Section 55 of The Environmental Management and Coordination Act CAP 387: 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 national coastal zone management plan based on the report of such survey.
(3) The Cabinet Secretary shall, from time to time, not exceeding every four years, review the national coastal zone management plan prepared under subsection (2).
(4) The report of the survey of the coastal zone shall contain—
(a) an inventory of all structures, roads, excavations, harbours, outfalls, dumping sites and other works located in the coastal zone;
(b) an inventory of the state of the coral reefs, mangroves and marshes found within the coastal zone;
(c) an inventory of all areas within the coastal zone of scenic value or of value for recreational and cultural purposes;
(d) an inventory of areas within the coastal zone of special value for research in respect of fisheries, erosion, littorals movement and such other similar subjects;
(e) an estimate of the quantities of sand, coral sea shells and other substances being removed from the coastal zone;
(f) an estimate of the impacts of erosion on the coastal zone; and
(g) an estimate of the extent, nature, cause and sources of coastal pollution and degradation;
(h) an estimate of freshwater resources available in the coastal zone; and
(i) any other relevant data or information that may be deemed appropriate.
(5) Any person who releases or causes to be released into the coastal zone any polluting or hazardous substances contrary to the provisions of this Act shall be guilty of an offence and liable upon conviction to a fine of not less than one million shillings or to imprisonment for a period not exceeding two years or to both such fine and imprisonment.
(6) The Cabinet Secretary shall, in consultation with the relevant lead agencies, issue appropriate regulations to prevent, reduce and control pollution or other form of environmental damage in the coastal zone.
(7) Notwithstanding the generality of subsection (6) of this section, the regulations made thereunder shall provide for the control and prevention of pollution—
(a) of the marine environment from land based sources including rivers, estuaries, pipelines and outfall structures;
(b) from vessels, aircrafts and other engines used in the coastal zone;
(c) from installations and devices used in the exploration or exploitation of the natural resources of the seabed and subsoil of the exclusive economic zone; and
(8) Where any polluting or hazardous substances are discharged, released or in any other way escape into the Coastal Zone, any person responsible for management of the polluting or hazardous substances shall be liable—
(a) for any resultant damage; and
(b) for the cost of any measures reasonably taken after the release or escape for the purpose of preventing, reversing or minimising any damage caused by such discharge, release or escape; and
(c) for any damage caused by any measures so taken.
(9) Where there arises a grave and imminent threat or danger of damage of discharge, release or escape of polluting or hazardous substances into the Coastal Zone, any person responsible for management of the polluting or hazardous substances shall be liable—
(a) for the cost of any measures reasonably taken for the purpose of preventing, minimising or controlling any such damage; and
(b) for any damage caused by any measures so taken

More Sections

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...

Section 82 - Emissions by motor vehicles and other conveyances

No owner or operator of a motor-vehicle, train, ship, aircraft or other similar conveyance shall— (a) operate it in such a manner as to cause air pollution in contravention of the established...

Section 83 - Additional licensing procedures

(1) The Authority may establish additional procedures for the application and grant of any licence under this Act and impose such conditions as it may deem appropriate. (2) Subject to subsection (1),...

Section 84 - Cancellation of emission licence

The Authority may, in writing, cancel any emission licence— (a) if the holder of the licence contravenes any provisions of this Act or of any regulations made under it; (b) if the holder fails to...

Section 85 - Register of emission of licences

The Authority shall maintain a register of all emission licences issued under this Act. The register shall be a public document and may be inspected at reasonable hours by any person on the payment of...

Section 86 - Standards for waste

The Cabinet Secretary shall, on the recommendation of the Authority— (a) identify materials and processes that are dangerous to human health and the environment; (b) issue guidelines and prescribe...

Section 87 - Prohibition against dangerous handling and disposal of wastes

(1) No person shall discharge or dispose of any wastes, whether generated within or outside Kenya, in such manner as to cause pollution to the environment or ill health to any person. (2) No person...

Section 88 - Application for waste licence

(1) Any person intending to transport wastes within Kenya, operate a wastes disposal site or plant or to generate hazardous waste, shall prior to transporting the wastes, commencing with the operation...

Section 89 - Licences for existing wastes disposal sites and plants

Any person who, at the commencement of this Act, owns or operates a waste disposal site or plant or generated hazardous waste, shall apply to the Authority for a licence under this part, within six...

Section 90 - Court orders to cease operation

The Authority may apply to a competent court for orders compelling any person to immediately stop the generation, handling, transportation, storage or disposal of any wastes where such generation,...

Section 91 - Hazardous wastes

(1) The Cabinet Secretary shall, on the recommendation of the Authority determine standard criteria for the classification of hazardous wastes with regard to determining— (a) hazardous waste; (b)...

Section 92 - Regulations of toxic and hazardous materials etc

The Cabinet Secretary may, on the advice of the Authority make regulations prescribing the procedure and criteria for— (a) classification of toxic and hazardous chemicals and materials in accordance...

Section 93 - Prohibition of discharge of hazardous substances, chemicals and materials or oil into the environment and spiller’s liability

(1) No person shall discharge any hazardous substance, chemical, oil or mixture containing oil into any waters or any other segments of the environment contrary to the provisions of this Act or any...

Section 94 - Standards of pesticides and toxic substances

The Cabinet Secretary shall, on the recommendation of the Authority— (a) determine standards for the concentration of pesticide residues in raw agricultural commodities. For the purposes of this...

Section 97 - Registration of pesticides and toxic substances

(1) The Authority may, upon application, register a pesticide or toxic substance subject to such existing conditions and any other conditions that the Authority may determine. (2) Every pesticide or...

Section 98 - Offences relating to pesticides and toxic substances

(1) No person shall— (a) detach, alter or destroy any labelling on a pesticide or toxic substance contrary to the provisions of this Act; (b) change the composition of a pesticide or toxic...

Section 99 - Seizure of pesticides and toxic substances

(1) Any pesticide or toxic substance which the Authority reasonably suspects to be the subject matter of an offence under this Act shall be liable to seizure by the Authority. (2) Whenever any...

Section 100 - Regulations regarding registration of pesticides and toxic substances

The Cabinet Secretary shall, in consultation with the relevant lead agencies, make regulations prescribing the contents of any application and the conditions for the registration of pesticides and...

Section 101 - Standards for noise

The Cabinet Secretary shall, on the recommendation of the Authority— (a) recommend minimum standards for emissions of noise and vibration pollution into the environment as are necessary to preserve...

Section 102 - Noise in excess of established standards prohibited

Subject to the provisions of the Civil Aviation Act (Cap. 394), any person who emits noise in excess of the noise emission standards established under this Part commits an offence.

Section 103 - Exemptions in respect of noise standards

(1) Notwithstanding the provisions of section 102, the Authority may on request grant a temporary permit not exceeding three months, allowing emission of noise in excess of established standards for...

Section 104 - Radiation Standards

(1) Subject to the provisions of the Radiation Protection Act (Cap. 243) the Cabinet Secretary, on the recommendation of the Authority, shall— (a) establish the standards for the setting of...

Section 107 - Standards for the control of noxious smells

The Authority shall, in accordance with the relevant lead agencies, establish— (a) procedures for the measurement and determination of noxious smells; (b) minimum standards for the control of...

Section 108 - Issue of Environmental Restoration Orders

(1) Subject to any other provisions of this Act, the Authority may issue and serve on any person in respect of any matter relating to the management of the environment an order in this Part referred...

Back to Kenya Acts