Law No. 42 of 2014 Promulgating the Environment Protection Law

Law No. 42 of 2014
Promulgating the Environment Protection Law

Preliminary Part – General Provisions

Chapter One – Definitions

Article 1

In applying the provisions of this Law, the following terms shall have the meanings assigned opposite each of them:
Authority: The Environment Public Authority.
Supreme Council: The Supreme Council for the Environment.
Board of Directors: The Board of Directors of the Environment Public Authority.
Director General: The Director General of the Environment Public Authority.
Concerned Entities: All executive entities concerned with any environmental or development affair.
Enclosed Public Place: A place that has the form of a complete building and into which air enters only through openings prepared for that purpose; public means of transport shall be deemed an enclosed public place.
Semi-enclosed Public Place: A place that has the form of an incomplete building and is directly connected to the outside air such that it cannot be fully closed.
Environment: The biological and physical surroundings that include living organisms, whether human, animal or plant, and everything surrounding them of natural habitats, air, water and soil, and the solid, liquid or gaseous materials or natural radiation they contain, and the fixed and mobile facilities established by man.
Polluting Materials and Agents: Any liquid, solid or gaseous materials, smoke, vapours, dust, micro-organisms (such as bacteria and viruses) or other micro-organisms and other non-micro-organisms, odours, noise, radiation, heat, glare of lighting or vibrations, produced by human action or by the action of nature, such as earthquakes and floods, which lead, directly or indirectly, to the pollution of the environment, or lead to an imbalance in the equilibrium of the environment, or lead to causing harm to the health of humans and living organisms.
Environmental Pollution: All human and natural activities that contribute to the presence of any polluting materials or agents in the environment in quantities or with characteristics for a period of time that may lead, directly or indirectly (alone or by interaction with others), to harming public health, or the carrying out of works and activities that may lead to the degradation of the natural ecosystem or impede the enjoyment of life and the benefit from private and public property.
Source of Pollution: The place through which materials, pollutants or energy are discharged, released or emitted into the surrounding environment (air, water and soil). A source of pollution may be fixed (such as chimneys, sewers, industrial areas and landfills) or mobile (such as vehicles, ships and aircraft).
Environment Protection: The set of policies and measures aimed at protecting natural resources and ecosystems, and the procedures that ensure the prevention, mitigation or combating of pollution, the conservation of the environment, its natural resources and biodiversity, the rehabilitation of areas degraded by harmful practices, the establishment of terrestrial and marine reserves, the designation of buffer zones around fixed sources of pollution, the prevention of conduct harmful or destructive to the environment, and the encouragement of positive patterns of behaviour.
Air Pollution: The introduction of any polluting materials or agents (chemical, physical or biological) or energy into the air, which leads to a change in the natural characteristics and specifications of the air and the atmosphere, and their presence in concentrations and for periods of time that may result in harmful and hazardous effects on human health or the environment, whether such pollution results from natural sources or from human activity.
Indoor Environment: The physical surroundings and facilities in which humans are present, meaning the environmental conditions surrounding humans within residential, commercial and other facilities.
Work Environment: The physical surroundings and the conditions and requirements surrounding humans in the places where they are present to perform their work, whether inside or outside buildings and facilities.
Ozone Layer: One of the upper layers of the atmosphere (the lower part of the stratosphere of the atmosphere) which contains high concentrations of ozone gas and works to absorb the harmful ultraviolet rays emitted by the sun and prevents them from reaching the surface of the earth.
Ground-level Ozone: One of the gases formed as a secondary pollutant near the surface of the earth as a result of the reaction between primary air pollutants (nitrogen oxides and vapours of organic compounds) and sunlight.
Ozone-depleting Substances: A group of manufactured chemical substances (such as chlorofluorocarbons, freon gases and halons) which, when released into the air and transported to the upper layers of the atmosphere (the stratosphere), react with the ozone molecule and deplete it, leading to the degradation of the ozone layer and the widening of the ozone hole.
Greenhouse Gases: Any of the gases that contribute to absorbing the infrared radiation emitted from the heated surface of the earth and preventing it from spreading and dispersing into outer space, leading to the trapping of heat in the earth’s atmosphere and its warming.
Climate Change: The occurrence of significant changes in the statistical distribution of climate patterns over periods extending to decades, being changes that occur in the averages and intensity of weather conditions or in the frequency of their occurrence and their distribution around the world (such as the rise in atmospheric temperature, the rise in sea level, changes in wind patterns and others).
Water Pollution: The introduction of any materials or energy into the aquatic environment, intentionally or unintentionally, directly or indirectly, resulting in harm to living resources, or threatening human health, or impeding aquatic activities, including fishing and navigational, tourist and development activities, or impairing the fitness of sea water for use, or reducing its enjoyment, or altering its properties.
Soil Pollution: Incidental changes in the physical, chemical or biological characteristics of the soil that adversely affect its efficiency.
Integrated Environmental Management of Coastal Areas: An approach based on the participation of all relevant entities, coordinating among themselves in a manner that ensures the conservation of the environment in coastal areas.
Natural Resources: All materials and compounds in nature that are exploited by man for the purposes of manufacturing, development and improving the quality of life, and which may be utilised directly (such as air, water, land, animals, fish and plants) or indirectly (such as oil, gas and alternative energies).
Biodiversity: The numbers, species, genera and genetic variations of living organisms present in a geographical area or in natural habitats and ecosystems; the extent and degree of biodiversity shall be deemed an indicator for measuring the health of ecosystems.
Sustainable Development: Development that aims at the rational use of natural resources to meet the needs of the present generation while conserving such resources and without disrupting ecosystems, so as to meet the needs of future generations.
Environmental Impact: The tool by which the negative and positive effects, direct and indirect, immediate and future, resulting from projects are identified through forecasting, with the aim of avoiding harmful effects on human health and protecting the surrounding environment.
Environmental Impact Assessment Studies: The comprehensive scientific studies for assessing the effects associated with projects and activities on the environment before the commencement of their implementation or upon introducing any modifications or expansions to existing ones, in accordance with the resolutions issued by the competent entity. Such studies shall include identifying, forecasting, measuring and interpreting the expected effects, and determining the methods of monitoring them in order to limit or reduce their negative effects during the various phases of the project.
Environmental Audit: A set of assessment works carried out by specialised environmental consultancy offices to identify the implementation gaps in the environmental compliance system and environmental management of the facility, and the corrective measures related thereto. Such works include preparing the facility to obtain the accredited international certificates relating to environmental management systems.
Competent Minister: The Prime Minister or the First Deputy Prime Minister.
Environmental Inspection: The field operations carried out by the judicial officers on all facilities, activities and development projects with the aim of verifying the degree of compliance with the application of environmental regulations, requirements and standards, which may require the use of various devices, equipment, machinery and systems, the taking of samples, and their scientific and technical documentation.
Judicial Officers: The employees of the Authority or others who are appointed by the Competent Minister and qualified to monitor and enforce this Law and the regulations and resolutions implementing it.
Pollution of the Marine Environment: Man’s introduction, directly or indirectly, intentionally or unintentionally, of materials or energy into the marine environment, or his extraction of them from it, which may result in some harmful effects on human health, or affect living resources or ecosystems, or impede marine activities, including fishing, or which may reduce the degree of water quality and its fitness for certain uses, or lead to affecting the legitimate uses of the marine environment.
Discharge: Any leakage, spillage, emission, release or dumping, whether intentional or unintentional, of any type of polluting materials (solid, liquid, gaseous and dust) or any form of energy into the surrounding environment (air, water, soil), or their disposal in prohibited areas.
Harmful Substances: Substances that cause harm to the health of humans or living organisms, directly or indirectly, and which include, by way of example, chemical, biological and radioactive substances, and solid and liquid waste and residues.
Sewage: The water discharged from sites of human settlements (such as residential, commercial, industrial and other areas), together with the liquid and solid human waste it contains (such as oils, greases, sediments, solid residues, substances dissolved in water, and bacteria), which is transported to treatment sites through sewerage networks or by tankers designated for that purpose.
Sewage Treatment Plants: The facilities or equipment specifically designed to receive sewage for the purpose of treating it by mechanical, physical, chemical and biological methods to rid it of materials and pollutants that harm the environment and public health and to allow its reuse.
Sludge: The materials that settle during the treatment of liquid waste in specialised sanitary and industrial treatment plants, being materials that are usually in semi-solid form and contain many organic materials or hazardous materials, and that require special treatment according to their composition.
Industrial Discharge: The liquid waste resulting from a set of manufacturing processes in industrial facilities and development activities, which requires treatment at the source or transport to specialised treatment sites.
Municipal Solid Waste: The waste and solid materials generated by homes, residential communities and commercial activities (such as food and household waste, including paper, cardboard, remnants of packaging and canning of materials, plastic, wood, glass and metals).
Landfills: The sites that are designated, used and managed for the purpose of disposing of one or more types of waste by the method of landfilling above the surface of the ground, in low-lying sites or beneath the surface of the ground, and which may result in numerous environmental effects according to the type of waste and the disposal method followed.
Hazardous Waste: Waste (liquid, solid or gaseous) of high toxicity or capacity to cause corrosion of materials, or by reason of its explosiveness and flammability, which directly or indirectly poses a serious hazard to the health of humans and living organisms and to the ecosystem.
Visual Pollution: The disfigurement of any view on which the human eye falls and with which a person feels psychological discomfort; it is a type of disappearance of the aesthetic image of natural scenery, examples of which include landfills, buildings outside the zoning plan, irregular architecture, and random signboards and advertisements.
Kuwait Bay: What is called the Gulf of Kuwait, being the shallow body of water within the land located in the middle of the coastal strip of the State of Kuwait, bounded on the north by the Subiya area and the Jal Al-Zor hills, and on the south by Kuwait City and Sulaibikhat Bay; on it lie Ras Ushairij, Doha Port and Shuwaikh Port; the Bay is adjoined by Bubiyan Island on the north and Failaka Island at the entrance of the Bay.
Quarry Materials: The materials extracted from quarry sites (draakeel) and used in various construction works, consisting of gravel (sulboukh), pebbles, sand and limestone.

* Replaced by Law No. 99 of 2015 (Kuwait Al-Youm, Issue No. 1252, 6 September 2015).

Chapter Two – Scope of Application and Objectives of the Law

Article 2

The provisions of this Law shall apply to all public and private entities and individuals.

