Resolution of the Chairman of the Board of Directors of the Environment Agency– Abu Dhabi No. (2) of 2026 Concerning the Protection of Species and Habitats in the Emirate of Abu Dhabi

Resolution No. (2) of 2026 of the Chairman of the Board of Directors of the Environment Agency – Abu Dhabi was issued concerning the protection of species and habitats in the Emirate of Abu Dhabi, pursuant to federal and local legislation governing environmental protection, biodiversity, wildlife, endangered species, and nature reserves. The Resolution establishes a comprehensive regulatory framework linking species protection, habitat conservation, and oversight of activities and projects with potential environmental impacts.

 

A Broad Regulatory Scope Established Through Definitions

Article (1) establishes the conceptual foundation of the Resolution by defining a wide range of terms, including native species, alien species, invasive species, threatened native species, biodiversity, habitats, critical habitats, ecosystems, nature reserves, and environmental licensing.

 

These definitions are significant as they extend the scope of protection beyond individual species to encompass the habitats supporting them and the associated ecological processes.

 

Protection of Species and Habitats as a Direct Legislative Objective

Article (2) identifies the Resolution’s objectives as ensuring the sustainability of habitats and areas designated for biodiversity protection and conservation throughout the Emirate, preserving terrestrial and marine habitats, balancing development requirements with environmental protection, and restoring and rehabilitating degraded or affected habitats.

 

This reflects a regulatory approach that extends beyond preventive protection to encompass ecological restoration and rehabilitation.

 

Application Beyond Nature Reserves

Article (3) extends the Resolution’s application to all terrestrial and marine habitats, including areas of significant biodiversity importance located outside designated nature reserves, as well as native plant and animal species and invasive species.

 

Accordingly, the geographical scope of protection is not confined to established nature reserves but extends to other areas recognized for their ecological significance.

 

Direct Restrictions on Projects and Activities

Article (4) establishes extensive obligations and prohibitions. It prohibits the implementation of projects, strategic plans, or programmes that may adversely affect ecosystems or habitats without obtaining the required licenses and approvals. It also prohibits marine dredging and reclamation projects without authorization and requires measures to mitigate their impact on coastal and marine habitats.

 

The Article further prohibits intentional damage to critical habitats, destruction of nests, collection of eggs, and the possession, trade, or offering for sale of threatened species without lawful authorization. These restrictions also extend to threatened plant species, including their cutting, uprooting, and damage to their habitats.

 

Integration of Biodiversity into Project Assessments

Article (5) addresses the mitigation of environmental impacts arising from projects and requires the application of the mitigation hierarchy. This involves avoiding adverse impacts in the first instance, minimizing them where avoidance is not feasible, and compensating for habitat loss where necessary.

 

The Article also requires the assessment of impacts arising from projects, plans, and programmes on biodiversity and habitats, the preparation of mitigation, compensation, and restoration plans, and the application of environmental best practices throughout the project lifecycle.

 

Extensive Regulatory and Enforcement Powers of the Agency

Article (6) assigns the Environment Agency – Abu Dhabi direct regulatory and supervisory responsibilities, including establishing environmental requirements, requesting studies, issuing licenses and approvals, reviewing mitigation and compensation reports, developing rehabilitation programmes, and implementing conservation programmes for threatened native species. The Agency is also responsible for periodically updating lists of native species.

 

Its competencies further extend to identifying biodiversity protection and conservation areas outside nature reserves, issuing technical guidelines, promoting public awareness, and coordinating with relevant authorities to integrate biodiversity considerations into urban planning and land-use policies.

 

Repeal and Entry into Force

Article (7) repeals any provision or rule that conflicts with the Resolution, while Article (8) provides for its publication in the Official Gazette and its entry into force on the date of publication.

 

Legal and Regulatory Implications of the Resolution

The Resolution represents a transition towards a more integrated biodiversity protection framework, based on preventing environmental harm, linking environmental licensing to project impact assessments, and requiring project proponents to implement avoidance, mitigation, compensation, and restoration measures.

It also extends environmental protection beyond conventional nature reserves to habitats of ecological significance throughout the Emirate.

 

Consequently, the Resolution does not address species protection as an isolated regulatory matter. Rather, it directly integrates biodiversity conservation into planning, project development, investment, and urban development, thereby establishing biodiversity considerations as an integral component of environmental and regulatory decision-making in the Emirate of Abu Dhabi.