THE ENVIRONMENTAL (IMPACT ASSESSMENT AND AUDIT) REGULATIONS. 2003 potx

p~ting posters in strategic public places in thevicinityofthe site of the proposed project informingthe affected parties and communities of the proposedproject; publishing a notice on th

SPECIAL ISSUE

i

Kenya COLette Supplement No 56

(Legislative Supplement No 31)

13th June. ZOO3

LEOAL NOTICE No 101

THE ENVIRONMENTAL (IMPACT ASSESSMENT AND AUDIT)

REGULATIONS 2003ARRANGEMENT OF REGULAnONS

4-Approval of environmental impact assessment.

5 -Technical Advisory Committees

6 Application for environmental impact assessment licence

PART II-THE PROJECT REPORTI-Preparation of project report

S-5ubmission of project report

9-Comments on project report

IO-Approval of project report

PART III-THE ENVIRONMENTAL IMPACT ASSESSMENT STUDY

II-Terms of reference

12-Environmental impact assessment guidelines.

13-Approval of experts

14 Regis\ra\ion of environmental impact assessment experts

15-Environmental impact assessment expert licence

16 Environmental impact assessment study

17-Public participation

18-Conlenls of environmental impact assessment study report

/9-5ubmission of environmental impact study report

20-invitation of comments from lead agencies

2 I-Submission of comments

22-Public hearing.

23-Decision of the Authority

23-Environmental impact assessment licence

:ro-Proteclion of proprietary information

PART V-ENVIRONMIlNTAL AUDIT ANI>MoNITORING

3 I-Environmental audit study

32-Compliance with standards

33-Control auditing

34-Self auditing

36-The environmental audit report

37-Post audit orders

3S-lnspections

39-Audit petition by public

4O-Monitoring by the Authority andleadagencies

41-The monitoring report,

PART VI-MISCELLANEOUS PROVISIONS

42-SlIategic environmental assessment

43-Contents of strategic environmental impactreport

44 Regional and international issues

THIRD SCHEDUUJ-General guidelines for carrying out an

environmental impact assessment study

FOURTH SCHEI>UUJ-Crileria for environmental impact assessment

experts

FIFI1I SCHEDULE-Fees

THE ENVIRONMENTAL MANAGEMENT AND

CO-ORDINATION ACT

(No.8 of 1999)

INEXERCISE of the powers conferred by section 141of the

Environmental Management and Co-ordination Act, the Minister for

the time being responsible for matters relating to the environment

makes the following

Regulalions:-THEENVIRONMENTAL (IMPACT ASSESSMmITAND AlIDm

REGULATIONS, 2003PART I-PRELtMINARY

l These Regulations may be cited as the Environmental (Impact Assessment and Audit) Regulations 2003

0""""-2 IntheseRegulations unless the context otherwise require&- 1 ,.-;

"analysis" means the testing or examination of any matter.

substance or process for theP'!rposeof determining its composition or

qualities or its effect (whether physical chemical or biological) on any

segment of the environment or examination of emissions or recording

of noise or sub-sonic vibrations to determine the leyel or other

characteristics of the noise or sub-sonic vibration or its effect on any

segmentsofthe environment

"Authority" means the National Environment Management

Authority established under section 1oftheA~t;

"biological diversity" means the variability among liVing

organisms from all sources including terrestrial ecosystems, aquatic

ecosystemsand the ecological complexesof which they arepan; this

includes diversity within species among species, andofecosystems;

"chemical" means a chemical substance in any form whether by

itself or in a mixture or preparation whether manufactured or derived

from nature and includes industrial chemicals pegticides fertilizers and

"Director-General" means the Director-General of the Authority

appointed under section 10ofthe Act;

"District Environment Committee" means the District

Environment Committee appointed under section 29 of the Act;

"economic analysis" means the use of analytical methods which

take into account economic.socio-cultural,andenvironmentalissues in

an integrated manner in the assessment of projects;

"environment» includes the physical factors of the surroundihgs of

~uman beings including land, water atmosphere climate, sound,

odour, taste,the biological factors of animalsandplants and thesocial

factor of aesthetics and includes both the natural and the built

environment;

