The Requirements of Air and Atmosphere Protection and Its Penalties in View of the Algerian Act no. (03-10) in (2003) Relating Environment Protection for Sustainable Development; a Descriptive Analytical Study
مقتضيات حماية الهواء والجو في ضوء القانون الجزائري رقم (10 – 03) لسنة (2003) المتعلق بحماية البيئة في إطار التنمية المستدامة (دراسة تحليلية)
Dr. Muhammad Gabr Al-Said Abdu-Allah Gameel (Faculty of Islamic Sciences, Al-Madinah International University, Cairo, Egypt)
مقال منشور في كتاب أعمال ملتقى القانون الدولي وتحديات التغير المناخي الصفحة 127.
ملخص:
استهدفت الدراسة الحالية تسليط الضوء على مقتضيات حماية الهواء والجو في ضوء القانون الجزائري رقم (10 – 03) لسنة (2003) المتعلق بحماية البيئة في إطار التنمية المستدامة للحد من التغيرات المناخية. واستندت الدراسة إلى المنهج الوصفي. وتعتمد في إطار ذلك على الأسلوب التحليلي. وتمثلت أداة الدراسة في مسح الأدبيات المتعلقة بموضوع الدراسة. وأسفرت الدراسة عن العديد من النتائج أبرزها ضرورة الالتزام بالمواصفات البيئية عند تصميم المشاريع المختلفة والالتزام بالقدر المحدد قانونا للانبعاثات الغازية. وأوصت الدراسة بضروة الاعتماد على مصادر الطاقة المتجددة لحماية البيئة من التلوث.
الكلمات المفتاحية: الهواء، الجو، الحماية القانونية.
Abstract:
The study aimed at exploring the requirements of air and atmosphere protection and its penalties in light of the Algerian Act n°. (03-10) in (2003) relating environment protection for sustainable development. The study administered the descriptive analytical approach. A review of literature was conducted. The study came to the conclusions that the requirements of air and atmosphere protection in the light of the Algerian Act n°. (03-10) in (2003) are stipulating abiding by environment specifications, taking measures to stop air polluting and planning restrictions on gas emissions. The study recommended prescribing using renewable energy.
Keywords: Air, Atmosphere, Legal Protection.
Introduction
Praise be to Allah and Peace and Blessings of Allah upon our Prophet Muhammad, his family, his companions and all who follow his guidance to the Day of Judgment.
(O, believers, be pious to Allah and care nothing but to die on Islam) ([1]).
(O, people, be pious to Allah Who created all of you from a male and a female and who created the female from the male and created all humans from both of them. O, people, be pious to Allah Who you will stand before for Judgment and He will question you about what you have done with your relatives. Remember that Allah observes you all) ([2]).
(O, believers, fear Allah and say what is right in order that Allah mend your deeds and forgive your sins. Whosoever obeys Allah and His Messenger shall win a great victory) ([3]).
To proceed ([4]).
The environmental pollution is one of the serious problems that humanity faces in modern times. It occupies the summit of the world problems’ pyramid that both the developed and backward countries suffer from ([5]), especially with the urban expansion and the industrial advancement.
Undoubtedly this problem has bad effects on Man’s health. It causes serious diseases especially to the respiratory system that result in early death at most cases. Too, it is harmful to food resources. It also negatively affects animals, plants, water, air and soil.
However, air and atmosphere pollution are the most dangerous problem because of its destructive consequences on living things and the environment as well. It has such decaying effects on the ozone layer that it lets ultraviolet rays penetrate the atmosphere and cause havoc to the soil and intoxicate the farming life respectively ([6]).
In response to the dangers of air and atmosphere pollution, Algeria exerted great legislative efforts to overcome this serious problem ([7]).
The most prominent effort is issuing the Algerian Act n°. (03 – 10) in (2003) relating environment protection in the context of sustainable development ([8]). It emphasizes the general attitude of the Algerian environmental legislation which is coupling between the environment and the sustainable development so as to maintain the right of the future generations to live in a healthy environment ([9]).
Although Act n°. (03 – 10) in (2003) highlights focusing on protecting air and atmosphere from pollution, it is noticeable that reality reveals that the level of air and atmosphere pollution is escalating alarmingly. So, the current study seeks to explore the legal protection of air and atmosphere in view of the Algerian Act n°. (03-10) in (2003) relating environment protection for sustainable development. This question is going to be detailed as follows.
