You are on page 1of 22

LIBYA

The Socialist People's Libyan Arab Jamahiriya


___________________________________________________________________________

Legislative Act. No. 7 of 1982 concerning protection of the environment.


___________________________

[TRANSLATION FROM ARABIC TO ENGLISH OF THE LEGISLATIVE ACT


CONCERNING THE PROTECTION OF THE ENVIRONMENT]

The General People's Congress

Pursuant to the resolution of the people's congresses, at their third regular session in the year 1391
after the death of the Prophet, corresponding to the year 1981 AD, as formulated by the general meeting of the
basic people's congresses, people's committees, trade unions and professional organizations and associations
(General People's Congress) at its seventh regular session in the period from 7 to 10 Rabi-Al-Awwal in the year
1391 after the death of the Prophet, corresponding to 2-5 January 1982 AD, the following Legislative Act has
been drafted:

SECTION ONE
General Provisions

Article 1

For the purpose of the application of the provisions of this Act,the expressions listed below shall have
the following meanings unless otherwise indicated by the context:

(1) The Environment: The habitat of man and of all living creatures. It comprises the air, water, soil
and food.

(2) Environmental Health: Control of all the environmental factors which have an adverse direct or
indirect effect on the physical, mental or social well-being of man.

(3) Environment pollution: The occurrence of any state or condition which endangers human health or
the integrity of the environment as a result of pollution of the air, the
sea, water or soil resources or as a result of imbalance in the
biosphere. It includes noise, vibrations, disagreeable odours and any
other pollutants resulting from the actions and activities of natural or
legal persons.

(4) Air pollutants: Fumes, ionized radiation, dust, volatile organic compounds, fine particles,
pesticides and sprays.

(5) Dumping: Any dumping or seepage of soils or oil-based-substances, for any reason
whatsoever.

(6) Oils: Crude oil/fuel, oil/heavy diesel, oil/lubricating oil and other petroleum by-
products.

(7) Oil waste: Discarded oil of any type, form or description.


-2-

(8) Oil-based substance: Any mixture containing oil.

(9) Ships, tankers and All floating marine vessels as defined in


floating craft. Libyan legislation and international agreements and other conventions in
force.

(10) The Centre: The Technical Centre for Environmental Protection established under article 7
of this Act.

Article 2

The aim of the Act is to ensure that the habitat of man and all living creatures, including the air, water,
soil and food, is protected from pollution, and to find appropriate ways of measuring such pollution with a view
to the formulation of general plans and programmes to curb environmental pollution.

Article 3

All individuals, bodies, institutions, firms and organizations, whether public or private, national or
foreign, shall make every endeavour to help to curb pollution by co-operating with the competent authorities
and complying with the instructions issued in this respect.

All natural and legal persons engaged in an activity which is liable to pollute the environment shall
take precautionary measures to curb the environmental pollution resulting from their exercise of such activity.

If, as a result of such activity, the said persons cause pollution of the environment by raising dust,
contaminating water, or dumping wastes, refuse and other pollutants, they must take the necessary measures to
restrict and eliminate the pollution caused through their activity.
-3-

Article 4

Legislative Act No.2 of 1982 promulgated on 21 Rabi.Ali.Akhir in the year 1391 after the death of the
Prophet, corresponding to 15 February 1982 AD, in order to regulate the use and avert the dangers of ionized
radiation with a view to protecting the environment from pollution resulting from ionized radiation shall apply
in the same way as other legislative acts in force concerning protection from atomic radiation and radio-active
materials.

Article 5

All public ministries, institutions, establishments and organizations and all public and private, national
and foreign enterprises, firms and other establishments engaged in activities that in any way cause
environmental pollution must comply with all the provisions and procedures laid down in this and other Acts
concerning environmental protection, and with the rules and regulations promulgated pursuant to the said Acts.

They must also notify the Centre of accidents that might arise as a result of the exercise of their
activities, e.g hazards such as fires in fuel storage tanks or the spillage of oil into the sea during loading or off-
loading operations. They shall utilize and make available serviceable equipment and appliances to combat and
prevent pollution in circumstances in which accidents might occur.

Article 6

When formulating plans in connection with national and urban development and the establishment of
factories and other institutions, the competent public authorities shall take into consideration ways and means
of preserving the ecological balance.

They shall also comply with the provisions concerning the prevention of noise and vibration as
stipulated in the regulations promulgated pursuant to this Act. All the people's committees at various levels,
together with their inspection units, shall implement the programme and plans adopted with a view to ensuring
a healthy and pollution-free environment.

