Viewpoint: Hatim Zu’bi
The kingdom’s efforts to enhance and govern its natural resources are evident in the recent issuance of Law No. 7 of 2022 (New Environment Law), which was published in the Official Gazette on March 17, 2022 and came into effect six months later on September 17, 2022. The New Environment Law replaced Law No. 21 of 1996 and ushered in a new set of regulations based on pertinent environmental issues. The new legislation introduces measures to ensure the effective protection of biodiversity and natural resources.
The New Environment Law is in line with Bahrain Economic Vision 2030, as the long-term plan includes the goals of reducing carbon emissions and other forms of pollution, and promoting renewable energy sources. The law is a significant milestone towards managing the environmental impact of public and private entities, as it requires them to obtain a licence from the Supreme Council for the Environment (SCE) for any new projects or modifications to ongoing projects. The SCE studies the impact of a development on the surrounding environment, and subsequently decides whether to grant or reject an entity’s application for a licence. A project cannot be carried out without such an approval, a regulation that is intended to minimise any potential negative impacts that construction activity could have on the environment. Furthermore, under Vision 2030 the country expects to see sustainable economic growth that is in harmony with public well-being, environmental protection and the preservation of Bahrain’s cultural heritage – all of which are enshrined in the provisions of the New Environment Law.
The law regulates the protection of Bahrain’s seas through provisions that prohibit the discharging or dumping of polluting substances in coastal or marine areas. These substances include construction materials or liquid waste, and the ban is extended to any activity that may lead to the deterioration of sea life. Additionally, the law assigns liability to the entity responsible for oil leakages that are the result of vehicle collisions, the transporting of oil or the installation of platforms. Port authorities, in cooperation with the country’s coast guard, are required to prepare and implement plans for handling sewage that do not involve the disposal of them in a marine environment.
The New Environment Law also regulates air pollution emitted by buildings and vehicles. Any project that emits or leaks air pollutants is required to establish monitoring and control units that are electronically connected to the SCE for supervision purposes, with emissions beyond a certain limit prohibited. This ensures that there are multiple levels of monitoring in place to ascertain the environmental impact of a given project as it is carried out. Similarly, the energy industry is subject to the law to ensure that it conforms with the established emissions limits.
The New Environment Law also regulates vehicle emissions, covering a range of machinery, engines and automobiles. It sets limits on the emission of exhaust substances or pollutants from vehicles, which must comply with the permissible limits defined by the SCE. The importing or trading of fuel or operating oils are prohibited as well, unless it is evident that they have no negative impact on air quality.
The SCE plays a crucial role in preserving biodiversity. The New Environment Law stipulates that the SCE will cooperate and coordinate with the relevant authorities to ensure the development of environmental resources. These provisions aim to improve agriculture through techniques and technologies that are in line with the international standards and practices set forth by the European Commission. Furthermore, green infrastructure initiatives, which aim to manage and restore ecosystems to protect air and water supplies, are to be regulated under the New Environment Law and carried out by the SCE in order to fulfil the principles of Vision 2030. The implementation of the aforementioned provisions are key to ensuring that Bahrain remains a country of 1m palm trees and abundant biodiversity.
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