Hamdan bin Mohammed issues Resolution on Aid to Navigation in Dubai

H.H. Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai and Chairman of Dubai Executive Council, has issued Executive Council Resolution No (63) of 2016 pertaining to Aid to Navigation (ATON) activity in Dubai.

The Resolution regulates and provides a framework for the activities of installing and maintaining Aids to Navigation (ATONs) for maritime projects in the emirate of Dubai. It also specifies the conditions and standards for this activity and for permits and licenses. The Resolution authorises Dubai Maritime City Authority to monitor and inspect Aid to Navigation activity and maritime projects in Dubai.

It defines ATONs as the buoy units, floating devices, stationed units and on-shore devices used to control speed and direct navigation and mark out navigable channels, waterways and obstructions through colors, shapes, numbers and lights.

The Resolution is applicable to all entities involved in installing, maintaining and removing ATONs, including free zones, private development zones, and owners and operators of maritime projects within Dubai territorial waters including ports, marinas, channels, waterways and bridges.

It authorises Dubai Maritime City Authority to set the terms and conditions for the use of ATONs provided they do not contradict international conventions and treaties. It is also authorised to issue permits, licences and approvals pursuant to the approved regulations.

Dubai Maritime City Authority is responsible for listing all offshore and on-shore ATONs in Dubai, conducting technical assessments, issuing marine warnings and alerts, defining ATON locations, installing and operating ATONs in Dubai’s territorial waters if required, coordinating with local and international organisations to position ATON devices in international maritime navigation maps, and studying maritime projects to determine ATON requirements.

The Resolution strictly prohibits any person or entity from being involved in ATON activity in Dubai without a proper licence from Dubai Maritime City Authority. It also prohibits any entity or organisation from installing, removing or maintaining ATONs without approval from Dubai Maritime City Authority and adhering to the regulations of the International Association of Marine Aids to Navigation and Lighthouse Authorities (IALA-A).

The Resolution also outlines the obligations and responsibilities of parties licensed for ATON activity. These include performing regular maintenance on ATONs as per the Dubai Maritime City Authority’s approved regular maintenance plan, adhering to Dubai Maritime City Authority’s approved installation plan, avoiding installation or removal of ATONs without prior approval from Dubai Maritime City Authority, removing ATONs when notified by Dubai Maritime City Authority, providing a periodic technical assessment report to Dubai Maritime City Authority and notifying Dubai Maritime City Authority immediately in case of damage, malfunction, drifting or loss of an ATON.

According to the Resolution, owners and operators of maritime projects must immediately inform Dubai Maritime City Authority about any damage, malfunction, drifting or loss of an ATON. They also must obtain approval from Dubai Maritime City Authority for deploying ATONs for their projects.

The Resolution stipulates the fees for permits, licences, certificates and approvals and the penalties for violations of this Resolution.

The Executive Director of Dubai Maritime City Authority will issue all the regulations required to implement this Resolution. Such regulations will be effective only after their publication in the Dubai Government Official Gazette.

The newly issued Resolution annuls any other legislation that contradicts or challenges its articles. The Resolution will be published in the Official Gazette and will be effective from the date of its publication.