قرار رقم (746) لسنة 1993 بشأن إنشاء جهاز تحصين الساحل

General People's Committee

Decree No. (746) of 1993

on establishing the Coastal Protection Agency

The General People's Committee

Upon review of:

• The Law of the Financial System of the State and the executing regulations and decrees thereof;
• Law No. (5) of 1969 on planning and organising cities and villages and the amendments thereof;
• Law No. (2) of 1971 on mines and quarries;
• Law No. (55) of 1976 on civil service;
• Law No. (15) of 1981 on the system of salaries for national employees in the Great Socialist People's Libyan Arab Jamahiriya;
• Law No. (13) of 1990 on the People's Committees;
• General People's Committee Decree issued on 20/Jumada al-Akhera/1389 FDP corresponding to 06/May/1980 AD on the regulation for administrative contracts;
• The approval of the General People's Committee during its twelfth regular meeting of 1993 AD.

has decreed:

Article (1)

An agency called the Coastal Protection Agency subordinate to the General People's Committee shall be established in accordance with the provisions of this decree.

Article (2)

The main headquarters and legal location of the Agency shall be in the city of Misrata. It shall have worksites in the locations in which it undertakes the performance of its duties.

These sites shall be determined by virtue of a decree issued by the administrative committee of the Agency within the scope of the programs adopted for the Agency's work.

Article (3)

The Agency shall be responsible for implementing all necessary activities to protect the coast, including providing work equipment for whatever is automatically or voluntarily executed, and other activities undertaken by the masses of the People's Congresses or General People's entities.

It may contract with national and non-national bodies to execute certain activities approved by the General People's Committee. The contractual procedures shall be subject to the legislation in force. The Agency shall specifically undertake the following:

1. Prepare technical, design, and planning studies for the execution of the project.
2. Tally the territories that fall inside the scope of the project, and monitor the registration and distribution thereof on behalf of the project in accordance with the legislation in force.
3. Perform actions to protect and establish earthwork barriers, trenches, openings, means of obstruction, as well as other actions that fall within the execution of the project.
4. Provide machinery, tools, accessories, and other capacities that fall within the execution of the project.
5. Supervise the actions of excavation and removal performed by the executing bodies.
6. Propose the necessary estimated budget to execute the projects assigned to the Agency.
7. Any other actions the Agency is entrusted with executing.

Article (4)

The Agency may create work teams at execution sites in order to accomplish its tasks.

These teams shall be established, their competencies specified, and work therein distributed between them by virtue of a decree issued by the Agency's administrative committee.

Article (5)

The Agency shall be managed by an administrative committee that shall be created by virtue of a decree issued by the General People's Committee. It shall have specifically have the following responsibilities:

1. Draft the necessary plans and programs to execute the purposes of the Agency.
2. Undertake all administrative, financial and technical procedures that would provide the necessary capabilities for executing the Agency's programs.
3. Prepare the Agency's yearly draft budget and final account.
4. Select the locations of the projects assigned to the Agency.
5. Draft internal regulations for the Agency.

The decrees stipulated in Items (1), (3) and (6) shall only enter into force upon approval by the General People's Committee.

Article (6)

The Agency's administrative committee shall meet at least once every two months on the basis of an invitation from the Secretary thereof. Its meeting shall not be considered valid without the attendance of a minimum of two-thirds of its members. Decisions shall be issued through a majority of attendees. In the event of a tie, the Secretary's side shall prevail.

Article (7)

The Secretary of the Agency's administrative committee shall be responsible for the executive actions of the agency. He shall have the following responsibilities:

1. Implement the decisions of the administrative committee.
2. Develop and monitor the work system in the Agency.
3. Sign contracts related to the Agency's work in accordance with the stipulations of the regulations and legislation.
4. Submit periodic reports to the General People's Committee on the Agency's work, and provide the supervisory agencies with all information and data requested thereby.
5. Take all security measures and procedures in cooperation with and by using the competent bodies to protect the Agency's projects and properties.
6. Represent the Agency in its relations with others and before the judiciary.
7. Form committees to enter into contracts.

Article (8)

The Agency shall have the power, within the limits of its approved budget, to purchase and contract to provide the machinery, equipment, materials and tools necessary for its activity.

Article (9)

The Agency shall have its own budget that shall be prepared three months before the start of the fiscal year. Its fiscal year shall tart and end with the start and end of the State's fiscal year.

The first fiscal year shall begin with the date of this decree's entry into effect and shall end with the end of the following fiscal year.

Article (10)

The Agency's resources shall be composed of the following:

1. Credits allocated therefor yearly from the State's public budget.
2. Proceeds of loans contracted thereby.
3. Any other resources the Agency is permitted to obtain by virtue of the approval of the General People's Committee.

Article (11)

A special account shall be opened for the Agency. The funds, revenues, and all credits and amounts collected thereby shall be deposited therein.

Article (12)

The Secretariat of the General People's Committee for People's Oversight and Monitoring shall be responsible for inspecting and reviewing the Agency's accounts in accordance with the legislation in force.

Article (13)

A sufficient number of employees shall be employed by the Agency. They shall be appointed, transferred, or delegated in accordance with the provisions of the legislation in force.

Article (14)

This decree shall enter into force from its date of issuance and shall be published in the Official Gazette.

The General People's Committee - Libya

Issued on: 16/Rabi' al-Akher/1403 FDP

Corresponding to: 03/10/1993 AD