The Problem of the Study
The study problem revolves around the requirements of air and atmosphere protection and its penalties in view of the Algerian Act n°. (03-10) in (2003) relating environment protection for sustainable development. This problem is put in the following main question; what the requirements of air and atmosphere protection and what is its penalties in view of the Algerian Act n°. (03-10) in (2003) relating environment protection for sustainable development?
The Objective of the Study
The study’s main objective is to explore the requirements of air and atmosphere protection and its penalties in view of the Algerian Act n°. (03-10) in (2003) relating environment protection for sustainable development.
The importance of the Study
The study importance is shown in two aspects;
– First: Theoretically; The study seeks to bridge the gap in this area to develop what previous studies have come to in the field of legal protection of the environment.
– Second: Practically; The study helps to raise the awareness of the requirements of air and atmosphere protection and its penalties in view of the Algerian Act n°. (03-10) in (2003) relating environment protection for sustainable development to face climatic changes bad effects.
The Methodology of the Study
The study has used the descriptive analytical methodology to reach the target in question. To gather the required data, a review of literature has been administered.
The Scheme of the Study
The study comprises an introduction, three chapters, a conclusion, and a bibliography as follows;
– Introduction: it includes the study’s problem, objectives, importance, methodology and scheme.
– Chapter I: it covers the definition of air and atmosphere pollution and its forms.
– Chapter II: it covers the requirements of air and atmosphere protection in view of the Algerian Act no. (03-10) in (2003) relating environment protection for sustainable development
– Chapter III: it covers of the penalties of air and atmosphere protection in view of the Algerian Act no. (03-10) in (2003) relating environment protection for sustainable development.
– – Conclusion: it includes the main findings and recommendations.
– Bibliography: it includes the study’s references.
The points are will be tackled in further detail in the following lines.
1. The Definition of Air and Atmosphere Pollution and Its Forms
This section sheds light on definition of air and atmosphere pollution and its forms. This is to be tackled in further detail in the following lines.
1.1. The Definition of Air and Atmosphere Pollution
Air and Atmosphere Pollution is “inletting any material into the air or the atmosphere due to emitting gases, smoke, liquid or solid particles that cause harm and danger to living beings” ([10]). It is also defined as: “sending off impurities into the air whether they are natural or man-made in quantities and at periods that are enough to disturb the rest and health of those who are exposed to” ([11]). In other words, it means “emitting liquid, solid or gas material into the air that are dangerous to animals, farming or public property” ([12]). It is also defined as: “disturbing air with materials such as fuel fumes and smoke that are possibly to cause harm to plants and animals and damage buildings” ([13]).
It is evident that the previous definitions of air and atmosphere pollution are similar in meaning. According to them, air and atmosphere pollution is the introduction of harmful materials and substances into the air. These harmful materials and dangerous substances are called pollutants. Pollutants can be natural such as volcanic ash. They can also be created by human activity such as trash or runoff produced by factories. Pollutants damage the quality of air and atmosphere.
1.2 The Forms of Air and Atmosphere Pollution
The Algerian law clearly defines the forms of air and atmosphere pollution in Article (44) of Act no. (03 – 10) in (2003) relating environment protection in the context of sustainable development. This Article prescribes that: “Air pollution, in view of this Act, takes place directly or indirectly in the air and the closed areas through using materials that by nature do the following:
– Causing danger to the public health.
– Causing climatic changes or impoverishing Ozone layer,
– Causing harm to biological resources and environmental systems,
– Threatening public safety,
– Disturbing the population,
– Releasing very bad smell,
– Causing harm to agricultural production and food farming products,
– Defacing buildings and deforming the identity of the landscape,
– Destroying the material possessions” ([14]).
It is evident that he pre-mentioned text classifies the forms of air and atmosphere pollution according to its effect on the environment as well as human beings. Bearing this in mind, it can be said that the forms of air and atmosphere that are dangerous to the environment are those causing danger to climatic changes, the Ozone layer, biological resources, environmental systems, agricultural production, food farming products, buildings, the identity of the landscape and the material possessions. But the forms of air and atmosphere that are harmful to humans are those causing danger to public health, public safety, the population as well as those releasing very bad smell,
2. The Requirements of Air and Atmosphere Protection in View of the Algerian Act n°. (03-10) in (2003)
The Algerian legislator stipulates several requirements so as to protect air and atmosphere from pollution. These requirements are stated in Articles (45), (46) and (47) of Act no. (03 – 10) in (2003) relating environment protection in the context of sustainable development. They are to be shown in further detail as follows.