Article 7

A Technical Centre for the Protection of the Environment shall be established with the task of:

(1) Proposing, supervising the application, the following-up and the implementation of plans and
programmes relating to the environment in the Socialist People's Libyan Arab Jamahiriya.

(2) Supervising environmental health.

(3) Keeping abreast of scientific and technological developments in the field of environmental
protection.

(4) Co-operating with international bodies with a view of eliminating the causes of pollution.

(5) Conducting various types of information campaigns aimed at promoting increased awareness
of the environment and of the rules and principles for its protection from pollution and, where
appropriate, for the removal of the causes of such pollution.

(6) Issuing the necessary licences for the exercise of activities that might cause pollution. Such
licences shall specify the regulations and obligatory requirements with which the licensee must
comply.
-4-

(7) Monitoring international agreements and conventions concerning the environment and its
utilization.

(8) Advising on the environmental effect of projects prior to their establishment.

To this end, the Centre shall, in collaboration with local and international research centres, conduct
studies and research on the environment in the Socialist People's Libyan Arab Jamahiriya with the general
objective of protecting the environment from all forms of pollution.

Article 8

The Centre shall have the right to inspect all the bodies mentioned in article 5 of this Act, to supervise
the said bodies for purposes of environmental protection, to collect specimens and to measure the extent of
pollution.

All of the said bodies shall assist the Centre in the discharge of the duties assigned to it under this Act.

Article 9

The General People's Committee shall promulgate a decree naming the Centre, designating the body to
which it shall report, and detailing its other terms of reference. The said decree shall also specify the Centre's
administrative structure and the manner in which it shall discharge its responsibilities.

The Centre shall be placed in control of the scientific and technical organizations and centres
concerned with affairs relating to environmental protection in the Socialist People's Libyan Arab Jamahiriya in
accordance with the directives contained in the decree promulgated by the General People's Committee.

Article 10

For the purpose of investigating offences committed in breach of the provisions of this Act, the
officials designated in a decree promulgated by the General People's Committee shall enjoy the powers with
which officers of the criminal investigation authorities are vested under the Code of Criminal Procedure. The
same powers shall also be assigned to all the security forces, coast guards, municipal police, forest rangers and
other officials vested with criminal investigation authority under other legislative acts in force. They shall
follow the instructions issued by the Centre in matters pertaining to the application of the provisions of this Act.

SECTION TWO

Protection of the Atmosphere

Article 11

No installation or factory emitting any air pollutants shall be allowed to violate the regulations and
technical norms established pursuant to the provisions of this Act. This shall also apply to ships berthing or
awaiting entry at any port in the Socialist People's Libyan Arab Jamahiriya.

This provision shall not apply to factories, installations and plants which are in the process of being
commissioned at the time of entry into force of this Act or which may be established at a future date, provided
that the period of exemption shall not exceed six months from the date on which they officially go into
-5-

operation.

Article 12

Every installation, factory or plant emitting air pollutants shall maintain, and submit to the Centre, a
record of the type, composition and quantity of pollutants emitted.

Article 13

The Centre may, where necessary, instruct any factory, installation or plant to make changes in their
structure, their method of operation,the manner in which they dispose of air pollutants, or the type of fuel that
they use. The Centre may also order their closure for a period to be determined by the Centre if it is established
that the quantity of air pollutants emitted constitutes a breach of the relevant regulations and norms and that the
continuation of such emissions would endanger public health or pollute the environment.
-6-

Article 14

Every industrial installation whose operation might result in an accident or unforeseen circumstance
which would cause the emission of a large quantity of air pollutants shall, in the event of the occurrence of such
accident or unforeseen circumstance, take immediate action to restore the industrial installation to its normal
condition as it was before the occurrence of the accident or unforeseen circumstance.

If it is established that the accident or unforeseen circumstance is likely to prove detrimental to public
health or to result in pollution of the environment in the neighbourhood of the factory or installation at which
the accident or unforeseen circumstance occurs, the Centre may direct and instruct the installation concerned to
take the immediate measures needed to prevent the spread of the damage resulting from the accident.

Article 15

In all populated areas it shall be forbidden to set fire to any rubber or petroleum-based materials, refuse
and other organic matter with a view to the disposal thereof.

Article 16

Where the transport of materials would result in the emission of dust, fine particles or fumes into the
air, thereby polluting the atmosphere and injuring public health, such transport shall be forbidden unless the
said materials are securely enclosed.

Volatile organic matter, solvents and acids shall not be left in a condition that would cause atmospheric
pollution. They must be securely enclosed to prevent seepage into the atmosphere. Such material shall not be
disposed of in a manner incompatible with the requirements and technical regulations laid down by the Centre.

