Professional Documents
Culture Documents
3 Impact
7 Decision making analysis
4
Mitigation
6 Review of EIA
and impact
quality 5 Reporting
managemen
to catalogue
t
and track
the results
of EIA
Principles of an effective EIA
Provides for an opportunity for scrutiny and
participation in decision making
Introduces elements of independence and impartiality
Facilitates better formed judgments when balancing
environmental and developmental needs
At the international level, may alert governments and
international organizations of the likelihood of trans
boundary harm
Contributes to implementation of national policies on
sustainable development and precautionary action.
ENVIRONMENTAL AUDIT
Section 2- defines EA as the systematic, documented,
periodic and objective evaluation of how well an
environmental organization, management and equipment
are performing in conserving or preserving the
environment.
NEMA has responsibility of carrying out environmental
audits
Carried out on ongoing projects commenced prior to
coming into force of the regulations or new projects
undertaken after the completion of an EIA. (Regulation
31(1) Environmental (Impact Assessment and Audit)
Regulations, 2009)
Principles of an Environmental Audit
Applied as a tool to achieve sustainable development
applied as a tool for implementation of environmental
management
Should be integrated in the project life cycle to ensure that
environmental information is provided at the appropriate
stages
Applied to all proposed actions likely to have a significant
adverse effect on the environment
Should include an analysis for feasible alternatives to the
proposed action
Should include meaningful opportunities for public
participation
Should integrate information on social, economic and
biophysical aspects.
Environmental Monitoring
Definition - Continuous, periodic determination of
actual and potential effects of any activity or
phenomenon on the environment whether short term
or long term (Section 2)
Is carried out by NEMA in consultation with various
lead agencies by an environmental inspector who has a
right to enter upon any land or premises for the
purpose of carrying out activities related to the
environmental monitoring ( section 69)
Regulations pursuant to EMCA
Environmental (Impact Assessment and Audit)
Regulations, 2009
Environmental Management and Coordination
(Wetlands, River Banks, Lake Shore and Sea Shore
Management) Regulations, 2009
Environmental Management and Coordination (Noise
& Excessive Vibration Pollution) (Control)
Regulations, 2009
Environmental Management and Coordination
(Water Quality) Regulations.
Environmental Impact Assessment
Regulations
Contains rules relative to content and procedure of an
EIA ,Environmental Audit & Environmental
Monitoring, and strategic environmental assessment .
Prohibits a licensing authority in Kenya to issue
trading, commercial or development permit or license
for any project likely to have cumulative or significant
negative impact on the environment before it ensures
that a strategic environmental plan encompassing
mitigation measures and approved by the authority are
in place. (Regulation 4(3))
Noise Regulations
Created in exercise of powers conferred by Section 147 of
EMCA.
Prohibit the production of any loud, unreasonable,
unnecessary, or unusual noise which annoys, disturbs,
injures or endangers the comfort, repose, health or safety of
others and the environment.
The regulations do not apply to noise alerting people of an
emergency or in performance of an emergency response or
to noise produced in connection with protection of health,
safety of residents or their property, or to warning devices
such as fire & ambulance sirens, train horns, parades and
national celebrations.
Water Quality Regulations
Protection of sources of water for domestic usage;
Regulation of water for agricultural use, industrial use and
effluent discharge
This is by ;-
Regulating standards for sources of domestic water
Quality monitoring of sources of water
Regulating standards for effluent discharge to the
environment
Setting up a monitoring guide for discharge into the
environment.
Regulating standards for effluent discharge to public
sewers.
Radiation Protection Act No 20 of
1982
Kenya joined a movement allowing it to use nuclear energy
for peaceful purposes in the year 1982
This movement was led by the International Atomic
Energy Agency
Section 4 of the Act establishes the Radiation Protection
Board
Functions of this board include;
Advising the minister on matters relating to radiation
protection and radioactive waste disposal
keeping a register of individuals owning irradiating
devices, radioactive materials imported into or
manufactured in Kenya and of premises licensed to dispose
of radioactive waste
Section 8- Individuals involved in any activities
relating to the use of irradiating devices or radioactive
materials can only do so in accordance with a license
issued under the Act
Section 12(2)- owners of radiation facilities are to
ensure that radioactive wastes are only disposed in
accordance with the licenses issued for disposal
purposes
Section 16-It is an offence to contravene Provisions of
the Act with regard to use or disposal of irradiating
devices, radioactive materials or being in possession of
such radioactive materials without a license
Penalty: Imprisonment term not exceeding 2 years
Section 18-Consultation between the Minister and the
board on proper method of disposing radioactive
waste products from any source.
