Usage of water resources in Oman is regulated by a number of Royal Decrees and ministerial decisions
Charles Schofield

There is a myriad of environmental laws protecting Oman's water resources. These rules are overseen by a central government authority, ensuring that environmental issues are taken into consideration in any project, which presents a risk to Oman's water resources. This article reviews some of the relevant laws and processes designed to protect Oman's water environment.

Relevant authority
The Ministry of Regional Municipalities and Environment and Water Resources (MRMEWR) is the principal government authority for environmental protection and pollution control in Oman. It is responsible for implementing the national plan for the conservation of the environment and prevention of pollution. The ministry prepares and issues environmental laws and regulations, monitors and enforces compliance with legal obligations, and is responsible for the Oman National Oil Spill Contingency Plan.

Environmental permits
Significant projects in Oman that present a threat to the quality or quantity of the sultanate’s water resources will require an environmental permit before commencing operations. The permit process is managed by the MRMEWR and applies to any planned construction, operation or decommissioning, as well as any physical activity that is likely to have significant environmental impacts.

Upon receipt of an environmental permit application, the MRMEWR will determine whether a full Environmental Impact Assessment (EIA) needs to be carried out. A detailed EIA study is normally necessary for projects, which, due to their scale, location or characteristics, are likely to cause significant environmental impact, such as degradation of water caused by direct discharge of contaminants. This will typically be the case for projects with the potential for significant impact on the marine environment, inland waterways or groundwater. Through the use of environmental permits and EIA process, the MRMEWR can identify environmental risks presented by new projects and ensure that those will be properly addressed.

Water protection laws
Water pollution and the usage of water resources in Oman are regulated by a number of Royal Decrees and ministerial decisions. The key law on environmental protection and the prevention of pollution in Oman is Royal Decree 114/2001.

The decree regulates a wide range of pollutants, and many of its provisions are directed specifically at potentially polluting workplaces – both onshore and offshore. Its application is mainly directed to land-based pollution. In addition to RD 114/2001, however, there are specific Royal Decrees dealing with protection of water resources (Royal Decree 29/2000) and maritime pollution (Royal Decree 34/74).

Protection of water resources
Royal Decree 29/2000 on the protection of water resources provides the legal framework in Oman for the preservation of water quality and the control of water consumption. The provisions of the decree apply to groundwater and surface water, including wells, rivers, fal-ajs, dams, streams etc, but not sea water. The decree declares such resources to be part of the national wealth.

RD 29/2000 empowers the MRMEWR to develop new regulations on water preservation and the control of consumption. In particular, the ministry is required to formulate rules for the creation of special water protection zones, within which specified works may only proceed under licence. Protection zones are areas set aside for safeguarding water resources and public water supply fields against pollution, depletion and leakage of salt water.

The ministry must also take all necessary steps to prevent the deterioration of water quality and quantity in any part of Oman. It may also adopt measures to remediate such deterioration when it occurs.

Protection of drinking water
Royal Decree 115/2001 addresses the protection of drinking water resources from pollution and empowers the MRMEWR to identify drinking water protection zones. Activities likely to pollute drinking water will be prohibited in these zones. RD 115/2001 sets out specific regulations governing the building and management of septic tanks, soakaway pits and hazardous and non-hazardous landfill sites.

Where a violation of the terms of the Royal Decree represent a major hazardous or risk to drinking water resources or to public health, the minister may take whatever action is
necessary to address the damage or prevent its increase.

Wastewater regulation
The discharge or re-use of wastewater and sludge is regulated by MD 145/93: Regulations for Wastewater Re-use and Discharge. The regulations do not apply to discharges to the marine environment (see below), discharges from septic tanks, or discharges of radioactive material containing radioactive material in excess of a specified level.

Water abstraction and use
The protection of groundwater resources is provided for in MD 2/90: Regulations for the Registration of Existing Water Wells and New Well Permits. As per this, a permit must be obtained from the MRMEWR when any person or company wishes to establish, develop, increase the capacity of, service, test or install a pump on a water well. However, wells established to support oil exploration are exempt from the requirement to obtain a permit.

Well field protection zones have been established in the Wadi Adai, the western region (which supplies water to Muscat) and in Salalah under MD 40/88, MD 45/88 and MD 11/89 respectively. Companies operating in these zones must comply with various prohibitions and restrictions on particular activities and implement positive management requirements. RD 29/2000 enables the MRMEWR to issue further rules governing excavation, maintenance and extraction of water from water wells as well as the payment of fees for the issue of excavation licences and registration certificates.

Maritime pollution
While the laws referred to above apply prima-rily to land based water resources, maritime pollution is regulated by Royal Decree 34/74: The Law on the Control of Marine Pollution. The law prohibits the discharge of pollutants from a ship, shore location or oil transport facility, within Oman's territorial waters and in any area within 38 nautical miles from the edge of those waters.

The decree is supplemented by Ministerial Decision 159/2005, which deals with the discharge of liquid waste into a marine environment. It requires a licence to be obtained before any liquid waste can be discharged into a marine environment. Obtaining a licence requires compliance with specified restrictions on the type and manner of discharge.

Liability and sanctions
There are some significant penalties under Omani law for causing pollution to waterways. Examples of penalties include the following:

• Disposing pollutants into rivers, sewers or ground water supply zones and the failure to notify the MRMEWR, is punishable by imprisonment for a period of between one month and one year and/or a fine.
  
• Disposing of oil, oil mixture or other environmental pollutants by ships in internal waters, regional waters or the free economic zone is punishable by imprisonment for a period of between one month and two years and a fine of between RO500 and RO50,000.

A person causing environmental damage is also under an obligation to remove it at that person's expense and to restore the pre-violation status quo and pay the necessary compensation. Oman has a robust legal framework in place to ensure the protection of its water resources. Industries and businesses that may present a risk to the quality or quantity of Oman's water resources must satisfy a number of regulatory and legal requirements. Any new project which potentially impacts on water resources needs to carefully consider the legal implications.