The Environmental Management And Coordination Act Cap 387 in Kenya

Categories

Search Results...
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...

Section 34 of The Environmental Management and Coordination Act CAP 387: 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 Act.

Section 35 of The Environmental Management and Coordination Act CAP 387: 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 matter is the subject of investigation, he shall, at the meeting and as soon as reasonably practicable...

Section 36 of The Environmental Management and Coordination Act CAP 387: 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 fees or allowances referred to in subsection (1) together with any other expenses incurred by the...

Section 37 of The Environmental Management and Coordination Act CAP 387: 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 public participation before the adoption of the Plan. (2) The Authority shall submit the Plan referred...

Section 38 of The Environmental Management and Coordination Act CAP 387: 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) contain an analytical profile of the various uses and value of the natural resources incorporating...

Section 40 of The Environmental Management and Coordination Act CAP 387: 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 consideration and adoption by the County Assembly. (2) Every County Environment Committee, in...

Section 41 of The Environmental Management and Coordination Act CAP 387: 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 of The Environmental Management and Coordination Act CAP 387: 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 order to — (i) minimize the duplication of procedures and functions; and promote consistency in the...

Section 41B of The Environmental Management and Coordination Act CAP 387: 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 the plans are being complied with. (2) If as a result of any action taken or inquiry made under...

Section 42 of The Environmental Management and Coordination Act CAP 387: 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 following activities— (a) erect, reconstruct, place, alter, extend, remove or demolish any structure...

Section 43 of The Environmental Management and Coordination Act CAP 387: 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 or forest to be protected interests. (2) The Authority shall, in consultation with the relevant...

Section 44 of The Environmental Management and Coordination Act CAP 387: 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, mountain areas and forests and such regulations, guidelines, procedures and measures shall control the...

Section 45 of The Environmental Management and Coordination Act CAP 387: 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 risk from environmental degradation if— (a) it is prone to soil erosion; (b) landslides have...

Section 46 of The Environmental Management and Coordination Act CAP 387: 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 Committee shall take measures, through encouraging voluntary selfhelp activities in their...

Section 47 of The Environmental Management and Coordination Act CAP 387: 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 guidelines issued and measures prescribed by the Authority under subsection (1) shall be by way of...

Section 48 of The Environmental Management and Coordination Act CAP 387: 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 arrangement with private owner of any land on such terms and conditions as may be mutually agreed for...

Section 49 of The Environmental Management and Coordination Act CAP 387: 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) creating incentives for the promotion of renewable sources of energy; (c) promoting measures for the...

Section 50 of The Environmental Management and Coordination Act CAP 387: 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) identify, prepare and maintain an inventory of biological diversity of Kenya; (b) determine which...

Section 51 of The Environmental Management and Coordination Act CAP 387: 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 for— (a) land use methods that are compatible with conservation of biological diversity; (b) the...

Section 52 of The Environmental Management and Coordination Act CAP 387: 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 extinction; (b) issue guidelines for the management of— (i) germplasm banks; (ii) botanical...

Section 53 of The Environmental Management and Coordination Act CAP 387: 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 benefit of the people of Kenya. (2) Without prejudice to the general effect of subsection (1), the...

Section 54 of The Environmental Management and Coordination Act CAP 387: 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 Gazette, declare any area of land, sea, lake, forests or river to be a protected natural environment for...

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,...

Section 56 of The Environmental Management and Coordination Act CAP 387: 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 relating to substances, activities and practices that deplete the ozone layer to the detriment of public...

Section 56A of The Environmental Management and Coordination Act CAP 387: Guidelines on climate change

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

Section 57 of The Environmental Management and Coordination Act CAP 387: 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 incentives, disincentives or fees to induce or promote the proper management of the environment and...

Section 57A of The Environmental Management and Coordination Act CAP 387: 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 are— (a) subject to preparation or adoption by an authority at regional, national, county or local...

Section 58 of The Environmental Management and Coordination Act CAP 387: 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, proceeding with, carrying out, executing or conducting or causing to be financed, commenced, proceeded...

Section 59 of The Environmental Management and Coordination Act CAP 387: 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 circulating in the area or proposed area of the project and over the radio a notice which shall state— (a)...