80% of faults attributed to reckless acts                                                                          The Ruler issues decree on protection of electricity, water & gas networks

His Highness Sheikh Dr. Sultan bin Mohammed Al Qassimi, the Member of the Supreme Council and Ruler of Sharjah issued  Law No. 2 of 2007 for protection of the general networks of electricity, water, natural gas and fiber optic in the Emirate of Sharjah.. The main aim of this law is to unify all legislations in connection with protections of electricity, water, natural gas and fiber optics in response to the huge expansions initiated during the last few years. The law contains 19 articles in addition to tables of claims made against damages to these networks.

Eng. Al Waleed Khalid bin Khadem, the Director General of SEWA stated that the Law will unify all legislations on protection of utility networks and incorporate the newly introduced services such as fiber optic  network of the LDC center as well as other new substations and structures which were not covered by the previous laws. The protection of SEWA's networks and facilities was covered  by Law No. 1 of 1995   for protection of the general network of electricity and  water services and Law No.2 of 2000 for protection of the general network of natural gas services. He added that the new law will delegate the capacities of investigation officers to the staff of SEWA subject to the approval of the Ministry of Justice & Islamic Affaires. The new laws contains strict compensatory amounts to be imposed against any damages to SEWA facilities by the contractors as the result of reckless and incautious construction works.. Article No. 10 of the Law states that those who cause such damages should pay costs of materials and labor charges in connection with repair works of such damages.

Eng. Al Waleed pointed out that the new law was introduced as the result of the fact that about 70% - 80% of  faults on the service networks are caused by damages resulting from  reckless works of construction and building  activities.  In case of repeating same violation, 30% of the compensatory charges. The law also authorizes SEWA  to suspend  the NOC transactions of the violators for a period of 6 months as min. and 12 months as max. The Director General stresses on the fact that the strict penalties in this law were intended to cope with the increase of the faults resulted by reckless and incautious acts.

The text of the Law:

Article (1) In this law, except where the context otherwise requires, the following phrases and words shall have the following meanings:

"Emirate" : means   the Emirate of Sharjah

"SEWA": means  Sharjah Electricity & Water Authority

"The general network ": means all stations, substations, systems, equipments, pipelines and cables of electricity, water, natural gas and fiber optic  and their accessories belonged to, owned, run and supervised by SEWA

" Service Lines" : means   power cables and lines, water and gas pipelines and mains and fiber optic  networks.

"Person" : means  the artificial and natural persons

"Tables":  means  the tables of the compensations and/or the civil liabilities annexed to the laws or issued from time to time by SEWA and their amendments.

 Article (2):  Subscription to the services of the electricity, water and natural gas  shall be compulsory. Usage of LPG Cylinders is not allowed at the areas connected with Natural Gas Network otherwise the relevant penalty set out in the attached tables will imposed..

Article (3):  No person is allowed to interfere with the general network or the service lines or any of the equipment and materials belonged to SEWA or related to works carried by SEWA in the Emirate, in a way that it may damage, cut, break or expose such installations. In this case SEWA or the nearest Police Station shall be immediately notified.  

Article (4):

No person shall carry out any works within the proximity of general network or the service lines without obtaining the relevant NOC. All instructions and conditions set out in the NOC shall be complied with.

Article (5):

If the planned work is required to cross any of the service lines, SEWA shall be notified. The person executing such work shall not commence the execution of the work before the attendance of SEWA representative to supervise and define the work procedures to be followed.

Article (6):

Owners, occupants or possessors of the properties located at areas to be connected with SEWA service, shall give the right of way to lay the connection lines of such service over, beneath or through their properties. without affecting their usufruct on such properties, as per techniques required for the nature of such service and in accordance with the approved plans of SEWA.

Article (7):

Owners, occupants or possessors of the properties located at areas to be connected with SEWA service, shall provide SEWA or any other parties approved by SEWA to work at such areas, with access to their properties to inspect or  study the internal installations or equipment in line with the prevailing rules and regulations.

Article (8):

(a) All works of excavation, construction, paving, demolition or maintenance, of whatsoever nature, at roads, public squares and yards, areas or districts decided to be supplied by SEWA services, shall be carried out in accordance with plans and schedules made in collaboration between the relevant bodies and establishments undertaking such works and the relevant departments of SEWA as per the prevailing  rules and regulations.      

(b) In case that non-compliance with the above provision has resulted in a damage which could not be immediately remedied,  the relevant department of SEWA  shall rectify such damage at the expenses of the violating party without prejudice to the right of SEWA to claim the compensations and civil liabilities set out in the attached tables in addition to any other claims payable to SEWA as per the prevailing rules.

Article (9):

The relevant bodies of planning and surveying, building and construction control in the Emirate as well as providers of any other services shall not give approval for any works of building, construction or service connection or amendments at properties covered by the service lines of the  general network  without the approval of SEWA. The Administrative Decisions, issued in this regard, regulate the procedures to be followed for obtaining such approval.

Article (10):

Without prejudice to the penalties provided for in this law or any other law, any person commits a violation to any provision of this law, resulting in any kind of damage, whether such violation is made directly by this person or one of his partners or contractors, shall pay the compensation or civil liability prescribed in the attached tables in addition to the costs of the materials and the labor charges without prejudice to the right of SEWA to make any other claims as per the prevailing general rules.

Article (11):

No owner of a leased property, wither in person or via his agent, or subordinate employee  is allowed to interfere or tamper with any instruments, connections, installations or any type of equipment related to the connection or disconnection of the supplies of  electricity, water and natural gas  to or from the leased property. If such interference is required, SEWA and other concerned authorities should be notified as no one other than employees of SEWA have the right to handle such instruments or equipments.  

Article (12):

In case of repeating the same violation to any provision of this law within a period  of 6 months, 30% of the compensation amount will be added and SEWA may suspend  the NOC transactions of the violator for a period of 6 months as min. and 12 months as max.

Article (13):

SEWA shall be authorized to issue the necessary decisions for fixing and regulating the tariff of the electricity, water, natural gas and fiber optic  as well as fees, charges and security deposits imposed  on the beneficiaries  of the services.

Article (14):

Without prejudice to any more strict penalties provided for in the Criminal Law or any other law, any person who steals any of the services or intentionally makes an act that resulting in damage of the general network or the service lines shall be punishable by imprisonment of not less than 3 months and fine of not less than AED 10.000 or one of the penalties  and pay the compensation or civil liability prescribed in the attached tables and SEWA shall have the right of claiming the value of the lost or stolen electricity, water, natural gas or fiber optic   as well as any other claims as per the prevailing general rules.

Article (15):

Without prejudice to any more strict penalties provided for in the Criminal Law or any other law, any person who violates provisions of Articles Nos. 3 and 8A shall be punishable by imprisonment of not less than one  month and fine of not less than AED 5.000 or one of the penalties and  any person who violates provisions of Articles Nos. 3 and 4 shall be punishable by fine of not less than AED 5.000. SEWA staff, appointed subject to the approval and decision of the Ministry of Justice & Islamic Affaires shall provided with capacities pf investigation officers in proving the offences under provisions of this law.

Article (16):

Any person who embezzles, steals or illegally exploits the electrical current,  water or gas services or fiber optic  shall pay the value of the consumed service in addition to any compensations prescribed in the tables annexed to this law. 

Article (17):

Laws No. (1) of 1995 and No. 2 of 2000 as well as any other legislations contradicting with the provisions this law shall be cancelled.

Article (18):

This Law shall reported to the Consultative Council of Sharjah upon its convention

Article (19):

All concerned parties shall comply with the provisions of this law which shall be published in the official Gazette and come into effect as from its date of issue