2.1. Stipulating commercial, industrial and agricultural activities abide by environment specifications:
In order to maintain the environment and protect it from pollution. The Algerian law binds keeping to the environmental specifications. Article (45) of Act no. (03 – 10) in (2003) relating environment protection in the context of sustainable development prescribes that: “The processes of constructing, occupying and using buildings, agricultural, handicraft, commercial and industrial establishment as well as vehicles and movable properties keep to environment specifications and avoid causing air and atmosphere pollution and limit it” ([15]). This means that it is not permissible to do any activity, industrial, agricultural or commercial, without keeping to the environmental specifications as well as guaranteeing to avoid polluting air and atmosphere.
2.2. Taking necessary measures to stop or decrease air polluting emissions:
Owing to the widest spread pollutants to air and atmosphere are gas emissions, the Algerian legislator consecrates special legal protection to the environment from it. He specifies a single Article for this case. It is Article (46) of Act n°. (03 – 10) in (2003) relating environment protection in the context of sustainable development that dictates that: “When air polluting emissions are dangerous to people, the environment or the property, those who cause them have to take action to stop or decrease them” ([16]). In view of the above-mentioned Article, those who are responsible for air polluting emissions have to take necessary measures to eliminate or lessen them if they are harmful to people, the environment or the property.
2.3. Taking necessary steps to stop or decrease the materials that impoverish the ozone layer:
The Algerian law pays great importance to preserving the ozone layer due to its substantial role in protecting the earth from global warming that results in drought and desertification. Article (46) of Act n°. (03 – 10) in (2003) relating environment protection in the context of sustainable development dictates legal protection for this case. It says: “The industrial units have to take necessary measures to stop or diminish the materials that weaken the ozone layer” ([17]). According to the previous text, the industrial establishments are bound to adopt the action demanded to get rid of or lessen the substances that decay the ozone layer. It is clear that the legislator specifies the industrial establishments in particular for this purpose since they are mostly the source of the emissions that pollute air and atmosphere.
However important the pre-mentioned Article is, it is not inclusive. Not only do industrial units use materials and substances that cause decay of the ozone layer. Agricultural can also affect badly this layer through using chemical fertilizers containing carbon dioxide as well as harmful gases. Thus, the legislator ought to include the farming units as well. That is, he should refer to the responsibility of farming units to protect air and atmosphere from pollution they cause.
2.4. Planning restrictions on gas emissions and other liquid and solid materials that pollute air:
The Algerian cares for setting restraints to control gas emissions and other liquid and solid substances that cause air and atmosphere pollution. This is obviously defined in Article (47) of Act n°. (03 – 10) in (2003) relating environment protection in the context of sustainable development. It stresses that “According to Articles (45) and (46) above, the internal statute regulate the requirements relating the following in particular:
1- The cases and the conditions by which vapor, smoke and gas emissions, liquid and solid particles are banned or regulated as well as the conditions of control,
2- The times at which these rulings are abided by concerning buildings, vehicles and other movable properties at the date of issuing its regulatory texts,
3- The stipulations according to which constructing buildings and starting establishments that are not registered in the list of classified foundations mentioned in Article (23) above are regulated and controlled in execution for Article (45) that is pre-mentioned as well as outfitting vehicles, manufacturing movable items and using fuels,
4- The cases and the conditions by which the concerned authorities have to take all the required steps as soon as possible in order to stop disturbance before judicial intervention” ([18]).
The previous Article decides what the internal statute ought to do in view of Articles (45) and (46) in order to maintain the environment and preserve it from pollution. The internal statute ought to regulate the following:
First; The cases and the provisions of prohibiting or regulating and controlling vapor, smoke and gas emissions, liquid and solid particles.
Second; The periods of time needed to keep to these rulings concerning buildings, vehicles and other movable properties.
Third; The specifications regulating constructing buildings, starting establishments that are not registered in the list of classified foundations mentioned in Article (23) ([19]) and licensed by virtue of Article (19) ([20]), equipping vehicles, manufacturing movable items and using fuels.
Fourth; The cases and the stipulations by which the concerned administrations have to take urgent measures to settle problems without going to the court.
As a whole, the above Article refers to the internal statute to regulate the environmental specifications for permitted emissions and building construction and the times and the measures the concerned administrations should take to check and investigate the extent to which environmental specification are kept to.
