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Law Releated Articles
2019-05-17 2019-01-18 2018-05-21 2017-04-20 2015-12-24 2015-06-17 2009-07-23 2007-11-15 2007-05-01 2006-09-08 2000-01-14
Act No: No. 8 of 1999
Act Title: ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION
An Act of Parliament to provide for the establishment of an appropriate legal and institutional framework for the management of the environment and for matters connected therewith and incidental thereto
[Act No. 8 of 1999.]
[Act No. 8 of 1999, Act No. 6 of 2006.]
[Act No. 8 of 1999, Act No. 6 of 2006, Act No. 17 of 2006.]
[Act No. 8 of 1999, Act No. 6 of 2006, Act No. 17 of 2006, Act No. 5 of 2007.]
[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.]
[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, Act No. 5 of 2015.]
[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, Act No. 5 of 2015, Act No. 25 of 2015.]
[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, Act No. 5 of 2015, Act No. 25 of 2015, Act No. 12 of 2017.]
[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, Act No. 5 of 2015, Act No. 25 of 2015, Act No. 12 of 2017, Act No. 4 of 2018.]
[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, Act No. 5 of 2015, Act No. 25 of 2015, Act No. 12 of 2017, Act No. 4 of 2018, Act No. 18 of 2018.]
[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, Act No. 5 of 2015, Act No. 25 of 2015, Act No. 12 of 2017,8, Act No. 18 of 2018, L.N. 31/2019.]
[ Date of commencement: 14th January, 2000. ]
[ Date of assent: 6th January, 2000. ]
Arrangement of Sections
PART I – PRELIMINARY
PART II – GENERAL PRINCIPLES
3.Entitlement to a clean and healthy environment
3A.Access to information
PART III – ADMINISTRATION
4.Establishment of the National Environment Council
5.Functions of the Council
5.Functions of the Cabinet Secretary
6.Procedure of the Council
7.Establishment of the National Environment Management Authority
8.Headquarters
9.Objects and functions of the Authority
10.Board of the Authority
11.Powers of the Authority
12.Powers in respect of lead agencies
13.Conduct of business and affairs of the Authority
14.Remuneration of Director-General and Directors
15.Delegation by the Authority
16.Staff of the Authority
17.The common seal of the Authority
18.Protection from personal liability
19.Liability of the Authority for damages
20.General fund
21.Financial year
22.Annual estimates
23.Accounts and audit
24.National Environment Trust Fund
25.National Environment Restoration Fund
26.Investment of funds and disposal of assets
27.Annual Financial Report
28.Deposit Bonds
29.Provincial and District Environment Committees
29.County Environment Committees
30.Functions of Provincial and District Environment Committees
30.Functions of County Environment Committees
31.Public Complaints Committees
31.National Environmental Department
31.National Environmental Complaints Committee
32.Functions of the Complaints Committee
32.Functions of the National Environmental Department
33.Powers of the Complaints Committee
33.Powers of the National Environmental Department
34.Proceedings of the Complaints Committee privileged
34.Proceedings of the Department privileged
35.Disclosure of interest
36.Remuneration and other expenses of the Complaints Committee
36.Remuneration and other expenses of the Department
PART IV – ENVIRONMENTAL PLANNING
37.National Environment Action Plan Committee
37.National Environment Action Plan
38.Provisions of the National Environment Action Plan
39.Provincial Environment Action Plans
40.District Environment Action Plans
40.County Environment Action Plan
41.Contents of Provincial and District Environment Action Plans
41.Contents of County Environment Action Plans
41A.Purpose of Environmental Action Plans
41B.Monitoring compliance with Environmental Plans
PART V – PROTECTION AND CONSERVATION OF THE ENVIRONMENT
42.Protection of rivers, lakes and wet lands
42. Deleted by Act No. 5 of 2007, s. 77
42.Protection of rivers, lakes, seas and wet lands
43.Protection of traditional interests
44.Protection of hill tops, hill sides, mountain areas and forests
45.Identification of hilly and mountainous areas
46.Re-forestation and afforestation of hill tops, hill slopes and mountainous areas
47.Other measures for management of hill tops, hill sides and mountainous areas
48.Protection of forests
49.Conservation of energy and planting of trees or woodlots
50.Conservation of biological diversity
51.Conservation of biological resources in situ
52.Conservation of biological resources ex-situ
53.Access to genetic resources of Kenya
54.Protection of environmentally significant areas
55.Protection of the coastal zone
56.Protection of the ozone layer
56A.Guidelines on climate change
57.Fiscal incentives
PART VI – INTEGRATED ENVIRONMENTAL IMPACT ASSESSMENT
57A.Strategic Environmental Assessment
58.Application for an Environmental Impact Assessment Licence
59.Publication of Environmental Impact Assessment
60.Comments on Environmental Impact Assessment report by Lead Agencies
61.Technical Advisory Committee on Environmental Impact Assessment
62.Further Environmental Impact Assessment
63.Environmental Impact Licence
64.Submission of fresh Environmental Impact assessment report after Environmental Impact Assessment License issued
65.Transfer of Environmental Impact Assessment Licence
66.Protection in respect of an Environmental Impact Assessment Licence
67.Revocation, suspension or cancellation of Environmental Impact Assessment Licence
PART VII – ENVIRONMENTAL AUDIT AND MONITORING
68.Environmental audit
69.Environmental monitoring
PART VIII – ENVIRONMENTAL QUALITY STANDARDS
70.Establishment of a Standards and Enforcement Review Committee
71.Functions of Standards and Enforcement Review Committee
71.Water quality standards.
72.Water pollution prohibition
73.Duty to supply plant information to the Authority
74.Effluents to be discharged only into sewerage system
75.Licence to discharge effluents
76.Cancellation of effluent discharge licence
77.Register of effluent discharge licences
78.Air quality standards
79.Controlled areas
80.Licensing emissions
81.Issue of emission licence
82.Emissions by motor vehicles and other conveyances
83.Additional licensing procedures
84.Cancellation of emission licence
85.Register of emission of licences
86.Standards for waste
87.Prohibition against dangerous handling and disposal of wastes
88.Application for waste licence
89.Licences for existing wastes disposal sites and plants
90.Court orders to cease operation
91.Hazardous wastes
92.Regulations of toxic and hazardous materials etc
93.Prohibition of discharge of hazardous substances, chemicals and materials or oil into the environment and spiller's liability
94.Standards of pesticides and toxic substances
95.Application for registration of pesticides and toxic substances
96.Application for registration of existing operations involving pesticides and toxic substances
97.Registration of pesticides and toxic substances
98.Offences relating to pesticides and toxic substances
99.Seizure of pesticides and toxic substances
100.Regulations regarding registration of pesticides and toxic substances
101.Standards for noise
102.Noise in excess of established standards prohibited
103.Exemptions in respect of noise standards
104.Standards for ionising and other radiation
104.Radiation Standards
105.Powers of inspectors relating to ionising radiation
106.Offences relating to ionising radiation
107.Standards for the control of noxious smells
107. Repealed by Act No. 5 of 2007, s. 81.
PART IX – ENVIRONMENTAL RESTORATION ORDERS, ENVIRONMENTAL CONSERVATION ORDERS AND ENVIRONMENTAL EASEMENTS
108.Issue of Environmental Restoration Orders
109.Contents of environmental restoration orders
110.Reconsideration of environmental restoration order
111.Issue of environmental restoration order by a court
112.Environmental easements and environmental conservation orders
113.Application to court for environmental easement
114.Enforcement of environmental easements
115.Registration of environmental easements
116.Compensation for environmental easements
PART X – INSPECTION, ANALYSIS AND RECORDS
117.Appointment of Environmental Inspectors
118.Environmental Inspector's powers to prosecute
119.Procedures for laboratories analysis of samples
120.Certificate of analysis and its effect
121.Records to be kept
122.Transmission of records to the Authority
123.Public Access to records transmitted to the Authority
PART XI – INTERNATIONAL TREATIES, CONVENTIONS AND AGREEMENTS
124.Conventions, agreements and treaties on environment
124ATransactions requiring Parliamentary ratification
PART XII – NATIONAL ENVIRONMENT TRIBUNAL
125.Establishment of the National Environment Tribunal
126.Proceedings of the Tribunal
127.Awards of the Tribunal
128.Quorum for determination by Tribunal
129.Appeals to the Tribunal
130.Appeals to the High Court
130.Appeals to the Environment and Land Court
130.Appeals to the Environment and Environment and Land Court
131.Power to appoint Environment Assessors
132.Power to seek the directions of the Tribunal in complex matters, etc.
133.Immunity
134.Remuneration of members of Tribunal
134A.Staff of the Tribunal
135.Appointment of a Secretary to the Tribunal
136.Powers to establish other Tribunals
PART XIII – ENVIRONMENTAL OFFENCES
137.Offences relating to inspection
138.Offences relating to Environmental Impact Assessment
139.Offences relating to records
140.Offences relating to standards
141.Offences relating to hazardous wastes, materials, chemicals and radioactive substances
142.Offences relating to pollution
143.Offences relating to Environmental restoration orders, easements, and conservation orders
143.Offences relating to Environmental restoration orders, orders of the Tribunal, easements, and conservation orders
144.General penalty
145.Offences by bodies corporate, Partnerships, Principals and Employers
146.Forfeiture, cancellation and other orders
PART XIV – REGULATIONS
147.Power to make regulations
147A.County legislation
148.Existing laws
148.Effect of existing laws
FIRST SCHEDULE [Sections 4 (1)(b), 29 (1)(c), (3)(b) & 37 (1)(b).]
