Oman’s New Regulations on Environmental Permits

A new Ministerial Decision No. 107 of 2023 was issued on August 8, 2023, regulating the issuance of environmental permits in Oman (“MD”). The MD aims to facilitate and streamline the process of obtaining environmental permits in Oman by enhancing procedures and reducing permit fees, thereby increasing the effectiveness of the project owners’ issuance process. Additionally, the MD will ensure that the requirements for obtaining environmental permits are more flexible, allowing project owners in Oman to utilize cutting-edge technology to achieve the highest level of environmental performance.

To obtain an environmental permit, the project owner or its representative must submit a request addressed to the Environment Authority (“Authority”) in Oman, including the following details:

1. The project’s location; and
2. An environmental impact assessment study if necessary.

Depending on the nature of each project, the Authority may request further details or documents and may conduct assessments as deemed necessary to make a decision within 30 working days from the date the application is complete regarding whether to grant the applicant the permit.

The MD also imposes new obligations on the project owner, such as using the best environmental practices and globally available technology to treat, recycle, recover, or reduce the concentration and quantity of pollutants and emissions, environmental residues, unpleasant odors, or sources of nuisance to the maximum extent possible. Additionally, the project owner must provide the Authority with a comprehensive plan for managing hazardous and non-hazardous waste in the project.

Compared to the previous fees set out in the old executive regulation, which is now revoked by the MD, the environmental permit fees are now lower, depending on the type of permit. The permit fees are as follows:

1. Activities for class (A) are OMR 900;
2. Activities for class (B) are OMR 300; and
3. Activities for class (C) are OMR 150.

The Authority may impose fines or penalties in case of violations of the provisions of the MD. Violations include failure to renew the permit within (10) days of its expiry date, failure to present the environmental permit at the work location, non-compliance with the environmental requirements specified in the permit, or failure to submit environmental monitoring reports within the specified period. The Authority may take one or more of the following measures against the project owner:

1. Issuing a warning and requiring rectification within a specified period;
2. Imposing an administrative fine corresponding to the type of violation for each type of environmental permit;
3. Suspending the environmental permit for a certain duration; and
4. Cancelling the environmental permit.

How can we help?

Al Tamimi & Company’s extensive expertise in advising on compliance with Omani law, particularly under this MD, establishes us as experts in offering guidance on avoiding penalties and liability. Our highly proficient Oman legal team is fully equipped to handle any legal matters that may arise. Please feel free to contact us without hesitation for comprehensive guidance and assistance regarding any questions or concerns related to the MD and its implications for your business operations.