Improper disposal of radioactive wastes has both
environmental risks and health risks
Environmental- Radioactive particles such as
Chernobyl Digsters result to the drying up of the
leaves of trees and the trees hence reducing forest
cover.
Health-Exposure to dangerous radioactive wastes may
lead to somatic effects hence leading to cancer.
Biosafety Act No 2 of 2009
Biosafety- The avoidance of risk to human health and
safety and conservation of the environment as a result of
the use of genetically modified organisms.
One Key object of the Act; to ensure adequate levels of
protection for the safe transfer, handling and use of
genetically modified organisms that may have adverse
effects on the health of people and the environment-
Section 4
Section 5- establishes the National Biosafety Authority in
which the Director General of NEMA is a member of its
board
Major function of the Authority- To exercise general
supervision and control over the transfer, handling and use
of genetically modified organisms with the view of
ensuring safety to human and animal health as well as
providing adequate levels of protection of the
environment-section 7
Section 19- Introduction of GMOs with the approval of
the board.
Section 40-Environmental Restoration Order
Purposes of such an order;
Restoration of the environment to the condition it
initially was before the introducing GMOs
Levying charges on any person to whom this order is
served.
Section 42-Cessation orders- Issued by the authority
after consultation with the relevant regulatory agency
in relation to an activity which poses eminent danger
to the conservation and sustainable use of biological
diversity
It is an offence for any individual to make use of,
release to the environment, places on market, to
export or import a genetically modified organism
without the approval of the authority- Section 52
Penalty: Fine not exceeding Twenty Million Shillings
or An imprisonment term not exceeding 10 years.
Section 54- Authority to promote public awareness
and education on biosafety matters. This is to make
people more involved in biosafety matters.
Forest Act 2005
Section 4- Establishes the Kenya Forest Service whose
Functions are set out in Section 5 of the Act.
Functions of KFS;
Formulating for approval of the board policies and
guidelines regarding the management, conservation and
utilization of all types of forest areas in the country
Collaborating with other organisations and communities in
the management and conservation of forests and
utilization of biodiversity
Promoting the empowerment of associations and
communities in the control and management of forests and
management of water catchment areas primarily for
purposes of water and soil conservation, carbon
sequestration and other environmental services
Section 6- The Forest Service is managed by a board in
which the Director General of NEMA is a member.
Section 13-The board establishes forest conservancy
areas for efficient and proper management of forests.
Section 18- The board is also to establish the Forest
Management & Conservation fund for the
maintenance and conservation of forests
Section 32- forest area or woodland which has a
particular environmental, cultural, scientific or other
special significance may be declared a nature reserve
by the minister for the purposes of preserving
biodiversity and natural amenities on the
recommendation of the forest service and on
consultation with the minister of local authorities.
Section 40- Granting of licenses subject to an Environmental impact
Assessment in accordance with EMCA 1999 where the board satisfied
that utilization of forests can be done through the granting of
concessions.
All indigenous forests and woodlands are to be managed on a
sustainable basis for the below purposes;
Conservation of water, soil and biodiversity
Riverline & Shoreline Protection
Carbon sequestration and other environmental services
Habitats for wildlife in terrestrial forests and fisheries in mangrove
forests
Mining or quarrying activities in forest areas can only be done by
getting consent and by being issued a license.
Such an area however should have no endangered species, An EIA must
have been carried out and such an area should not be an important
catchment area-Section 42
Re-vegetation is to take place where mining or quarrying has taken
place due to its effects such as forest depletion- section 43
Community participation has been provided for under
section 46. Such participation is usually done through
Community forest Associations which are required to
be registered under the Societies Act
Some of the functions of the Association include-
protecting, conserving and managing forests approved
pursuant to a management agreement and protecting
sacred groves and protected trees- Section 47
National Forest Policy 2014
Overall goal-Sustainable development, management,
utilization and conservation of forest resources and
equitable sharing of acquired benefits for present and
future generations- Para 3.1
Para 3.2-Some of its Objectives include;
Increasing and maintaining tree cover of at least 10%
of land area in Kenya.
Promoting public, private and community
participation and partnership in the forest sector
development
Enhancing management of forest resources for
conservation of soil, water, biodiversity and
environmental stability.