Article 3

This Law aims to achieve the following purposes:
1. Protecting the environment and its resources and preserving its natural balance throughout the entire territory of the State.
2. Combating pollution and environmental degradation in their various forms, and avoiding any immediate or long-term damage resulting from plans and programmes of economic, agricultural, industrial, tourist or urban development or other activities and development programmes aimed at improving the standard of living.
3. Developing natural resources, ensuring the achievement of sustainable development goals, and preserving biodiversity throughout the entire territory of the State.
4. Protecting society, human health and living organisms from all activities and works harmful to them.
5. Protecting the environment from the harmful effect of activities and works carried out outside the territory of the State.

Chapter Three – Administration of Environmental Affairs

First – Supreme Council for the Environment

Article 4

The Supreme Council for the Environment shall be formed under the chairmanship of the Prime Minister or the First Deputy Prime Minister and with the membership of a number of Ministers selected by the Chairman of the Supreme Council. The Director General of the Authority shall be a member and the rapporteur of the Council. The Supreme Council shall include in its membership three persons of experience and competence in the field of environment protection, who shall be appointed by Decree for a term of four years renewable for another similar term, and the Decree issued for their appointment shall determine their remuneration. The Council shall issue internal regulations governing its working procedures and the manner of issuing its resolutions. The Council shall, within the framework of the general policy of the Government, take all measures that would protect the territory of the State from pollution, whatever its source, and achieve the objectives set forth in this Law.
It shall also be competent for the following matters:
1. Drawing up the general policy for environment protection in the State.
2. Approving the national plans for environment protection and the emergency plans for confronting environmental disasters.
3. Following up the implementation by all State entities of the provisions of this Law, and deciding on any conflict or dispute of competences that may impede the achievement of the policies, objectives and provisions contained therein.
4. Approving the annual budget of the Authority.
5. Selecting two representatives of the non-governmental associations concerned with environmental affairs for membership of the Board of Directors.
6. Approving the internal regulations of the Board of Directors upon the proposal of the Board of Directors.
7. Approving the annual work plan of the Authority and its periodic review and evaluation.
8. Following up the environmental situation and working to improve the quality of the environment and environmental management in the country.
9. Reviewing and approving the annual report on the environmental performance of State institutions, and following up the correction of the shortcomings of State institutions stated therein.
10. Approving the financial regulations relating to the salaries and wages of the employees of the Authority.
11. Approving the organisational structure of the Authority.
12. Approving the formation of the permanent auxiliary committees and approving their budgets.
13. Imposing legal sanctions on companies, facilities and entities violating the provisions of this Law and the environmental requirements and standards contained in its Executive Regulations.
14. Authorising the Ministers competent to implement the provisions of this Law and the regulations and resolutions implementing it, or whomever such Ministers delegate, to second the employees necessary for doing so, and granting them the capacity of judicial police to establish violations of its provisions in accordance with the provisions of the articles relating to their competences.

* Replaced by Law No. 99 of 2015 (Kuwait Al-Youm, Issue No. 1252, 6 September 2015).

Article 5

A resolution of the Supreme Council shall be issued forming a Board of Directors of the Authority for a term of four years renewable for one similar term. The Board of Directors shall be chaired by the Director General, with the membership of each of the following:
1. A representative of each of the Ministry of Health, the Ministry of Interior, the Ministry of Defence, the Ministry of Communications, the Ministry of Electricity and Water, the Ministry of Commerce and Industry, the Ministry of Public Works, the Ministry of Information, the Ministry of Oil, the Ministry of Education, Kuwait Municipality, the Public Authority for Industry, Kuwait University, the Kuwait Institute for Scientific Research, and the Public Authority for Agriculture Affairs and Fish Resources, provided that his grade is not lower than that of Assistant Undersecretary, to be selected by the Competent Minister.
2. Two representatives of the public benefit associations concerned with the environment.

* Replaced by Law No. 99 of 2015 (Kuwait Al-Youm, Issue No. 1252, 6 September 2015).

Second – Environment Public Authority

Article 6

The Environment Public Authority is a public authority having legal personality and an annexed budget, concerned with environmental affairs, having general jurisdiction over environmental affairs in the State; it shall be affiliated to the Council of Ministers and supervised by the Supreme Council for the Environment.

Article 7

The Authority shall be competent to carry out all works and tasks that ensure the protection of the environment in the country, and in particular the following:
1. Setting and applying the general policy of the State regarding environment protection, and setting strategies and action plans for protecting the environment, conserving natural resources and ecosystems, and achieving sustainable development goals, including the scientific, environmental and health standards appropriate for human living, industrial and urban expansion, and the exploitation of natural resources, in a manner that ensures the preservation of the health of workers, the safety of all utilities and the work environment, the protection of the environment, and the preservation of the environmental balance in general.
2. Preparing, and supervising the implementation of, integrated action plans covering everything related to environment protection in the short and long term, in coordination with the concerned bodies in the State in light of environmental policies.
3. The Authority’s supervision, follow-up and evaluation of the activities, procedures and practices concerned with environment protection.
4. Defining pollutants, setting standards for environmental quality, preparing draft laws, regulations, systems and requirements relating to environment protection and following up their implementation, and setting the controls necessary to prevent, reduce and combat environmental pollution, in coordination with the concerned entities in the State.
5. Preparing, and participating in directing and supporting, research and studies in the field of environment protection, the conservation of its resources and the achievement of environmental development, following up the evaluation of their results, and implementing the recommendations issued therefrom through the concerned entities in the State.
6. Identifying the problems arising from environmental pollution and degradation, in cooperation with local and international institutions concerned with the environment, proposing appropriate solutions to them and following up their application.
7. Studying regional and international agreements concerned with environmental affairs and expressing an opinion regarding accession to them, in coordination with the concerned entities, and cooperating and coordinating with these organisations with regard to the implementation of the provisions of these agreements.
8. Following up new developments in international law in the field of environment protection.
9. Coordinating the relations of the State with international and regional organisations concerned with environmental affairs.
10. Setting the general framework for environmental education, instruction and awareness programmes, raising the level of environmental awareness, and achieving positive community participation in environment protection.
11. Developing and implementing comprehensive environmental surveys and continuous monitoring programmes for environmental standards and indicators in all environmental sectors, and carrying out environmental monitoring and measurement operations and the continuous follow-up of environmental quality.
12. Setting a comprehensive plan for confronting environmental disasters and taking the measures necessary to confront them in time of war and peace, in coordination and cooperation with the concerned entities.
13. Setting an integrated action plan to support civil society institutions, and working to qualify the sectors of society in the methods and means of environment protection, in cooperation with the concerned entities.
14. Preparing a system for the environmental impact assessment of the various projects of the State, developing the guidelines and necessary procedures, and expressing an opinion thereon before their implementation is approved by the concerned entities.
15. Studying the environmental reports submitted to it on the environmental conditions in the country and taking the necessary action thereon, and preparing an annual report covering both the general environmental situation and the environmental performance of State institutions in the State of Kuwait.
16. Granting approval to companies, institutions and consultancy offices specialised in preparing environmental impact assessment studies, providing environmental consultancy or environmental auditing, and to entities working in the field of environmental services and laboratories, to practise these activities.
17. Establishing and developing a comprehensive environmental database for the State, working to improve the mechanisms of environmental decision-making, and achieving electronic linkage with State institutions and the exchange of data among them.
18. Preparing environmental data and indicators on the State of Kuwait and publishing them in the official reports and statistics of the Authority and of the relevant entities inside and outside the country.
19. Setting the standards and requirements that owners of projects and facilities shall implement, and taking the measures provided for by law against violators of such standards and conditions.

Article 8

The Authority shall have a Director General appointed by Decree at the grade of Undersecretary, from among specialists and persons of experience in fields related to the environment, for a term of four years renewable for one similar term. He shall be responsible for implementing the resolutions of the Authority, and the Director General shall represent the Authority before the courts and in its relations with third parties. He may have one or more deputies, who shall be appointed by Decree.

Article 9

The Board of Directors of the Environment Public Authority shall have all the powers necessary to achieve its purposes set forth in this Law, and it shall in particular have the following powers:
1. Supervising the implementation of the policies set by the Supreme Council for the Environment.
2. Proposing the national plans for environment protection and the emergency plans for confronting environmental disasters, and supervising their implementation after their approval by the Supreme Council.
3. Preparing the organisational structure of the Authority, stating the bodies necessary for it and determining their competences.
4. Preparing the internal regulations of the Board of Directors, which shall in particular include the following:
(a) Determining the competences of the Director General and his deputies.
(b) Regulating the work of the Board of Directors and the manner of issuing its resolutions, and the rules and procedures of the meetings of the committees and working teams formed at the Authority.
(c) Determining the remuneration of the members of the Board of Directors, the deputies of the Director General, and the members of the committees and working teams, experts and consultants.
5. Issuing the internal regulations of the Authority, including the administrative regulations and the regulations on the appointment of the employees of the Authority, their promotions, their remuneration, the in-kind or cash benefits granted to them, the disciplinary penalties imposed on them and the termination of their services, without prejudice to the provisions of Articles (5) and (38) of the Civil Service Law. The provisions of the Civil Service Law and the Civil Service Regulation shall apply to the employees of the Authority in respect of matters for which no special provision is made in its internal regulations.
6. Approving the draft annual budget of the Authority.
7. Proposing draft laws and decrees relating to the environment.
8. Proposing the formation of the permanent auxiliary committees and approving their recommendations. The Board may delegate to the Director General or to any of its committees some of its competences.
9. Setting schedules of the fees and charges collected by the Authority in consideration of the services it provides.
10. Approving the development, updating and amendment of the environmental standards, requirements and executive regulations.
11. Reviewing and approving the sanctions prescribed for violators and contained in the Environment Protection Law, and approving the settlement regulations for environmental violations.

Article 10

The Authority shall have an annexed budget within the general budget of the State, in the preparation of which the rules and procedures regulating the general budget of the State shall be followed. The fiscal year of the Authority shall begin with the fiscal year of the State and end at its end; by way of exception, the first fiscal year shall begin from the date of entry into force of this Law and end at the end of the fiscal year following the date of issuance of the Law.

Article 11

The financial resources of the Authority shall consist of the following:
1. The amounts allocated to it annually in the general budget of the State.
2. Fees and charges for the services provided by the Authority to third parties.
3. Grants and donations provided by national and foreign entities for the purposes of protecting and developing the environment, which are approved by the Board of Directors.
4. The proceeds of any pilot projects undertaken by the Authority.

