HE Shaikh Saif bin Mohammed bin Saif Al-Shabibi, Minister of Housing, issued Ministerial Decision No. (46/2017) regarding the issuance of the regulations for the use of lands allocated for the establishment of animal barns pens, to be effective on the day following its publication in the official gazette.
The First Chapter of the decision specifies the lands allocated for the establishment of animals barns and pens. In its Article (1), the Ministry of Housing, in coordination with the relevant authorities in the governorates and wilayats, shall specify the land sites allocated for the establishment of animal barns and pens, the veterinary quarantine site, and the site of waste collection in each governorate and Wilayat, with consideration given to the geographical location of the site in relation to existing conditions, its technical, health and environmental suitability and distance from residential communities.
• Area of Barns and Pens
Article (2) specifies the area of each plot of land in the site allocated to the establishment of animals barns and pens to be within the area of five hundred square meters (500 m2), which may be more or less according to the topographic nature of each site. Article (3) requires that for the use of one plot of land for the establishment of an animal barn or pen, the applicant shall have at least (20) sheep, (5) of camels or cows, or (2) heads of horses, after coordination with the concerned Department/Centre of Agricultural Development in the governorate or wilayat, according to the type and number of animals available to the applicant, but not to exceed three (3) plots of land.
• Inspection and Supervision and Irregularities Control
Article )4) of the regulation stipulates that the concerned municipality and the Department/Centre of Agricultural Development in each governorate or wilayat may supervise the health aspects. They also, as well as other concerned governmental authorities, have the right to enter the animal barns or pens for supervision, inspection, and control of violations at any time without the need for prior permission from the utilizing persons.
Article (5) of the Regulation stipulates that the application for the utilization of lands allocated for the establishment of animals barns and pens should be submitted to the relevant directorate/department of the Ministry as per the form prepared for this purpose, accompanied by a copy of the identity card or passport and a copy of the livestock possession card. The application then is forwarded to the Department/Centre of Agricultural Development in the governorate or wilayat to give their opinion on it. The relevant directorates/departments of the Ministry immediately, upon receipt of the response of the Department or Center for Agricultural Development, shall transfer applications that meet the conditions to the Director General of the Directorate General of Housing in the governorate.
• Term of Use
Article (6) stipulates that the Ministry shall conclude the contract of utilization for the plot of land allocated for the establishment of animal barn or pen after the Directorate General of Housing in the governorate has verified that the conditions stipulated in these regulations are met. Article (7) specifies the duration of the contract of utilization of two (2) years renewable for similar periods, provided meeting the conditions stipulated in this regulation upon renewal.
Article (8) requires the beneficiary to make payment against the annual use of government lands as stipulated in Article (5) of the regulation of values, fees and prices obtained by the Ministry of Housing referred to.
Article (9) provides that the contract of utilization is deemed terminated by law in the case of failure to occupy the utilized land for three (3) consecutive months during the term of the contract.
• Termination of the Utilization Contract
Article (10) allows the Ministry to terminate the contract of utilization without prior notice in case of violation of any of the conditions stipulated in the contract, and it may propose an alternative site without the beneficiary having the right to claim any compensation, provided that he is notified of this not less than (3) months at the address indicated in the utilization contract.
The Third Chapter of the Decision included the obligations of the beneficiary. Article (11) requires the beneficiary to maintain the cleanliness of the barn or animal pen, transfer the waste to the specified site for waste collection, and fulfill all technical, health and environmental conditions and any other conditions issued by competent authorities.
Article (12) requires the beneficiary to use the technical drawings and plans attached to the utilization contract. The utilized land may not be used or exploited except in accordance with the purpose specified in it and any addition, placing or assembling of any materials or equipment outside the boundaries of the land used is not allowed.
Article (13) also obliges the beneficiary to construct a fence for the plot of land utilized and to construct all the buildings necessary for its exploitation of non-fixed materials. The competent municipality is obliged to take legal action against the violators.
Article (14) obligates the beneficiary to remove any works or installations from the utilized land at his own expense after the end of the term of the utilization contract otherwise the utilized land is withdrawn.
The Ministry will announce the reception of applications later through the media in coordination with the concerned authorities.