UPDATING WEB INFORMATION ON ENVIRONMENTAL LAW, REGULATIONS AND
GUIDELINES
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ENVIRONMENTAL ACT (EMCA1999)
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Introduction
Purpose
Offences
Frequently asked Questions
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The Environmental Management and Coordination Act EMCA is a framework law on
environment and establishes the National Environment Management Authority (NEMA) as
the overall body, charged with the management of environmental issues and provides for
sustainable management of the environment The Authority in consultation with the lead
agencies is empowered to issue guidelines and prescribe measures and standards for the
management and conservation of natural resources and the environment. The Act provides
for environmental monitoring and impact assessment; environmental audit; environmental
restoration orders and improvement notices; environmental easements; environmental
performance bonds; licensing and standard setting; use of economic and social incentives;
civil and penal sanctions, including community service, among others. It establishes the
ENVIRONMENTAL REGULATIONS OF KENYA
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Introduction
Purpose
Offences
Frequently asked Questions
Downloads
Permits if any
GUIDELINES
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Introduction
Purpose
Frequently asked Questions
Downloads
Permits if any
1.
EIA/EA REGULATIONS
These Regulation deals with the environmental impact assessment (EIA) process, including
project briefs and environmental impact studies. The Regulation provide for EIA review
processes, including invitation of general public comments and public hearings, and the
decision of the Executive Director of the National Environment Management Authority in
respect of the grant, rejection or cancellation of an EIA certificate.
No licensing authority under any law in force in Kenya shall issue a licence for any project
for which an environmental impact assessment is required under the Act unless the
applicant produces to the licensing authority a licence of environmental impact assessment
issued by the Authority under these Regulations. Regulation 4 (3) states that “No licensing
authority under any law in force in Kenya shall issue a trading, commercial or development
permit or license for any micro project activity likely to have cumulative significant negative
environmental impact before it ensures that a strategic environmental plan encompassing
mitigation measures and approved by the Authority is in place”.
These Regulations prohibit the carrying out of environment audits without due certification
and registration, except if the person is an environmental inspector. The Regulations also
provide for the preparation of environmental audit reports; require owners or operators of
facilities whose activities are likely to have a significant impact on the environment to
establish environmental management systems; provide for enforcement environmental
audits; and encourage voluntary environmental audits and compliance agreements to aid
facility compliance to environmental requirements
2.
NOISE REGULATIONS, 2009
These Regulations aim at ensuring the maintenance of a healthy environment for all people
in Kenya, the tranquillity of their surroundings and their psychological wellbeing by
regulating noise levels; and generally to elevate the standards of living of the people by
prescribing acceptable noise levels for different facilities and activities. The Regulations
prescribe the maximum permissible noise levels from a facility or activity to which a person
may be exposed; provide for the control of noise; and provide for mitigating measures for
the reduction of noise.
These Regulations prohibit a production of any loud, unreasonable, unnecessary or unusual
noise which annoys, disturbs, injures or endangers the comfort, repose, health or safety of
others and the environment.
3.
WETLANDS REGULATIONS
These Regulations provide for the protection of wetlands; their conservation and wise use;
inventorying of wetlands; and wetland use permits for regulated activities. The Regulations
also provide for protection zones for riverbanks and lakeshores. In particular, the rivers and
lakes outlined in the sixth and seventh schedules to the Regulations have a protection zone
of two hundred metres from the low water mark for lakes and one hundred meters from
the highest water mark for rivers. Other lakes and rivers have a protection zone of one
hundred metres from the low water mark for lakes and thirty metres from the highest water
mark for rivers. No activity is permitted in the protection zone without the written authority
of the executive director of the National Environment Management Authority.
Specific sections have requirements that apply to wetlands in Kenya either in private or
public land. The regulations empower the District Environment Committee to co-ordinate,
monitor and advise on all aspects of wetland resource management within the district.
4.
WASTE MANAGEMENT REGULATIONS
These Regulations apply to all categories of waste. These include:
•Industrial wastes;
•Hazardous and toxic wastes;
•Pesticides and toxic substances;
•Biomedical wastes;
•Radio-active substances. These regulations outline requirements for handling, storing,
transporting, and treatment/ disposal of all waste categories. Disposal of waste by NEMA
licensed company
These Regulations apply to all categories of hazardous and non-hazardous waste. They cover
movement of hazardous waste into and out of Kenya, its storage and disposal. . The
Regulations also provide for conditional licensing of transportation of waste from one
district to another. The Regulations prohibit the disposal of untreated waste into the
environment. Any person intending of run a waste treatment facility may, after carrying out
an EIA, apply for a license. In carrying out waste treatment, the operator of a waste
treatment facility shall take all necessary measures to minimize or prevent pollution from
site or plant.
5.
WATER QUALITY REGULATIONS
This includes the following:
•Protection of sources of water for domestic use;
•Water for industrial use and effluent discharge;
•Water for agricultural use. These Regulations outline:
•Quality standards for sources of domestic water;
•Quality monitoring for sources of domestic water;
•Standards for effluent discharge into the environment;
•Monitoring guide for discharge into the environment;
•Standards for effluent discharge into public sewers. License
These Regulations prohibit discharge of effluent or waste on land or into the aquatic
environment contrary to established standards and without a waste discharge permit . They
provide for the general obligation to mitigate pollution by installation of antipollution
equipment for the treatment of effluent and waste discharge emanating from an industry or
establishment. They also provide for sampling of effluent and waste water analysis.
6.
THE EMCA(CONSERVATION OF BIOLOGICAL DIVERSITY RESOURCES, ACCESS TO
GENETIC RESOURCES AND BENEFIT SHARING) REGULATIONS, 2006
These Regulations apply to access to genetic resources or parts of genetic resources,
whether naturally occurring or naturalised, including genetic resources bred for or intended
for commercial purposes within Uganda or for export, whether in in-situ conditions or exsitu conditions. They do not apply: to the exchange of genetic resources where the
exchange is done by a local community among themselves and for their own consumption;
or where the exchange is certified to be purely for food or other consumptive purposes as
prescribed by the relevant laws. They also do not apply to the transit of genetic resources
through Uganda; to access to genetic resources derived from plant breeders as defined by
the laws relating to plant breeding and plant variety; to human genetic resources;
Engage in activities with an adverse impact on any ecosystem; lead to the introduction of
any exotic species; lead to unsustainable use of natural resources, Any person who intends
to access genetic resources in Kenya needs an Access permit for genetic resources in Kenya
with a certificate from National Council for Science and Technology
7.
CONTROLLED SUBSTANCES
These are basically ozone depleting gases One needs a license to:
•Produce Controlled Substances.
•Import Controlled Substances. Transport Controlled Substances through Kenya. Export
Controlled Substances
These Regulations aim to regulate the production, trade and use of controlled substances
and products; provide for a system of data collection to facilitate compliance with relevant
reporting requirements under the Montreal Protocol on Substances that Deplete the Ozone
Layer; promote the use of ozone friendly substances, products, equipments and technology;
and ensure the elimination of substances and products that deplete the ozone layer. The
various schedules provide for controlled products, controlled substances and prohibition
dates; application for licenses to import controlled substances and export them; declaration
by the end user of controlled substances or products; and the need for records to be
maintained for controlled substances.
DRAFT REGULATIONS
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E-waste
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Waste tyre
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Deposit bonds
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Air quality
Guidelines
E-waste
Asbestos
EIA/EA
Waste management