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Law on Pasture and Grazing Land

THE LAW ON PASTURE & GRAZING LAND

CHAPTER 1
GENERAL PROVISIONS

Article 1:

The present law has been enacted for the protection of pastures and for the better utilization thereof for cattle grazing.

Article 2:

1. The entire land stretches, including wastelands, hillock and the meadows, marshy lands on both sides of a river and woodlands covered with herbaceous plants and natural shrubs and bushes and which can be used as animal fodder, is called a pasture.

There are two kinds of pasture:

1: Specific pasture: Pasture existing within the bounds of villages or towns in accordance with the provision of section (9) of article 2 of the land management law.

2- Communal pasture: Arid land which, in accordance with section (9) of the land management law does not fall within bounds of villages or towns.

Article 3:

(1) The right to use a pasture shall confine to cattle grazing.

(2) Only the cattle of the nearby villages can be grazed on the specific pasture.

(3) The communal pasture can be used for grazing cattle belonging to the communities.

CHAPTER 2
SPECIFIC PASTURE

Article 4:

(1) The specific pasture on which the Emirate or individual ownership cannot be proved by the Islamic canonical law cannot be owned or possessed by the Emirate or by an individual.

(2) The local community can make use of the pasture to provide forage for their cattle in accordance with the provisions of the present law.

The right to use a pasture shall not be bought or sold.

Article 5:

(1) The area and size of a pasture shall be defined and marked by the commission in accordance with the injunction of the Shari‘ah.

(2) Where the area and size of a pasture has not been defined prior to enforcement of the present law, the council of minister shall assign a commission to every province within six months to carry out the provision of clause (1) of the present article.

Article 6:

Buying, selling and leasing a pasture is prohibited.

Article 7:

The area of a specific pasture shall not be sold or leased for expansion of agricultural activities or for other purposes. Establishments of the Emirate public utility development (projects) are exceptions to this rule.

Article 8:

The council of ministers, in order to protect a specific pasture, shall, in accordance with the provisions of the Shari‘ah and those of the land management law, expropriate those private agricultural lands, their right of irrigation, and streams inside or nearby the pasture, which are required for the public use.

CHAPTER 3
GENERAL PASTURE

Article 9:

Being a public utility a barren land pasture can be purchased, sold or leased with the permission of the head of the Emirate.

Article 10:

Grazing goats and camels on pastures inside woodlands shall not be allowed on account of public welfare.

Article 11:

The council of ministers shall adopt necessary measures to protect and improve the conditions of pastures.

CHAPTER 4
MISCELLANEOUS PROVISIONS

Article 12:

(1) Trespass on a pasture as well as changing thereof into agricultural land by an individual shall not be permitted. Where it is found that an individual has changed the area of a pasture into agricultural land, the respective area shall be expropriated from the individual in accordance with the provisions of the present law and shall be considered a pasture as before.

Article 13:

Setting fire to a pasture is not permitted. Where a fire takes place on a pasture the people living in the neighborhood or afar as well as the Emirate (State) departments shall be obliged to extinguish the fire by whatever means possible.

Article 14:

No one can destroy the cattle tracks, their herding and watering places, or use them for other purposes.

Article 15:

Cattle tracks and their herding places having being destroyed or used for other purposes prior to enforcement of the present law, shall again be used as cattle tracks and their herding places unless stipulated otherwise by the Shari‘ah.

Article 16:

(1) The council of ministers shall be authorized to create the requisite staff for the protection and growth of pasture.

(2) The council of ministers shall adopt necessary rules to ensure and facilitate implementation of the provisions of the present law.

Article 17:

Settlement of problems and adjudication on lawsuits resulting from defining the limits of pastures shall take place in accordance with the provisions of the Shari‘ah and enforced rules and regulations.

Article 18:

(1) The following individuals shall be subject to legal prosecution in addition to penalties foreseen hereunder:

1- An individual involved in buying and selling a pasture, or changes it into agricultural land. Such areas shall be expropriated.

2- An individual who destroys livestock herding places or uses them for other purposes shall be dispossessed thereof.

3- Cattle tracks being destroyed or used for other purposes by an individual shall be expropriated.

4- A State employee who sells pasture lands or leases them, the same areas shall be expropriated.

(2) The issue of restoring the produce stipulated under the sub-clauses of clause ((1) of the present article shall be referred to the Shari‘ah court.

(3) A person who intentionally burns a pasture shall be subject to punishment prescribed by the Shari‘ah.

(4) A person who takes his goats and camels for grazing on a pasture inside forest shall be subject to assure that he will not do so in the future.

Article 19:

The Ministry of Agriculture & Livestock shall be obligated to carry out the provisions of the present law with cooperation of the provincial security department.

Article 20:

This law shall come into effect beginning with the date on which it is passed and shall be published in the official gazette, and with the enforcement thereof the law on pasture published in the official gazette # (180), dated 19/12/1349 S.H. (10 March 1971), and decree # (172) published in the official gazette # (771), dated 15/08/1373 S.H. (06/11/1994) shall be deemed abolished.