SECOND SCHEDULE [Section 58, Act No. 5 of 2015, s. 80, L.N. 31/2019.]
THIRD SCHEDULE [Sections 37(1)(d), 70(2).]
This Act may be cited as the Environmental Management and Co-ordination Act, 1999.
In this Act, unless the context otherwise requires—
"air quality" means the concentration prescribed under or pursuant to this Act of a pollutant in the atmosphere at the point of measurement;
"ambient air" means the atmosphere surrounding the earth but does not include the atmosphere within a structure or within any underground space;
"analysis" means the testing or examination of any matter, substance or process for the purpose of determining its composition or qualities or its effect (whether physical, chemical or biological) on any segment of the environment or examination of emissions or recording of noise or sub-sonic vibrations to determine the level or other characteristics of the noise or sub-sonic vibration or its effect on any segments of the environment;
"Analyst" means an analyst appointed or designated under section 119;
"annual report on the state of the environment" means the report prepared and issued under section 9;
"Authority" means the National Environment Management Authority established under section 7;
"beneficial use" means a use of the environment or any element or segment of the environment that is conducive to public health, welfare or safety and which requires protection from the effects of wastes, discharges, emissions and deposits;
"benefited environment" means that environment which has benefited through the imposition of one or more obligations on the burdened land;
"biological diversity" means the variability among living organisms from all sources including, terrestrial ecosystems, aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, among species and of ecosystems;
"biological resources" include genetic resources organisms or parts thereof, populations, or any other biotic component or ecosystems with actual or potential use or value for humanity;
"burdened land" means any land upon which an environmental easement has been imposed;
"chemical" means a chemical substance in any form whether by itself or in a mixture or preparation, whether manufactured or derived from nature and for the purposes of this Act includes industrial chemicals, pesticides, fertilizers and drugs;
"coastal zone" means any area declared to be a protected coastal zone under section 55;
"Continental Shelf" means the exclusive economic zone established under section 4 of the Maritime Zones Act (Cap. 171);
"controlled area" means any area designated as such by the Minister under this Act;
"Deposit Bond" means a deposit bond paid under section 28;
"developer" means a person who is developing a project which is subject to 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 appointed under section 10;
"District Environment Action Plan" means the District Environment Action Plan prepared under section 40;
"District Environment Committee" means the District Environment Committee appointed under section 29;
"ecosystem" means a dynamic complex of plant, animal, micro-organism communities and their non-living environment interacting as a functional unit;
"effluent" means gaseous waste, water or liquid or other fluid of domestic, agricultural, trade or industrial origin treated or untreated and discharged directly or indirectly into the aquatic environment;
"element" in relation to the environment mean any of the principal constituent 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 human beings including land, water, atmosphere, climate, sound, odour, taste, the biological factors of animals and plants and the social factor of aesthetics and includes both the natural and the built environment;
"environmental audit" means the systematic, documented, periodic and objective evaluation of how well environmental organisation, management and equipment are performing in conserving or preserving the environment;
"environmental easement" means an easement imposed under section 112;
"environmental education" includes the process of recognising values and clarifying concepts in order to develop skills and attitudes necessary to understand and appreciate the inter-relatedness among man, his culture and his biophysical surroundings;
"environmental impact assessment" means a systematic examination conducted to determine whether or not a programme, activity or project will have any adverse impacts on the environment;
"Environmental Inspector" means any environmental inspector appointed or designated under section 117;
"environmental management" includes the protection, conservation and sustainable use of the various elements or components of the environment;
"environmental monitoring" means the continuous or periodic determination of actual and potential effects of any activity or phenomenon on the environment whether short-term or long term;
"environmental planning" means both long-term and short-term planning that 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 section 108;
"environmentally friendly" includes any phenomenon or activity that does not cause harm or degradation to the environment;
" conservation" means conservation outside the natural ecosystem and habitat of the biological organism;
"exclusive economic zone" means the exclusive economic zone established and delimited under section 4 of the Maritime Zones Act (Cap. 371);
"financial year" means the period of twelve months ending on the thirtieth June in every year;
"General Fund" means the General Fund established under section 20;
"genetic resources" means genetic material of actual or potential value;
"good environmental practice" means practice that is in accordance with the 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 or the environment;
"hazardous waste" means any waste which has been determined by the Authority to be hazardous waste or to belong to any other category of waste provided for in section 91;
" conservation" means conservation within the natural ecosystem and habitat of the biological organism;
"intergenerational equity" means that the present generation should ensure that in exercising its rights to beneficial use of the environment the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations;
"intragenerational equity" means that all people within the present generation have the right to benefit equally from the exploitation of the environment, and that they have an equal entitlement to a clean and healthy environment;
"lead agency" means any Government ministry, department, parastatal, state corporation or local authority, in which any law vests functions of control or management or any element of the environment or natural resources;
"local authority" has the meaning assigned to it in section 2 of the Local Government Act (Cap. 265);
"Minister" means the Minister for the time being responsible for matters relating to the Environment;
"mixture containing oil" means a mixture of substances or liquids with such oil content as may be specified under this Act or, if such oil content is not specified, a mixture with an oil content of one hundred parts or more in one million parts of the mixture;
"National Council of Non-Governmental Organisations" means the Council established by section 23 of the Non-Governmental Organizations Co-ordination Act, 1990 (No. 19 of 1990);
"National Environment Action Plan" means the plan referred to in section 37;
"natural resources" include resources of the air, land, water, animals and plants including their aesthetic qualities;
"noise" means any undesirable sound that is intrinsically objectionable or that may cause adverse effects on human health or the environment;
"occupational air quality" means the concentration prescribed under or pursuant to this Act of a substance or energy in the atmosphere within a structure or under-ground space in which human activities take place;
"occupier" means a person in occupational or control of premises, and in relation to premises different parts of which are occupied by different persons, means the respective persons in occupation or control of each part;
"oil" includes—
crude oil, refined oil, diesel oil, fuel oil and lubricating oil; and
any other description of oil which may be prescribed;
"owner" in relation to any premises means—
the registered proprietor of the premises;
the lessee, including a sub-lessee of the premises;
the agent or trustee of any other owners described in paragraphs (a) and (b) of this interpretation section or where such owner as described in paragraphs (a) and (b) cannot be traced or has died, his legal personal representative;
the person for the time being receiving the rent of the premises whether on his own account or as agent or trustee for any other person or as receiver or who would receive the rent if such premises were let to a tenant; and
in relation to any ship means the person registered as the owner of the ship or in the absence of registration, the person owning the ship; except that in the case of a ship owned by any country and operated by a company which in that country is registered as the ship's operator, "owner" shall include such country and the master of the ship;
"ozone layer" means the layer of the atmospheric zone above the planetary boundary layer as defined in the Vienna Convention for the Protection of the Ozone Layer, 1985;
"pollutant" includes any substance whether liquid, solid or gaseous which—
may directly or indirectly alter the quality of any element of the receiving environment;
is hazardous or potentially hazardous to human health or the environment; and
includes objectionable odours, radio-activity, noise, temperature change or physical, chemical or biological change to any segment or element of the environment;
"polluter-pays principle" means that the cost of cleaning up any element of the environment damaged by pollution, compensating victims of pollution, cost of beneficial uses lost as a result of an act of pollution and other costs that are connected with or incidental to the foregoing, is to be paid or borne by the person convicted of pollution under this Act or any other applicable law;
"pollution" means any direct or indirect alteration of the physical, thermal, chemical, biological, or radio-active properties of any part of the environment by discharging, emitting, or depositing wastes so as to affect any beneficial use adversely, to cause a condition which is hazardous or potentially hazardous to public health, safety or welfare, or to animals, birds, wildlife, fish or aquatic life, or to plants or to cause contravention of any condition, limitation, or restriction which is subject to a licence under this Act;
"practicable" means reasonably practicable having regard, among other things, to local conditions and knowledge and the term "practicable means" includes the provision and the efficient maintenance of plants and the proper use thereof, and the supervision by or on behalf of the occupier of any process or operation;
"precautionary principle" is the principle that where there are threats of damage to the environment, whether serious or irreversible, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation;
"premises" include messages, buildings, lands, and hereditaments in every tenure and machinery, plant or vehicle used in connection with any trade carried on at any premises;
"project" includes any project, programme or policy that leads to projects which may have an impact on the environment;
"project report" means a summary statement of the likely environmental effects of a proposed development referred to in section 58;
"proponent" means a person proposing or executing a project, program or an undertaking specified in the Second Schedule;
"proprietary information" means information relating to any manufacturing process, trade secret, trade mark, copyright, patent or formula protected by law in Kenya or by any international treaty to which Kenya is a party;
"Provincial Director of Environment" means the Provincial Director of Environment appointed under section 16;
"Provincial Environment Committee" means the Provincial Environment Committee appointed under section 29;
"Public Complaints Committee" means the Public Complaints Committee established under section 31;
"radiation" includes ionising radiation and any other radiation likely to have adverse effects on human health and the environment;
"regional development authority" means a regional development authority established by an Act of Parliament;
"regulations" mean regulations made under this Act;
"Restoration Fund" means the National Environment Restoration Fund established under section 25;
"segment" in relation to the environment means any portion or portions of the environment expressed in terms of volume, space, area, quantity, quality or time or any combination thereof;
"ship" includes every description of vessel or craft or floating structure;
"soil" includes earth, sand, rock, shales, minerals, vegetation, and the flora and fauna in the soil and derivatives thereof such as dust;
"standard" means the limits of discharge or emissions established under this Act or under regulations made pursuant to this Act or any other written law;
"sustainable development" means development that meets the needs of the present generation without compromising the ability of future generations to meet their needs by maintaining the carrying capacity of the supporting ecosystems;
"sustainable use" means present use of the environment or natural resources which does not compromise the ability to use the same by future generations or degrade the carrying capacity of supporting ecosystems;
"territorial waters" means territorial waters provided for under section 3 of the Maritime Zones Act (Cap. 371);
"trade" means any trade, business or undertaking whether originally carried on at fixed premises or at varying places which may result in the discharge of substances and energy and includes any activity prescribed to be a trade, business or undertaking for the purposes of this Act;
"Tribunal" means the National Environment Tribunal established under section 125;
"Trust Fund" means the National Environment Trust Fund established under section 24;
"waste" includes any matter prescribed to be waste and any matter whether liquid, solid, gaseous or radioactive, which is discharged, emitted or deposited in the environment in such volume, composition or manner likely to cause an alteration of the environment;
"water" includes drinking water, river, stream, water-course, reservoir, well, dam, canal, channel, lake swamp, open drain, or underground water;
"wetland" means areas permanently or seasonally flooded by water where plants and animals have become adapted.
