Decision of the Chairman of the Department of Energy No. (7) of 2018
Regarding the Facilitated Procedures and Conditions for Licensing Limited-Scope Regulated Activities
The Chairman of the Department of Energy
- After reviewing Law No. (1) of 1974 regarding the reorganization of the governmental apparatus in the Emirate of Abu Dhabi and its amendments.
- And Law No. (2) of 1998 concerning the regulation of the water and electricity sector in the Emirate of Abu Dhabi and its amendments.
- And Law No. (1) of 2017 concerning the financial system of the Abu Dhabi government.
- And Law No. (11) of 2018 concerning the establishment of the Department of Energy.
Has decided the following:-
Article (1)
Limited-Scope Activities
1- The provisions of this Decision shall apply to individuals, entities, and establishments that undertake the following limited-scope regulated activities:
Table of Limited-Scope Regulated Activities
| Regulated Activity |
Categories and Scope of Limited-Scope Regulated Activities |
Production Capacity for Limited-Scope Activities |
| Production, treatment, and desalination of water |
All types and technologies of water production, treatment, and desalination |
Production capacity not exceeding 2 million liters per day per facility and not exceeding a total declared net production capacity of 10 million liters per day for water. |
| Generation of electricity |
All types and technologies of electricity generation (clean, renewable, conventional) |
Production capacity not exceeding 5 megawatts per facility and not exceeding a total declared net production capacity of 25 megawatts for electricity. |
| Collection, treatment, disposal, and recycling of wastewater, including greywater |
Anyone whose activities are limited to self-supply of wastewater services. |
Capacity not exceeding 100,000 liters/day per facility and not exceeding a total declared production capacity of 500,000 liters/day for wastewater. |
| Storage of electricity and water |
Anyone whose activities are limited to self-supply purposes (water storage activity does not require a license when it is complementary to a licensed activity) |
Not specified |
| Distribution of electricity and water |
Anyone whose activities are limited to self-supply purposes |
Not specified |
| Supply of electricity and water |
Anyone whose activities are limited to self-supply purposes |
Not specified |
| Distribution, supply, sale, and purchase of water by tankers |
All types of potable, non-potable, and recycled water distributed, supplied, or sold by tankers |
Not specified |
| Collection and disposal of wastewater by tankers |
All types of wastewater, including greywater and treated wastewater, collected or disposed of by tankers |
Not specified |
2- It is prohibited for any establishment, individual, or entity to practice any of the activities specified in the table above without obtaining a license from the Department of Energy in accordance with the provisions of this Decision.
Article (2)
Objectives of the Decision
This Decision aims to simplify licensing procedures and grant facilitated conditions for licensing limited-scope regulated activities.
Article (3)
Electronic System
The competent departments at the Department of Energy shall take all necessary measures to expedite and simplify the licensing procedures for limited-scope activities, which include the following:
1- Developing a simplified license application form and publishing it in an appropriate manner to notify all those addressed by the provisions of this Decision.
2- Imposing the minimum restrictions and requirements on the license applicant.
3- Developing and implementing an electronic licensing system that allows the applicant to submit the license application, supporting documents, and pay fees, if any, electronically. The concerned departments at the Department shall gradually develop and apply the requirements of the electronic system in cooperation with the competent authorities.
4- Linking the electronic licensing system at the Department of Energy with the relevant local and federal government authorities responsible for issuing licenses as much as possible.
Article (4)
License Application Requirements
- The license application is limited to the following information and documents:
1- Legal name of the license applicant and their contact details, accompanied by the economic license and/or Emirates ID.
2- Type of activity for which the license is sought, provided it is one of the activities specified in Article (1) of this Decision.
3- Technologies used to carry out the activity.
4- Location of the activity and its coordinates, accompanied by the legal document for using the site.
5- Account and meter number with the distribution companies, if any.
The competent departments at the Department of Energy shall issue the license or reject the application within a maximum of two working days from the date of submission. In the latter case, the competent department must state the reasons for rejection.
- The individual, entity, or establishment whose license application was rejected may appeal to the Department of Energy within five working days from the date of the rejection decision. The Department of Energy shall decide on the appeal within a maximum of five working days.
Article (5)
Facilitated Licensing Conditions
The licensing of limited-scope activities is limited to the following facilitated conditions:
1- The license period is 12 months and is renewed upon the request of the license holder. The license holder must renew the license before its expiry if they wish to continue practicing the regulated activity. Obtaining a license from the Department of Energy does not exempt the license holder from the need to obtain any waivers, licenses, or permits required by any other entity.
2- Acceptance and commitment by the license holder to the terms and conditions of the license application and the license, and the accuracy of the information submitted to the Department.
3- Commitment by the license holder to the legislation issued by the Department of Energy and all applicable legislation in the Emirate.
4- The license holder bears full responsibility for their practice of the regulated activity.
5- The license holder is committed to providing the Department of Energy with the documents and information it requests to carry out or implement its competencies.
6- The Department of Energy may cancel or amend the license for any reason, and the license holder must cease practicing the licensed activity immediately upon cancellation of the license.
7- The Department of Energy shall take appropriate legal measures in case of violation of the licenses or legislation issued by the Department, including imposing administrative fines and disciplinary penalties.
Article (6)
License Fees
Without prejudice to the fines that may be imposed in case of license violations, no application fees, annual license fees, or any other fees shall be collected from individuals, entities, and establishments licensed under this Decision for a period of two years from the date of its issuance. The fees will be determined thereafter in accordance with the established regulations.
Article (7)
The competent departments at the Department shall implement this Decision, each according to its jurisdiction, and shall issue and approve the necessary forms for the implementation of this Decision after consulting with the relevant departments and authorities.
Article (8)
- This Decision shall be announced in an appropriate manner to notify persons who may be affected by the issuance of licenses under this Decision. This announcement shall serve as the legal notification stipulated in Article (84) of the aforementioned Law No. (2) of 1998.
- Any interested person may submit any suggestions, objections, or statements regarding the proposed issuance of licenses for limited-scope activities within (28) days from the date of publishing the announcement mentioned in the previous article.
- The competent departments at the Department of Energy shall study the statements, objections, or suggestions submitted to the Department and submit their recommendations thereon to the Chairman of the Department.
Article (9)
- The provisions and conditions of the current licenses shall remain in effect until their expiration or renewal.
- Any provision that contradicts the provisions of this Decision is hereby repealed.
Article (10)
- This Decision shall come into effect as of September 1, 2018, and shall be circulated as needed.
Issued in Abu Dhabi on: 18/6/2018
Eng. Awaidha Murshed Al Marar
Chairman