Environmental Management and Co-ordination Act, 1999 🇰🇪

Kenya

Preface

Part I – – PRELIMINARY

1. Short title

2. Interpretation

Part II – – GENERAL PRINCIPLES

3. Entitlement to a clean and healthy environment

3A. Access to information

Part III – – ADMINISTRATION

4. Repealed by Act No. 5 of 2015, s. 5.

5. Functions of the Cabinet Secretary

6. Repealed by Act No. 5 of 2015, s. 7.

7. Establishment of the National Environment Management Authority

8. Headquarters

+28 more sections

Part IV – – ENVIRONMENTAL PLANNING

37. National Environment Action Plan

38. Provisions of the National Environment Action Plan

39. Provincial Environment Action Plans

40. County Environment Action Plan

41. Contents of County Environment Action Plans

+2 more sections

Part V – – PROTECTION AND CONSERVATION OF THE ENVIRONMENT

42. Protection of rivers, lakes, seas and wet lands

43. Protection of traditional interests

44. Protection of hill tops, hill sides, mountain areas and forests

45. Identification of hilly and mountainous areas

46. Re-forestation and afforestation of hill tops, hill slopes and mountainous areas

+12 more sections

Part VI – – INTEGRATED ENVIRONMENTAL IMPACT ASSESSMENT

57A. Strategic Environmental Assessment

58. Application for an Environmental Impact Assessment Licence

59. Publication of Environmental Impact Assessment

60. Comments on Environmental Impact Assessment report by Lead Agencies

61. Technical Advisory Committee on Environmental Impact Assessment

+6 more sections

Part VII – – ENVIRONMENTAL AUDIT AND MONITORING

68. Environmental audit

69. Environmental monitoring

Part VIII – – ENVIRONMENTAL QUALITY STANDARDS

70. Repealed by Act No. 5 of 2015, s. 49.

71. Water quality standards.

72. Water pollution prohibition

73. Duty to supply plant information to the Authority

74. Effluents to be discharged only into sewerage system

+33 more sections

Part IX – – ENVIRONMENTAL RESTORATION ORDERS, ENVIRONMENTAL CONSERVATION ORDERS AND ENVIRONMENTAL EASEMENTS

108. Issue of Environmental Restoration Orders

109. Contents of environmental restoration orders

110. Reconsideration of environmental restoration order

111. Issue of environmental restoration order by a court

112. Environmental easements and environmental conservation orders

+4 more sections

Part X – – INSPECTION, ANALYSIS AND RECORDS

117. Appointment of Environmental Inspectors

118. Environmental Inspector’s powers to prosecute

119. Procedures for laboratories analysis of samples

120. Certificate of analysis and its effect

121. Records to be kept

+2 more sections

Part XI – – INTERNATIONAL TREATIES, CONVENTIONS AND AGREEMENTS

124. Conventions, agreements and treaties on environment

124A. Transactions requiring Parliamentary ratification

Part XII – – NATIONAL ENVIRONMENT TRIBUNAL

125. Establishment of the National Environment Tribunal

126. Proceedings of the Tribunal

127. Awards of the Tribunal

128. Quorum for determination by Tribunal

129. Appeals to the Tribunal

+8 more sections

Part XIII – – ENVIRONMENTAL OFFENCES

137. Offences relating to inspection

138. Offences relating to Environmental Impact Assessment

139. Offences relating to records

140. Offences relating to standards

141. Offences relating to hazardous wastes, materials, chemicals and radioactive substances

+5 more sections

Part XIV – – REGULATIONS

147. Power to make regulations

147A. County legislation

148. Effect of existing laws

FIRST SCHEDULE

SECOND SCHEDULE [Section 58, Act No. 5 of 2015, s. 80, L.N. 31/2019.]

Paragraph (a)

Paragraph (b)

Paragraph (c)

Paragraph (d)

Paragraph (e)

+37 more sections

THIRD SCHEDULE [Sections 37(1)(d), 70(2).]

REPUBLIC OF KENYA

Environmental Management and Co-ordination Act, 1999

Act 8 of 1999

Assented to on 6 January 2000
Commenced on 14 January 2000
[This is the version of this document from 14 January 2000.]

An Act of Parliament to provide for the establishment of an appropriate legal and institutional framework for the management of the environment and for matters connected therewith and incidental theretoWHEREAS it is desirable that a framework environmental legislation be promulgated so as to establish an appropriate legal and institutional framework for the management of the environment;AND WHEREAS it is recognised that improved legal and administrative co-ordination of the diverse sectoral initiatives is necessary in order to improve the national capacity for the management of the environment;AND WHEREAS the environment constitutes the foundation of national economic, social, cultural and spiritual advancement;NOW THEREFORE BE IT ENACTED by the Parliament of Kenya, as follows—

Part I – – P…

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