Article 12

By way of exception from the provisions of Article (16) of Law No. 31 of 1978 referred to above, the grants and donations provided by national and foreign entities for the purposes of protecting and developing the environment, which are approved by the Board of Directors, shall accrue to the Authority, and such grants and donations shall be disposed of for the purposes for which they were granted, by a resolution of the Board of Directors.

Third – Environment Protection Fund

Article 13

A special fund called the Environment Protection Fund shall be established at the Authority, reporting to the Supreme Council, to which shall accrue:
1. The amounts allocated by the State in its budget to support the Fund.
2. Fines and compensation adjudged or agreed upon for damage to the environment.
3. Any other resources approved by the Supreme Council.

* Replaced by Law No. 99 of 2015 (Kuwait Al-Youm, Issue No. 1252, 6 September 2015).

Article 14

The Supreme Council for the Environment shall issue a resolution on the internal regulations of the Fund, determining its purposes and its working system.

Article 15

The Fund shall be competent for the following:
1. Establishing projects aimed at protecting the environment and its resources and preserving its natural balance.
2. Supporting efforts to contain environmental disasters and crises.
3. Establishing projects for the rehabilitation of damaged sites in the State.
4. Encouraging the transition towards a green economy and sustainable development.
5. Supporting investment in the field of environmental science and technology and developing national cadres to work in this field.
6. Supporting investment in the environmental education sector and establishing educational and awareness centres associated with environmental fields.
7. Supporting special environmental studies and research related to the projects of the Fund.
8. Supporting official environmental civil society institutions, and working to encourage the participation of the other institutions of society working in non-environmental fields, in a manner that enables them to push towards participation in environment protection, each according to its competence.

Part One – Development and the Environment

Chapter One – Environmental Impact Assessment

Article 16

All entities subject to the provisions of this Law shall be prohibited from commencing the implementation of any project, introducing any modifications or expansions to existing activities, or obtaining any licences therefor, except after conducting environmental impact assessment studies in accordance with the systems, requirements and procedures determined by the Executive Regulations of this Law.

Article 17

No entity, whether a company, institution, consultancy office, centre, laboratory or any other multi-activity entities, may practise any activity, services or consultancy in the environmental field except after obtaining the approval of the Authority thereto in accordance with the requirements and procedures determined by the Executive Regulations of this Law.

Chapter Two – Occupational Environment and Indoor Environment

Article 18

All facilities shall comply with all the engineering and environmental requirements determined by the Executive Regulations of this Law.

Article 19

All facilities shall, in practising their activities, ensure the safety of workers and that they are not exposed to any harm resulting from the emission or leakage of polluting materials in the work environment, whether resulting from the nature of the facility’s practice of its activity or from a malfunction in its equipment, and shall take the measures, precautions and arrangements necessary so as not to exceed the permissible safe limits of exposure to chemicals, noise and vibrations, heat and humidity, lighting and ultrasonic waves, non-ionising radiation, and any other requirements determined by the Executive Regulations of this Law.

Article 20

Enclosed and semi-enclosed public places shall be required to be equipped with adequate means of ventilation commensurate with the size of the place, its capacity and the type of activity practised therein, in a manner that ensures the renewal and purity of the air, with compliance with the air flow rates determined by the Executive Regulations of this Law.

Part Two – Protection of the Land Environment from Pollution

Chapter One – Management of Chemicals and Hazardous Waste

First – Management of Chemicals

Article 21

It is prohibited to produce or handle the chemicals determined by the Executive Regulations of this Law except after obtaining a licence from the competent entity, after obtaining the approval of the Authority.
The Authority may suspend the activity or apply to the entity that granted the licence for its cancellation if the product is proven to be hazardous environmentally or to health. In all cases, the approval of the Authority for the product shall be obtained before it is marketed or imported.

Article 22

All entities that produce, package, handle, store, transport, import or export chemicals, or pass them through the territory of the State of Kuwait, shall comply with the environmental procedures and standards determined by the Executive Regulations of this Law.

Article 23

The approval of the concerned entities shall be obtained upon importing or exporting hazardous substances and chemicals. It shall also be a condition for permitting this that the procedures of inspection, conformity and verification be completed by the concerned entities or by companies qualified for this purpose. The Executive Regulations of this Law shall determine the procedures and requirements regulating this, the required records, and the responsibilities of the concerned entities in respect thereof.

Article 24

The Authority shall, in coordination with the competent entities, undertake the implementation of the requirements of international agreements relating to the management of chemicals and hazardous substances and waste, and the implementation of comprehensive national surveys of emissions of chemical compounds. The Authority shall also, within two years of the issuance of this Law, undertake the preparation of the national programme for chemical safety and the setting of the plans and timetables for its implementation, in cooperation with the concerned entities in the State.

Second – Management of Hazardous, Medical and Municipal Solid Waste and Sludge

Article 25

It is prohibited to import, bring in, bury, dump or store nuclear waste, or to dispose of it in any form whatsoever, in the entire territory of the State of Kuwait.
It is also prohibited, without a prior permit from the Authority, to allow the passage of marine, air or land means of transport carrying any of such waste through the territory of the State, in coordination with the concerned entities in the State.

Article 26

It is prohibited to handle low-level radioactive waste generated by hospitals or certain industries without a prior licence from the concerned entities, and such waste shall be disposed of in accordance with the environmental conditions and standards determined by the Executive Regulations.

Article 27

It is prohibited to import or export hazardous waste or to allow its entry or passage through the territory of the State of Kuwait. Excepted from this is the export of hazardous waste for whose disposal the State does not possess the technical capacity and the necessary facilities or the appropriate means or ports; in all cases, the approval of the Authority thereto shall be obtained.

Article 28

It is prohibited to collect, transport or dispose of municipal solid waste and hazardous waste, healthcare waste, and sludge resulting from sewage and industrial waste without a licence from the concerned entities. The Executive Regulations of this Law shall determine the procedures and conditions for granting such licences and the mechanism for handling and dealing with such materials.

Article 29

Hazardous waste, municipal solid waste, healthcare waste and sludge of all types shall be disposed of in accordance with the environmental conditions and standards determined by the Executive Regulations of this Law. It is also prohibited to dispose of waste of all types by direct landfilling in sites not environmentally designated.

Article 30

Municipal solid waste shall be disposed of in accordance with the environmental conditions and standards determined by the Executive Regulations of this Law. The concerned entities shall accomplish and complete the infrastructure for municipal solid waste recycling works within a maximum of five years from the date of issuance of this Law.

Article 31

The sources from which hazardous waste, healthcare waste or sludge is generated, in addition to the competent entities charged with collecting, transporting and disposing of waste of all types, shall provide the Authority with the details of such waste and keep a special register. The Executive Regulations of this Law shall determine the required data and the mechanism for its transfer and management.

Article 32

It is prohibited to dump, treat or incinerate municipal solid waste except in the facilities designated for that purpose, and distance from human settlements and environmentally sensitive areas shall be observed in this respect. The Executive Regulations of this Law shall determine the specifications and controls relating to such facilities and their locations.

Article 33

It is prohibited to throw refuse or waste of whatever type except in the containers designated for that purpose.

Article 34

The Authority shall, in coordination with the competent entities, undertake the preparation of the national programme for integrated waste management, including the preparation, development and updating of a national strategy for the integrated management of municipal solid waste, medical and liquid waste, and hazardous waste, accompanied by action plans, the responsibilities of State institutions, control and monitoring programmes, and timetables for their implementation. The Authority shall submit the programme to the Supreme Council for approval within a maximum of three years from the issuance of this Law.

Article 35

It is prohibited to connect the sanitary and industrial liquid waste of industrial areas to the public networks for rainwater and sewage, and the competent entities shall establish special plants for these areas within a maximum of seven years from the date of issuance of this Law.

Article 36

It is prohibited to establish new landfills in the State of Kuwait or to expand existing ones except with the approval of the Supreme Council; in all cases, environmental impact studies shall be conducted, and upon establishing or expanding them, the conditions set out in the Executive Regulations of this Law shall be complied with.
The concerned entities shall set a detailed plan for the management, assessment, treatment and reclamation of all landfills in the country within one year from the date of issuance of this Law, provided that it is submitted to the Supreme Council for approval.

Article 37

The concerned entities shall, within five years from the date of issuance of this Law, carry out a complete inventory of the types, quantities and locations of asbestos waste in the country, and shall dispose of this hazardous waste at a site qualified for that purpose. The State shall bear the financial obligations arising from the operations of collecting, transporting and disposing of such waste from private housing and government facilities.

Article 38

The entities concerned with the construction of sewerage networks and rainwater networks shall obtain the environmental approvals before their construction, and shall maintain and monitor them in a manner that ensures the safety of the marine environment and the quality and efficiency of work at treatment plants.

Article 39

The concerned entities shall set the standard specifications for all recycled materials and the nature, type and mechanisms of their use in a manner that achieves safety and efficiency of use. The State shall also work to give preference in its projects to recycled materials within the territory of the State that conform to the standard specifications, in support of recycling industries.

Chapter Two – Protection of the Terrestrial and Agricultural Environment from Pollution

Article 40

Anyone who frequents land areas for the purpose of setting up camps or for any other purpose shall be prohibited from carrying out any activity that would harm the soil, affect its natural properties, or pollute it in a manner that affects its productive capacity. The Executive Regulations of this Law shall determine the requirements and standards that shall be adhered to.

Article 41

It is prohibited to engage in grazing or to exploit land for irrigated agriculture or any other activity that would harm the quantity or quality of the vegetation cover in any area, leading to desertification or the degradation of the terrestrial environment.
It is also prohibited to damage crops, plants and trees or to pick flowers in squares, streets and public utilities, or to uproot trees and wild plants on public lands.
Excepted from this is what the Executive Regulations of this Law determine for development purposes; in all cases, there shall be an obligation to compensate for the green spaces and trees that have been uprooted.

Article 42

The Authority shall, in cooperation with the concerned entities, determine the requirements relating to pesticides, fertilisers and soil conditioners with regard to the following:
1. The types and specifications of such materials that may be produced, manufactured, imported, handled or used in the State.
2. The permissible limits of pesticide residues on locally produced or imported foods.
3. The conditions that shall be adhered to for the disposal of pesticide waste, of the compounds used in their manufacture, or of those whose validity for use has expired.
4. The procedure for registering such materials or renewing their registration.
5. The conditions and specifications for taking samples of such materials, the methods of their analysis, and the evaluation of the results of the analysis.
6. The manner of monitoring, assessing and treating the pollution resulting from the handling or the unsafe or incorrect use of such materials.