Article 17

Motorized vehicles shall not be licensed for use in the Socialist People's Libyan Arab Jamahiriya
unless they have passed the internal combustion and fuel quality tests conducted by the competent authorities in
accordance with the norms prescribed by the Centre.

This provision shall apply to vehicles used in the territory of the Socialist People's Libyan Arab
Jamahiriya if such vehicles remain within Libyan territory for six months or more.

Article 18

Organizations engaged in the production and/or marketing of fuel for motor vehicles shall comply with
the specifications laid down by the Centre. The Centre, or authorized representative thereof, shall have the
right to check atmospheric pollution at the roadside and in areas where such pollution is likely to be extensive.

SECTION THREE
Protection of the seas and marine resources

Article 19

It shall be forbidden to fish using explosives, toxic or narcotic substances, or by any other method
which is indiscriminately detrimental to marine life.
-7-

Article 20

The rules and regulations promulgated pursuant to this Act shall:

(1) Specify the equipment and apparatus that may be used for fishing purposes.

(2) Stipulate the mesh width and type of nets, particularly in the case of trawling.

(3) Forbid the use of materials detrimental to public health or to the development and propagation
of marine life.

(4) Determine the minimum sizes of fish which may be caught.

(5) Determine areas, depths and times at which the taking of certain types of fish, shellfish and
oysters shall be permitted or temporarily or permanently prohibited.

(6) Forbid the causing of damage to moss and other marine plants in which living creatures lay
their eggs.

Article 21

It shall be forbidden to take sponges measuring less than 8 cm in diameter in the case of "Elecuina"
type, or less than 6 cm in diameter in the case of other types.

Sponge fishing, when permitted, must take place in accordance with the rules and principles laid down
in the regulations promulgated pursuant to this Act.

Article 22

It shall be forbidden for ships, tankers, floating craft and other marine vessels to dump soil, rock, sand,
garbage, refuse, fuel waste or chemical substances in the harbours or territorial waters of the Socialist People's
Libyan Arab Jamahiriya.
-8-

Article 23

It shall be forbidden to dump oil or oil-based substances, to wash tanks, to drain off heavy or light oil
or bilge water, and to dump ballast in the harbours or territorial waters of the Socialist People's Libyan Arab
Jamahiriya. This prohibition shall apply to all ships and tankers, irrespective of their nationality.

Article 24

The prohibition referred to in the preceding article shall not apply in the following cases:

(1) Where oils or oil-based substances are dumped from a tanker or ship as a safety measure and
for the purpose of saving lives at sea.

(2) Where oils or oil-based substances are spilled as a result of damage or unavoidable
circumstances, provided that the necessary precautions have been taken to prevent or reduce
such spillage after the occurrence of the damage.

(3) If the oil spills out during the process of its extraction,and if the spillage cannot be disposed of
except by dumping the oil in the sea, provided that all the necessary precautions have been
taken to prevent or reduce such spillage.

(4) Naval and naval auxiliary vessels for which appropriate procedures establishing specifications
equivalent to those laid down in this Act shall be promulgated by decision of the competent
authorities in the Libyan Arab Armed Forces.

(5) In all cases (paragraphs 1, 2, and 3), the authorities responsible for combating pollution must
be notified within 24 hours of the occurrence of such spillage. The said notification shall
specify the causes of the accident, the estimated size of the oil spill, its locations, and wherever
possible, its direction.

Article 25

The captain of every ship registered in the Socialist People's Libyan Arab Jamahiriya must maintain an
oil record in the manner specified in Article 9 of the Diesel Oil Pollution Convention and in Article 4 of
Legislative Act No.8 concerning prevention of the pollution of sea-water by oil.

Article 26

The captains of all ships flying the flag of the Jamahiriya and pilots employed by Libyan Arab Airlines
shall be instructed to inform the competent authority, without delay and by the most rapid and appropriate
means, in the event of:

(a) The occurrence of an accident that has caused, or might cause, water pollution by oil or fuel.

(b) The discovery of an oil or fuel slick floating on the sea and which might pose a serious threat
to the Libyan coasts. The nature and extent of the slick shall also be notified, together with
any information, such as wind speed and direction and water currents in the polluted area,
which might be of assistance in tracing the course of the pollution.

Article 27
-9-

Immediately on arrival at Libyan ports, the captains of ships of all nationalities shall notify the Port
Authority, in a written report, of any operation involving the dumping of oil or oil-based substances from the
ship into the territorial waters of the Socialist People's Libyan Arab Jamahiriya. If such dumping has taken
place in order to ensure safety of, or avoid damage to, the ship or for the purpose of saving lives at sea, the
circumstances, causes and place of the said dumping must be specified in the report.

