Section 17 of The Environmental Management and Coordination Act CAP 387: 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.

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Section 18 - 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...

Section 19 - 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...

Section 20 - General fund

(1) There shall be a general fund of the Authority which shall vest in the Authority. (2) There shall be paid into the general fund— (a) such monies or assets as may accrue to or vest in the...

Section 21 - Financial year

The financial year of the Authority shall be the period of twelve months ending on the thirteeth June in each year.

Section 22 - Annual estimates

(1) 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. (2)...

Section 23 - Accounts and audit

(1) The Authority shall cause to be kept all proper books and records of accounts of the income, expenditure and assets of the Authority. (2) Within a period of three months from the end of each...

Section 24 - National Environment Trust Fund

(1) There is hereby established a fund to be known as the National Environment Trust Fund, (hereinafter referred to as the "Trust Fund"). (2) The Trust Fund shall consist of— (a) such sums of money...

Section 25 - National Environment Restoration Fund

(1) There is hereby established a fund to be known as the National Environment Restoration Fund, (hereinafter referred to as "The Restoration Fund"). (2) The Restoration Fund shall consist of— (a)...

Section 26 - Investment of funds and disposal of assets

(1) 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 National Treasury...

Section 27 - Annual Financial Report

(1) 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...

Section 28 - Deposit Bonds

(1) 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...

Section 29 - County Environment Committees

(1) The Governor shall, by notice in the Gazette, constitute a County Environment Committee of the County. (2) Every County Environment Committee shall consist of— (a) the member of the county...

Section 30 - Functions of County Environment Committees

The County Environment Committees shall— (a) be responsible for the proper management of the environment within the county for which it is appointed; (b) develop a county strategic environmental...

Section 31 - National Environmental Complaints Committee

(1) There is hereby established a committee of the Authority to be known as the Complaints Committee which shall consist of— (a) a Chairperson appointed by the Cabinet Secretary and who shall be a...

Section 32 - Functions of the Complaints Committee

The functions of the Complaints Committee shall be— (a) to investigate— (i) any allegations or complaints against any person or against the Authority in relation to the condition of the environment...

Section 33 - Powers of the Complaints Committee

(1) The Complaints Committee may, by notice in writing, require any person to— (a) give to the National Environmental Complaints Committee all reasonable assistance in connection with the...

Section 34 - Proceedings of the Complaints Committee privileged

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...

Section 35 - Disclosure of interest

(1) 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...

Section 36 - Remuneration and other expenses of the Complaints Committee

(1) 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. (2) The remuneration...

Section 37 - National Environment Action Plan

(1) 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...

Section 38 - Provisions of the National Environment Action Plan

The national environment action plan shall— (a) 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; (b)...

Section 40 - County Environment Action Plan

(1) 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...

Section 41 - 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.

Section 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...

Section 41B - Monitoring compliance with Environmental Plans

(1) 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...

Section 42 - Protection of rivers, lakes, seas and wet lands

(1) No person shall, without the prior written approval of the Authority given after an environmental impact assessment, in relation to a river, lake, sea or wetland in Kenya, carry out any of the...

Section 43 - Protection of traditional interests

(1) The Cabinet Secretary may, by notice in the Gazette, declare the traditional interests of local communities customarily resident within or around a lake basin, wetland, coastal zone or river basin...

Section 44 - Protection of hill tops, hill sides, mountain areas and forests

The Authority shall, in consultation with the relevant lead agencies, develop, issue and implement regulations, procedures, guidelines and measures for the sustainable use of hill sides, hill tops,...

Section 45 - Identification of hilly and mountainous areas

(1) Every County Environment Committee shall identify the hilly and mountainous areas under their jurisdiction which are at risk from environmental degradation. (2) A hilly or mountainous area is at...

Section 46 - Reforestation and afforestation of hill tops, hill slopes and mountainous areas

(1) Every County Environment Committee shall specify which of the areas identified in accordance with section 45(1) are to be targeted for afforestation or reforestation. (2) Every County Environment...