Article 43

It is prohibited to spray or use organochlorine pesticides and pesticides or any other chemical compounds for the purposes of agriculture, public health or other purposes, except after observing the conditions, controls and safeguards determined by the Executive Regulations of this Law.

Article 44

The entity competent for the activity of extracting or importing quarry materials shall, in cooperation with the Authority and the other competent entities, determine the areas and lands designated for the extraction of such materials, or regulate the existing ones, in accordance with the conditions and procedures specified in the Executive Regulations of this Law; in this respect, such lands shall be determined on the basis of geological and environmental surveys of the various areas in the territory of the State.

Article 45

The entity granting the licence for the quarry materials activity shall monitor all activities relating to this activity, such as the extraction, handling, import, storage and sale of such materials; this shall include supervision, control, the prevention of violations, and the enforcement of the penalties provided for in this Law.

Article 46

No quarry may be established, expanded, developed, merged or divided into more than one project, nor may any change be made thereto, except under a licence to that effect issued by the concerned entity; and licences to practise this activity may not be granted except to companies qualified by the competent entities.
In all cases, those practising this activity shall rehabilitate the sites after the end of their works period in accordance with the requirements set by the Authority in this regard.

Article 47

When establishing facilities in the terrestrial environment, means of protection against sand encroachment and of limiting its environmental and economic effects shall be applied in the manner set out in the Executive Regulations of this Law.

Part Three – Protection of Ambient Air from Pollution

Article 48

The Authority shall undertake continuous monitoring and assessment operations and prepare research and studies to preserve air quality and limit the harmful effects resulting from the emission of polluting gases; and the Executive Regulations of this Law shall determine the air quality standards.
The Authority shall, in coordination and cooperation with the competent concerned entities, take the necessary measures when those standards are exceeded.

Article 49

The Authority shall, in coordination with the concerned entities, prepare and develop a national strategy for air quality management in the State of Kuwait and set the action plans and timetables necessary for its implementation; the Authority shall also update and evaluate this strategy every five years.

Article 50

The Authority shall publish air quality indicators on websites and inform the public of air quality levels and of the measures to be taken when concentrations reach levels at which the health of the community, or of a particular group thereof, may be affected.

Article 51

The Authority shall establish, develop and update a national network for the continuous monitoring and surveillance of air quality in the State of Kuwait; government and private entities shall also establish air quality monitoring and surveillance systems within the scope of their works and activities and link them to the Authority in the manner set out in the Executive Regulations of this Law.

Article 52

All facilities, in carrying out their activities, shall not emit or leak air pollutants in excess of the permissible limits determined by the Executive Regulations of this Law.
The person in charge of the facility shall use appropriate means for the continuous monitoring of gas emission rates from the various sources in the facility and shall notify the Authority immediately upon their exceeding the maximum permissible limits; and the Executive Regulations of this Law shall determine the facilities to which the provision of this paragraph applies.

Article 53

The owner or operator of the facility shall carry out periodic maintenance of machinery and equipment and take all necessary precautions to prevent the occurrence of any leakage, emission or pollutants resulting in pollution of the environment.

Article 54

All entities and individuals, when carrying out production, service or other activities, and in particular when operating machinery and equipment and using horns and loudspeakers, shall not exceed the permissible limits for the noise level, and this shall be in a place designated therefor and shall not go beyond it.
The licensing entities shall ensure the use of appropriate machinery and equipment such that the total sounds emitted from fixed sources in a single area are within the permissible limits.
The Executive Regulations of this Law shall set out the permissible limits for sound intensity and the duration of the period of exposure thereto.

Article 55

It is prohibited to establish facilities that emit noise and cause harm to the neighbouring environment; and the Authority shall ensure the application of noise reduction systems on roads and public projects and around human settlements, in accordance with the controls set out in the Executive Regulations of this Law.

Article 56

Smoking shall be absolutely prohibited on public transport.
Smoking shall also be prohibited in enclosed and semi-enclosed public places, except in the places designated therefor, in accordance with the requirements and controls determined by the Executive Regulations of this Law.
Advertising and promotion of cigarettes, types of tobacco and its derivatives and accessories shall also be absolutely prohibited in the territory of the State of Kuwait,
and all entities shall take all measures ensuring the prevention of smoking in these places in a manner that ensures the prevention of harm to others.

* Replaced by Law No. 99 of 2015 (Kuwait Al-Youm, Issue No. 1252, 6 September 2015).

Article 57

The competent entity shall prepare, develop, implement and update the national plan for the phase-out of ozone-depleting substances and supervise its implementation – in cooperation with the concerned entities and regional and international organisations – and the competent entity shall submit an annual report to the Board of Directors on the progress of the plan; and the Executive Regulations of this Law shall determine the competent entity and its working mechanism.

* Replaced by Law No. 99 of 2015 (Kuwait Al-Youm, Issue No. 1252, 6 September 2015).

Article 58

It is prohibited to import, export or re-export substances controlled under the international conventions regulating ozone-depleting substances, or their mixtures or alternatives, or substances recycled therefrom, except after obtaining the approval of the Authority. The Executive Regulations of this Law shall determine the ozone-depleting substances and the requirements and standards relating thereto, and new substances may be deleted or added by a decision of the Director General.

Article 59

It is prohibited to manufacture or import any appliances, equipment and products that contain or operate on the controlled substances referred to in the preceding Article, including trucks, vehicles, aerosol cans, sprays, all refrigeration and air-conditioning appliances, drinking water coolers, insulating materials and synthetic foam, except after obtaining the approval of the Authority.

Article 60

The controlled substances referred to in Article (59) of this Law may not be manufactured or used in any new industries or constructions, or in the expansion of existing facilities, or in cleaning operations of electronic circuits, industrial equipment and air-conditioning and refrigeration systems, or in sterilisation, or in the drying of clothes, except after obtaining the approval of the Authority.

Article 61

The Authority shall, in coordination with the competent concerned entities and within two years from the date of entry into force of this Law, establish a halon bank to inventory the available and imported quantities of these substances and to control them. The Executive Regulations of this Law shall determine the competence and working system of this bank.

Article 62

It is prohibited to import, export or manufacture the controlled substances listed in Annexes (B, C, E) of the Montreal Protocol, or to import or export appliances and equipment containing these substances, except after obtaining the approval of the Authority.

* Replaced by Law No. 99 of 2015 (Kuwait Al-Youm, Issue No. 1252, 6 September 2015).

Article 63

All entities and individuals, when repairing and maintaining appliances and equipment containing any of the controlled substances, shall comply with the requirements and standards determined by the Executive Regulations of this Law.

Article 64

It is prohibited to dispose of containers and cylinders, or their residues, containing controlled substances except in accordance with the requirements and controls set out in the Executive Regulations of this Law.

Part Four – Protection of the Aquatic and Coastal Environment from Pollution

Chapter One – Protection of the Marine Environment from Pollution

First – Scope of Protection

Article 65

The Authority shall prepare, and follow up the implementation of, the national plan for the management of the marine environment, accompanied by a timetable for the implementation stages, the responsibilities of the concerned entities in respect thereof and the requirements for its implementation.

Article 66

The Authority shall establish a national network for the monitoring and surveillance of the marine environment covering all the territorial waters of the State of Kuwait and including the monitoring of all indicators of the environmental status of the marine environment; the Authority shall also provide all requirements for the success of the network, including infrastructure such as laboratories, the qualification of national cadres and others, within five years from the issuance of this Law; and all concerned State institutions shall cooperate with the Authority in implementing this plan.

Article 67

The provisions of this Chapter shall apply to all ships, equipment, ports and land, marine and air facilities located within the marine areas, the upper air layers above them, and the seabed and subsoil thereof, provided for in Article (68) of this Law, whatever their form or shape and whether fixed or mobile, as well as floating and submerged pipelines and loading, unloading, discharge and other facilities; they shall also apply on the high seas if pollution in the prohibited waters results therefrom.
Warships and military means of transport and the like shall be excluded from the application of the provisions of this Chapter, and the ships and means of transport excluded from the application of the provisions of this Part shall take all precautions ensuring the prevention of pollution of the prohibited marine areas.

Article 68

The following marine areas, the upper air layers above them, and the seabed and subsoil thereof, shall be deemed areas in which it is prohibited to cause any pollution of the marine environment by harmful substances, whatever its cause, source and quantities, and the commission of any such act shall be deemed a crime in accordance with the provisions of this Law:
(a) The internal waters of the State of Kuwait lying behind the closing line of Kuwait Bay.
(b) The territorial sea of the State of Kuwait, which extends to a distance of 12 nautical miles from the baseline.
(c) The zone contiguous to the territorial sea, which extends to a distance of 24 nautical miles from the baseline from which the breadth of the territorial sea is measured.
(d) The waters adjacent to the territorial sea, which extend to a distance of 50 nautical miles from the baseline from which the breadth of the territorial sea is measured.

Article 69

The Authority shall, in cooperation and coordination with the other concerned entities in the State, set, within two years from the date of issuance of this Law, an integrated national plan aimed at mobilising the capabilities available to all entities operating within the prohibited marine areas and the relevant entities, including equipment, machinery, materials and expertise, to respond to and combat pollution incidents and the like. The Executive Regulations shall determine the entity concerned with managing the plan and the mechanism of coordination and work for its application.

Second – Pollution from Ships and Land-Based Sources

Article 70

Ships using the prohibited marine areas shall be equipped with the equipment and devices for pollution prevention and waste treatment in accordance with international requirements.

Article 71

All onshore sites, ships designated for the carriage of oil of a tonnage of one hundred and fifty tons or more, and all other ships of a tonnage of four hundred tons or more shall maintain a special emergency plan to combat any oil pollution that may result from them, and provide the devices and equipment necessary to apply this plan.

Article 72

Ships, whatever their nationality, are prohibited from discharging or dumping oil, its residues or other harmful substances in the prohibited area. They shall discharge residues and waste causing pollution at reception facilities.

Article 73

All industrial, commercial and tourist facilities, private housing and others, whether governmental or non-governmental, are prohibited from discharging any substances, waste or liquids likely to cause pollution of the beaches or the waters adjacent thereto, whether voluntarily or involuntarily, directly or indirectly.

Article 74

The owner or holder of any place on land or of any device designated for storing or transporting oil, waste, sewage or any other harmful substances is prohibited from discharging them in the prohibited area.