Article 28

The competent authorities shall decide which ports must be equipped to receive oil and other types of
waste from ships entering the port. The said decision shall also specify the arrangements that must be made to
dispose of such waste, together with the terms and conditions applying to such arrangements.

Article 29

The competent authorities in charge of terminals for the shipment of crude oil shall equip the said
terminals with appropriate facilities for the reception and disposal of waste, oil-based substances and ballast
water.

They shall also establish emergency units to combat oil pollution at all ports and also at coastal
installations which use oil either for operating purposes or as a raw material.

Article 30

Every ship registered in the Socialist People's Libyan Arab Jamahiriya must be provided with
equipment to separate oil from water so that the percentage of oil in the water issuing from such equipment
does not exceed 100 parts per million. The power and efficiency of such equipment must be appropriate to the
tonnage of the ship and to the operations for which it is used. The equipment must be installed in such a way
that any mixture to be emptied into the sea from any tank or sump in the holds or machinery must pass through
the equipment after it has been drawn off and immediately before it is expelled into the sea.

Article 31

All ships putting in at Libyan ports must install rat guards immediately after berthing. If a ship does
not possess rat guards, the port authorities will supply them for a standard fee.

Article 32

The officials responsible for the investigation of offences committed in breach of the provisions of this
Act shall be entitled to examine ships and the oil separation equipment on board. They shall have the right to
inspect the oil record on all ships, whether national or foreign, and shall notify the competent authority of
offences committed in breach of the provisions of this Act and of the regulations promulgated pursuant thereto.
Such notification shall be accompanied by a copy of the statements, reports or extracts from the oil records
pertaining to the actions in question. The captain of the ship shall be informed of the nature of the offence.

The captains, outfitters or operators of ships and the persons responsible for marine installations shall
provide the assistance necessary to facilitate the task of the investigating officials responsible for the
implementation of this Act.
- 10 -

Article 33

The competent authority in the Socialist People's Libyan Arab Jamahiriya shall notify the flag State, in
writing, of any offences which its ships commit, in any place, in breach of the provisions and requirements of
this Act and of other conventions signed by the Socialist People's Libyan Arab Jamahiriya. The competent
authority shall also discharge the notification obligations stipulated in those conventions and shall transmit the
document, reports and summaries to the authorities designated in such pollution prevention agreements. The
said authority shall also be responsible for receiving reports and notifications from abroad concerning offences
committed by ships registered in the Jamahiriya.

Article 34

It shall be forbidden to dump garbage, refuse, toxic substances or waste on the coasts or in the
territorial waters of the Socialist People's Libyan Arab Jamahiriya.

The competent authorities shall promulgate regulations stipulating:

(a) The garbage, refuse, and toxic substances which it is forbidden to dump.

(b) Waste and refuse, the dumping of which requires a special permit.

(c) The conditions on which permits may be issued for the dumping of waste and refuse.

The said authorities shall consider applications for permission to dump refuse and waste in the light of
the rules and principles laid down in the regulations promulgated pursuant to this Act.

Article 35

It shall be forbidden to drain contaminated water directly into the sea through pipes leading to or from
the coast, or through channels and sewers, including underground or surface drainage systems, before such
water has been treated in accordance with the legislation in force and with the regulations promulgated
pursuant to this Act.

Article 36

It shall be forbidden to dump radioactive and dangerous substances, toxic gases and explosives with a
view to their disposal or storage in the territorial waters of the Socialist People's Libyan Arab Jamahiriya.

Article 37

All installations using sea-water for cooling purposes, and all sea-water desalination plants, must drain
off their used water at depths and distances sufficient to ensure that the effluent water is mixed with the sea-
water in such a way that it does not cause a temperature rise of more than 3 o C at a distance of 100 metres from
the drainage outlet.

Article 38

On the coasts it shall be forbidden to engage in any construction work that would alter the marine
currents and cause erosion or sedimentation in a neighbouring area unless adequate measures are taken to
protect the said area from erosion or sedimentation. The competent authority shall protect areas that are subject
to natural erosion.
- 11 -

Article 39

Before constructing any plant or installation which would use sea-water on the coast, dump waste in
the sea or fire any explosive charges for purposes required by the nature of their work, all ministries,
organizations, institutions, establishments enterprises and firms operating in the Socialist People's Libyan Arab
Jamahiriya must obtain approval from the Centre, through its competent subordinate or superior authorities.
- 12 -

SECTION FOUR
Protection of water resources

Article 40

The water resources in the Socialist People's Libyan Arab Jamahiriya are the property of the people.

