Muscat Municipality Issues a Decree on Regulating Mountain-cutting licenses and Excavation Work Under the Roads
Muscat Municipality has issued a decision on regulating the licensing of mountain-cutting and excavation work under the roads. Decision No. (212/2017) in the first article has defined the mechanism of obtaining the license issued by the municipality before the start of cracking or cutting works to reclaim a piece of land or to make protections from falling rocks and landslides. According to the decision this can happen by an authorized contractor and a supervision of a consultant.
As well as the organization of obtaining the license in the works related to drilling to get services under the asphalt road, according to the location of the street and the nature of the soil and the service to be extended, and in such works also to be done by an approved contractor.
The second article has stated that it is not permissible to cut a mountain or carry out digging work under the road except after obtaining a license from the municipality in accordance with the provisions of the regulations in this decision. The decision in article 3 included the necessary documents needed to obtain the license in accordance with this regulation. The municipality in Article 4 shall study the application and decide on it within thirty (30) days from the date of its submission.
The decision in Article 5 bans the cutting mountains or digging under the road between sunset and sunrise and from Friday until midday on Saturday, only after obtaining the prior approval from the municipality,
Article 6 of the decree obligates anyone who has a license to cut the mountains or dig under the road by depositing an insurance amount prior to the commencement of the work to ensure its implementation according to the specified conditions, and the transfer of the waste and cleanliness of the site according to a number of determinants mentioned in the decision,
Article (7) of the decree stipulates that if digging is not possible under the road, it is permitted to cut off the street after getting an approval from the municipality under the conditions of providing a two year bank guarantee amount of minimum (2000) two thousands Omani rial depending the type and length of the cut.
The other condition is that the asphalt road shall be temporarily re-paved immediately after the extension of the line, provided that the final asphalt should be done within One (1) week.
Article 8 of the resolution obligates the Contractor to pay the municipality a sum of money if he wishes to use the Ducts which the Municipality have implemented under the streets, in accordance with the Regulations :
Article 9 stipulates that the contractor shall provide a bank guarantee approved to the Municipality for a period of two (2) years (RO 30,000) in the case of a spiral drilling under a two-lane double main street. An amount of RO 7,500 is added to each additional lane. In accordance with Article 10, the Consultant is committed to submit a request to the Municipality to resolve the situation in the event of a collapse or slippage that harms the buildings surrounding the Project within a maximum period of ten (10) days from the date of the collapse or slippage. The Contractor shall undertake treatment within a period not exceeding one (1) month from the date of the municipality`s approval of the application.
In accordance with Article 11, the competent authority of the municipality shall oblige the contractor to supplement the amount of insurance deposited due to discounting operations within (7) days from the date of notifying him of the deduction
Article 12 of the decree stipulates that the receipts of the landfill that proves the disposal of the waste must be brought to the contractor when requesting the refund of the insurance amount.
With a certificate of completion of the work from the municipality and a letter from the supervising authority of the project; to ensure that it has supervised the work and the implementation according to the necessary procedures.
While Article thirteen and fourteen stipulated to bear criminal liability for any incident caused by the acts carried out, and civil liability for damages that may occur to individuals and public and private property during the execution of the project, as well as the consultant is responsible for errors in designs for cutting the mountain.
In accordance with Article 15, the Contractor shall comply with the removal of waste or debris and shall return the situation as it was within the period specified by the Municipality, provided that it does not exceed one 1 month.
In the case the contractor breaches, the competent authority in the municipality, without prior notice, take a legal action against the contractor, take the necessary procedures to remove the waste, and return the situation to what it was at the expense of the contractor, in addition to deducting the cost directly from the value of insurance, according to the areas identified by the resolution.
The last article of the decree prescribes the penalty of anyone who contravenes the provisions of these regulations with administrative penalties of RO 2.500 in case of cutting the mountain or digging under the road without a license, and an administrative fine of (500) five hundred riyals in case of violating any other provisions. The violator shall be given a period of ten (10) days to remove the reasons for the violation. If the violation is not corrected within the said period, the license shall be considered revoked. Without prejudice to the penalty prescribed by law in accordance with these Regulations.