Section 47 - Other measures for management of hill tops, hill sides and mountainous areas

(1) The Authority shall, in consultation with the relevant lead agencies, issue guidelines and prescribe measures for the sustainable use of hill tops, hill slides and mountainous areas. (2) The...

Section 48 - Protection of forests

(1) Subject to subsection (2) and the Forest Conservation and Management Act (Cap. 285) the Authority may, after consultation with the Chief Conservator of Forests, enter into any contractual...

Section 49 - Conservation of energy and planting of trees or woodlots

(1) The Authority shall, in consultation with the relevant lead agencies, promote the use of renewable sources of energy by— (a) promoting research in appropriate renewable sources of energy; (b)...

Section 50 - Conservation of biological diversity

The Cabinet Secretary shall, on the advice of the Authority, prescribe measures necessary to ensure the conservation of biological diversity in Kenya and in this respect the Authority shall— (a)...

Section 51 - Conservation of biological resources in situ

The Cabinet Secretary shall, on the recommendation of the Authority, prescribe measures adequate to ensure the conservation of biological resources in situ and in this regard shall issue guidelines...

Section 52 - Conservation of biological resources ex-situ

The Cabinet Secretary shall, on the recommendation of the Authority— (a) prescribe measures for the conservation of biological resources ex-situ especially for those species threatened with...

Section 53 - Access to genetic resources of Kenya

(1) The Cabinet Secretary shall, on the recommendation of the Authority, issue guidelines and prescribe measures for the sustainable management and utilisation of genetic resources of Kenya for the...

Section 54 - Protection of environmentally significant areas

(1) The Cabinet Secretary may, in consultation with the relevant lead agencies and in accordance with the Constitution, the Convention on Biological Diversity and other treaties, by notice in the...

Section 55 - Protection of the coastal zone

(1) The Cabinet Secretary may, by notice in the Gazette, declare an area to be a protected Zone. (2) The Cabinet Secretary shall conduct a survey of the coastal zone and prepare an integrated...

Section 56 - Protection of the ozone layer

(1) The Cabinet Secretary in consultation with the Authority, undertake or commission other persons to undertake national studies and give due recognition to developments in scientific knowledge...

Section 56A - Guidelines on climate change

The Cabinet Secretary shall, in consultation with relevant lead agencies, issue guidelines and prescribe measures on climate change.

Section 57 - Fiscal incentives

(1) Notwithstanding the provisions of any relevant revenue Act, the Cabinet Secretary responsible for Finance may, on the recommendation of the Council, propose to Government tax and other fiscal...

Section 57A - Strategic Environmental Assessment

(1) All Policies, Plans and Programmes for implementation shall be subject to Strategic Environmental Assessment. (2) For the avoidance of doubt, the plans, programmes and policies are those that...

Section 58 - Application for an Environmental Impact Assessment Licence

(1) Notwithstanding any approval, permit or license granted under this Act or any other law in force in Kenya, any person, being a proponent of a project, shall before for an financing, commencing,...

Section 59 - Publication of Environmental Impact Assessment

(1) Upon receipt of an environmental impact assessment study report from any proponent under section 58(2), the Authority shall cause to be published in the Gazette, in at least two newspapers...

Section 60 - Comments on Environmental Impact Assessment report by Lead Agencies

A lead agency shall, upon the written request of the Director-General, submit written comments on an environmental impact assessment study, evaluation and review report within thirty days from the...

Section 61 - Technical Advisory Committee on Environmental Impact Assessment

The Authority may set up a technical advisory committee to advise it on environmental impact assessment related reports and the Director-General shall prescribe the terms of reference and rules of...

Section 62 - Further Environmental Impact Assessment

The Authority may require any proponent of a project to carry out at his own expense further evaluation or environmental impact assessment study, review or submit additional information for the...

Section 63 - Environmental Impact Licence

The Authority may, after being satisfied as to the adequacy of an environmental impact assessment study, evaluation or review report, issue an environmental impact assessment licence on such terms and...

Section 64 - Submission of fresh Environmental Impact assessment report after Environmental Impact Assessment License issued

(1) The Authority may, at any time after the issue of an environmental impact assessment licence direct the holder of such licence to submit at his own expense a fresh environmental impact assessment...

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