Article 41

For purposes of the application of the provisions of this Act, water resources mean water which is,
could be, or might be used for drinking, domestic, agricultural, industrial or recreational purposes, as a source
of chemical elements or substances, or for sanitary or other purposes, irrespective of whether such water is
derived from a surface or subterranean source, from desalination, rain, flood or other similar sources.

Article 42

Every person using water, as defined in the preceding article, shall make every effort to conserve it.
The authorities responsible for the supervision of water resources shall employ proper scientific means and
methods to inspect such resources and to ensure that they are employed in an economical manner using
techniques designed to reduce water consumption in all activities with a view to conserving such resources and
making sure that they are not exposed to damage that would reduce or prevent their optimum utilization . To
this end:

(1) Aquifers must be tapped in such a way that more saline or less pure water does not infiltrate
from other strata.

(2) Economical and practical agricultural drainage must be organized.

(3) Irrigation water must be used in an economic manner. Agricultural norms concerning crop
quality and irrigation methods must be observed in order to ensure that the maximum yield is
obtained with the minimum use of water.

(4) The closed circuit and inverse line concept must be adopted in the case of water-consuming
industrial activities and modern industrial techniques must be employed using the minimum
amount of water for each production unit.

Article 43

When distributing water from a rationed water source, the public and private authorities responsible for
supplying water to the consumer shall provide a quantity of purified and recycled water for drinking,
agricultural, industrial or other purposes authorized in the relevant regulations and legislative acts.
Rationed water sources and the regulations pertaining thereto shall be determined by decision of the
General People's Committee on the basis of a proposal by the competent authorities.

Treatment and recycling methods shall be specified in specially promulgated regulations.

Article 44

Domestic and industrial effluent shall be regarded as a water resource which, after treatment, must not
be squandered or disposed of in a wasteful manner unless it has been established that its use would not be
feasible. In such a case, it must be disposed of in accordance with the relevant rules and regulations in such a
- 13 -

way as to avoid pollution of the environment.

Article 45

Every person in the Socialist People's Libyan Arab Jamahiriya shall have the right to obtain water
suitable for drinking and other legally authorized uses in sufficient quantity and at adequate pressure in
accordance with sanitary norms and specifications and within the limits allowed by current economic and
technical circumstances.

Article 46

Before delivering potable water to the consumer, the authorities responsible for its supply shall ensure
that it has been purified, treated and tested to ascertain its quality and proper natural, chemical and organic
composition.

Article 47

It shall be forbidden to dump or dispose of any waste which might directly or indirectly contaminate
water resources.

Article 48

The rules and regulations promulgated pursuant to this Act shall designate the authorities responsible
for the disposal of liquid, solid and gaseous waste, the methods for its treatment, and the norms and
specifications designed to ensure that such waste does not contaminate water resources.

Article 49

In places which are not connected to a public sewage network, liquid waste shall be disposed of in
accordance with approved technical specifications.
- 14 -

Article 50

The authorities responsible for protection of the environment shall supervise and control water
resources, ration their use and protect them from contamination. To this end, they shall:

(a) Help to formulate the rules and regulations promulgated pursuant to this Act.

(b) Review studies on the environmental effect of projects.

(c) Submit comments on the import, manufacture, transport and use of all types of pesticide and of
chemical and other substances with a view to ensuring that surface, ground and other types of
water resources remain free from contamination.

(d) Arrange facilities for the collection and purification of various types of waste with a view to
ensuring that water resources are protected and remain free from contamination.

SECTION FIVE
Protection of foodstuffs

Article 51

All sectors in the Jamahiriya shall, in their respective fields of competence, be responsible for:

(1) Checking the percentage of residue from chemical pesticides and other substances used to
protect plants and vegetables, together with the effects of such substances on agricultural
produce, with a view to determining their toxicity.

(2) Introducing safe scientific methods of pest control with a view to protecting the human and
animal population from the dangerous effects of the use of pesticides.

(3) Conducting continuous laboratory analyses of foodstuffs with a view to protecting the human,
animal and plant population from the dangers inherent in the use of chemical pesticides and
from mycosis while, at the same time, inspecting foodstuffs and processed fodder to determine
the extent of any contamination therein.

(4) Using sterilization and preservation materials to the extent authorized in food warehouses, and
in particular, in grain silos.

Article 52

It shall be forbidden to sell, offer for sale, put into circulation, import or distribute foodstuffs and
agricultural produce that are unfit for human consumption. Foodstuffs and agricultural produce shall be
regarded as unfit for human consumption if they do not meet the standards and requirements laid down in the
Health Act and in the regulations promulgated pursuant thereto.

