ENVIRONMENTAL MANAGEMENT AND CO …

1 LAWS OF KENYAENVIRONMENTAL MANAGEMENT AND CO- ordination ACTCHAPTER 387 Revised Edition 2012 [1999]Published by the National Council for Law Reportingwith the Authority of the MANAGEMENT and Co-ordinationCAP. 387[Rev. 2012] ENVIRONMENTAL MANAGEMENT and Co-ordinationCAP. 387E12 - 3[Issue 1]CHAPTER 387 ENVIRONMENTAL MANAGEMENT AND CO- ordination ACTARRANGEMENT OF SECTIONSPART I II GENERAL to a clean and healthy III ADMINISTRATIONThe National Environment of the National Environment of the of the of the National Environment MANAGEMENT and functions of the of the of the in respect of lead of business and affairs of the of Director-General and by the of the common seal of the from personal of the Authority for and Environment Trust Environment Restoration of funds and disposal of Financial 387 ENVIRONMENTAL MANAGEMENT and Co- ordination [Rev. 2012][Issue 1]E12 - 4 Provincial and District Environment and District Environment of Provincial and District Environment Complaints of the Complaints of the Complaints of the Complaints Committee of and other expenses of the Complaints IV ENVIRONMENTAL Environment Action Plan of the National Environment Action Environment Action Environment Action of Provincial and District Environment Action V PROTECTION AND CONSERVATION OF THE of rivers, lakes and of traditional of hill tops, hill sides, mountain areas and of hilly and mountainous and afforestation of hill tops, hill slopes and mountainous measures for MANAGEMENT of hill tops.

2 Hill sides and mountainous of of energy and planting of trees or of biological of biological resources of biological resources to genetic resources of of environmentally significant of the coastal of the ozone VI ENVIRONMENTAL IMPACT for an ENVIRONMENTAL Impact Assessment of ENVIRONMENTAL Impact on ENVIRONMENTAL Impact Assessment report by Lead Advisory Committee on ENVIRONMENTAL Impact ENVIRONMENTAL Impact Impact of fresh ENVIRONMENTAL Impact Assessment report after EnvironmentalImpact Assessment License of ENVIRONMENTAL Impact Assessment Licence.[Rev. 2012] ENVIRONMENTAL MANAGEMENT and Co-ordinationCAP. 387E12 - 5[Issue 1] in respect of an ENVIRONMENTAL Impact Assessment , suspension or cancellation of ENVIRONMENTAL Impact VII ENVIRONMENTAL AUDIT AND VIII ENVIRONMENTAL QUALITY of a Standards and Enforcement Review of the Standards and Enforcement Review and pollution to supply plant information to the to be discharged only into sewerage to discharge of effluent discharge of effluent discharge quality of emission by motor vehicles and other licensing of emission of emission of for against dangerous handling and disposal of for waste for existing wastes disposal sites and orders to cease of toxic and hazardous materials of discharge of hazardous substances.

3 Chemicals and materials or oil intothe environment and spiller s of pesticides and toxic of pesticides and toxic relating to pesticides and toxic of pesticides and toxic regarding registration of pesticides and toxic for in excess of established standards in respect of noise for the control of noxious 387 ENVIRONMENTAL MANAGEMENT and Co- ordination [Rev. 2012][Issue 1]E12 - 6 PART IX ENVIRONMENTAL RESTORATION ORDERS, ENVIRONMENTALCONSERVATION ORDERS AND ENVIRONMENTAL of ENVIRONMENTAL restoration of ENVIRONMENTAL restoration of ENVIRONMENTAL restoration of ENVIRONMENTAL restoration order by a easements and ENVIRONMENTAL conservation to court for ENVIRONMENTAL of ENVIRONMENTAL of ENVIRONMENTAL for ENVIRONMENTAL X INSPECTION, ANALYSIS AND of ENVIRONMENTAL Inspector s powers to for laboratories analysis of of analysis and its to be of records to the Access to records transmitted to the XI INTERNATIONAL TREATIES, CONVENTIONS AND , agreements and treaties on XII NATIONAL ENVIRONMENT of the National Environment of the of the for determination by to the to the High to appoint Environment to seek the directions of the Tribunal in complex matters.

