature, composition, quantity or for any other reason is
hazardous or threatens to be hazardous to the environment. Any storage facility for hazardous waste must
be duly licensed by the MOECA. This law
requires all hazardous waste to be labeled and packed according to the
provisions stipulated in this respect.
Every hazardous waste generator should store the hazardous waste in
approved storage facilities on its land, or at its premises, until it is
removed in accordance with the terms of the license issued by the MOECA. Hazardous waste must be transported by vehicles
licensed by the MOECA to collect, handle, store and dispose of hazardous waste
outside the waste generator’s premises.
Waste
water re-use and discharge
The
Regulations for Wastewater Re-Use and Discharge were promulgated through MD
145/93 and provide that the discharge of any wastewater or sludge into the
environment, in whatever form or conditions, is prohibited without a permit to
discharge from the MOECA. Further, this
law provides for the regulation of the quality of wastewater and its re-use. Before re-use, the wastewater or sludge is
tested to determine the quantity of various metals in it and its pH value. Those with high concentrations of metals must
be disposed of in sanitary landfills with the prior approval of the MOECA. Wastewater must be discharged only where
re-use is not possible. The MOECA may
supervise the samples of wastewater at any place at any time.
Whilst
there are many other laws that have been issued to ensure the safekeeping of
the environment, the above laws are some of the most important in relation to
wastewater, management of waste and marine pollution.