In spite of the necessity of these measures, it is clear that the Algerian legislator draws no or little attention to emphasizing using renewable energy that is derived from natural sources that are replenished at a higher rate than they are consumed and that are so clean that cause no air pollution such as solar, water and wind power.
3. The Penalties of Air and Atmosphere Protection in View of the Algerian Act no. (03-10) in (2003)
This chapter sheds light on the penalties decided for protecting air and atmosphere from pollution. These penalties are tackled in four Articles, i.e., (84), (85), (86), and (87), of Act no. (03 – 10) in (2003) relating environment protection in the context of sustainable development. These penalties cover two forms of sanctions;
– Sanctions for breaking the rulings of this Act.
– Sanctions for not abiding by the obligations decided by this Act.
These two forms of sanctions are going to be dealt with in further detail in the following two sections.
3.1. Sanctions Prescribed for Breaking the Rulings of
Act n°. (03 – 10) in (2003)
The Algerian law protects the air and atmosphere from pollution by penalizing for aggressive behavior on the environment. Article (84) of Act no. (03 – 10) in (2003) relating environment protection in the context of sustainable development prescribes that: “Whosoever breaks the rulings of Article (47) of this Act and cause air and atmosphere pollution shall receive a fine from five thousand Algerian dinars (5,000 A. D.) to fifteen thousand Algerian dinars (15,000 A. D.). In case of recurring, he shall receive imprisonment from two (2) months to six (6) months and a fine from fifty thousand Algerian dinars (50,000 A. D.) to hundred and fifty thousand Algerian dinars (150,000 A. D.) or by only one of the two penalties” ([21]).
In the light of the above-mentioned text, any person breaches the ruling of Article (47) and causes pollution to air and atmosphere is to be punished by one form of punishment which is fining ([22]). That is, he is to be fined from five thousand Algerian dinars (5,000 A. D.) to fifteen thousand Algerian dinars (15,000 A. D.). But in case he recurs, there are two forms of punishment, i.e., imprisonment ([23]) as well as fining. In other words, the sentenced is to be punished by one of the three following penalties:
– Imprisonment from two (2) months to six (6) months and a fine from fifty thousand Algerian dinars (50,000 A. D.) to hundred and fifty thousand Algerian dinars (150,000 A. D.).
– Imprisonment from two (2) months to six (6) months
– a fine from fifty thousand Algerian dinars (50,000 A. D.) to hundred and fifty thousand Algerian dinars (150,000 A. D.).
It is obvious that, the punishment is harsher in its kind and in its size in case of recurring. As to kind, the legislator prescribes imprisonment which is a tougher penalty in contrast to fining. As to size, the fine has escalated at its minimum, i.e., (50,000 A. D.), and its maximum, i.e., (150,000 A. D.), in comparison with the case at which the crime is committed for the first time which is of minimum of five thousand Algerian dinars (5,000 A. D.) and a maximum of fifteen thousand Algerian dinars (15,000 A. D.). This is because that the legislator regards recurring as an aggravating circumstance.
However, the previous Article is not applicable to air and atmosphere pollution that is caused by vehicles. The legislator refers to the Algerian traffic Act to punish for pollution from vehicles. Article (87) of Act n°. (03 – 10) in (2003) relating environment protection in the context of sustainable development prescribes that: “The penalties mentioned in the traffic Act are to applied to the offences of pollution resulted from vehicles” ([24]).
In view of the pre- mentioned text, crimes of polluting air and atmosphere caused by vehicles are not to be penalized according to Article (84) of Act n°. (03 – 10) in (2003), but by virtue of Act (01-14) in (2001) relating regulating traffic on roads and its safety. This reference to the traffic Act is an exception from the general rule that covers the offences of air pollution according to Act n°. (03 – 10). This is to avoid any contradiction among the penal codes on a side and to put into effect the principle that prescribes that a criminal act is not to penalized more than once ([25]).
3.2. Sanctions Prescribed for not Abiding by the Obligations set by Act n°. (03 – 10) in (2003)
Not only does the Algerian legislator impose punishment on those who breach the rulings of Article (84) of Act n°. (03 – 10) in (2003), but he also binds the judge to set a time for the sentenced to do the preparations and amendments needed to meet the environmental specifications, punish him if he does not keep to this time and ban him from using the building and the property in question whenever necessary.