4 Of members of of a Secretary to the to establish other XIII ENVIRONMENTAL relating to relating to ENVIRONMENTAL Impact relating to relating to relating to hazardous wastes, materials, chemicals and relating to pollution.[Rev. 2012] ENVIRONMENTAL MANAGEMENT and Co-ordinationCAP. 387E12 - 7[Issue 1] relating to ENVIRONMENTAL restoration orders, easements, and by bodies corporate, Partnerships, Principals and , cancellation and other XIV to make SCHEDULESECOND SCHEDULE PROJECTS TO UNDERGO ENVIRONMENTAL IMPACT ASSESSMENTTHIRD SCHEDULE[Rev. 2012] ENVIRONMENTAL MANAGEMENT and Co-ordinationCAP. 387E12 - 9[Issue 1]CHAPTER 387 ENVIRONMENTAL MANAGEMENT AND CO- ordination ACT[Date of assent: 6th January, 2000.][Date of commencement: 14th January, 2000.]An Act of Parliament to provide for the establishment of an appropriate legaland institutional framework for the MANAGEMENT of the environment andfor matters connected therewith and incidental thereto[Act No.]

5 8 of 1999, Act No. 6 of 2006, Act No. 17 of 2006, Act No. 5 of 2007, Act No. 6 of 2009.]WHEREAS it is desirable that a framework ENVIRONMENTAL legislationbe promulgated so as to establish an appropriate legal and institutionalframework for the MANAGEMENT of the environment;AND WHEREAS it is recognised that improved legal and administrative co- ordination of the diverse sectoral initiatives is necessary in order to improvethe national capacity for the MANAGEMENT of the environment;AND WHEREAS the environment constitutes the foundation of nationaleconomic, social, cultural and spiritual advancement;NOW THEREFORE BE IT ENACTED by the Parliament of Kenya, as follows PART I PRELIMINARY1. Short titleThis Act may be cited as the ENVIRONMENTAL MANAGEMENT and Co-ordinationAct, InterpretationIn this Act, unless the context otherwise requires air quality means the concentration prescribed under or pursuant to thisAct of a pollutant in the atmosphere at the point of measurement; ambient air means the atmosphere surrounding the earth but does notinclude the atmosphere within a structure or within any underground space; analysis means the testing or examination of any matter, substance orprocess for the purpose of determining its composition or qualities or its effect(whether physical, chemical or biological) on any segment of the environmentor examination of emissions or recording of noise or sub-sonic vibrations todetermine the level or other characteristics of the noise or sub-sonic vibrationor its effect on any segments of the environment; Analyst means an analyst appointed or designated under section 119.

6 Annual report on the state of the environment means the reportprepared and issued under section 9; Authority means the National Environment MANAGEMENT Authorityestablished under section 7;CAP. 387 ENVIRONMENTAL MANAGEMENT and Co- ordination [Rev. 2012][Issue 1]E12 - 10 beneficial use means a use of the environment or any element orsegment of the environment that is conducive to public health, welfare or safetyand which requires protection from the effects of wastes, discharges, emissionsand deposits; benefited environment means that environment which has benefitedthrough the imposition of one or more obligations on the burdened land; biological diversity means the variability among living organisms fromall sources including, terrestrial ecosystems, aquatic ecosystems and theecological complexes of which they are part; this includes diversity withinspecies, among species and of ecosystems; biological resources include genetic resources organisms or partsthereof, populations, or any other biotic component or ecosystems with actualor potential use or value for humanity.