"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matter relating to environment and natural resources;
"coastal zone" means the geomorphologic area where the land interacts with the sea comprising terrestrial and marine areas made up of biotic and abiotic components or systems coexisting and interacting with each other and with socio-economic activities;
"Continental Shelf" has the meaning assigned to it by the United Nations Convention on the Law of the Sea;
"controlled area" means any area designated as such by the Cabinet Secretary under this Act;
"County Environment action plan" mean a County Environment action plan prepared under section 40;
"County Environment Committee" means a committee established under section 29;
"county government" has the meaning assigned to it in section 2 of the County Governments Act No. 17 of 2012;
"environmental organization" means a public benefits organization whose objective is to conserve the environment and natural resources and is duly registered as a community based organization, or a public benefits organization;
"exclusive economic zone" has the meaning assigned to it by the United Nations Convention on the Law of the Sea;
"indigenous knowledge" means any traditional knowledge of sources, components, capabilities, practices and uses of, and processes of preparation, use and storage of plant and animal species and their genetic resources;
"Ministry" means the Ministry for the time being responsible for matters relating to the environment";
"National Council of Public benefit organizations" means the Council established by section 23 of the Public benefit organizations Co-ordination Act, 1990 (No. 19 of 1990);
"natural resources" has the meaning provided under Article 260 of the Constitution;
"natural resource agreements" means an agreement which involves the grant of a right or concession by or on behalf of any person, including the national government, to another person for the exploitation of any natural resource in Kenya;
"person" means a legal person;
"Public Department" means the Public Department established under section 31;
"strategic environmental assessment" means a formal and systematic process to analyse and address the environmental effects of policies, plans, programmes and other strategic initiatives;
"traditional knowledge" means such knowledge as may be socially and culturally acquired within or without the context of conventional education by Kenyans;
"voluntary environmental management" means the principle of encouraging voluntary compliance in conserving the environment and which is a cost-effective and efficient method of attaining compliance with environmental regulations and of encouraging innovative conservation practices;
"wetland" means areas of marsh, fen, peatland or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six metres;
"wildlife" has the meaning assigned to it in the Wildlife Conservation and Management Act, (No. 47 of 2013).
[Act No. 5 of 2015, s. 2.]
"Complaints Committee" means the National Environmental Complaints Committee established under section 31;
"county government" has the meaning assigned to it in section 2 of the County Governments Act (No. 17 of 2012);
"District Environment Action Plan" deleted by Act No. 5 of 2015, s. 2(1)(c);
"District Environment Committee" deleted by Act No. 5 of 2015, s. 2(1)(b);
"ex-situ conservation" means conservation outside the natural ecosystem and habitat of the biological organism;
"in-situ conservation" means conservation within the natural ecosystem and habitat of the biological organism;
"local authority" deleted by Act No. 5 of 2015, s. 2 (1)f);
"Ministry" means the Ministry for the time being responsible for matters relating to the environment;
"Provincial Environment Committee" deleted by Act No. 5 of 2015, s. 2(1)d);
"Public Department" deleted by Act No. 18 of 2018, Sch.;
"wildlife" has the meaning assigned to it in the Wildlife Conservation and Management Act (No. 47 of 2013).
[Act No. 5 of 2015, s. 2, Act No. 18 of 2018, Sch.]
Entitlement to a clean and healthy environment
Every person in Kenya is entitled to a clean and healthy environment and has the duty to safeguard and enhance the environment.
The entitlement to a clean and healthy environment under subsection (1) includes the access by any person in Kenya to the various public elements or segments of the environment for recreational, educational, health, spiritual and cultural purposes.
If a person alleges that the entitlement conferred under subsection (1) has been, is being or is likely to be contravened in relation to him, then without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the High Court for redress and the High Court may make such orders, issue such writs or give such directions as it may deem appropriate to—
prevent, stop or discontinue any act or omission deleterious to the environment;
compel any public officer to take measures to prevent or discontinue any act or omission deleterious to the environment;
require that any on-going activity be subjected to an environment audit in accordance with the provisions of this Act;
compel the persons responsible for the environmental degradation to restore the degraded environment as far as practicable to its immediate condition prior to the damage; and
provide compensation for any victim of pollution and the cost of beneficial uses lost as a result of an act of pollution and other losses that are connected with or incidental to the foregoing.
A person proceeding under subsection (3) of this section shall have the capacity to bring an action notwithstanding that such a person cannot show that the defendant's act or omission has caused or is likely to cause him any personal loss or injury provided that such action—
is not frivolous or vexatious; or
is not an abuse of the court process.
In exercising the jurisdiction conferred upon it under subsection (3), the High Court shall be guided by the following principles of sustainable development—
the principle of public participation in the development of policies, plans and processes for the management of the environment;
the cultural and social principles traditionally applied by any community in Kenya for the management of the environment or natural resources in so far as the same are relevant and are not repugnant to justice and morality or inconsistent with any written law;
the principle of international co-operation in the management of environmental resources shared by two or more states;
the principles of intergenerational and intragenerational equity;
the polluter-pays principle; and
the pre-cautionary principle.
Every person in Kenya is entitled to a clean and healthy environment in accordance with the Constitution and relevant laws and has the duty to safeguard and enhance the environment.
Every person shall cooperate with state organs to protect and conserve the environment and to ensure the ecological sustainable development and use of natural resources.
If a person alleges that the right to a clean and healthy environment has been, is being or is likely to be denied, violated, infringed or threatened, in relation to him, then without prejudice to any other action with respect to the same matter which is lawfully available, that person may on his behalf or on behalf of a group or class of persons, members of an association or in the public interest may apply to the Environment and Land Court for redress and the Environment and Land Court may make such orders, issue such writs or give such directions as it may deem appropriate to—
In exercising the jurisdiction conferred upon it under subsection (3), the Environment and Land Court shall be guided by the following principles of sustainable development—
[Act No. 5 of 2015, ss. 2 & 3.]
Subject to the law relating to access to information, every person has the right to access any information that relates to the implementation of this Act that is in the possession of the Authority, lead agencies or any other person.
A person desiring the information referred to in subsection (1) shall apply to the Authority or a lead agency and may be granted access to such information on payment of the prescribed fee.
Establishment of the National Environment Council
There is established a council to be known as the National Environment Council (hereinafter referred to as the "Council") which shall consist of—
the Minister who shall be the chairman;
the Permanent Secretaries in the Ministries for the time being responsible for the matters specified in the First Schedule;
two representatives of public universities in Kenya to be appointed by the Minister;
two representatives of specialised research institutions in Kenya to be appointed by the Minister;
three representatives of the business community, to be appointed by the Minister, one of whom shall be a representative of oil marketing companies;
two representatives of Non-Governmental organisations active in the environmental field to be appointed by the Minister;
the Director-General who shall be the secretary; and
such number of other members as may, from time, be co-opted by the Minister to be members of the Council.
Every appointment under paragraph (f) of subsection (1) shall be made from a list of nominees submitted by the Non-Governmental Organizations Council.