Article 75

National and foreign companies and bodies licensed to explore, extract or exploit offshore oil fields and other marine natural resources, including the transport of oil, are prohibited from discharging any polluting substances or water associated with drilling, exploration, well-testing or production operations in the prohibited areas.

Article 76

National and foreign companies and bodies licensed to combat pollution in the prohibited areas shall use safe means that do not result in harm to the marine environment, and shall treat polluting substances in accordance with the latest technical systems and in a manner consistent with the provisions of this Law and the regulations implementing it.

Article 77

No ship or facility may be abandoned in the prohibited marine areas without obtaining a permit from the Authority, which shall determine the conditions and procedures to be followed when submitting an abandonment application.
All of the foregoing shall be without prejudice to civil liability for compensation for the losses and damage resulting from the pollution and the removal of its effects.

Third – Records and Administrative Procedures

Article 78

Ships carrying harmful or polluting substances shall keep a cargo record book in which the master or any other person in charge of the ship shall enter all data relating to the cargo, its destination and the precautions taken to prevent the occurrence of any pollution, in accordance with international requirements.

Article 79

All ships designated for the carriage of oil shall keep an oil record book in which the master or any other person in charge of the ship shall enter the date, time and location of all oil loading, transfer and unloading operations for each cargo separately; and the Executive Regulations of the Law shall determine the records that ships are required to keep.

Fourth – Administrative and Judicial Procedures

Article 80

The person in charge of any means, equipment, or land, marine or air facility shall, in the event of any incident of pollution of the marine environment by oil or other harmful substances, report it immediately to the entities determined by the Executive Regulations of this Law.

Article 81

The Executive Regulations of this Law shall determine the following matters:
1. The conditions to be met by Kuwaiti ships and the certificates they carry, and the rules and procedures for their inspection in accordance with local and international requirements.
2. The guarantee certificates accepted to cover pollution risks that are required to be held by Kuwaiti and foreign ships and all land and marine facilities present in the prohibited marine areas.
3. The rules of settlement in respect of violations occurring under the provisions of this Chapter.
4. The fees collected by the State in return for the services it provides, including the fees of pollution control inspectors, and the determination of the entity concerned therewith.
5. The cases of detention of ships and other means, the mechanism for closing the facilities and properties that caused the pollution, and the procedures for their release.
6. The rules relating to the inspection of ships and other means and facilities.
7. The mechanism for forming the technical committees concerned with assessing the cost of pollution control measures and the environmental damage for each pollution incident, and the determination of the entity to which they report.
8. The issuance of the licences necessary for the construction and management of reception facilities for polluting substances.

Article 82

The owner of a ship carrying polluting substances, as well as of devices for storing and transporting oil and harmful substances operating in the prohibited marine areas provided for in Article (68), shall submit to the competent entity a financial guarantee or a bank guarantee to cover civil liability for marine pollution damage in accordance with the controls determined by the Executive Regulations of this Law. A valid guarantee certificate shall be submitted to the competent entity upon the ship’s entry into the territorial waters of the State of Kuwait.

Article 83

Each of the following shall be responsible for pollution in the prohibited marine areas referred to in Article (68) of this Law:
(a) The owner of the ship or aircraft, the operator or the master, if the pollution occurs from a ship or aircraft.
(b) The owner or the operator of the facility, if the pollution occurs from the facility.
(c) The owner, user or holder of the device, if the pollution occurs from a device for storing oil or for storing harmful substances.
(d) The shipowner or the master, or the owner of the facility, where it was abandoned before obtaining a permit for abandonment.

Article 84

The person responsible for the pollution provided for in this Chapter may limit the liability arising from marine pollution incidents in the prohibited area for each incident to a maximum not exceeding fifteen million Kuwaiti Dinars (KD 15,000,000), or an amount of eighty Kuwaiti Dinars (KD 80) for each registered ton of the tonnage of the ship or of the device designated for storing oil or harmful substances, whichever is less.

Article 85

Civil liability may not be limited pursuant to the preceding Article in the following cases:
(a) If it is proven that the event giving rise to the civil liability was due to non-compliance with environmental requirements, or to negligence and gross errors.
(b) Violation of the regulations and of safety and navigation systems.
In all cases, the limitation of liability shall not include the expenses of clean-up, of removing or limiting the pollution, and of rehabilitating the environment.

Article 86

The competent entity shall notify the Ministry of Foreign Affairs in order to inform the diplomatic or consular representatives of the State to which the source of pollution that caused the pollution incident belongs, in accordance with the provisions of this Law, of what it has committed, the supporting evidence and the measures taken by the State; the competent entity shall also have the right to notify neighbouring countries, in addition to regional and international organisations, of the incident.
The Executive Regulations shall determine the competent entity and the responsibilities of the other State entities with respect to incidents.

Article 87

The Supreme Council shall authorise the Concerned Minister to assign the employees necessary to monitor the implementation of the provisions of this Chapter and of the regulations and decisions implementing it, and to establish violations of its provisions. These employees shall have the capacity of judicial police and, to that end, shall have the right to enter the facilities, means, equipment and ships located within the prohibited marine areas and those located on land which have contributed or may contribute to pollution; and they shall have the right to inspect, gather evidence, seize cases in violation of the provisions of this Chapter, draw up the necessary reports and refer them to the Public Prosecution, and they shall have the right to seek the assistance of police officers.
The employees charged with implementing the provisions of this Law and the regulations and decisions implementing it, referred to in this Article of this Law, shall also take an oath before the Concerned Minister, or whomever he delegates from the entity to which they belong, in the following terms:
(“I swear by Almighty God to perform my work with honesty, sincerity, integrity and honour, and not to disclose any work secret that I have come to know by virtue of my position, even after leaving the work.”)

* Replaced by Law No. 99 of 2015 (Kuwait Al-Youm, Issue No. 1252, 6 September 2015).

Chapter Two – Drinking Water and Groundwater

Article 88

The Authority shall, in cooperation and coordination with the concerned entities, preserve water sources in the State of Kuwait in a manner that ensures the safety of drinking water in accordance with the standards of the World Health Organization and the standards and requirements determined by the Executive Regulations of this Law.

Article 89

The Authority shall, in cooperation and coordination with the concerned entities, prepare a national programme for the management of drinking water in the country within five years from the date of issuance of this Law, provided that the programme includes the responsibilities of the concerned State institutions and the mechanisms of coordination among them, and determines monitoring and surveillance programmes for all stages of production, transport and distribution and plans for protecting the water sources used, such as seawater and groundwater; the Authority shall also update this programme every seven years at most.

Article 90

The competent entities shall monitor and supervise the quality of drinking water of all types produced locally in desalination plants or from groundwater, bottling plants and others, as well as all types of water imported from outside the territory of the State, including bottled drinking water, mineral water and the like; and the Executive Regulations of this Law shall determine the responsibilities of the competent entities, the mechanisms of supervision, monitoring and audit, and the conditions for the production, transport, storage, testing, handling and marketing of water in the State.

Article 91

The Authority shall, in cooperation with the competent entities, publish all data and results relating to drinking water quality to consumers, and shall also ensure the continuity of the awareness programmes related thereto.

Article 92

The competent entity shall preserve drinking water in the internal networks of government facilities and buildings, such as schools, hospitals, bodies and others, and monitor it through documented periodic testing; all private entities shall also ensure water quality within the scope of their facilities; and the Executive Regulations of this Law shall determine the conditions and standards to be observed to achieve this.

Article 93

The competent entity shall ensure the fitness of fresh water transport tanks (transport tankers) to ensure the preservation of the quality of drinking water transported to consumers, and shall also supervise water quality at the sites where it is filled.

Article 94

Products relating to drinking water, such as filters and coolers, may not be sold, handled or marketed without obtaining the necessary approvals from the competent entity; and the Executive Regulations of this Law shall determine the conditions to be observed in this regard.

Article 95

Drinking water transport means, tanks, connections and coolers shall meet the requirements and standards determined by the Executive Regulations of this Law to ensure that drinking water remains fit for human consumption.
The Authority shall, in coordination with the competent entities, carry out periodic testing of drinking water tanks, connections and coolers to verify their fitness, and the owners of buildings and facilities shall be notified of the procedures to be followed; in the event of non-compliance with these procedures, the necessary repairs may be carried out at their expense.

Article 96

Groundwater and surface water are a national wealth; they may not be exploited, and wells may not be drilled, without prior permission from the competent entities. The Authority shall supervise the exploitation of such water in a manner that ensures its protection from pollution and its sustainability. The Executive Regulations of this Law shall specify the competent entities, the responsibility of each of them, and the requirements and standards associated therewith.

* Replaced by Law No. 99 of 2015 (Kuwait Al-Youm, Issue No. 1252, 6 September 2015).

Chapter Three – Protection of the Coastal Environment from Pollution

Article 97

It is prohibited to extract rocks and gravel, remove beach sand, backfill beaches, or build slipways or breakwaters, cement and rock walls or other structures, except after the approval of the Authority and the concerned entities and compliance with all the requirements and standards specified by the Executive Regulations of this Law.

Article 98

It is prohibited to use evaporation pond pits to dispose of polluted water associated with production in oil fields, provided that the best methods for recycling or treating such water on site are selected, with compliance with the requirements and standards set out in the Executive Regulations of this Law in this regard.

Article 99

When establishing water desalination plants, electric power generation plants, ports, harbours or other coastal facilities, the environmental approvals of the Authority and the necessary permits of the competent entities shall be obtained, and the requirements and standards specified by the Executive Regulations of this Law shall be complied with.

Part Five – Biological Diversity

Chapter One – Endangered Wildlife

Article 100

It is prohibited to hunt, kill, capture, collect, harm, possess or transport terrestrial and marine wildlife, whether alive or dead, or to interfere with the young of such organisms or with their eggs, nests or habitats. The Executive Regulations of this Law shall specify the species and numbers of organisms permitted to be hunted in specified seasons and places.
Hunting for scientific purposes, after the approval of the competent concerned entities in coordination with the Authority, shall be excepted from the foregoing.

Article 101

It is prohibited to trade in endangered wildlife, or in any part or product thereof, listed in the CITES Convention and other applicable international conventions. Certain other species may be added by decision of the Director General in cooperation with the competent entities.
Excepted from the foregoing are the cases licensed by the competent entities, after the approval of the Authority, for scientific or therapeutic purposes or for zoos or exhibitions.

