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Increasing Penalties for Environmen

Increasing Penalties for Environmental Damages to the Nile River
Two recent Presidential Decree-Laws have significantly increased penalties for environmental damages to the Nile River stream, as well as lands within and adjacent to it. The Decree-Laws, issued on the same day, are an attempt by the government to deal with two main matters: 1) pollution of the Nile through the discharge of industrial and commercial waste; 2) physical encroachments on the Nile and adjacent lands. While the two Decree-Laws do not create new offences, they significantly increase penalties for a list of existing offences.
Nile River Protection Law
The first Decree-Law amends Law 48/1982, the Nile River Protection Law,[1] which regulates the discharge of waste into the Nile and associated waterways and canals, in addition to lakes and underground water, in order to protect them from pollution. The Decree-Law significantly increases monetary penalties for the commission of specific prohibited acts, such as:
  1. Discharging waste (in liquid, gas or solid form) from commercial, industrial or tourism operations into the Nile or associated waterways without proper authorization by the Ministry of Water Resources and Irrigation;
  2. Failure to rectify damages from water pollution after being notified by the proper authorities; and
  3. Pollution caused by river transportation.
While the previous version of the Law imposed a one year maximum prison sentence and/or a fine ranging from 500 – 2000 EGP, the amendment increased the monetary fine to range from 50’000 – 200’000 EGP, keeping the maximum prison sentence at one year. In both the previous and the amended versions of the Law, the penalty is doubled in case of recurrence. Furthermore, the cost of rectifying violations has to be carried by the person held in violation of the Law. Even after rectification, the Ministry still maintains the right to cancel relevant licenses. It is to be noted that water pollution is also regulated by other legislation, most notably the 1994 Environment Law.[2] However, Law 48/1982 remains one of the main legislative authorities on the protection of the Nile River and associated waterways from pollution.
Irrigation and Drainage Law
The second Presidential Decree-Law amends the Irrigation and Drainage Law of 1984,[3] which regulates the use of water and public property related to irrigation and drainage. The new Presidential Decree-Law increases penalties for several offences, such as drainage in the River or its canals without proper authorization; erecting unauthorized buildings on irrigation and drainage related property; farming on such property without authorization, using drainage water for irrigation without authorization, etc. While the new Decree-Law addresses some issues that may be of concern to factories and some industries, the Irrigation and Drainage Law deals in general with violations on a smaller, non-industrial scale. Prohibited acts listed in the Law, such as diversion of waterways, unauthorized operation of field laterals (misqah) and other acts appear to be more relevant for farmers and agricultural workers. Nonetheless, the Law remains relevant for any person or entity whose acts may have an impact on the Nile stream, its waterways, canals, as well as adjacent lands. What is most notable in the new Decree-Law is the drastic increase in penalties, which may signify the government’s willingness to step up its efforts to combat a list of harmful practices. For instance, penalties for Articles 9 and 39 (regulating the erection of specific unauthorized structures) went from a fine ranging from 50 – 200 EGP to a fine ranging from 10’000 – 50’000 EGP, in addition to a possible one year prison sentence. Similarly, the penalty for committing a list of acts prohibited by Article 82 (such as obstructing waterways and canal streams or damaging field drains) went up from a fine ranging from 50 – 300 EGP to a fine ranging from 10’000 – 50’000 EGP, in addition to a possible one year prison sentence. Other drastic changes were made to several additional penalties as well. According to the Irrigation and Drainage Law, the Ministry of Water Resources and Irrigation (previously the Ministry of Public Works and Water Resources) oversees all public property related to irrigation and drainage, including the Nile River stream, its “bridges” (the lands delineating the River stream), canals, as well as buildings used in irrigation and drainage. Conclusion Imposing harsher sentences on a list of acts that are deemed harmful to the Nile River, its associated waterways as well as adjacent lands may indicate the government’s readiness to tackle this important issue. In several cases, imposed fines were almost negligible, especially if they are meant to act as a deterrent for sophisticated entities and corporations. The imposition of harsher penalties, however, may have necessitated a discussion with relevant stakeholders in order to determine obstacles to the effective implementation of environmental regulations.   [1] Presidential Decree-Law No. 103/2015 amending the Nile River Protection Law No. 48/1982, Official Gazette, Issue 40 No. bis (b), 7 October 2015. [2] Presidential Decree-Law No. 102/2015 amending the Irrigation and Drainage Law No. 12/1984, Official Gazette, Issue No. 40 bis (b), 7 October 2015. [3] Law No. 4/1994 issuing the Environment Law, Official Gazette, Issue No. 5, 3 February 1994.