Every appointment under paragraphs (c), (d), (e), (f) and (h) of subsection (1) shall be by name and by notice in the Gazette and shall be for a renewable period of three years, but shall cease if the appointee—
serves the Minister with a written notice of resignation; or
is absent from three consecutive meetings of the Council without the permission of the Minister; or
is convicted of an offence and sentenced to imprisonment for a term exceeding six months or to a fine exceeding ten thousand shillings; or
is incapacitated by prolonged physical or mental illness from performing his duties as a member of the Council; or
conducts himself in a manner deemed by the Minister, in consultation with the Council, to be inconsistent with membership of the Council; or
is adjudged bankrupt or has entered into a scheme or arrangement with his creditors.
Repealed by Act No. 5 of 2015, s. 5.
Functions of the Council
The Council shall—
be responsible for policy formulation and directions for purposes of this Act;
set national goals and objectives and determine policies and priorities for the protection of the environment;
promote co-operation among public departments, local authorities, private sector, Non-Governmental Organisations and such other organizations engaged in environmental protection programmes; and
perform such other functions as are assigned under this Act.
Functions of the Cabinet Secretary
The Cabinet Secretary shall—
promote co-operation among public departments, local authorities, private sector, Non-Governmental Organisations and such other organizations engaged in environmental protection programmes;
(ca)
provide evidence of public participation in the formulation of the policy and the environmental action plan; and
Procedure of the Council
The Council shall meet at least four times in every financial year, at such place as it may deem appropriate for the transaction of its business.
The Minister shall preside at all meetings of the Council but in his absence a person appointed by him shall preside on his behalf at such a meeting.
The secretary to the Council shall prepare and keep all the records of the business conducted at the meetings of the Council.
The powers of the Council shall not be affected by any vacancy in the membership thereof nor by any defect in the appointment of a person purporting to be a member of the Council.
Subject to this section, the Council shall regulate its own procedure.
Establishment of the National Environment Management Authority
There is established an Authority to be known as the National Environment Management Authority.
The Authority shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of—
suing and being sued;
taking, purchasing, charging and disposing of movable and immovable property;
borrowing money;
entering into contracts; and
doing or performing all such other things or acts for the proper administration of this Act, which may lawfully be performed by a body corporate.
The Headquarters of the Authority shall be in Nairobi.
The headquarters of the Authority shall be in Nairobi but the Authority shall ensure its services are accessible in all parts of the Republic.
Objects and functions of the Authority
The object and purpose for which the Authority is established is to exercise general supervision and co-ordination over all matters relating to the environment and to be the principal instrument of Government in the implementation of all policies relating to the environment.
Without prejudice to the generality of the foregoing, the Authority shall—
co-ordinate the various environmental management activities being undertaken by the lead agencies and promote the integration of environmental considerations into development policies, plans, programmes and projects with a view to ensuring the proper management and rational utilization of environmental resources on a sustainable yield basis for the improvement of the quality of human life in Kenya;
take stock of the natural resources in Kenya and their utilisation and conservation;
establish and review in consultation with the relevant lead agencies, land use guidelines;
examine land use patterns to determine their impact on the quality and quantity of natural resources;
carry out surveys which will assist in the proper management and conservation of the environment;
advise the Government on legislative and other measures for the management of the environment or the implementation of relevant international conventions, treaties and agreements in the field of environment, as the case may be;
advise the Government on regional and international environmental conventions, treaties and agreements to which Kenya should be a party and follow up the implementation of such agreements where Kenya is a party;
undertake and co-ordinate research, investigation and surveys in the field of environment and collect, collate and disseminate information about the findings of such research, investigation or survey;
mobilise and monitor the use of financial and human resources for environmental management;
(j)
identify projects and programmes or types of projects and programmes, plans and policies for which environmental audit or environmental monitoring must be conducted under this Act;
initiate and evolve procedures and safeguards for the prevention of accidents which may cause environmental degradation and evolve remedial measures where accidents occur;
monitor and assess activities, including activities being carried out by relevant lead agencies, in order to ensure that the environment is not degraded by such activities, environmental management objectives are adhered to and adequate early warning on impending environmental emergencies is given;
undertake, in co-operation with relevant lead agencies, programmes intended to enhance environmental education and public awareness about the need for sound environmental management as well as for enlisting public support and encouraging the effort made by other entities in that regard;
publish and disseminate manuals, codes or guidelines relating to environmental management and prevention or abatement of environmental degradation;
render advice and technical support, where possible, to entities engaged in natural resources management and environmental protection so as to enable them to carry out their responsibilities satisfactorily;
prepare and issue an annual report on the state of the environment in Kenya and in this regard may direct any lead agency to prepare and submit to it a report on the state of the sector of the environment under the administration of that lead agency;
perform such other functions as the Government may assign to the Authority or as are incidental or conducive to the exercise by the Authority of any or all of the functions provided under this Act.
The Minister shall lay every annual report on the state of the environment prepared under subsection (2)(p) before the National Assembly as soon as reasonably practicable after its publication where the National Assembly is in session, or where not in session, within twenty-one days of the day the National Assembly next sits after such publication.
audit and determine the net worth or value of the natural resources in Kenya and their utilization and conservation;
make recommendations to the relevant authorities with respect to land use planning;
deleted by Act No. 15 of 2015, s. 9(c);
undertake research, investigation and surveys in the field of environment and collect, collate and disseminate information about the findings of such research, investigation or survey;
undertake, in co-operation with relevant lead agencies, programmes intended to enhance environmental education, public awareness and public participation;
develop, publish and disseminate manuals, codes or guidelines relating to environmental management and prevention or abatement of environmental degradation;
render advice and technical support, where possible, to entities engaged in natural resources management and environmental protection;
prepare and submit to the Cabinet Secretary every two years, and report on the state of the environment in Kenya and in this regard may direct any lead agency to prepare and submit to it a report on the state of the sector of the environment under the administration of that lead agency;
encourage voluntary environmental conservation practices and natural resource conservancies, easements, leases, payments for ecosystem services and other such instruments and in this regard, develop guidelines;
work with other lead agencies to issue guidelines and prescribe measures to achieve and maintain a tree cover of at least ten per cent of the land area of Kenya;
The Cabinet Secretary shall lay every annual report on the state of the environment prepared under subsection (2)(p) before the National Assembly as soon as reasonably practicable after its publication where the National Assembly is in session, or where not in session, within twenty-one days of the day the National Assembly next sits after such publication.
Board of the Authority
The Authority shall be managed by a Board, which shall consist of—
a chairman appointed by the President;
the Permanent Secretary of the Ministry for the time being responsible for matters relating to the Authority or an officer of that Ministry designated in writing by the Permanent Secretary;
a Director-General appointed by the President;
three Directors who shall be officers of the Authority;
seven members, not being public officers, appointed by the Minister in consultation with the Council; and
the Secretary to the Board, who shall be appointed by the Authority.
No person shall be appointed under subsections (1)(a), (c), (d) or (e) unless such person holds at least a post-graduate degree from a recognized university in the fields of environmental law, environmental science, natural resource management or a relevant social science and in the case of the Director-General, has at least fifteen years' working experience in the relevant field.
The members referred to under subsection (1)(a) and (e) of subsection (1) shall be appointed at different times so that the respective expiry dates of their terms of office shall fall at different times.
The members appointed under paragraph (a), (c) and (e) of subsection (1) shall hold office for a term of four years and shall be eligible for reappointment for one further term of four years.
The Board shall elect a Vice-Chairman from among the members appointed under paragraph (e) of subsection (1).
The Board shall meet at least four times in every financial year.
The Chairman shall preside at every meeting of the Board at which he is present, but in his absence the Vice-Chairman shall preside, and in his absence, the members present shall elect one of their number who shall, with respect to that meeting and the business transacted thereat have all the powers of the Chairman.
Unless a unanimous decision is reached, a decision on any matter before the Board shall be by a majority of votes of the members present and in the case of an equality of votes, the Chairman or person presiding shall have a casting vote.
The quorum for the transaction of the business of the Board shall be seven members including the person presiding; and all acts, matters or things authorised or required to be done by the Board, shall be effected by a resolution passed by a majority of the members present and voting.
The Secretary to the Board shall not be entitled to vote on any matter before the Board.
The appointment of a member of the Board may be terminated by the appointing authority where the member—
is adjudged bankrupt or enters into a composition or scheme of arrangement with his creditors;
is convicted of an offence and sentenced to imprisonment for a term of six months or more without the option of a fine;
is incapacitated by prolonged physical or mental illness from performing his duties as a member of the Board; or
becomes, for any reason, incapable or incompetent of properly performing the functions of his office.
Where a member of the Board dies or resigns or otherwise vacates office before the expiry of his term of office, the appointing authority shall appoint another person in the place of such member.
Where the Director-General is unable to perform the functions of his office due to any temporary incapacity which is likely to be prolonged, the President may appoint a substitute therefore to act with the full powers of the Director-General until such time as the President determines that the incapacity has ceased.
(a) The Director-General shall be the chief executive of the Authority and shall subject to this Act, be responsible for the day to day management of the affairs of the Authority;
A Director shall perform such functions as are conferred by this Act and such additional duties as may be assigned by the Director-General;
The Director-General and the Directors of the Authority shall be paid such salaries and allowances as may, from time to time, be determined by the President.