Chapter Two – Nature Reserves

Article 102

The protected areas in the State shall be designated by decision of the Supreme Council. The decision shall include their geographical boundaries, classification and regulation, and the manner of their management and monitoring, in a manner that ensures their protection from pollution and the conservation of biodiversity and natural heritage.

Article 103

Nature reserves, ecological enclosures, areas fenced off for research and scientific purposes, border areas isolated for protection purposes, and the like shall be deemed areas subject to the environmental requirements and laws pertaining to nature reserves, as specified by the Executive Regulations of this Law. All concerned State entities shall coordinate with the Authority in the management of these areas.

Article 104

No part of the reserves approved in the State may be excised except by decision of the Supreme Council, after the Authority has presented the reasons therefor. In all cases, no part thereof containing biological or natural diversity not found in other locations in the country may be excised.

Article 105

It is prohibited to introduce into nature reserves any species of animals or plants that do not belong to the environment, or to carry out any act that would obstruct the efforts made to conserve the natural environment in general or impair it, or to interfere with or harm terrestrial or marine organisms within the reserves, or to damage their contents in any manner whatsoever, including in particular the following:
1. Fishing for fish, shrimp, oysters and other living organisms.
2. Collecting shells, coral and other marine animals, or harming them in any manner whatsoever.
3. Introducing predatory animals, or hunting, killing, capturing or chasing wild animals, destroying their nests or burrows, or disturbing them in any manner whatsoever.
4. Grazing, or introducing sheep, livestock or other grazing animals.
5. Damaging or uprooting wild plants, or lighting fires for any reason whatsoever.
6. The movement of cars and vehicles of all kinds outside paved roads or the tracks designated for that purpose.
7. The sailing or anchoring of ships and boats, and the movement of amphibious vehicles or other similar vehicles, in tidal areas and mudflats.
8. The take-off and landing of aircraft of all kinds, or flying at low altitudes over or near the reserve.
9. Construction works, erecting floating structures or fixed drilling platforms, carrying out backfilling operations, or constructing moorings, breakwaters or the like.
10. Setting up camps or recreational facilities, whether permanent or temporary.
11. Damaging or sabotaging the fences of the reserves in any manner whatsoever.
12. Prospecting for or extracting minerals, exploiting stone pits and quarries, using explosives, uprooting coral rocks or coastal rocks, removing sand, or carrying out backfilling operations or other works that lead to a change in the coastline or in the topography of the marine or terrestrial reserve.
13. Discharging, dumping or burying liquid or solid polluting substances or hazardous substances, using pesticides or poisons or introducing them into the reserves, or dumping human waste or ship waste of oils or otherwise.
14. Carrying out blasting operations or firing, or training therefor.

* Clause 3: the words rendered literally as “running animals” and “destroying them their nests” are as printed in the Official Gazette; the more likely reading is “predatory animals” and “destroying their nests”.

Article 106

The competent entity determined by the Supreme Council shall manage the nature reserves in the territory of the State, and the Supreme Council shall have the right to assign to other entities the tasks of supervising certain reserves or enclosures. In all cases, the Authority shall approve the policies, plans, programmes, decisions and regulations relating to the management of the reserves. The Authority shall also supervise the continuous monitoring and surveillance operations to ensure the implementation of the plans, decisions and regulations relating to the reserves, as well as the implementation of the programmes for the protection and propagation of animals and plants, particularly endangered species, and the reintroduction of extinct species.

Article 107

The competent entities shall determine the grazing carrying capacity in terrestrial areas on the basis of the capacities of the rangelands in the State, and the competent entities shall update the grazing sites at intervals not exceeding ten years. In all cases, grazing in all its forms shall be prohibited on the islands and in nature reserves. The competent entities shall also provide the monitoring capabilities necessary therefor. The Executive Regulations of this Law shall specify the competent entities, the responsibilities of each of them, and the mechanism for issuing the annual follow-up reports.

Chapter Three – Kuwait Bay

Article 108

In Kuwait Bay, being an area of a special nature, it is prohibited to carry out any environmentally harmful activity, in particular the following activities:
1. Discharging sanitary or industrial wastewater, or dumping any waste.
2. Carrying out disposal operations for the material dredged in deepening navigation channels.
3. Setting up fixed fish traps and fish farms.
4. Building chalets on its coasts.
5. Fishing for all marine organisms, except as specified by the Executive Regulations, taking into account the provision of Article (121) of this Law.
Any other activities having a negative environmental impact on the Bay may be prohibited by decision of the Supreme Council, based on the recommendations of the Authority in this regard.
In all cases, the approval of the Supreme Council shall be required for projects established within the waters of Kuwait Bay or on its coasts.

* Replaced by Law No. 99 of 2015 (Kuwait Al-Youm, Issue No. 1252, 6 September 2015).

Article 109

The Supreme Council shall issue a national plan for managing the environmental situation in Kuwait Bay, including the requirements for monitoring, protection and rehabilitation and for the approval of projects established within its scope, within three years from the date of issuance of this Law. The Council shall also update the plan every ten years, and all State institutions shall support this plan and comply with its contents.

Article 110

The approval of the Supreme Council shall be required for all oil sector projects within Kuwait Bay. In all cases, all oil companies operating in this area shall, after the approval of the Supreme Council, apply the highest available levels of protection to their operations, in order to ensure the protection of the environmental situation of Kuwait Bay.

Part Six – Environmental Management

Chapter One – Environmental Strategies

Article 111

The competent entities shall develop clear action strategies within the scope of their environment-related work, accompanied by timelines, implementation mechanisms and the projects attached thereto. The Supreme Council shall have competence to determine the entities concerned with preparing these strategies, approving them and following up annually the stages of their implementation. The Authority shall also establish the general framework for preparing these strategies, supervise them and ensure integration among them.

Article 112

The preparation of these strategies shall be completed within five years from the date of issuance of this Law, and the concerned entities shall provide the financial appropriations necessary for their success. In all cases, the term of the strategies shall not be less than twenty years, and they shall be developed and updated every five years.

Chapter Two – Environmental Police

Article 113

A specialised military unit shall be established in the Ministry of Interior, called the “Environmental Police”, which shall follow up the application of environmental laws and requirements in the sectors and fields specified by the Supreme Council. The unit shall also support the work of the judicial police officers affiliated with the Authority.

Article 114

All the laws and decisions regulating the work of the police apparatus in the State shall apply to the Environmental Police. The Ministry of Interior shall have competence to manage the force and to provide all the capabilities necessary for the performance of its work, and shall submit an annual report on its work to the Supreme Council.

Article 115

The Minister of Interior shall have competence to issue a decision regulating the unit within six months from the date of issuance of this Law, provided that the unit commences its work within two years at most from the date of issuance of this Law.

Chapter Three – Environmental Data Management

Article 116

The Authority shall, in cooperation with the concerned entities in the State, establish a national plan for the management of environmental data, to be approved by the Supreme Council. All State entities shall share their data, whether environmental or related to environmental affairs, with the Authority on a periodic and direct basis. The Authority shall also publish the data and make it available to the population of the State of Kuwait in a documented and transparent manner. The Executive Regulations of this Law shall specify the types of data, the mechanism for their circulation and the responsibility of the entities therefor.

Article 117

All State institutions shall establish monitoring and surveillance systems for their projects and their work sites and connect them with the Authority. The Executive Regulations of this Law shall specify the types of projects and the mechanism of their connection with the Authority.

Chapter Four – Environmental Crises and Disasters

Article 118

The Authority shall, in cooperation with the competent entities, prepare emergency plans and natural hazard management plans, including for dust and sand storms, droughts, flash floods, earthquakes, incidents of mass mortality of fish and marine life and others, in addition to the environmental hazards that may result from human activities. In all cases, the competent entities shall manage these plans and provide the requirements for their success, and the Authority shall follow up their performance and submit the necessary reports thereon to the Supreme Council.

Chapter Five – Management Systems of the Authority

Article 119

Specialised environmental departments shall be established in State institutions to ensure the follow-up and application of environmental laws within the scope of work of these institutions. The Supreme Council shall determine the entities that shall establish these departments, and the Authority shall determine the scope of work and the organisational structure of these departments in coordination with the competent entities in this regard.

Article 120

The Supreme Council shall, when necessary, appoint environmental monitors, from among the employees of the Authority or from outside it, in State institutions to monitor the environmental performance therein, and the Supreme Council shall determine the time period and the specific tasks of their work and their remuneration. State institutions shall cooperate with the environmental monitors and provide them with all the data necessary for the performance of their work and the accomplishment of their required tasks.
The Executive Regulations of this Law shall specify the competences of the environmental monitors and the conditions required for their selection. In all cases, their qualification shall not be less than a university degree, and their years of experience shall not be less than 10 years.

Article 121

All concerned State institutions shall, in cooperation with the Authority, calculate the environmental carrying capacities within the scope of their work, such as rangelands, fisheries, air quality, groundwater and others. These institutions shall also ensure that such carrying capacities are maintained in a manner that achieves their environmental sustainability.

Article 122

All State institutions shall use energy-saving systems in their new facilities, and the Authority shall include energy-saving requirements within its environmental requirements.

Article 123

The concerned State entities shall, within two years from the date of issuance of this Law, specify the conditions and standard specifications for all energy-consuming devices, equipment, systems, machinery and materials, and the import of any materials not conforming to these specifications shall be prohibited. The Executive Regulations shall specify the entities concerned with setting the specifications, the mechanism for their issuance and ensuring their application.

Article 124

It is prohibited to damage, interfere with or trade in immovable or movable cultural heritage. It is also prohibited to establish civil or military facilities on archaeological sites of historical, touristic or religious value.

Chapter Six – Environmental Media and Awareness

Article 125

The State shall establish a Natural History Museum of the State of Kuwait for the purpose of promoting environmental citizenship and preserving the natural history of the State in all its geological, geomorphological, biological, marine and other forms, whether existing, lost or extinct, within five years at most from the date of issuance of this Law. The Supreme Council shall determine the government entity concerned with establishing this museum and the entity concerned with its management.

Article 126

It is prohibited to publish or spread false news or information about the environmental situation in the country, in all its components, that would lead to provoking panic or casting doubt on the quality of the environmental condition, unless based on scientific facts, out of concern for social security and the standing of the State.

Article 127

All property owners in the State shall improve the condition of their properties by restoring them and modifying their façades in a manner that prevents visual pollution and improves the general appearance. The competent entity, in cooperation with the Authority, shall set the detailed requirements in the Executive Regulations of this Law within one year from the date of issuance of this Law, and the competent entity shall also apply the provisions of the Executive Regulations in this regard within three years from the date of their issuance.

