Categories
Royal Decree

Royal Decree 131/2020 regarding the Water and Wastewater Sector

2020/131 131/2020

Arabic

We, Haitham bin Tarik, the Sultan of Oman

after perusal of the Basic Statute of the State,

the Law Granting the Concession of Salalah Electricity Facility promulgated by Royal Decree 20/2001,

the Law on Granting the Concession of the Wastewater Facility in the Governorate of Dhofar promulgated by Royal Decree 16/2004,

the Law on the Regulation and Privatisation of the Electricity and Related Water Sector promulgated by Royal Decree 78/2004,

the  Law on Granting the Concession of the Wastewater Facility in the Governorate of Muscat promulgated by Royal Decree 69/2005,

the System of the Public Authority for Water promulgated by Royal Decree 58/2009,

the Privatisation Law promulgated by Royal Decree 51/2019,

Royal Decree 61/2020 Establishing the Oman Investment Authority,

Royal Decree 78/2020 Amending the Name of the Electricity and Related Water Sector Regulation Authority to the Authority for Public Services Regulation and Assigning Some Competences to It,

and Royal Decree 92/2020 Amending the Name of the Ministry of Agriculture and Fisheries to the Ministry of Agriculture, Fisheries, and Water Resources, Determining Its Competences, and Adopting Its Organisational Structure,

and in pursuance of public interest,

have decreed as follows

Article I

The Ministry of Agriculture, Fisheries, and Water Resources shall undertake proposing policies, strategies, and plans relating to the water and wastewater sector and submitting them to the Council of Ministers for approval.

Article II

The Authority for Public Services Regulation shall undertake the competences relating to the regulation of the activities of water and wastewater sector.

Article III

Oman Wastewater Services Company SAOC shall undertake the activities of water and wastewater in all governorates of the Sultanate, with the exception of the Governorate of Dhofar. Dhofar Power Company SAOC shall undertake the activities of water and wastewater in the Governorate of Dhofar.

Article IV

All assets, records, holdings, rights, and obligations of the Public Authority for Water are hereby transferred to Oman Wastewater Services Company SAOC.

All assets, records, holdings, rights, and obligations of the General Directorate of Water in the Office of the Minister of State and Governor of Dhofar are hereby transferred to Dhofar Power Company SAOC.

All assets, records, holdings, rights, and obligations relating to the water and wastewater sector in all units of the Administrative Apparatus of the State are also hereby transferred to Oman Wastewater Services Company SAOC and Dhofar Power Company SAOC, each according to its competence, in accordance with the provisions of the first and second paragraphs of this article.

These transfers shall not affect the treatment of the legal commitments and contracts signed prior to the date of entry into force of this decree, and whose subject is any of the rights and obligations stated in the previous paragraph in terms of taxes and fees.

Article V

The employees of the Public Authority for Water are hereby transferred to Oman Wastewater Services Company SAOC, and the employees of the General Directorate of Water in the Office of the Minister of State and Governor of Dhofar are also hereby transferred to Dhofar Power Company SAOC, in accordance with the provisions of the aforementioned Privatisation Law. The employees of Salalah Wastewater Services Company SAOC are also hereby transferred to Dhofar Power Company SAOC, in accordance with the transformation methodology stipulated in article VI of this decree without prejudice to the benefits that may be prescribed to them by virtue of another law.

Article VI

The Ministry of Finance, in coordination with the Oman Investment Authority, shall prepare and implement the transformation methodology within a period not exceeding 6 (six) months from the date of entry into force of this decree.

Article VII

The Oman Investment Authority shall undertake the necessary measures to implement the provisions of this decree, in accordance with the provisions of the Commercial Companies Law.

Article VIII

Laws, royal decrees, regulations, and decisions relating to the water and wastewater sector in force on the date of issuance of this decree shall continue to operate until the law governing the water and wastewater sector is promulgated.

Article IX

The Public Authority for Water shall be abolished from the date of completion of the implementation of the transformation methodology stipulated in article VI of this decree, and all that is contrary to this decree or in conflict with its provisions is hereby repealed.

Article X

This decree shall be published in the Official Gazette, and comes into force on the date of its issuance.

Issued on: 23 Rabi Al-Thani 1442
Corresponding to: 9 December 2020

Haitham bin Tarik
Sultan of Oman

Published in Official Gazette 1370 issued on 13 December 2020.