Subject to subsections (6), (7), (8) and (9) the Board shall regulate its own procedure.
a Chairperson appointed by the President;
a Director-General who shall be the Secretary to the Board appointed by the Cabinet Secretary from amongst three persons selected by the Board through a competitive recruitment process;
the Principal Secretary in charge of finance or his representative;
six members, not being public officers, appointed by the Cabinet Secretary;
the Attorney General or his representative.
Where the office of the Director - General falls vacant, the Board may, pending the appointment of a Director General, appoint a person to act in that capacity provided that such appointment shall not exceed a period of six months.
The Board shall elect a Vice-Chairperson from among the members appointed under paragraph (e) of subsection (1).
The Chairperson shall preside at every meeting of the Board at which he is present, but in his absence the Vice-Chairperson shall preside, and in his absence, the members present shall elect one of their number who shall, with respect to that meeting and the business transacted thereat have all the powers of the Chairperson.
Unless a unanimous decision is reached, a decision on any matter before the Board shall be by a majority of votes of the members present and in the case of an equality of votes, the Chairperson or person presiding shall have a casting vote.
Deleted by Act No. 5 of 2015, s. 10.
[Act No. 5 of 2015, ss. 2 & 10.]
Powers of the Authority
The Authority shall have all powers necessary for the proper performance of its functions under this Act and in particular, but without prejudice to the generality of the foregoing, the Authority shall have powers to—
control, supervise and administer the assets of the Authority in such manner as best promotes the purpose for which the Authority is established;
determine the provisions to be made for capital and recurrent expenditure and for reserves of the Authority;
receive any grants, gifts, donations or endowments and make legitimate disbursements therefrom;
enter into association with other bodies or organisations within or outside Kenya as the Authority may consider desirable or appropriate and in furtherance of the purpose for which the Authority is established;
open a banking account or banking accounts for the funds of the Authority; and
invest any funds of the Authority not immediately required for its purposes in the manner provided in section 26.
Powers in respect of lead agencies
The Authority may after giving reasonable notice of its intention so to do, directly lead agency to perform, within such time and in such manner as it shall specify, any of the duties imposed upon the lead agency by or under this Act or any other written law, in the field of environment and if the lead agency fails to comply with such directions, the Authority may itself perform or cause to be performed the duties in question, and the expense incurred by it in so doing shall be a civil debt recoverable by the Authority from the lead agency.
The Authority may after giving reasonable notice of its intention so to do, direct any lead agency to perform, within such time and in such manner as it shall specify, any of the duties imposed upon the lead agency by or under this Act or any other written law, in the field of environment and if the lead agency fails to comply with such directions, the Authority may itself perform or cause to be performed the duties in question, and the expense incurred by it in so doing shall be a civil debt recoverable by the Authority from the lead agency.
Any person who fails to comply with sub-section (1) commits an offence.
[Act No. 5 of 2015, s. 11.]
Conduct of business and affairs of the Authority
Subject to this Act, the Authority shall regulate its own procedure.
Remuneration of Director-General and Directors
The Authority shall pay the Director-General and the Directors such salaries and allowances as may, from time to time, be determined by the President, but those salaries and allowances shall not be altered to their detriment during their term of office.
The Director-General and the Directors of the Authority shall be paid such salaries and allowances, as may, from time to time, be determined by the Board on the advice of the Salaries and Remuneration Commission.
Delegation by the Authority
Subject to this Act, the Authority may, by resolution either generally or in any particular case, delegate to any committee of the Authority or to any member, officer, employee or agent of the Authority, the exercise of any of the powers or the performance of any of the functions or duties of the Authority under this Act.
Staff of the Authority
The Authority may appoint such officers or other staff of the Authority as are necessary for the proper discharge of its functions under this Act or any other written law, upon such terms and conditions of service as the Authority may determine.
The common seal of the Authority
The common seal of the authority shall be kept in such custody as the Authority may direct and shall not be used except on the order of the Authority.
Protection from personal liability
No matter or thing done by a member of the Authority or any officer, employee or agent of the Authority shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Authority, render the member, officer, employee or agent or any person acting on his directions personally liable to any action, claim or demand whatsoever.
Liability of the Authority for damages
The provisions of section 18 shall not relieve the Authority of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of the powers conferred on the Authority by this Act or by any other written law or by the failure, whether wholly or partially, or any works.
There shall be a general fund of the Authority which shall vest in the Authority.
There shall be paid into the general fund—
such monies or assets as may accrue to or vest in the Authority in the course of the exercise of its powers or the performance of its functions under this Act;
such sums as may be granted to the Authority by the Minister pursuant to subsection (3); and
all monies from any other source provided for or donated or lent to the Authority.
There shall be made to the Authority out of monies provided by Parliament for that purpose, grants towards the expenditure incurred by the Authority in the exercise of its powers or the performance of its functions under this Act.
There shall be paid out of the general fund all sums required to defray the expenditure incurred by the Authority in the exercise, discharge and performance of its objectives, functions and duties.
such sums as may be granted to the Authority by the Cabinet Secretary pursuant to subsection (3); and
The financial year of the Authority shall be the period of twelve months ending on the thirteeth June in each year.
Annual estimates
At least three months before the commencement of each financial year, the Authority shall cause to be prepared estimates of the revenue and expenditure of the Annual Authority for that year.
The annual estimates shall make provisions for the estimated expenditure of the Authority for the financial year and in particular, the estimates shall provide for—
the payment of the salaries, allowances and other charges in respect of the staff of the Authority;
the payment of pensions, gratuities and other charges in respect of the staff of the Authority;
the proper maintenance of the buildings and grounds of the Authority;
the maintenance, repair and replacement of the equipment and other property of the Authority; and
the creation of such reserve funds to meet future contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matter as the Authority may deem appropriate.
The annual estimates shall be approved by the Authority before the commencement of the financial year to which they relate and shall be submitted to the Minister for approval and after the Minister's approval, the Authority shall not increase the annual estimates without the consent of the Minister.
The annual estimates shall be approved by the Authority before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval and after the Cabinet Secretary's approval, the Authority shall not increase the annual estimates without the consent of the Cabinet Secretary.
The Authority shall cause to be kept all proper books and records of accounts of the income, expenditure and assets of the Authority.
Within a period of four months from the end of each financial year, the Authority shall submit to the Auditor-General (Corporations) or to an auditor appointed under this section, the accounts of the Authority together with—
a statement of the income and expenditure of the Authority during that year; and
a statement of the assets and liabilities of the Authority on the last day of that year.
The accounts of the Authority shall be audited and reported upon in accordance with sections 29 and 30A of the Exchequer and Audit Act (Cap. 412), by the Auditor-General (Corporations), or by an auditor appointed by the Authority with the approval of the Auditor-General (Corporations) given in accordance with section 29(2)(b) of the Exchequer and Audit Act (Cap. 412).
Within a period of three months from the end of each financial year, the Authority shall submit to the Auditor-General the accounts of the Authority together with—
The annual accounts of the Authority shall be prepared, audited and reported upon in accordance with the provisions of Articles 226 and 229 of the Constitution and the Public Financial Management Act, 2012, (No. 18 of 2012).
National Environment Trust Fund
There is hereby established a fund to be known as the National Environment Trust Fund, (hereinafter referred to as the "Trust Fund").
The Trust Fund shall consist of—
such sums of money as may be received by the Trust Fund in the form of donations, endowments, grants and gifts from whatever source and specifically designated for the Trust Fund;
such sums of money or other assets as may be specifically designated to the Trust Fund by the Authority out of its general fund.
The Trust Fund shall be vested in the Authority and, subject to this Act, shall be administered by a Board of five Trustees to be appointed by the Minister by a notice in the Gazette on such terms and conditions as he deems fit. The trustees shall be persons holding at least post-graduate degree from a recognized university in the fields of environmental law, economics, environmental science or natural resource management at the time of their appointment.
The object of the Trust Fund shall be to facilitate research intended to further the requirements of environmental management, capacity building, environmental awards, environmental publications, scholarships and grants.
The Board of Trustees may, on the recommendation of the Council, determine that certain donations to the Trust Fund shall be applied specifically and reserved only for prizes and awards for exemplary services to the environment. Such prizes and awards shall be applied by the recipient exclusively to the management of the environment.
The Trust Fund shall be administered by a Board of five Trustees to be appointed by the Cabinet Secretary by a notice in the Gazette on such terms and conditions as the Cabinet Secretary may prescribe, upon the advice of the Salaries and Remuneration Commission. The trustees shall be persons holding at least post-graduate degree from a recognized university in the fields of environmental law, economics, environmental science or natural resource management and subject to chapter Six of the Constitution at the time of their appointment.
The Board referred to in subsection (3) shall be known as the Board of Trustees of the Trust Fund and shall be a body corporate having perpetual succession and a common seal and may, in its corporate name, sue and be sued.
The Trust Fund shall be administered in the manner provided for under a Trust Deed, and for the purposes of this Act, the Trust Deed shall be deemed to constitute the rules and regulations that govern the operations and functions of the Fund.
National Environment Restoration Fund
There is hereby established a fund to be known as the National Environment Restoration Fund, (hereinafter referred to as "The Restoration Fund").
The Restoration Fund shall consist of—
such proportion of fees or deposit bonds as may be determined by the Authority from time to time;
such sums as may be donated or levied from industries and other projects proponents as a contribution towards the Restoration Fund.