* Replaced by Law No. 99 of 2015 (Kuwait Al-Youm, Issue No. 1252, 6 September 2015).

Part Seven – Penalties

Article 128

Whoever violates the provisions of Articles (16, 17, 18, 26, 47, 126) of this Law shall be punished by a fine of not less than KD 5,000 and not more than KD 50,000.

* Replaced by Law No. 99 of 2015 (Kuwait Al-Youm, Issue No. 1252, 6 September 2015).

Article 129

Whoever violates the provisions of Articles (19, 20, 21, 22, 23, 43) of this Law shall be punished by imprisonment for a term of not more than three years and a fine of not less than KD 10,000 and not more than KD 50,000, or by either of these two penalties.

* Replaced by Law No. 99 of 2015 (Kuwait Al-Youm, Issue No. 1252, 6 September 2015).

Article 130

Whoever violates the provision of Article (25) of this Law shall be punished by death or life imprisonment and a fine of not less than KD 500,000 and not more than KD 1,000,000.
The penalty shall be life imprisonment and a fine of not less than KD 250,000 and not more than KD 500,000 for whoever violates the provision of Article (25 / first paragraph) of this Law.
Whoever violates the provision of Article (25 / second paragraph) shall be obliged to re-export the nuclear waste that is the subject of the offence at his own expense.

Article 131

Whoever violates the provisions of Articles (27, 28, 29, 30) of this Law shall be punished by imprisonment for a term of not less than three years and not more than ten years and a fine of not less than KD 20,000 and not more than KD 200,000, and whoever violates the provision of Article (25) shall be obliged to re-export the hazardous waste that is the subject of the offence at his own expense.

Article 132

Whoever violates the provisions of Articles (31, 35, 46) of this Law shall be punished by imprisonment for a term of not less than one year and not more than three years and a fine of not less than KD 10,000 and not more than KD 50,000, or by either of these two penalties.

* Replaced by Law No. 99 of 2015 (Kuwait Al-Youm, Issue No. 1252, 6 September 2015).

Article 133

Whoever violates the provision of Article (33) of this Law shall be punished by a fine of not less than KD 50 and not more than KD 500.

Article 134

Whoever violates the provision of Article (40) shall be punished by a fine of not less than KD 250 and not more than KD 5,000, and whoever violates the provisions of Articles (32, 127) of this Law shall be punished by a fine of not less than KD 500 and not more than KD 10,000, and in all cases the violator shall be obliged to remove the effects of the violation within the time limit set by the Authority. If he fails to do so, the Authority shall carry out the removal at his own expense.

* Replaced by Law No. 99 of 2015 (Kuwait Al-Youm, Issue No. 1252, 6 September 2015).

Article 135

Whoever violates the provision of Article (41) of this Law shall be punished by a fine of not less than KD 250 and not more than KD 5,000.

Article 136

Whoever violates the provision of Article (52 / first paragraph) and Article (53) of this Law shall be punished by a fine of not less than KD 30,000 and not more than KD 150,000, and the penalty shall be a fine of not less than KD 50,000 and not more than KD 200,000 for whoever violates the provision of Article (52 / second paragraph).

* Replaced by Law No. 99 of 2015 (Kuwait Al-Youm, Issue No. 1252, 6 September 2015).

Article 137

Whoever violates the provision of Article (54) and Article (55) of this Law shall be punished by a fine of not less than KD 500 and not more than KD 5,000, with confiscation of the devices and equipment used.

* Replaced by Law No. 99 of 2015 (Kuwait Al-Youm, Issue No. 1252, 6 September 2015).

Article 138

Whoever violates the provision of Article (56 / first paragraph) of this Law shall be punished by a fine of not less than KD 50,000 and not more than KD 200,000.
Whoever smokes in violation of the provision of Article (56 / second paragraph) shall be punished by a fine of not less than KD 50 and not more than KD 100. The manager responsible for the facility that violates the provision of the second paragraph of the said Article shall also be punished by a fine of not less than KD 1,000 and not more than KD 5,000.

Article 139

Whoever violates the provisions of Articles (58, 59, 60, 62) of this Law shall be punished by imprisonment for a term of not more than one year and a fine of not less than KD 10,000 and not more than KD 50,000, or by either of these two penalties. In all cases, the confiscation of the substances, equipment, devices and products that are the subject of the offence shall be ordered.

Article 140

Whoever violates the provisions of Articles (63, 64) of this Law shall be punished by imprisonment for a term of not more than six months and a fine of not less than KD 1,000 and not more than KD 5,000, or by either of these two penalties.

Article 141

Any person who intentionally causes a state of pollution in the marine areas provided for in Article (68) of this Law, in violation of the provisions of Articles (71, 72, 73, 74, 75, 76), shall be punished by imprisonment for a term of not more than six months and a fine of not less than KD 50,000 and not more than KD 200,000, or by either of these two penalties.

* Replaced by Law No. 99 of 2015 (Kuwait Al-Youm, Issue No. 1252, 6 September 2015).

Article 142

Any person by whom any pollution unintentionally occurs in the marine areas provided for in Article (68) of this Law, in violation of the provisions of Articles (72, 74, 73, 75, 76), shall be punished by a fine of not less than KD 30,000 and not more than KD 150,000.

Article 143

Any person who violates the provision of Article (77) and Article (82) of this Law, and any person who commits any of the following acts, shall be punished by a fine of not less than KD 10,000 and not more than KD 50,000:
1. Failure to equip the ship with pollution reduction equipment, in violation of the provisions of Article (70) of this Law.
2. Failure to take all adequate precautions to prevent or reduce the effects of pollution before and after the occurrence of damage to the ship or any of its equipment.
3. Failure to notify the competent administrative entity immediately of every incident of leakage of oil or any other substance, in violation of Article (80) of this Law.

* Replaced by Law No. 99 of 2015 (Kuwait Al-Youm, Issue No. 1252, 6 September 2015).

Article 143 bis

Any person who throws rubbish or waste of whatever kind on the public beaches and the Kuwaiti islands shall be punished by a fine of not more than KD 10,000.
The owner of a small boat whose users throw rubbish or waste of whatever kind into the marine environment shall be punished by a fine of not more than KD 10,000, and in the event of repetition of the act, the same penalty and confiscation shall be imposed.
The owner of a medium-sized, commercial or personal boat shall also be punished by a fine of not more than KD 30,000 if its users throw rubbish or waste of whatever kind into the marine environment, and in the event of repetition of the act, the same penalty and confiscation shall be imposed.
The owner of an oil tanker or a commercial ship shall be punished by a fine of not more than KD 1,000,000 if the crew of the ship throws rubbish or waste of whatever kind into the marine environment, and the penalty shall be doubled in the event of repetition of the act.
In all cases, the Authority may seize the boat or the ship until payment of the fine adjudged, provided that the proceeds of the said fines shall accrue to the Environment Protection Fund.

* Added by Law No. 99 of 2015 (Kuwait Al-Youm, Issue No. 1252, 6 September 2015).

Article 144

Without prejudice to the provisions of Articles (160, 161) of this Law, the Competent Minister or whomever he delegates for that purpose may, upon the request of the concerned parties, accept settlement in cases of unintentional pollution by the following:
1. Payment of an amount of not less than KD 50,000 in the event of committing a violation of the provisions of Articles (72, 73, 74, 75, 76).
2. Payment of the cost of the pollution control measures issued by the competent technical committee provided for in Article (81/ Clause 7) of this Law.
Acceptance of the settlement shall result in the lapse of the criminal action against the accused.

Article 145

Any person who commits any of the following acts shall be punished by a fine of not less than KD 10,000 and not more than KD 40,000:
1. Failure of the ship to keep the oil record book or the cargo record book with respect to other harmful substances referred to in Articles (78, 79) of this Law, or omitting to enter therein the data required to be entered, or entering incorrect data with knowledge thereof.
2. Failure of the ship to carry the international certificates relating to the prevention of pollution by oil prescribed under the international conventions, and those approved by the Competent Minister with respect to ships flying the flag of a State that has not acceded to the prescribed international conventions.

Article 146

The shipowner shall be punished by imprisonment for a term of not less than two months and not more than two years and a fine of not less than KD 10,000 and not more than KD 100,000, or by either of these two penalties, upon abandoning the ship or the facility in the prohibited marine areas without obtaining permission from the competent department, and he shall be obligated to bear the expenses of removing the effects of the violation in accordance with what is determined by the competent committee provided for in Article (81/ Clause 7) of this Law.

Article 147

Any person who violates the provision of Article (95/ first paragraph) of this Law shall be punished by a fine of not less than KD 100 and not more than KD 1,000.

Article 148

Any person who violates the provision of Articles (96, 97) of this Law shall be punished by imprisonment for a term of not more than one year and a fine of not less than KD 2,000 and not more than KD 20,000, or by either of these two penalties.

* Replaced by Law No. 99 of 2015 (Kuwait Al-Youm, Issue No. 1252, 6 September 2015).

Article 149

Any person who violates the provision of the first paragraph of Article (100) of this Law shall be punished by imprisonment for a term of not more than one year and a fine of not less than KD 500 and not more than KD 5,000, or by either of these two penalties, together with confiscation of the seized wildlife as well as the tools used.
Any person who violates the provision of the third paragraph of Article (107) and Article (108) of this Law shall also be punished by imprisonment for a term of not less than one year and not more than three years and a fine of not less than KD 5,000 and not more than KD 50,000, or by either of these two penalties.

Article 150

Any person who violates the provision of Article (105) of this Law shall be punished by imprisonment for a term of not more than one year and a fine of not less than KD 500 and not more than KD 5,000, or by either of these two penalties.

Article 151

Any person who violates the provision of Articles (101, 124) of this Law shall be punished by imprisonment for a term of not less than one year and not more than three years and a fine of not less than KD 5,000 and not more than KD 50,000, or by either of these two penalties, and in all cases the wildlife and archaeological artefacts that are the subject of the crime shall be confiscated.

Article 152

Any person who violates the provision of Article (173) of this Law shall be punished by imprisonment for a term of not more than one year and a fine of not less than KD 1,000 and not more than KD 5,000, or by either of these two penalties.