Article (85) of Act n°. (03 – 10) in (2003) relating environment protection in the context of sustainable development dictates that: “In the case of sentencing the penalties mentioned in Article (84) above, the judge decides the time the environmental specifications mentioned in the internal stature have to be met. Moreover, the judge can sentence meeting these specifications on the expense of the offender. He can also prohibit, whenever necessary, using a building or any property that cause pollution until the needed environmental specifications are met. If it is not necessary to do environmental fittings and amendments right away, the judge can set a time of the sentenced to abide by the obligations prescribed by the internal statute” ([26]).
In the light of the above mentioned Article, in addition to passing the penalties mentioned in Article (84) above, the judge also has to fix a period of time for the sentenced to carry on the preparations and amendments stipulated in the internal statute to comply with the environmental specifications. Too, the judge can prescribe the following:
– order someone other than the sentenced to do these preparations and amendments at the latter’s charge.
– prohibit the sentenced from using their building or property that cause air pollution until he makes the required preparations and amendments.
However, in case these preparations and amendments are not necessary, it is optional for the judge to set a time for the sentenced to abide by the obligations necessitated by the internal statute.
If the sentenced fails to keep to the time given in Article (85) above, he is possibly to be penalized. Article (86) of Act no. (03 – 10) in (2003) relating environment protection in the context of sustainable development stresses that: “In case that the sentenced breaks the time mentioned in Article (85) above, the judge can sentence him a fine from five thousand Algerian dinars (5,000 A. D.) to ten thousand Algerian dinars (10,000 A. D.) and a threatening fine not less than one thousand Algerian dinars (1,000 A. D.) for every day delay. The judge can also ban using establishments that cause pollution until required environmental specifications are met or until the obligations mentioned are met” ([27]).
According to the previous text, when the sentenced does not abide by to the time set in Article (85) above, it is permissible for the judge to do the following;
– sentence him a fine from five thousand Algerian dinars (5,000 A. D.) to ten thousand Algerian dinars (10,000 A. D.) and a threatening fine not less than one thousand Algerian dinars (1,000 A. D.) for every day delay.
– prohibit him from using establishments that cause pollution until required environmental specifications are met or until the obligations mentioned are met.
It is up to the judge’s discretion to decide the suitable sanction bearing in mind the type and the size the offense as well as the circumstances of the offender.
The wisdom that the legislator imposes these penalizing procedures is to make right the damage that is caused to the environment in application of pollution charging principle. According to this principle, whosoever causes pollution to the environment has to charge the cost of eliminating this pollution and bring the environment back to its original state.
But it should be taken into account that the sentenced violation of the time set in Article (85) can be unintentional. That is, the mental element that is based on knowledge as well as intent is missed. Thus, no legal accountability is considered. That’s why the legislator ought to stress in Article (86) that the sentenced is to be penalized for not abiding by the set time in Article (85) unless he provides an acceptable excuse.
Conclusion
The study aimed to explore the requirements of air and atmosphere protection and its penalties in view of the Algerian Act no. (03-10) in (2003) relating environment protection for sustainable development. The study reached the following findings:
First; The requirements of air and atmosphere protection in the light of the Algerian Act n°. (03-10) in (2003) are as follows;
a) Stipulating commercial, industrial and agricultural activities abide by environment specifications.
b) Taking necessary measures to stop or decrease air polluting emissions:
c) Taking necessary steps to stop or decrease the materials that impoverish the ozone layer:
d) Planning restrictions on gas emissions and other liquid and solid materials that pollute air.
Second; The Algerian legislator puts it right to specify the industrial establishments to take necessary measures to stop or diminish the materials and substances that cause decay to the ozone layer, as it is dictated in Article (46) of Act no. (03 – 10) in (2003), since they are mostly the source of the emissions that pollute air and atmosphere. However, this Article is not inclusive. Not only do industrial units use materials and substances that cause decay of the ozone layer. Agricultural can also affect badly this layer through using chemical fertilizers containing carbon dioxide as well as harmful gases. Thus, the legislator ought to include the farming units as well. That is, he should refer to the responsibility of farming units to protect air and atmosphere from pollution they cause.
Third; Despite the necessity of the measures the Algerian legislator prescribes in order to protect air and atmosphere from pollution, he draws no or little attention to emphasizing using renewable energy that is so clean that it cause no air pollution such as solar, water and wind power.
Fourth; The penalties of air and atmosphere protection in view of the Algerian Act no. (03-10) in (2003) cover two forms of sanctions;
a) Sanctions for breaking the rulings of this Act. They include fining and imprisonment.
b) Sanctions for not abiding by the obligations decided by this Act. They include the following;
– Charging the sentenced the cost needed to do fittings and preparations so as to meet the environmental specifications.