Para 3.3-Some of the Principles guiding the
implementation of the Policy include;
Sustainable Forest management
Public participation
International and Regional cooperation
Polluter and User Pays
For sustainable management of forests to be achieved,
the government is to manage all indigenous forests
and to encourage forest plantation, urban forestry and
roadside tree planting as well as farm forestry.
Some of the problems facing forestry development
include; decreasing and low quality of water flows,
high levels of erosion, siltation and degradation and
climate change
WILDLIFE CONSERVATION AND MANAGEMENT ACT
CHAPTER 376, LAWS OF KENYA.
This is the statute that deals with the law relating to the
protection, conservation and management of wildlife in
Kenya so as to yield to the Nation in general and to
individual areas in particular, optimum returns in terms of
cultural, aesthetic and scientific gains as well as such
economic gains. Full account should be taken of the
varied forms of land use and the inter-relationship
between wildlife conservation and management and
other forms of land use in ensuring that this objective is
met.
Section 3 provides for the establishment of a
uniformed and disciplined service to be known as the
Kenya Wildlife Service which shall be a body
corporate with perpetual succession and a common
seal and shall have power to sue and be sued in its
corporate name and to acquire, hold and dispose of
immovable property for the purposes of the Service
and the Act.
The headquarters of the Service shall be in Nairobi.
The Service shall be the successor to the Wildlife
Fund Trustees established under section 58 (now
repealed).
The functions of the Service are to
(a) formulate policies regarding the conservation,
management and utilization of all types of fauna (not being
domestic animals) and flora;
(b) advise the Government on establishment of National
Parks, National Reserves and other protected wildlife
sanctuaries;
(c) manage National Parks and National Reserves;
(d) prepare and implement management plans for National
Parks and National Reserves and the display of fauna and flora
in their natural state for the promotion of tourism and for the
benefit and education of the inhabitants of Kenya;
(e) provide wildlife conservation education and extension
services to create public awareness and support for wildlife
policies;
(f) sustain wildlife to meet conservation and management
goals;
(g) conduct and co-ordinate research activities in the field
of wildlife conservation and management;
(h) identify manpower requirements and recruit
manpower at all levels for the Service for wildlife
conservation and management;
(i) provide advise to the Government and local authorities
and landowners on the best methods of wildlife
conservation and management and be the principle
instrument of the Government in pursuit of such
ecological appraisals or controls outside urban areas as
are necessary for human survival;
(j) administer and co-ordinate international protocols,
conventions and treaties regarding wildlife in all its
aspects in consultation with the Minister;
(k) solicit by public appeal or otherwise, and accept and
receive subscriptions, donations, devises and bequests
(whether movable or immovable property and whether
absolute or conditional) for the general or special
purposes of the Service or subject to any trust;
(l) render services to the farming and ranching
communities in Kenya necessary for the protection of
agriculture and animal husbandry against destruction by
wildlife.
The Act provides that the Service shall be managed by a
Board of Trustees of the Service as provided for under
Section 3B whose terms and conditions of appointment,
enlistment, secondment, ranks, direction, disciplinary
code and regulations, prohibition against members of the
Service joining trade unions, insurbodinate behavior and
desertion by members.
The Act provides for the regulations to be followed when
declaring a National Park, National Reserve or local
sanctuary as provided for under Section 5B, 6 and Section
7. Section 8 provides for amendment of the boundaries of
such parks or reserves through amalgamation, division or
transfer and how they are to be managed.
Commercial film making in the National Parks and Reserves is
restricted as well as flying at a height of less than one
thousand five hundred feet over a National Park unless there
is a written authorization of the Minister, which may be given
subject to such conditions as the Minister may think fit to
impose obtained previously as provided for under Section 12.
Part IV provides for the control of hunting, powers of
honorary wardens, prohibition of unlicensed hunting, general
provisions as to game licences, game registers and when one
may acquire special authorization to hunt. Section 29 further
provides for hunting on private land whilst ensuring protection
of human life and property. Section 34 prohibits any unlawful
methods of hunting and use certain weapons.
Part V provides for trophies which are described in Section 2 as any
protected animal, game animal, or game bird alive or dead, and any
bone, claw, egg, feather, hair, hoof, skin, tooth, tusk or other durable
portion whatsoever of that animal or bird or fish or other aquatic
life whether processed, added to or changed by the work of man or
not, which is recognizable as such a durable portion.