The Restoration Fund shall be vested in the Authority and, subject to this Act, shall be administered by the Director-General.
The object of the Restoration Fund shall be as supplementary insurance for the mitigation of environmental degradation where the perpetrator is not identifiable or where exceptional circumstances require the Authority to intervene towards the control or mitigation of environmental degradation.
The Minister may, by notice in the Gazette, issue orders for the levying of funds from project proponents towards the Restoration Fund.
The Cabinet Secretary may, by notice in the Gazette, issue orders for the levying of funds from project proponents towards the Restoration Fund.
Investment of funds and disposal of assets
Subject to this Act, the Authority may, invest any of its funds in securities in which trustees may, for the time being, invest trust funds or in any other securities which the Treasury may, from time to time, approve for that purpose.
Subject to this Act, the Authority may place on deposit with such bank or banks as it may determine, any moneys not immediately required for its purposes.
The assets of the Authority may be disposed of—
if they are current assets, in the normal course of business carried on by the Authority;
where the disposal and the utilization of the proceeds have been taken into account in an annual estimate prepared and approved in accordance with section 22;
by way of sale or otherwise with the approval of the Minister and the Treasury where such disposal has not been taken into account in the estimates.
Subject to this Act, the Authority may invest any of its funds in securities in which trustees may, for the time being, invest trust funds or in any other securities which the Treasury may, from time to time, approve for that purpose.
Subject to this Act, the Authority may upon consultation with the National Treasury, place on deposit with such bank or banks as it may determine, any moneys not immediately required for its purposes.
by way of sale or otherwise with the approval of the Cabinet Secretary and the Treasury where such disposal has not been taken into account in the estimates.
As soon as practicable and not later than three months after the expiry of the financial year, the Director-General shall submit to the Council a financial report concerning the activities of the Authority during such financial year.
The report of the Director-General under subsection (1) shall include information on the financial affairs of the Authority and shall be appended to the report—
an audited statement of income and expenditure of the previous financial year;
estimates of income and expenditure of the Authority for the next ensuing financial year.
The Minister shall not later than fourteen days after the sitting of the National Assembly next after receipt of the report referred to in subsection (1) lay it before the National Assembly.
As soon as practicable and not later than three months after the expiry of the financial year, the Director-General shall submit to the Cabinet Secretary a financial report concerning the activities of the Authority during such financial year.
The Cabinet Secretary shall not later than fourteen days after the sitting of the National Assembly next after receipt of the report referred to in subsection (1) lay it before the National Assembly.
Deposit Bonds
The Authority shall create a register of those activities and industrial plants and undertakings which have or are most likely to have significant adverse effects on the environment when operated in a manner that is not in conformity with good environmental practices.
The Minister responsible for Finance may, on the recommendations of the Council, prescribe that persons engaged in activities or operating industrial plants and other undertakings identified under subsection (1) pay such deposit bonds as may constitute appropriate security for good environmental practice.
The deposit bond determined in accordance with subsection (2) shall be refunded to the operator of the activity, industrial plant or any other undertaking by the Authority after such duration not exceeding twenty-four months without interest where the operator has observed good environmental practices to the satisfaction of the Authority.
The Authority may, after giving the operator an opportunity to be heard, confiscate a deposit bond where the operator is responsible for environmental practice that is in breach of the provisions of this Act, and the Authority may in addition cancel any license issued to the operator under this Act if the Authority is satisfied that the operator has become a habitual offender.
Where an operator is dissatisfied with the confiscation of his deposit bond under this Act, he may refer the matter to a competent court of law.
The proceeds of every refundable deposit bond levied under this section shall be paid into the Restoration Fund and shall be treated as part of the Restoration Fund until refunded to the depositor subject to subjection (3) or confiscated by the Authority.
Any interest accruing from monies deposited into the Restoration Fund under this section shall be for the benefit of the Authority.
The Cabinet Secretary responsible for Finance may, on the recommendations of the Cabinet Secretary, prescribe that persons engaged in activities or operating industrial plants and other undertakings identified under subsection (1) pay such deposit bonds as may constitute appropriate security for good environmental practice.
The deposit bond determined in accordance with subsection (2) shall be refunded to the operator of the activity, industrial plant or any other undertaking by the Authority after such duration not exceeding six months without interest where the operator has observed good environmental practices to the satisfaction of the Authority.
County Environment Committees
Provincial and District Environment Committees
The Minister shall by notice in the Gazette, appoint Provincial and District Environment Committees of the Authority in respect of every province and district respectively.
Every Provincial Environment Committee shall consist of—
the Provincial Commissioner of the Province who shall be the chairman;
the Provincial Director of Environment of the Province who shall be the Secretary;
one representative each of the Ministries responsible for the matters specified in the First Schedule at the provincial level;
a representative of every local authority whose area of jurisdiction falls wholly or partly within the province;
two representatives of farmers or pastoralists within the province to be appointed by the Minister;
two representatives of the business community operating within the concerned Province appointed by the Minister;
two representatives of the non-governmental organisations engaged in environmental management programmes within the province appointed by the Minister in consultation with the National Council of Non-Governmental Organisations; and
a representative of every regional development authority whose area of jurisdiction falls wholly or partially within the province.
Every District Environment Committee shall consist of—
the District Commissioner of the district who shall be the chairman;
the District Environment Officer of the district who shall be the secretary;
one representative each of the Ministries for the time being responsible for the matters specified in the First Schedule at the district level;
a representative of every local authority whose area of jurisdiction falls wholly or partially within the district;
four representatives of farmers, women, youth and pastoralists within the district, to be appointed by the Minister;
two representatives of the business community in the district to be appointed by the Minister;
two representatives of the non-governmental organisations engaged in environmental management programmes, operating in the district, to be appointed by the Minister in consultation with the National Council of Non-Governmental Organisation; and
two representatives of the community-based organisations engaged in environmental programmes operating in the district, to be appointed by the Minister.
The Governor shall, by notice in the Gazette, constitute a County Environment Committee of the County.
Every County Environment Committee shall consist of —
the member of the county executive committee in charge of environmental matters who shall be the chairperson;
an officer of the Authority whose area of jurisdiction falls wholly or partially within the county who shall be the Secretary to the County Environmental Committee;
one representative for each of the Ministries responsible for the matters specified in the First Schedule at the county level;
two representatives of farmers or pastoralists within the county to be appointed by the Governor;
two representatives of the business community operating within the concerned county appointed by the Governor;
two representatives of the public benefits organizations engaged in environmental management programmes within the county appointed by the Governor in consultation with the National Federation of Public Benefit Organizations; and
a representative of every regional development authority whose area of jurisdiction falls wholly or partially within the county.
Appointments under this section shall be made in consultation with the relevant county organs that are representative of the nominees in the county.
The Governor, in making the appointments under this section, shall ensure—
equal opportunities for persons with disabilities and other marginalized groups; and
that not more than two-thirds of the members are of the same gender.
The members of the County Environment Committee appointed under paragraphs (c) to (g) of subsection (2) shall hold office for a period of three years and shall be eligible for re-appointment for one further term.
[Act No. 5 of 2015, ss. 2 &18.]
Every County Environment Committee shall consist of—
The members of the County Environment Committee appointed under paragraphs (d) to (f) of subsection (2) shall hold office for a period of three years and shall be eligible for re-appointment for one further term.
[Act No. 5 of 2015, ss. 2 & 18, Act No. 18 of 2018, Sch.]
Functions of Provincial and District Environment Committees
The Provincial and District Environment Committees shall—
be responsible for the proper management of the environment within the province or district in respect of which they are appointed;
perform such additional functions as are prescribed by the Act or as may, from time to time, be assigned by the Minister by notice in the Gazette.
Functions of County Environment Committees
The County Environment Committees shall—
be responsible for the proper management of the environment within the county for which it is appointed;
develop a county strategic environmental action plan every five years; and
perform such additional functions as are prescribed by this Act or as may, from to time, be assigned by the Governor by notice in the Gazette.
Public Complaints Committees
There is hereby established a committee of the Authority to be known as the public Complaints Committee (hereinafter referred to as "the Complaints Committee") which shall consist of—
a chairman appointed by the Minister and who shall be a person qualified for appointment as a judge of the High Court of Kenya;
a representative of the Attorney-General;
a representative of the Law Society of Kenya;
a representative of non-governmental organisations appointed by the National Council of Non-Governmental Organisations and who shall be the secretary of the Complaints Committee;
a representative of the business community appointed by the Minister;
two members appointed by the Minister for their active role in environmental management.
The members of the Complaints Committee, other than the members appointed under subsection (1)(b), shall hold office for a period of three years but shall be eligible for reappointment:
Provided that no member shall hold office for more than two terms.
A member of the Complaints Committee other than the member appointed under subsection (1)(b) may—
at anytime resign from office by notice in writing to the Minister through the chairman;
be removed from office by the Minister if the member—
(i) has been absent from three consecutive meetings of the Committee without permission from the chairman;
(ii) is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months or to a fine exceeding ten thousand shillings;
(iii) is incapacitated by prolonged physical or mental illness; or
(iv) is otherwise unable or unfit to discharge his functions.
