Section 33 of The Environmental Management and Coordination Act CAP 387: 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 investigation of any complaint under section 32; or
(b) appear before the National Environmental Complaints Committee for examination concerning matters relevant to the investigation of any complaint under section 32.
(2) A person who—
(a) 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
(b) obstructs or hinders the National Environmental Department in the exercise of his powers under this Act; or
(c) 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
(d) 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, commits an offence.
(3) A person convicted of an offence under subsection (2) shall be liable to a fine not exceeding fifty thousand shillings.
(4) 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.

More Sections

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...

Section 65 - Transfer of Environmental Impact Assessment Licence

(1) An environmental impact assessment licence may be transferred by the holder to another person only in respect of the project in relation to which such licence was issued. (2) Where an...

Section 66 - Protection in respect of an Environmental Impact Assessment Licence

(1) No civil or criminal liability in respect of a project or consequences resulting from a project shall be incurred by the Government, the Authority or any impact assessment study, evaluation or...

Section 67 - Revocation, suspension or cancellation of Environmental Impact Assessment Licence

(1) The Authority may, after the issuance of an environmental impact assessment licence— (a) cancel or revoke such licence; or (b) suspend such licence, for such time, not more than twenty four...

Section 68 - Environmental audit

(1) The Authority or its designated agents shall be responsible for carrying out environmental audit of all activities that are likely to have significant effect on the environment. (2) An...

Section 69 - Environmental monitoring

(1) The Authority shall, in consultation with the relevant lead agencies, monitor— (a) all environmental phenomena with a view to making an assessment of any possible changes in the environment and...

Section 71 - Water quality standards

(1) The Cabinet Secretary shall, on the recommendation of the Authority— (a) establish criteria and procedures for the measurement of water quality; (b) recommend to the Authority minimum water...

Section 72 - Water pollution prohibition

(1) Any person, who upon the coming into force of this Act, discharges or applies any poison, toxic, noxious or obstructing matter, radioactive waste or other pollutants or permits any person to dump...

Section 73 - Duty to supply plant information to the Authority

All owners or operators of irrigation project schemes, sewerage systems, industrial production workshops or any other undertaking which may discharge effluents or other pollutants shall within ninety...

Section 74 - Effluents to be discharged only into sewerage system

(1) Every owner or operator of a trade or industrial undertaking shall discharge any effluents or other pollutants originating from the trade or industrial undertaking only into existing sewerage...

Section 75 - Licence to discharge effluents

(1) No entity operating a sewerage system or owner or operator of any trade or industrial undertaking shall discharge any effluents or other pollutants into the environment without an effluent...

Section 76 - Cancellation of effluent discharge licence

The Authority may in writing, cancel any effluent discharge licence— (a) if the holder of the licence contravenes any provision of this Act or any regulations made thereunder; (b) if the holder...

Section 77 - Register of effluent discharge licences

The Authority shall maintain a register of all effluent discharge licences issued under this Act. The register shall be a public document and may be inspected at any reasonable hour by any person on...

Section 78 - Air quality standards

(1) The Cabinet Secretary shall, on the recommendation of the Authority— (a) establish criteria and procedures for the measurement of air quality; (b) set— (i) ambient air quality standards; (ii)...

Section 79 - Controlled areas

(1) The Cabinet Secretary, subject to the Constitution and any other relevant laws may on the advice of the Authority, by Gazette Notice, declare any area to be a controlled area for the purposes of...

Section 80 - Licensing emissions

(1) An owner or operator of a trade, industrial undertaking or an establishment which after the commencement of this Act, is emitting a substance or energy which is causing or is likely to cause air...

Section 81 - Issue of emission licence

(1) Before issuing a licence in respect of emissions, the Authority shall— (a) consider the possible effects of the emissions on the quality of ambient air; (b) consider existing licences affecting...

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