Section 41 (1) provides where any person kills or captures any
animal under the authorization of a game licence, he shall, within
thirty days after the killing or capture, produce the animal or, as the
case may be, any trophy of the animal which he wishes to retain, to
a warden who shall issue a certificate of ownership in respect
thereof: Provided that, if the person wishes to have any process
applied in Kenya to the trophy, a warden may, upon application
made to him in that behalf, extend the period of thirty days for such
further period as he may consider necessary to enable the
processing to be carried out before the issue of a certificate of
ownership in respect of the completed trophy.
Section 42 (1) provides that except as otherwise provided
by this Act, any person who is in possession of any trophy,
or of any ivory or rhinoceros horn of any description,
without also being in possession of a certificate of
ownership in respect thereof shall be guilty of a forfeiture
offence be it as dealers, during transfer or exportation of
the trophies.
The Act provides for disposal of persons arrested and
things seized, the effect of conviction and powers of
court, what happens in case one is inneligibile to hold
licences, compensation for personal injury or death, Land
use, application of Act to non-game animals, appeal to
Tribunal, duplicate licences, power to make regulations
and repeals and transitional provisions.
MINING ACT
CHAPTER 306 [Date of commencement: 1st October,
1940.] An Act of Parliament to consolidate the law
relating to mining.
Section 3 provides that mineral oil is excluded from the
Act and that the Act shall not confer any right to prospect
for or to win any mineral oil.
Section 4 provides that the minerals vested in
Government include all unextracted minerals (other than
common minerals) under or upon any land, subject to any
rights in respect thereof which, by or under this Act or
any other written law, have been or are granted, or
recognized as being vested, in any other person.
Ministry of Forests & Wildlife Wildlife(Conservation and Kenya Wildlife Service Various permits and licenses
Management)
Amendment
act,1989,Cap.376
Ministry of Environment & Environmental & Coordination National Environment Access Permit
Mineral Resources Act,1999 Legal Notice160 Management Authority
Wetlands Act
Ministry of Higher Education, Science &Technology National Council for Science Research Permit
Science Act,1977,Cap.250 &Technology
&Technology
Ministry of Industrialization Industrial Property Act,2001 Industrial Property Institute Technology transfer licenses,
Kenya Patented Microbe Release
Permit
Ministry of Agriculture Seed & Plant Variety Kenya Plant Health Phytosanitary Permit
Act,Cap.326 Inspectorate Service
Institutions under the Environmental
Management and Coordination Act
(EMCA)
The Environment Management and Co-ordination Act
provides for the following institutions:
National Environmental Management Authority
National Environmental Council
Public Complaints Committee
Provincial and District Environment Committee
National Environmental Tribunal
National Environmental Action Plan (NEAP)
Committee.
NATIONAL ENVIRONMENT
MANAGEMENT AUTHORITY
(NEMA)
This body is provided for under section 7 of the
Environment Management and Coordination Act
Its mandate is to play a supervisory role and co-
ordinate all matters relating to the environment.
Is the principal tool of Government in the
implementation of policies relating to the
environment.
These and other functions are provided for under
section 9 of EMCA
NATIONAL ENVIRONMENT COUNCIL (NEC)
This council is provided for under section 4 of the EMCA. It is
mandated with
policy formulation and directions for the purposes of the Act.
Sets national goals and objectives.
Determines policies and priorities for the protection of the
environment.
Promotes co-operation among public departments, local
authorities, private sector, Non-Governmental Organisations
and such other organisations engaged in environmental
protection programmes.
PROVINCIAL AND DISTRICT ENVIRONMENT
COMMITTEES
Provided under section 29 of EMCA.
The Minister by notice in the gazette appoints
Provincial and District Environment Committees in
respect of every province and district respectively.
Deals with decentralization of environmental
management and enables participation by the local
communities.
Decisions of these committees are legal and it is an
offence not to implement them.
PUBLIC COMPLAINTS COMMITTEE
(PCC)
Provided for under section 31 of EMCA.
It operates under the Ministry of Environment and
Mineral Resources (MEMR).
Investigates allegations or complaints regarding the
condition of the environment.
Makes reports of its findings and recommendations to
the National Environmental Council (NEC).
It plays a vital role of providing the administrative
mechanism for addressing environmental harm.
NATIONAL ENVIRONMENTAL TRIBUNAL (NET)
END .
Thank you!!
For your undivided
attention