The rules and regulations promulgated pursuant to this Act shall specify the principles and methods to
be observed in the control of the import, distribution, circulation and use of such products.
- 15 -

Article 53

All the sectors concerned shall, within their respective fields of competence, prevent the release,
circulation and marketing of imported foodstuffs it is established that there is an infectious disease or epidemic
in the country of origin which might be spread through the use of such food, irrespective of whether it is
destined for human or animal consumption. The criminal investigation officials shall, in this respect,
implement all the requisite precautionary measures as specified in instructions and directions issued by the
competent authorities.

All health authorities in the Jamahiriya shall immediately begin the implementation of the necessary
preventive measures.

SECTION SIX

Environmental Health

Article 54

The public authorities concerned shall formulate the programme needed for the provision of services
with a view to ensuring a healthy environment for citizens. The said authorities shall supervise the
implementation of those programmes, after their adoption, in accordance with the laws and regulations in force.
The programme shall provide for:

(1) The supply of sufficient quantities of potable water.

(2) The hygienic disposal of solid and liquid waste and the filling up of ponds and marshes.

(3) A campaign to eliminate disease-carrying insects, rodents and animals.

(4) The prevention of occupational hazards.

(5) Efforts to maintain the public parks, streets and squares in a clean condition, to ensure the
cleanliness of hotels, boarding houses, restaurants, cafes, cinemas, theatres, the staircases of
buildings and enclosed premises intended for public gatherings, and other public places, and to
ensure that they comply with the relevant health regulations.

(6) Application of the sanitary regulations governing the collection, transport and final disposal of
garbage.

(7) Measures to promote road safety with a view to saving human life.

(8) Measures to ensure compliance with health regulations at public beaches, swimming baths and
toilets.

(9) Measures to ensure that the means of public transportation by road, sea and air are kept in a
clean condition.

(10) Measures to ensure full compliance with public safety requirements during construction,
demolition, repair, restoration and structural modification operations.

(11) The demolition, removal or closure of buildings or parts of buildings which constitute a public
- 16 -

danger due to their dilapidated, defective or antiquated condition.

(12) Measures to ensure compliance with health regulations in places where foodstuffs and dairy
produce are sold, and at beverage factories, bakeries and establishments at which food and
fruit are produced and canned.

(13) Measures of control to ensure compliance with health regulations at abattoirs and at the
various places where meat is sold.

(14) Measures of control at cemeteries to ensure that interment operations take place in accordance
with the prescribed health regulations.

(15) The elimination of stray or abandoned animals from the streets and squares.

(16) Measures to permit the authorized raising of livestock within town and village precincts while
forbidding the keeping of livestock in residential buildings and housing complexes.

(17) Measures to ensure that buildings are painted in accordance with the rules and regulations and
at the times prescribed by the competent authorities.

(18) Measures to ensure compliance with all the other sanitary requirements laid down in the health
legislation in force.

SECTION SEVEN
Protection from contagious diseases

Article 55

The competent authorities shall take all the necessary precautions to protect indigenous animals from
contagious and epidemic diseases and to prevent the spread of such diseases to humans. To this end, the
following measures and methods shall be adopted:

(1) Proper supervision of quarantine stations to ensure that they comply with health regulations.

(2) The issue of health certificates for the transport of animals within the Jamahiriya.

(3) Checks on the validity of health certificates in respect of imported animals.

(4) Forbidding the rearing of animals imported for slaughter.

(5) Provision of the requisite vaccine and serum.

(6) Ensuring that imported animals are transported under appropriate hygienic conditions.

Other hygienic measures and precautions in this respect shall be stipulated in the regulations
promulgated pursuant to this Act.

SECTION EIGHT
Soils and plant protection
- 17 -

Article 56

The competent authorities shall use land in a proper manner consistent with local circumstances and
requirements for soil improvement and plant propagation with a view to preventing the soil from becoming
harder or more alkaline and also for the purpose of combating desertification and water loss. Before proceeding
with the formulation of plans for the reclamation of arid lands and the establishment and improvement of
barriers along the coast, the said authorities must conduct comprehensive scientific survey operations in order
to prevent damage to ecosystems.

With a view to preserving the fertility of the soil, the said authorities shall take the following measures:

(1) Monitor the concentration of noxious minerals such as calcium, copper and arsenic in the soil.

(2) Use various scientific methods to protect the soil from elements which cause its denudation or
erosion.