– Prohibiting the sentenced from using their building or property that cause air pollution until meeting the environmental specifications.
– Fining for not abiding by the times set for meeting the environmental specifications.
Fifth; The Algerian legislator sets it right to penalize for not conforming with times given to carry on the fittings needed for meeting the environmental specifications as prescribed in Article (86). Nevertheless, he misses taking into account that the sentenced violation of the time can be unintentional. That is, the mental element that is based on knowledge as well as intent is missed. Thus, no legal accountability is considered in this case. That’s why the legislator ought to stress in Article (86) that the sentenced is to be penalized for not abiding by the time given in Article (85) unless he provides an acceptable excuse.
In the light of the research, the current study recommends the Algerian legislator to consider the following:
First; Referring to the responsibility of farming units, beside the industrial ones, to protect air and atmosphere from pollution they cause. In view of this, it is suggested that Article (46) of Act n°. (03 – 10) in (2003) relating environment protection in the context of sustainable development can be amended as follows;
The industrial and farming units have to take necessary measures to stop or diminish the materials that weaken the ozone layer.
Second; Prescribing using renewable energy such as solar, water and wind power. In view of this, it is suggested adding a paragraph to Article (46) of Act no. (03 – 10) in (2003) relating environment protection in the context of sustainable development, stressing using renewable energy. This paragraph can be as follows;
The industrial, agricultural and commercial establishments as well as means of transport have to take necessary measures to use renewable energy.
Third; Intensifying that the sentenced is to be penalized for not abiding by the time given in Article (85) unless he provides an acceptable excuse. In the light of this, it is suggested amending Article (86) of Act no. (03 – 10) in (2003) relating environment protection in the context of sustainable development to be as follows;
In case that the sentenced breaks the time mentioned in Article (85) above, the judge can sentence him a fine from five thousand Algerian dinars (5,000 A. D.) to ten thousand Algerian dinars (10,000 A. D.) and a threatening fine not less than one thousand Algerian dinars (1,000 A. D.) for every day delay unless he provides an acceptable excuse. The judge can also ban using establishments that cause pollution until required environmental specifications are met or until the obligations mentioned are met.
References
Books
Abu-Amer, Mohamed Zakki, (2010). Qanon Al-Okobat; Al-Qesm Al-Aam, no edition, Dar Al-Jamea’ Al-Jadida, Alexandria.
-Al-Albany, Mohamed Nacer, (2000). Sahih Al-Targheeb wa Tarheeb, edit. 1, A-Riad, Al-Ma’ref Publishing House.
-A-Sharnoubi, Abd Al-Rahman, (1976). Al-Insan Wa Al-Pei’a, no. edition, Cairo, Al-Anglo Al-Misrya Bookshop.
-Ebeid, Raouf, (1979). Mabadei Al-Qesm Al-A’m Men A-Tashree’ Al-Iqabi, edit. 4, Dar Al-Fiqr Al-Arabi, Cairo.
-Hassan, Sahar Amine, (2008). Mawso’at A-Talawoth Al-Pei’, no. edition, Jordan, Amman. Najla Publishing House.
-Mokhlef, Aref Salih, (2007). Al-Idarah Al-Pei’eya; Al-Himaya Al-Idarayah Lel-Pei’a, no. edition, Jordan, Amman, Al-Yazori Publishing House.
– Salamah, Mamoun Mohamed, (1990). Qanon Al-Okobat; Al-Qesm Al-Aam, edition 3, Dar Al-Fiqr Al-Arabi, Cairo.
-Salamah, Mamoun Mohamed, (1983). Qanon Al-Okobat; Al-Qesm Al-Khas, edition 3, Dar Al-Fiqr Al-Arabi, Cairo.
Articles
-Amin, Bin Qardi, (2016). A-Talawoth Al-Pei’ Wa Al-Masouliya A-Taqseeriya A-Najema Anhu Wa Kaifuat A-Ta’weed A’n Haza A-Talawoth, Journal of Land Law and the Environment, University of Ibn Badis, Algeria, vol. (4), issue no. (2), pp. 185 –205.
-Bin A’ischa, Nabila, (2017). Mafhoum A-Talawoth Wa Himayat Al-Pei’a, Journal of Scientific Studies and Researches, University of Yahiya Fares, Medeiyya, Algeria, vol. (11), issue no. (1), pp. 94 – 116.
