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

2 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.

3 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, 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

4 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

5 And disposal of for waste for existing wastes disposal sites and orders to cease of toxic and hazardous materials of discharge of hazardous substances, 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.]

6 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.

7 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.]

8 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. 8 of 1999, Act No. 6 of 2006, Act No. 17 of 2006, Act No. 5 of 2007, Act No. 6 of 2009.

9 ]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.

10 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.