(3) Prevent soil exhaustion by following proper methods of crop rotation and adding appropriate
organic and chemical fertilizers to preserve the fertility of the soil.

(4) Reduce the use in glasshouses of chemical soil disinfectants which have adverse side effects
on human health, and promote methods such as fumigation with hot steam for purpose of
disinfecting glasshouses.

(5) Protect agricultural land from urban expansion through the systematic division and
classification of various types of land for specific economic purposes.

Article 57

The competent authorities shall take the necessary measures for plant protection. They shall, in
particular:

(1) Increase the grazing capacity of pasture lands and reduce reliance on processed fodder for
animal feedstock through systematic grazing and the protection of pasture land in order to
facilitate the growth and propagation of plant cover.

(2) Produce and cultivate appropriate pasture plants and, sow herbage of a high grazing value
suitable for local conditions.

(3) Protect all types of plant life such as fruit trees, forests, field crops, medicinal, aromatic and
other types of herbs, particularly wild varieties, with a view to preventing their extinction.

(4) Conduct the necessary studies and research in connection with the improvement and,
development of plans in the Jamahiriya with a view to increasing their production and
ascertaining the easiest and cheapest ways of ensuring their propagation.

(5) Control and organize the circulation and sale of chemical substances and pesticides, and
monitor the effect of solid and liquid waste on the agricultural and human environment.

(6) Promote biological means of resistance to agricultural blights with a view to protecting public
health by reducing the use of chemical substances.
- 18 -

Article 58

The competent authorities shall establish public parks and green belts in rural and urban residential
areas. Within town and village boundaries, a specified proportion of the total areas shall be allocated as green
spaces in order to preserve the natural beauty of the environment, protect public health and provide recreational
opportunities for citizens.

Nothing must be done to impair natural greenery such as trees and meadows. To this end, there must
be co-ordination among the various public authorities with a view to the preservation of the green plant cover.

Article 59

All forests situated within or around town and village boundaries shall be regarded as public parks
governed by rules and procedures designed to ensure their proper use. Such forests shall not be used for other
purposes without special legislative approval.

It shall be forbidden to use public forests for the disposal of petroleum and chemical waste, garbage,
construction debris and urban refuse or for the dumping of scrap metal and animal carcasses or remains. It
shall also be forbidden to use the forests in an improper manner, particularly in the case of forests that have
been established on sandy ground or on land that is prone to wind erosion.

SECTION NINE

Protection of wildlife

Article 60

All wild animals and birds and, in particular, useful animals shall be preserved and protected from
extinction as a result of hunting or lack of food. To this end, reserves must be designated and set aside for the
protection of all wild animals and birds. In order to promote the propagation of such wildlife, all hunting in
such reserves shall be strictly forbidden.

In abnormal conditions when there is a shortage of water resources and pasture, the authorities
concerned must supply sufficient food to ensure the survival of wildlife.

Article 61

No person shall be allowed to hunt without an official permit or authorization issued by the competent
authorities in accordance with the conditions prescribed by the legislation in force.

It shall be forbidden to hunt in reserves set aside for the propagation of wild animals and birds except
for purposes of scientific research and provided that official authorization has been obtained in accordance with
the legislation in force.

Hunting dogs shall not be allowed to be unleashed in such prohibited areas which shall include
artificial forests, protected forests and agricultural research stations.
- 19 -

SECTION TEN

Interim provisions

Article 62

The regulations promulgated pursuant to this Act shall be issued by decision of the General People's
Committee. In addition to the matters specified in this Act, the said regulations shall deal with the following
questions.

(1) The sectoral distribution of the responsibilities and duties specified in this Act.

(2) The detailed responsibilities of the various sectors with regard to the application of the
provision of the Act.

Article 63

In agreement with the Centre, the specialized General People's Committees shall, each within its own
field of competence, promulgate the rules and regulations pursuant to this Act.

Article 64

The deadlines, periods of exemption and means for the application of the provisions of this Act to
activities established prior to its entry into force shall be determined by decision of the General People's
Committee on the basis of proposals submitted by the authorities concerned, each within its own field of
competence. The Centre shall be consulted with regard to the said deadlines.

In all cases, the most modern technological means, methods and equipment available must be used to
reduce depletion and pollution, irrespective of whether such depletion relates to water, raw materials, energy,
air, open spaces or any other use of the environment.

SECTION ELEVEN

Penalties

Article 65

Without prejudice to the penalties prescribed in the Penal Code, the Code of Criminal Procedure and
other legislation in force, the penalties stipulated in the following articles shall apply to any person who
violates the provisions, requirements and regulations contained in these articles. Nothing herein shall effect the
right of any injured party to claim compensation.

