Article 33 of the Saudi Environment Law
المادة 33 من نظام البيئة · الفصل السابع: الطوارئ والكوارث البيئية
Employees of the competent authority are exempt from liability for environmental damage caused by an unintentional, non-negligent error during pollution clean-up in emergencies, while the injured party's right to compensation remains.
Official text (Arabic)
This article has not been amended since the law was issued.
1- يُعفى العاملون في الجهة المختصة من المسؤولية عن أيّ ضرر بيئي، نتيجة خطأ غير متعمد وغير ناتج عن إهمال، خلال عمليات إزالة تلوث ناتج عن الطوارئ والكوارث البيئية.
2- لا يخل الإعفاء الوارد في الفقرة (1) من هذه المادة بحق المتضرر في التعويض عن المسؤولية المدنية.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 33 explained in plain English
This Article deals with a special situation: environmental damage that occurs during pollution clean-up operations resulting from environmental emergencies and disasters, where the damage results from an error by employees of the competent authority.
The first paragraph exempts employees of the competent authority from liability for any environmental damage, but on conditions that must all be met together:
- The damage must result from an unintentional error.
- The error must not result from negligence.
- It must occur during pollution clean-up operations resulting from environmental emergencies and disasters.
If the error is intentional or results from negligence, or occurs outside emergency and disaster clean-up operations, this exemption does not apply. The purpose is to allow employees to act quickly in emergency conditions without fear of liability for unintended mistakes.
The second paragraph balances this by protecting the injured party: the exemption does not affect the injured party's right to compensation for civil liability. That is, exempting the employees does not mean that a person who suffered damage loses the right to claim compensation. The Article does not specify against whom compensation is claimed or the procedures.
This Article is linked to Article 34, which gives the Minister the power to take the necessary measures and steps to respond to any environmental emergency, environmental disaster or imminent danger, in coordination with the relevant authorities. If you suffered damage in such a situation and want to know how to claim your right, it is advisable to consult a lawyer who specializes in environmental law.
Practical example
An oil spill reached a beach near a fish farm in the Eastern Province, and during clean-up operations, a team from the competent authority unintentionally and without negligence caused additional damage to the farm's ponds. The employees are exempt from liability under the first paragraph, but the farm owner still has the right to claim compensation for civil liability under the second paragraph.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 33 of the Saudi Environment Law
Are the competent authority's employees liable for damage during pollution clean-up?
They are not liable for environmental damage if it results from an unintentional, non-negligent error during clean-up of pollution caused by environmental emergencies and disasters.
Do I lose my right to compensation if the employees are exempt from liability?
No. The second paragraph provides that the exemption does not affect the injured party's right to compensation for civil liability.
Does the exemption cover cases of negligence?
No. The exemption is conditional on the error being unintentional and not resulting from negligence.
More articles on Environmental Emergencies and Disasters
- Article 34
The Minister may take the necessary measures and steps to respond to any environmental emergency, disaster or imminent danger, and to prevent them from worsening, in coordination with the relevant authorities.
للوزير اتخاذ ما يلزم من إجراءات وتدابير للاستجابة لأي حالة بيئية طارئة، أو كارثة بيئية، أو خطر وشيك يتعلق بالبيئة، وكذلك اتخاذ ما يلزم من إجراءات وتدابير لمنع ت
- Article 44
An activity may be suspended as a precaution for up to 15 days to avoid an environmental disaster, with referral of the violation within 5 days and a decision on continuing the suspension within 10 days.
للوزير أو رئيس مجلس إدارة الجهة المختصة (بحسب الأحوال) أو من يفوضانه اتخاذ إجراء احترازي -بعد التنسيق مع الجهة المشرفة- بإيقاف النشاط جزئيًّا أو كليًّا لمدة لا
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.