Article 153

The penalties provided for in this Law shall not apply to cases of pollution resulting from:
(a) Securing the safety of lives, means of transport or cargo.
(b) Discharge resulting from damage sustained by the ship or the aircraft or the equipment of either of them, provided that it has not been done with the knowledge of the person responsible for either of them with the aim of disabling or destroying them, or through negligence; and it is required in all cases that the person responsible for either of them has, before and after the occurrence of the damage, taken all adequate precautions to prevent or reduce the effects of the pollution and has immediately notified the competent department.
(c) A sudden rupture in a pipeline carrying oil or an oily mixture during operations or during drilling, exploration or testing of wells, without negligence in the monitoring or maintenance of the lines, and provided that adequate precautions are taken to monitor the operation of the lines and to control the pollution and its source immediately upon its occurrence.
All of the foregoing shall be without prejudice to the right of the injured party to have recourse against the person who caused the pollution for the costs of removing the effects resulting from the pollution and for compensation for the losses and damages resulting therefrom.

Article 154

In all cases, if the person responsible for the pollution reoffends within five years from the date of the first violation and commits any violation of the provisions of Chapter One of Part Four of this Law, the penalty shall be doubled, and the settlement rules provided for in this Chapter shall not apply to him.

Article 155

Any person charged with monitoring the implementation of the provisions of this Law and of the regulations and resolutions implementing it shall be punished by imprisonment for a term of not more than one year if the violation of those provisions occurs as a result of his complicity with the violator.

Article 156

Any person who commits any of the acts violating the provisions of this Law shall be punished by imprisonment for a term of not less than one year and not more than seven years if such act results in a permanent disability being inflicted on any person, and the penalty shall be imprisonment for a term of not less than three years and not more than ten years if the violation results in such disability being inflicted on three or more persons; if such act results in the death of a human being, the penalty shall be imprisonment for a term of not less than five years and not more than fifteen years, and it shall be life imprisonment if the act results in the death of three or more persons.

Article 157

The court may, in the event of imposing a penalty for the violation of any of the provisions of this Law, order either the publication of the judgment in full or in summary in the newspapers it specifies or through the audio and visual means of communication, or the posting of copies of the judgment or a summary thereof in the places it designates for a period not exceeding one month, at the expense of the convicted person.
The removal, concealment by any means, or destruction of these copies shall be punished by imprisonment for a term of not more than three months and a fine not exceeding KD 1,000, or by either of these two penalties. If the perpetrator is one of the persons responsible for managing the business or one of its workers, he shall be punished by imprisonment for a term of not more than six months.

Part Eight – Civil Liability and Compensation for Environmental Damage

Article 158

The direct perpetrator shall be liable for the damage resulting from the pollution even if he is not at fault, and the indirect causer shall not be liable unless he is at fault.

Article 159

If there are several persons responsible for a pollution incident, their liability shall be joint and several.

Article 160

Without prejudice to any other law, the person civilly liable for the pollution shall be obligated to pay compensation for:
(a) The damages sustained by natural resources.
(b) What befalls the environment or reduces its utility.
(c) The expenses of cleanup and of removing or limiting the pollution and of rehabilitating the environment.
(d) The consideration for the disruption of public utilities.

Article 161

Nothing in this Law shall prevent any natural or juristic person from claiming from the person responsible for the pollution compensation for the damages sustained by him as a result of the pollution.

Article 162

Each of the producer and the distributor shall be obligated to guarantee the safety of the product which, by itself or by its contents, nature or manner of use, is likely to expose the lives of persons or property to danger.
Liability for products shall arise whether or not the producer or the distributor is bound to the injured party by a contractual relationship.

Article 163

If there are several sources of the damage and the injured party is unable to attribute the damage to its perpetrator, the injured party may claim from any one of those who caused it payment of the full compensation for the damage sustained by him, and the defendant may disclaim liability by proving that the activity he carries out was not the cause of the damage and that the damage occurred due to an extraneous cause in which he had no part.

Article 164

Every person who occupies a place for residence or for other purposes shall be liable towards the injured party for compensation for the damage sustained by him from the noise, odours or other things emanating from him, unless he proves that the damage occurred due to an extraneous cause in which he had no part.

Article 165

Any person threatened by the danger of pollution may request the court to order the owner of the facility engaged in a hazardous activity or the owner of the waste site to submit a report or data on the substances that he produces or handles.

Article 166

The person responsible for the pollution shall be exempted from liability if he proves that the damage was due to:
(a) Force majeure.
(b) If it occurred wholly due to an intentional act by any of the persons who are not bound to the owner or the operator by a contractual or subordination relationship.
(c) It occurred wholly due to negligence or fault caused by the competent administrative authority.
For the application of the preceding paragraph, it is required that the person responsible for the pollution has notified the competent department of the incident and its causes if he knew or should have known of it, and that he has taken all necessary precautions to prevent the incident or to reduce the effects of the pollution.

Article 167

Actions arising from pollution incidents shall lapse upon the expiry of three years from the day on which the injured party became aware [of the damage] and of the person liable therefor, and from the day of completion of the inventory of the damages with respect to an action claiming compensation for damages sustained by natural resources, or from the day of completion of the procedures of cleanup, removal of the polluting substances and rehabilitation of the environment with respect to an action claiming those expenses.

Part Nine – Final Provisions

Article 168

The Director General of the Authority – and whatever the Supreme Council decides with respect to the concerned administrative entities – shall designate the employees necessary to carry out the inspection work required for the implementation of this Law and of the regulations and resolutions implementing it, except for Chapter One of Part Four thereof, and to record the crimes committed in violation of its provisions. Such employees shall have the capacity of judicial police, and for that purpose they may enter all places in which such crimes occur, draw up reports, take samples, and conduct the necessary measurements, studies and other activities to determine the extent of environmental pollution and its sources and to verify the application of the systems and requirements relating to the protection of workers and the environment, examine licences, records and any other documents and obtain a copy thereof, and request the necessary data from employers or whoever represents them, in accordance with what is determined by the Executive Regulations of this Law, and seize everything they find in violation of the provisions of this Law; they may also seek the assistance of police officers if necessary.

* Replaced by Law No. 99 of 2015 (Kuwait Al-Youm, Issue No. 1252, 6 September 2015).

Article 169

The employees charged with implementing the provisions of this Law and of the regulations and resolutions implementing it, referred to in the preceding Article of this Law, shall take an oath before the Director General or whomever the Supreme Council delegates, in accordance with the following oath: ((I swear by Almighty God to perform my work with honesty, sincerity, integrity and honour, and not to disclose any secret of the work that I have come to know by virtue of my position, even after leaving the work)).

* Replaced by Law No. 99 of 2015 (Kuwait Al-Youm, Issue No. 1252, 6 September 2015).

Article 170

The Director General or whomever he delegates may request the data, information and documents that he deems necessary from any public or private entity engaged in an activity that may lead to pollution of the environment. The Authority may, in the place it deems appropriate, establish monitoring centres as required by the protection of the environment, in coordination with the concerned entities, and it may also establish control laboratories or testing facilities having competence to give the final opinion on laboratory results relating to environmental pollution.

Article 171

The Environmental Public Prosecution shall undertake the investigation, disposition and prosecution of all crimes arising from the application of the provisions of this Law and of the regulations and resolutions implementing it.
Within two years from the date of entry into force of this Law, one or more circuits shall be established at the Court of First Instance having competence to hear environmental crimes and disputes.

* Replaced by Law No. 99 of 2015 (Kuwait Al-Youm, Issue No. 1252, 6 September 2015).

Article 172

Every citizen or association concerned with the protection of the environment may have recourse to the competent administrative and judicial bodies for the purpose of enforcing the provisions of the Environment Law and what is contained in the Executive Regulations of this Law.

Article 173

Every person, whether a public official or otherwise, who knows or was able to know, during or by reason of the performance of his work, of the existence of a violation of the provisions of this Law or its Executive Regulations resulting in environmental damage, shall report it immediately to the Authority, the Public Prosecution or police officers.

Article 174

The Director General or whomever he delegates may grant a person violating the requirements and standards provided for in this Law or its Executive Regulations, except for Chapter One of Part Four, a period to rectify his violation immediately.
If he fails to do so within thirty days, or if it becomes evident during that period that the continuation of the violation is likely to cause serious damage to the environment, the Authority may, in agreement with the concerned entities, take the necessary legal measures to stop the violating activity, close the facility or cancel the licence, without prejudice to the penalties provided for in this Law and to compensation for the damages arising from such violations.

Article 175

Law No. 21 of 1995 Establishing the Environment Public Authority, certain provisions of which were amended by Law No. 16 of 1996, is hereby repealed; Law No. 12 of 1964 on the Prevention of Pollution of Navigable Waters by Oil is also repealed; and every provision that conflicts with the provisions of this Law is also repealed.

Article 176

The application of the penalties provided for in this Law shall not prejudice the imposition of any more severe penalty provided for in any other law.

Article 177

The application of the provisions of this Law shall not prejudice the provisions of Law No. 19 of 1973 and Law No. 131 of 1977 referred to above, nor shall it prejudice the provisions contained in another law regulating the protection of the environment in specific fields.
However, the entities applying these laws, or any other entity having the power to issue regulations, systems and requirements relating to the protection of the environment, shall obtain the approval of the Authority before issuing such regulations, systems and requirements.

Article 178

The Authority shall be subject to prior audit in accordance with the provisions of Law No. (30) of 1964 Establishing the State Audit Bureau, and shall also be subject to the provisions of Law No. (37) of 1964 on Public Tenders.

* Replaced by Law No. 99 of 2015 (Kuwait Al-Youm, Issue No. 1252, 6 September 2015).

Article 179

The Competent Minister or the Concerned Minister shall issue the resolutions, regulations and systems necessary for the implementation of the provisions of Chapter One of Part Four of this Law, and the Director General, after the approval of the Board of Directors, shall issue the regulations and resolutions necessary for the implementation of this Law, except for Chapter One of Part Four thereof, within one year from the date of its entry into force.

* Replaced by Law No. 99 of 2015 (Kuwait Al-Youm, Issue No. 1252, 6 September 2015).

Article 180

The regulations and resolutions in force on the date of entry into force of this Law shall continue to apply, insofar as they do not conflict with its provisions, until the issuance of its executive resolutions and regulations.

Article 181

The Prime Minister and the Ministers, each within his own competence, shall implement this Law, which shall come into force upon the expiry of three months from the date of its publication in the Official Gazette.

Issued on 29 June 2014 and published in the Official Gazette Kuwait Al-Youm on 13 July 2014.