In all cases, the judicial authorities shall be entitled to order the confiscation of the instruments with
which the said violations are committed whenever, in their view, such confiscation is required.

Article 66

Any person who violates the provisions of articles 11, 12, 15, 16, 17, 19 and 21 of this Act shall be
- 20 -

punished by imprisonment for a period of not less than one month and not more than six months and/or a fine
of not less than 50 and not more than 200 dinars.

Article 67

(1) The captains of ships, tankers or other marine craft who, with a view to the disposal or storage
of chemical, radio-active, gaseous, toxic or explosive substances or waste, dump the said
substances or waste in the harbours or territorial waters of the Socialist People's Libyan Arab
Jamahiriya, shall be punished by imprisonment for a period of not less than six months and not
more than three years together with a fine of not less than 1,000 and not more than 5,000
dinars.

(2) Any person who dumps rock, sand, garbage, refuse, fuel waste or residue from storage tanks in
the harbours or territorial waters of the Socialist People's Libyan Arab Jamahiriya shall be
punished by imprisonment for a period of not less than three and not more than six months
and/or a fine of not less than 50 and not more than 1,000 dinars.
- 21 -

Article 68

Any captain, master, outfitter or operator of a ship who violates the provisions of article 23 of this Act
shall be punished by imprisonment for a period of not less than one year and/or a fine of not less then 5,000 and
not more than 10,000 dinars.

A repeated violation shall be punished by a fine of not less than 10,000 and not more than 20,000
dinars.

Article 69

The captains of ships and tankers shall be punished by a fine of not less than 500 and not more than
1,000 dinars in the following cases:

(a) Failure to maintain the oil records referred to in article 25 of this Act.

(b) Failure to ensure that operations involving the loading or off-loading of oil, the taking-on of
ballast water into loading tanks, the cleaning of loading tanks, the dumping of discarded
ballast, the emptying of ballast into waste water tanks, the disposal of refuse, or the dumping
of oil-contaminated sump water from the engine room are entered in the records referred to in
article 25 of this Act.

(c) Failure to provide the notification referred to in article 27 of this Act.

(d) Failure to install rat guards in accordance with the provisions of article 31 of this Act.

(e) Refusal to allow inspection of the above-mentioned records by the criminal investigation
authorities or public officials vested with equivalent powers.

(f) The entry of false statements in the said records.

(g) Refusal to comply with a request to submit the said records to the competent authorities. In
the event of the repeated commission of any of the offences specified in this article, the captain
shall be punished by imprisonment for a period not exceeding six months and/or a fine of not
less than 1,000 and not more than 2,000 dinars.

Article 70

Public proceedings in connection with the offences specified in articles 66, 67, 68 and 69 of this Act
shall be instituted only at the request of the competent authority designated in the regulations promulgated
pursuant to this Act.

Notwithstanding the provisions of the Penal Code, a settlement in connection with offences committed
in breach of the provisions contained in articles 66, 67, 68 and 69 of this Act may be reached between the
offender and the competent authority referred to in the preceding paragraph on the basis of measures and
conditions agreed upon between the two parties, provided that the financial indemnity provided for under such
a settlement is not less than the minimum fine stipulated in the relevant article.

Article 71

Any person who dumps or disposes of any waste which might directly or indirectly cause the pollution
of water resources shall be punished by imprisonment for a period of not less than one month and not more
- 22 -

than six months and/or a fine of not less than 200 and not more than 500 dinars.

Article 72

Any person who sells, offers for sale, puts into circulation or releases any imported or locally produced
foodstuffs that are rotten, adulterated, unfit for human or animal consumption, spoilt or contaminated or that
contain toxic, putrid, mouldy, decomposed, extraneous or other substances likely to make them unfit for human
or animal consumption shall be punished by imprisonment for a period of not less than one month and not more
than six months, together with a fine of not less than 200 and not more than 500 dinars.

Article 73

Any person who dumps construction debris, petroleum-based or chemical substances, refuse, scrap
metal or animal carcasses or remains in public forests, parks, streets and squares or in other places open to the
public, shall be punished by imprisonment for a period of not more than three months and/or a fine not
exceeding 200 dinars.

Article 74

Any person who hunts without a licence or in prohibited areas, artificial or protected forests or
agricultural research stations shall be punished by imprisonment for a period of not more than two months
and/or a fine not exceeding 200 dinars.

Article 75

This Act shall be published in the Official Gazette and shall enter into force with effect from the date
of its publication therein.

General People's Congress

Promulgated on: 1391 after the death of the Prophet

Corresponding to: 1982 AD

You might also like