-Mosa’a, Milod, (2015). A-Talawoth Al-Pei’I, Journal of Scientific Researches in Environmental legislations, University of Ibn Khaldoun, Tiaret, Algeria, vol. (5), issue no. (4), pp. 38 – 54.
-Shebli, Khalid, (2014). Himayat Al-Hawa’ Fe Dou’ Ahkam Al-Qauun no. (03 – 10) relating protecting the environment in the context of sustainable development, Journal of Land Law and the Environment, University of Ibn Badis, Algeria, vol. (2), issue no. (2), pp. 160 – 173.
Laws
Algerian Act n°. (03 – 10) in (2003) relating environment protection in the context of sustainable development, The Algerian Gazette, issue n°. (43) on (20) Jomada Al-U’la (1424), (20) July (2003).
([1]) Surat Al-Imran (The Family of Imran) III, verse: 102.
([2]) Surat An-Nisaa (The Women) IV, verse: 1.
([3]) Surat Al-Ahzab (The Confederates) XXXIII, verse: 70.
([4]) Al-Albany, Sahih Al-Targheeb wa Tarheeb, edit. 1, p.3.
([5]) Bin Qardi Amin, A-Talawoth Al-Pei’ Wa Al-Masouliya A-Taqseeriya A-Najema Anhu Wa Kaifuat A-Ta’weed A’n Haza A-Talawoth, Journal of Land Law and the Environment, vol. (4), issue no. (2), p. 185.
([6]) Milod Mosa’a, A-Talawoth Al-Pei’I, Journal of Scientific Researches in Environmental legislations, vol. (5), issue no. (4), p. 38.
([7]) Nabila bin A’ischa, Mafhoum A-Talawoth Wa Himayat Al-Pei’a, Journal of Scientific Studies and Researches, vol. (11), issue no. (1), p. 94.
([8]) The Algerian Act no. (03-10) on (19) Jomada Al-U’la (1424), (19) July (2003) relating protecting the environment in the context sustainable development. See: The Algerian Gazette, issue no. (43) on (20) Jomada Al-U’la (1424), (20) July (2003).
([9]) Khalid Shebli. Himayat Al-Hawa’ Fe Dou’ Ahkam Al-Qauun no. (03 – 10) relating protecting the environment in the context of sustainable development, Journal of Land Law and the Environment, vol. (2), issue no. (2), p. 164.
([10]) Article (3) of the Algerian Act no. (03-10) on (19) Jomada Al-U’la (1424), (19) July (2003) relating protecting the environment in the context sustainable development. See: The Algerian Gazette, issue no. (43) on (20) Jomada Al-U’la (1424), (20) July (2003).
([11]) Abd Al-Rahman A-Sharnoubi, Al-Insan Wa Al-Pei’a, no. edition, p. 292.
([12]) Aref Salih Mokhlef, Al-Idarah Al-Pei’eya; Al-Himaya Al-Idarayah Lel-Pei’a, no. edition, p. 184.
([13]) Sahar Amine Hassan, Mawso’at A-Talawoth Al-Pei’, no. edition, p. 18.
([14]) Article (44) of the Algerian Act no. (03-10) on (19) Jomada Al-U’la (1424), (19) July (2003) relating protecting the environment in the context sustainable development. See: The Algerian Gazette, issue no. (43) on (20) Jomada Al-U’la (1424), (20) July (2003).
([15]) Article (45) of the Algerian Act no. (03-10) on (19) Jomada Al-U’la (1424), (19) July (2003) relating protecting the environment in the context sustainable development. See: The Algerian Gazette, issue no. (43) on (20) Jomada Al-U’la (1424), (20) July (2003).
([16]) Article (46) of the Algerian Act no. (03-10) on (19) Jomada Al-U’la (1424), (19) July (2003) relating protecting the environment in the context sustainable development. See: The Algerian Gazette, issue no. (43) on (20) Jomada Al-U’la (1424), (20) July (2003).
([17]) Article (46) of the Algerian Act no. (03-10) on (19) Jomada Al-U’la (1424), (19) July (2003) relating protecting the environment in the context sustainable development. See: The Algerian Gazette, issue no. (43) on (20) Jomada Al-U’la (1424), (20) July (2003).
([18]) Article (47) of the Algerian Act no. (03-10) on (19) Jomada Al-U’la (1424), (19) July (2003) relating protecting the environment in the context sustainable development. See: The Algerian Gazette, issue no. (43) on (20) Jomada Al-U’la (1424), (20) July (2003).