If a member of the Complaints Committee vacates office before the expiry of his term, the appointing authority shall appoint a suitable replacement therefor.
Where a member of the Complaints Committee is unable to perform the functions of his office due to any temporary incapacity which may be prolonged, the appointing authority may appoint a substitute for the member until such time as the Minister determines the incapacity has ceased.
Subject to this Act, the Complaints Committee shall regulate its own procedure.
National Environmental Department
There is hereby established a committee of the Authority to be known as the National Environmental Department (hereinafter referred to as "the Department") which shall consist of—
a Chairperson appointed by the Cabinet Secretary and who shall be a person qualified for appointment as a judge of the Environment and Land Court of Kenya;
one person who has demonstrated competence in environmental matters, nominated by the Council of County Governors and who shall be secretary to the Department;
a representative of the business community appointed by the Cabinet Secretary;
two members appointed by the Cabinet Secretary for their active role in environmental management.
The members of the Department, other than the members appointed under subsection (1)(b), shall hold office for a period of three years but shall be eligible for reappointment:
A member of the Department other than the member appointed under subsection (1)(b) may—
at anytime resign from office by notice in writing to the Cabinet Secretary through the chairperson;
be removed from office by the Cabinet Secretary if the member—
(i) has been absent from three consecutive meetings of the Committee without permission from the chairperson;
If a member of the Department vacates office before the expiry of his term, the appointing authority shall appoint a suitable replacement therefor.
Where a member of the Department is unable to perform the functions of his office due to any temporary incapacity which may be prolonged, the appointing authority may appoint a substitute for the member until such time as the Cabinet Secretary determines the incapacity has ceased.
Subject to this Act, the Department shall regulate its own procedure.
[Act No. 5 of 2015, ss. 2,20.]
National Environmental Complaints Committee
There is hereby established a committee of the Authority to be known as the Complaints Committee which shall consist of—
one person who has demonstrated competence in environmental matters, nominated by the Council of County Governors and who shall be secretary to the Complaints Committee;
Where a member of the Complaints Committee is unable to perform the functions of his office due to any temporary incapacity which may be prolonged, the appointing authority may appoint a substitute for the member until such time as the Cabinet Secretary determines the incapacity has ceased.
Functions of the Complaints Committee
The functions of the Complaints Committee shall be—
to investigate—
(i) any allegations or complaints against any person or against the Authority in relation to the condition of the environment in Kenya;
(ii) on its own motion, any suspected case of environmental degradation,
and to make a report of its findings together with its recommendations thereon to the Council;
to prepare and submit to the Council, periodic reports of its activities which report shall form part of the annual report on the state of the environment under section 9(3); and
to perform such other functions and exercise such powers as may be assigned to it by the Council.
Functions of the National Environmental Department
The functions of the National Environmental Department shall be—
and to make a report of its findings together with its recommendations thereon to the Cabinet Secretary;
to prepare and submit to the Council, periodic reports of its activities which report shall form part of the annual report on the state of the environment under section 9(3);
undertake public interest litigation on behalf of the citizens in environmental matters; and
to perform such other functions and exercise such powers as may be assigned to it by the Cabinet Secretary.
to prepare and submit to the Cabinet Secretary, periodic reports of its activities which report shall form part of the annual report on the state of the environment under section 9(3);
Powers of the Complaints Committee
The Complaints Committee may, by notice in writing, require any person to—
give to the Complaints Committee all reasonable assistance in connection with the investigation of any complaint under section 32; or
appear before the Complaints Committee for examination concerning matters relevant to the investigation of any complaint under section 32.
A person who—
refuses or fails to comply with the requirement of the Complaints Committee which is applicable to him, to the extent to which he is able to comply with it; or
obstructs or hinders the Complaints Committee in the exercise of his powers under this Act; or
furnishes information or makes a statement to the Complaints Committee which he knows to be false or misleading in any material particular; or
when appearing before the Complaints Committee for examination, makes a statement which he knows to be false or misleading in any material particular,
commits an offence.
A person convicted of an offence under subsection (2) shall be liable to a fine not exceeding fifty thousand shillings.
Where an offence under subsection (2) is a continuing offence, the person convicted shall, in addition to the penalty prescribed in subsection (3), be liable to a fine of one thousand shillings for each day during which the offence continues.
Powers of the National Environmental Department
The National Environmental Department may, by notice in writing, require any person to—
give to the National Environmental Department all reasonable assistance in connection with the investigation of any complaint under section 32; or
appear before the National Environmental Department for examination concerning matters relevant to the investigation of any complaint under section 32.
refuses or fails to comply with the requirement of the National Environmental Department which is applicable to him, to the extent to which he is able to comply with it; or
obstructs or hinders the National Environmental Department in the exercise of his powers under this Act; or
furnishes information or makes a statement to the National Environmental Department which he knows to be false or misleading in any material particular; or
when appearing before the National Environmental Department for examination, makes a statement which he knows to be false or misleading in any material particular,
[Act No. 5 of 2015, ss. 2, 22.]
give to the National Environmental Complaints Committee all reasonable assistance in connection with the investigation of any complaint under section 32; or
appear before the National Environmental Complaints Committee for examination concerning matters relevant to the investigation of any complaint under section 32.
refuses or fails to comply with the requirement of the National Environmental Complaints Committee which is applicable to him, to the extent to which he is able to comply with it; or
furnishes information or makes a statement to the National Environmental Complaints Committee which he knows to be false or misleading in any material particular; or
when appearing before the National Environmental Complaints Committee for examination, makes a statement which he knows to be false or misleading in any material particular,
Proceedings of the Complaints Committee privileged
No proceedings shall lie against the chairman or any member of the Complaints Committee in respect of anything done bona fide in the performance of the duties of the Complaints Committee under this Act.
Proceedings of the Department privileged
No proceedings shall lie against the Chairperson or any member of the Department in respect of anything done bona fide in the performance of the duties of the Department under this Act.
No proceedings shall lie against the Chairperson or any member of the Complaints Committee in respect of anything done bona fide in the performance of the duties of the Complaints Committee under this Act.
Disclosure of interest
If a member of the Complaints Committee is directly or indirectly interested in any matter before the Complaints Committee and is present at a meeting of the Complaints Committee at which the matter is the subject of investigation, he shall, at the meeting and as soon as reasonably practicable after the commencement thereof, disclose the fact and shall not take part in the consideration or discussion of, or vote on, any questions in respect of the matter, or be counted in the quorum of the meeting during the consideration of the matter.
A disclosure of interest made under subsection (1) shall be recorded in the minutes of the meeting at which it is made.
If a member of the Department is directly or indirectly interested in any matter before the Department and is present at a meeting of the Department at which the matter is the subject of investigation, he shall, at the meeting and as soon as reasonably practicable after the commencement thereof, disclose the fact and shall not take part in the consideration or discussion of, or vote on, any questions in respect of the matter, or be counted in the quorum of the meeting during the consideration of the matter.
[Act No. 5 of 2015, s. 2]
Remuneration and other expenses of the Complaints Committee
There shall be paid to the chairman and members of the Complaints Committee, such remuneration, fees or allowances for expenses as the Council may determine.
The remuneration fees or allowances referred to in subsection (1) together with any other expenses incurred by the Complaints Committee in the execution of its functions under this Act shall be paid out of monies provided by Parliament for that purpose.
Remuneration and other expenses of the Department
There shall be paid to the Chairperson and members of the Department, such remuneration, fees or allowances for expenses as the Council may determine.
The remuneration fees or allowances referred to in subsection (1) together with any other expenses incurred by the Department in the execution of its functions under this Act shall be paid out of monies provided by Parliament for that purpose.
There shall be paid to the Chairperson and members of the Complaints Committee, such remuneration, fees or allowances for expenses as the Cabinet Secretary may determine.
The remuneration fees or allowances referred to in subsection (1) together with any other expenses incurred by the Complaints Committee in the execution
of its functions under this Act shall be paid out of monies provided by Parliament for that purpose.
National Environment Action Plan Committee
There is established a committee of the Authority to be known as the National Environment Action Plan Committee and which shall consist of—
the Permanent Secretary in the Ministry for the time being responsible for National Economic Planning and Development who shall be the chairman;
the Permanent Secretaries in the Ministries responsible for the matters specified in the First Schedule or their duly nominated representatives;
four representatives of the business community to be appointed by the Minister;
representatives of each of the institutions specified in the Third Schedule;
five representatives of non-governmental organisations nominated by the National Council of Non-Governmental Organization;
representatives of specialised research institutions that are engaged in environmental matters as may be determined by the Minister; and
a Director of the Authority who shall be the secretary.
The National Environment Action Plan Committee shall, after every five years, prepare a national environment action plan for consideration and adoption by the National Assembly.
National Environment Action Plan
The Authority shall, within two years of the commencement of this Act and every six years thereafter, formulate the National Environmental Action Plan and shall ensure that it has undertaken public participation before the adoption of the Plan.
The Authority shall submit the Plan referred to in subsection (1) to the Cabinet Secretary for approval.
Upon the approval of the Plan, the Cabinet Secretary shall submit it to the National Land Commission and the Ministry of Lands.