7 Burdened land means any land upon which an ENVIRONMENTAL easementhas been imposed; chemical means a chemical substance in any form whether by itself orin a mixture or preparation, whether manufactured or derived from nature andfor the purposes of this Act includes industrial chemicals, pesticides, fertilizersand drugs; coastal zone means any area declared to be a protected coastal zoneunder section 55; Continental Shelf means the exclusive economic zone established undersection 4 of the Maritime Zones Act (Cap. 171); controlled area means any area designated as such by the Ministerunder this Act; Deposit Bond means a deposit bond paid under section 28; developer means a person who is developing a project which is subjectto an ENVIRONMENTAL impact assessment process under this Act; Director means a Director appointed under section 10; Director-General means the Director-General of the Authority appointedunder section 10; District Environment Action Plan means the District Environment ActionPlan prepared under section 40; District Environment Committee means the District EnvironmentCommittee appointed under section 29; ecosystem means a dynamic complex of plant, animal, micro-organismcommunities and their non-living environment interacting as a functional unit.

8 Effluent means gaseous waste, water or liquid or other fluid of domestic,agricultural, trade or industrial origin treated or untreated and dischargeddirectly or indirectly into the aquatic environment;[Rev. 2012] ENVIRONMENTAL MANAGEMENT and Co-ordinationCAP. 387E12 - 11[Issue 1] element in relation to the environment mean any of the principalconstituent parts of the environment including water, atmosphere, soil,vegetation, climate, sound, odour, aesthetics, fish and wildlife; environment includes the physical factors of the surroundings of humanbeings including land, water, atmosphere, climate, sound, odour, taste, thebiological factors of animals and plants and the social factor of aesthetics andincludes both the natural and the built environment; ENVIRONMENTAL audit means the systematic, documented, periodic andobjective evaluation of how well ENVIRONMENTAL organisation, MANAGEMENT andequipment are performing in conserving or preserving the environment; ENVIRONMENTAL easement means an easement imposed undersection 112.

9 ENVIRONMENTAL education includes the process of recognising valuesand clarifying concepts in order to develop skills and attitudes necessary tounderstand and appreciate the inter-relatedness among man, his culture andhis biophysical surroundings; ENVIRONMENTAL impact assessment means a systematic examinationconducted to determine whether or not a programme, activity or project will haveany adverse impacts on the environment; ENVIRONMENTAL Inspector means any ENVIRONMENTAL inspector appointedor designated under section 117; ENVIRONMENTAL MANAGEMENT includes the protection, conservation andsustainable use of the various elements or components of the environment; ENVIRONMENTAL monitoring means the continuous or periodicdetermination of actual and potential effects of any activity or phenomenon onthe environment whether short-term or long term; ENVIRONMENTAL planning means both long-term and short-term planningthat takes into account ENVIRONMENTAL exigencies; ENVIRONMENTAL resources includes the resources of the air, land, flora,fauna and water together with their aesthetical qualities; ENVIRONMENTAL restoration order means an order issued under section108; environmentally friendly includes any phenomenon or activity that doesnot cause harm or degradation to the environment; ex-situ conservation means conservation outside the natural ecosystemand habitat of the biological organism; exclusive economic zone means the exclusive economic zoneestablished and delimited under section 4 of the Maritime Zones Act (Cap.)

10 371); financial year means the period of twelve months ending on the thirtiethJune in every year; General Fund means the General Fund established under section 20; genetic resources means genetic material of actual or potential value;CAP. 387 ENVIRONMENTAL MANAGEMENT and Co- ordination [Rev. 2012][Issue 1]E12 - 12 good ENVIRONMENTAL practice means practice that is in accordance withthe provisions of this Act or any other relevant law; hazardous substance means any chemical, waste, gas, medicine, drug,plant, animal or microrganism which is likely to be injurious to human health orthe environment; hazardous waste means any waste which has been determined by theAuthority to be hazardous waste or to belong to any other category of wasteprovided for in section 91; in-situ conservation means conservation within the natural ecosystemand habitat of the biological organism; intergenerational equity means that the present generation shouldensure that in exercising its rights to beneficial use of the environment thehealth, diversity and productivity of the environment is maintained or enhancedfor the benefit of future generations.