([19]) Article (23) of Act no. (03 – 10) in (2003) relating environment protection in the context of sustainable development stresses that: “Concerning the classified foundations, the internal statute regulates the following:
– The foundations list,
– How to receive, suspend and withdraw the license mentioned in Article (19) above,
– The general requirements that are applicable to these foundations,
– The specific technical requirements that are applicable to some classes of these foundations,
– The stipulations and the ways according to which these foundations are controlled and the suspending or precautionary measures that enable to do this control”. See: Article (23) of the Algerian Act no. (03-10) on (19) Jomada Al-U’la (1424), (19) July (2003) relating protecting the environment in the context sustainable development. See: The Algerian Gazette, issue no. (43) on (20) Jomada Al-U’la (1424), (20) July (2003).
([20]) Article (19) of Act no. (03 – 10) in (2003) relating environment protection in the context of sustainable development prescribes that: “The classified foundations, according to their importance and dangers or harm that result from their use, have to be licensed from the minister of environment, the concerned minister when this license is mentioned in the legislation in effect and the governor or the head of the municipal council. The foundations that do not require study of effect are to be licensed from the head of the concerned municipal council. The way that puts this Article into effect is regulated by the internal statute”. See: Article (19) of the Algerian Act no. (03-10) on (19) Jomada Al-U’la (1424), (19) July (2003) relating protecting the environment in the context sustainable development. See: The Algerian Gazette, issue no. (43) on (20) Jomada Al-U’la (1424), (20) July (2003).
([21]) Article (84) of the Algerian Act no. (03-10) on (19) Jomada Al-U’la (1424), (19) July (2003) relating protecting the environment in the context sustainable development. See: The Algerian Gazette, issue no. (43) on (20) Jomada Al-U’la (1424), (20) July (2003).
([22]) The fine penalty means that the sentenced has to pay a particular sum of money through administrative ways. For further detail, refer to: Mamoun Salamah, Qanon Al-Okobat; Al-Qesm Al-Aam, edition 3, p. 663, Mohamed Zakki Abu-Amer, Qanon Al-Okobat; Al-Qesm Al-Aam, no edition, p. 521 and Raouf Ebeid, Mabadei Al-Qesm Al-A’m Men A-Tashree’ Al-Iqabi, edit. 4, p. 865.
([23])The penalty of imprisonment has two types;
a- life imprisonment: in which the sentenced spends all his life in prison , but if he or she is on good behavior, they are set free as long as they spend twenty years at least.
b- Rigorous Imprisonment: in which the sentenced spends a period not less than three years and no more than fifteen years in prison. For further detail, refer to: Mamoun Salamah, Qanon Al-Okobat; Al-Qesm Al-Aam, edition 3, p. 648 and Mohamed Zakki Abu-Amer, Qanon Al-Okobat; Al-Qesm Al-Aam, no edition, pp. 505-508.
68) The fine penalty means that the sentenced has to pay a particular sum of money through administrative ways. For further detail, refer to: Mamoun Salamah, Qanon Al-Okobat; Al-Qesm Al-Aam, edition 3, p. 663, Mohamed Zakki Abu-Amer, Qanon Al-Okobat; Al-Qesm Al-Aam, no edition, p. 521 and Raouf Ebeid, Mabadei Al-Qesm Al-A’m Men A-Tashree’ Al-Iqabi, edit. 4, p. 865.
([24]) Article (87) of the Algerian Act no. (03-10) on (19) Jomada Al-U’la (1424), (19) July (2003) relating protecting the environment in the context sustainable development. See: The Algerian Gazette, issue no. (43) on (20) Jomada Al-U’la (1424), (20) July (2003).
([25]) Khalid Shebli. Himayat Al-Hawa’ Fe Dou’ Ahkam Al-Qauun no. (03 – 10) relating protecting the environment in the context of sustainable development, Journal of Land Law and the Environment, vol. (2), issue no. (2), p. 168.
([26]) Article (85) of the Algerian Act no. (03-10) on (19) Jomada Al-U’la (1424), (19) July (2003) relating protecting the environment in the context sustainable development. See: The Algerian Gazette, issue no. (43) on (20) Jomada Al-U’la (1424), (20) July (2003).
([27]) Article (86) of the Algerian Act no. (03-10) on (19) Jomada Al-U’la (1424), (19) July (2003) relating protecting the environment in the context sustainable development. See: The Algerian Gazette, issue no. (43) on (20) Jomada Al-U’la (1424), (20) July (2003).