Two recent Presidential Decree-Laws have significantly increased penalties for environmental damages to the Nile River stream, as well as lands within and adjacent to it. The Decree-Laws, issued on the same day, are an attempt by the government to deal with two main matters: 1) pollution of the Nile through the discharge of industrial and commercial waste; 2) physical encroachments on the Nile and adjacent lands. While the two Decree-Laws do not create new offences, they significantly increase penalties for a list of existing offences.
Nile River Protection Law
The first Decree-Law amends Law 48/1982, the Nile River Protection Law,[1] which regulates the discharge of waste into the Nile and associated waterways and canals, in addition to lakes and underground water, in order to protect them from pollution. The Decree-Law significantly increases monetary penalties for the commission of specific prohibited acts, such as:
  1. Discharging waste (in liquid, gas or solid form) from commercial, industrial or tourism operations into the Nile or associated waterways without proper authorization by the Ministry of Water Resources and Irrigation;
  2. Failure to rectify damages from water pollution after being notified by the proper authorities; and
  3. Pollution caused by river transportation.
While the previous version of the Law imposed a one year maximum prison sentence and/or a fine ranging from 500 – 2000 EGP, the amendment increased the monetary fine to range from 50’000 – 200’000 EGP, keeping the maximum prison sentence at one year. In both the previous and the amended versions of the Law, the penalty is doubled in case of recurrence. Furthermore, the cost of rectifying violations has to be carried by the person held in violation of the Law. Even after rectification, the Ministry still maintains the right to cancel relevant licenses. It is to be noted that water pollution is also regulated by other legislation, most notably the 1994 Environment Law.[2] However, Law 48/1982 remains one of the main legislative authorities on the protection of the Nile River and associated waterways from pollution.
Irrigation and Drainage Law
The second Presidential Decree-Law amends the Irrigation and Drainage Law of 1984,[3] which regulates the use of water and public property related to irrigation and drainage. The new Presidential Decree-Law increases penalties for several offences, such as drainage in the River or its canals without proper authorization; erecting unauthorized buildings on irrigation and drainage related property; farming on such property without authorization, using drainage water for irrigation without authorization, etc. While the new Decree-Law addresses some issues that may be of concern to factories and some industries, the Irrigation and Drainage Law deals in general with violations on a smaller, non-industrial scale. Prohibited acts listed in the Law, such as diversion of waterways, unauthorized operation of field laterals (misqah) and other acts appear to be more relevant for farmers and agricultural workers. Nonetheless, the Law remains relevant for any person or entity whose acts may have an impact on the Nile stream, its waterways, canals, as well as adjacent lands. What is most notable in the new Decree-Law is the drastic increase in penalties, which may signify the government’s willingness to step up its efforts to combat a list of harmful practices. For instance, penalties for Articles 9 and 39 (regulating the erection of specific unauthorized structures) went from a fine ranging from 50 – 200 EGP to a fine ranging from 10’000 – 50’000 EGP, in addition to a possible one year prison sentence. Similarly, the penalty for committing a list of acts prohibited by Article 82 (such as obstructing waterways and canal streams or damaging field drains) went up from a fine ranging from 50 – 300 EGP to a fine ranging from 10’000 – 50’000 EGP, in addition to a possible one year prison sentence. Other drastic changes were made to several additional penalties as well. According to the Irrigation and Drainage Law, the Ministry of Water Resources and Irrigation (previously the Ministry of Public Works and Water Resources) oversees all public property related to irrigation and drainage, including the Nile River stream, its “bridges” (the lands delineating the River stream), canals, as well as buildings used in irrigation and drainage. Conclusion Imposing harsher sentences on a list of acts that are deemed harmful to the Nile River, its associated waterways as well as adjacent lands may indicate the government’s readiness to tackle this important issue. In several cases, imposed fines were almost negligible, especially if they are meant to act as a deterrent for sophisticated entities and corporations. The imposition of harsher penalties, however, may have necessitated a discussion with relevant stakeholders in order to determine obstacles to the effective implementation of environmental regulations.   [1] Presidential Decree-Law No. 103/2015 amending the Nile River Protection Law No. 48/1982, Official Gazette, Issue 40 No. bis (b), 7 October 2015. [2] Presidential Decree-Law No. 102/2015 amending the Irrigation and Drainage Law No. 12/1984, Official Gazette, Issue No. 40 bis (b), 7 October 2015. [3] Law No. 4/1994 issuing the Environment Law, Official Gazette, Issue No. 5, 3 February 1994.