The Cabinet Secretary shall publish the National Environment Action Plan in the Gazette.
The Authority shall review the National Action Plan every three years.
Provisions of the National Environment Action Plan
The national environment action plan shall—
contain an analysis of the natural resources of Kenya with an indication as to any pattern of change in their distribution and quantity over time;
contain an analytical profile of the various uses and value of the natural resources incorporating considerations of intragenerational equity;
recommend appropriate legal and fiscal incentives that may be used to encourage the business community to incorporate environmental requirements into their planning and operational processes;
recommend methods for building national awareness through environmental education on the importance of sustainable use of the environment and natural resources for national development;
set out operational guidelines for the planning and management of the environment and natural resources;
identify actual or likely problems as may affect the natural resources and the broader environment context in which they exist;
identify and appraise trends in the development of urban and rural settlements, their impacts on the environment, and strategies for the amelioration of their negative impacts;
propose guidelines for the integration of standards of environmental protection into development planning and management;
identify and recommend policy and legislative approaches for preventing, controlling or mitigating specific as well as general adverse impacts on the environment;
prioritise areas of environmental research and outline methods of using such research findings;
without prejudice to the foregoing, be reviewed and modified from time to time to incorporate emerging knowledge and realities; and
be binding on all persons and all government departments, agencies, state corporations or other organs of Government upon adoption by the National Assembly.
(jj)
take into account and record all monuments and protected areas declared or deemed to have been declared by the Minister under the National Museums and Heritage Act;
take into account and record all monuments and protected areas declared or deemed to have been declared by the Cabinet Secretary under the National Museums and Heritage Act;
[Act No. 6 of 2006, s. 77, Act No. 5 of 2015, s. 2.]
Provincial Environment Action Plans
Every Provincial Environment Committee shall, every five years, prepare a provincial environment action plan in respect of the district for which it is appointed, incorporating the elements of the relevant district environments action plans prepared under section 40 and shall submit such plan to the chairman of the National Environmental Action Plan Committee for incorporation into the national environment action plan.
Repealed by Act No. 5 of 2015, s. 24.
District Environment Action Plans
Every District Environment Committee shall, every five years, prepare a district environment action plan in respect of the district for which it is appointed and shall submit such plan to the chairman of the Provincial Environment Action Plan Committee for incorporation into the provincial environment action plan proposed under section 39.
County Environment Action Plan
Every County Environment Committee shall, within one year of the commencement of this Act and every five years thereafter, prepare a county environment action plan in respect of the county for consideration and adoption by the County Assembly.
Every County Environment Committee, in preparing a county environment plan, shall undertake public participation and take into consideration every other county environment action plan already adopted with a view to achieving consistency among such plans.
The respective County Executive Committee members of every county shall submit the county environment action plan referred to in subsection (1) to the Cabinet Secretary for incorporation into the national environment action plan referred to in section 37.
The Authority shall consider every county environment action plan and either recommend incorporation of such plan into the national environment action plan or specify changes to be incorporated into a respective county environmental plan.
The Cabinet Secretary shall, on the recommendation of the Authority, issue guidelines and prescribe measures for the preparation of environmental action plans.
Contents of Provincial and District Environment Action Plans
Every provincial environment action plan and every district environment action plan prepared under section 39 and 40 respectively shall contain provisions dealing with matters contained in section 38(a), (b), (c), (d), (e), (f), (g), (h), (i) and (j) in relation to their respective province or district.
Contents of County Environment Action Plans
Every county environment action plan prepared under section 40 shall contain provisions dealing with matters contained in section 38 (a) to (j) in relation to their respective county.
41A.
Purpose of Environmental Action Plans
The purpose of environmental action plans is to co-ordinate and harmonise the environmental policies, plans, programmes and decisions of the national and county governments, as the case may be, in order to—
(i) minimize the duplication of procedures and functions; and promote consistency in the exercise of functions that may affect the environment; and
(ii) secure the protection of the environment across the country; and
(iii) prevent unreasonable actions by any person, state organ or public entity in respect of the environment that are prejudicial to the economic or health interests of other counties or the country.[Act No. 5 of 2015, s. 27.]
Monitoring compliance with Environmental Plans
The Authority shall monitor compliance with the national and county environmental action plans and may take any steps or make any inquiries that it may consider necessary in order to determine if the plans are being complied with.
If as a result of any action taken or inquiry made under subsection (1) the Authority is of the opinion that a plan is not substantially being complied with, the Authority shall serve a written notice to the organ concerned, calling on it to take such specified steps as the Authority may consider necessary to remedy noncompliance.
Within thirty days of the receipt of the notice referred to in subsection (2), the organ shall respond to the notice in writing setting out any —
objections to the notice, if any;
the action that will be taken to ensure compliance with the respective plan; or
other information that the organ considers relevant to the notice.
After considering the representations from the organ and any other relevant information, the Authority shall within thirty days of receiving the response referred to in subsection (3) issue a final notice —
to confirm amend or cancel the notice referred to in subsection (2);


In 2007, the City of Keokuk, lead by Mayor David Gudgel, decided to rebuild a performance pavilion where a bandstand formerly stood in Rand Park. Fund-raising efforts began immediately, and OPN Architects was selected to design the amphitheater and surrounding site.
Carved into a hollow in Rand Park, the site held a natural slope that provides desirable audience seating for the pavilion. Culling design reminiscent of ancient Greece theatrons, the amphitheater was designed to host both acoustical and amplified entertainment. For maximum sound projection a convex-shaped acoustical wall was designed at the rear of the pavilion.
Designed to host 1,200 to 1,500 people, the gentle sloping of the site allows audience members to easily move along the grass, or by the pathway. Special consideration was given to the pavilion's future use hosting various events. The area was designed to be fully handicap accessible, so that the venue may be easily enjoyed by all.
The amphitheater features stone blocks that line the surrounding walkway and footbridge. The Kasota limestone blocks were quarried from Mankato, Minnesota, and were chosen to compliment the statue base of Chief Keokuk. The blocks are architectural features that double as sitting areas during performances. Lighting was specifically designed to enhance as well as to provide light for the pathways and stage area.


text:
Tornos phoxus är en fjärilsart som beskrevs av Frederick H. Rindge 1954. Tornos phoxus ingår i släktet Tornos och familjen mätare. Inga underarter finns listade i Catalogue of Life.

Källor

Mätare
phoxus

redpajama_set_name: RedPajamaWikipedia


#mickanddi to join the discussion.
Indigenous art dealers Mick and Di met on Sydney's Northern Beaches when Di was 17-years-old. They have been happily married for over 50 years and reckon they know each other inside out.
Di, a former model, convinced Mick to give up his high-flying career as an advertising executive in order to follow their passion for art. The two are now dealers in Indigenous Art.
With their artist son living in California and their daughter married, it is just the two of them sharing their bright, art-filled apartment in inner Sydney. However, one day a week they get to exercise their grandparent duties running after their nearly three-year-old grandchild.
These Goggleboxers love their food and wine, lunching and socialising whenever they can. Di will watch anything with the late Anthony Bourdain, they both love the news and testing their knowledge on shows like QI and are sure to bring a keen cultural eye to the week's big moments in television.
Shows I hate: Geordie Shore. And I've overdosed on The Block.
Shows I hate: The Block, Reno Rumble, anything that shows blood.


text:
MAAF BOX
Keith Richards - Crosseyed Heart
Don't expect any poppy tunes that make your head dance. These songs have motive. They're methodical. They take their time to set up and instill a forceful yet insightful presence. They exist for a reason. These songs represent a lifetime of being in the industry, and they tell a story of falling in love, breaking up, and finding a way to continue. This story not only represents the romantic relationship, but it also represents the disappointment of the struggling music industry and how it affects people like Keith, which ain't got nothing on him.
Richards' voice has changed over time, becoming hardened and roughed through years of living, but it works here.
This package is gritty and imperfect—plucked with delicious early blues and raw rock n' roll that takes us back to Buddy Holly and Leadbelly—that unfold surprisingly well, like developing a can of 35mm film. This is analogue photography in a digital world, and it proves the two can co-exist and, hopefully, we will see a resurgence of soulful music within the popular music industry. It's a long shot, since the industry thrives on finding things that make them money, and for some reason, staying true to yourself does not make money. Hopefully this album can prove everyone wrong, and we will see the resurrection of rock n' roll. If not, we always have independent artists that rock our worlds.
Side note: I was giddy when I heard Norah Jones pop up in "Illusion". Her style of jazz along with her powerful voice complimented the song as well as the album. It was a needed injection of stylistic momentum that allows the rest of the album to propel forward to its conclusion.
If anything comes from this album, remember to love what you have and let it go if you feel it's the right thing to do. Love is fluid and ever-changing, and there is more than one person out there in the world for everyone. Love what you do and love the ones around you. Good things will come back to you.
Rating: ****
Listening Pleasure: Nothing on Me, Goodnight Irene, Heartstopper, Trouble, Love Overdue, Illusion
Crosseyed Heart is now available on iTunes
Triumphant Hearts | Jason Becker
Mike & The Melvins
MW Walker - Half Awake

redpajama_set_name: RedPajamaCommonCrawl