The Environmental Management and Coordination Act CAP 387

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 regulations thereunder.
(2) A person who discharges a hazardous substance, chemical, oil or a mixture containing oil into any waters or other segments of the environment contrary to subsection (1) commits an offence.
(3) A person convicted of an offence under subsection (2) shall, in addition to any other sentence imposed by the court—
(a) pay the cost of the removal of the hazardous substance, chemical, oil or a mixture containing oil including any costs which may be incurred by any Government agency or organ in the restoration of the environment damaged or destroyed as a result of the discharge; and
(b) the costs of third parties in the form of reparation, restoration, restitution or compensation as may be determined by a competent court on application by such third parties.
(4) The owner or operator of a production or storage facility, motor vehicle or vessel from which a discharge occurs contrary to this section shall mitigate the impact of the discharge by—
(a) giving immediate notice of the discharge to the Authority and other relevant Government officers;
(b) immediately beginning clean-up operations using the best available clean-up methods;
(c) complying with such directions as the Authority may, from time to time, prescribe.
(5) Where the owner or operator of a production or storage facility, motor vehicle or vessel has refused, neglected and/or failed to take the mitigation measures prescribed in subsection (4), the Authority may seize the production or storage facility, motor vehicle or vessel.
(6) Where the owner or operator fails to take the necessary measures under subsection (4) after the passage of a reasonable time not exceeding six months in all the circumstances, the Authority may, upon an order of court, dispose of the production or storage facility, motor vehicle or vessel to meet the costs of taking the necessary measures under subsection (4) and other remedial and restoration measures.
(7) The Court in convicting a person of an offence under this section shall take into account the measures taken by that person to comply with subsection (4).
Check the current authoritative text and amendment history before relying on a provision.

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The Environmental Management and Coordination Act CAP 387▤

Effect of existing laws

Any written law by the national and county governments relating to the management of the environment in force immediately before t…

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The Environmental Management and Coordination Act CAP 387▤

County legislation

A County may make legislation in respect of all such matters as are necessary or desirable that are required or permitted under th…

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The Environmental Management and Coordination Act CAP 387▤

Power to make regulations

(1) The Cabinet Secretary may, on the recommendation of the Authority and upon consultation with the relevant lead agencies, make…

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The Environmental Management and Coordination Act CAP 387▤

Forfeiture, cancellation and other orders

(1) The Court before which a person is charged for an offence under this Act or any regulations made thereunder may, in addition t…

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