"environmental audit study» means a systematic evaluation of

activities and processes of an ongor,lgpnljtct to detennine how far

"natura! resources" include resources of air land water animals

andplants including their aesthetic qualities;

"premises" include mesuages, buildings lands and hereditaments

in everytenureandmachinery, plamor vehicleusedin connection withany trade carried on at any premises;

"project" includes any project programme or policy that leads toactivities which may haveanImpacton the environment;

"project report" means a summary statement of the likely

environmentaleffects ofaproposed development referred to in section

58of theAct;

"proprietary information" means information relating to anymanufacturing process, teade secret, trade mark copyrighl,patent orformula protectedbylaw in Kenya or by any intemational treaty toWhich Kenyaisaparry;

"proponent"- means a person proposing or executing a project.programme or an undertaldng specified in the second Schedule of theAct;

"Provincial Environment Committee" means the Provincial

Environment Committee appointed under section 29 oftheAct;

"review".means a process of checking the adequacy of anenvironmental impact study to ensure that it meets the legalrequirement and ensure wide acceptanceofthe environmental impactstudy fw<!ings;

"social analysis" means assessing or estimating in advance the

social consequences~ from specific policy actions or projectdevelopment Including social justice al\\l equity social uncertainty

social cohesion, socia! networks and interactions•.social status_and

"sustainable development" means development that meets theneeds of the present generation without compromising the ability offuture generations to meet their needs by maintaining the carryingcapacity ofthe supporting ecosystem;

Usustainab\euse" means present use of the environment or nawral

resources which does not compromise the ability to use the same byfut)lte generations or degrade the carrying capacity of supportingecosystems;

"Standards and Enforcement Review Committee" means theStandards and Enforcement Review Committee established undersection 70 of the Act:

12 (I) An environmental impact assessment study shall be

conducted in accordance with the general environmental impact

assessment guidelines and sector environmental impact assessment

guidelinessetout intheThird Schedule to these Regulations

(2) Sector environmental impact assessment guidelines shall be

developedbythe leadagency inconsultationwiththeAuthority

13 (I)A proponent shall on the approval ofthe terms of reference

under regulation II submit to the Authority the names and

qualifications of the impact assessment experts appointed to

undertake the environmental impact assessment study and authorized

so todoin accordance with section 58 (5) of the Act

(2) Every environmental impact assessment study shall be carried

out by a lead expert qualified in accordance with tbe criteria of listing

of experts specified intheFourth Scheduletothese Regulations

(3) A person undertaking an environmental impact assessment

study shall conduct tbemselvesinaccordance with an established code

of practice issued by the Authority

l~, (l) A person Or firm wishing to apply for registration asan

environmental impact assessment expert or firm of experts for carrying

out environmental impact assessment studies or audits shall be

required tomeetthequalification criteria set out in the Fourth Schedule

to theseRegulanons

(2) An applicant f.or registration under sub-paragraph (I) shall

submit an application in Form ~set out in the First Schedule to these

Regulations accompanied by the prescribed fees

(3) An environmental impact assessment expert practising

under a firm-of experts shallberegisteredasan individual expert

(4) The Authority shall issue a certificate of registration to a

qualified.envircnmentatimpact assessment expert in Form 5 set out in

the First Schedule to these Regulations

(5) An environmental impact assessment expert registered as

such under these Regulations may be de-registered if the expert

contravenes any of the provisions of the code of practice issued by the

Authority

15 (I)An envir<~nmental impact assessment expert registered

under these Regularions may apply for an environmental impact

assessmentpractisinglicence- in Fonn 6 set out in the.FirstSchedule to

these Regulations.

(21 Where the Authority approves an application submitted

under sub-regulation (I l it shull issue an environmental impact

assessmentpractising licence in Fonn 7 set out in the First Schedule to

theseRegulations

(3) The approval of the experts to undertake an environmental

impa: assessment under this regulation shall be communicated to the

Environmemal impact

proponent by the Authority within fourteen days of receipt of theproponent's application.

16 An environmental impact assessment study prepared underthese Regulations shal! take into acconnt environmental, soci\\!,cultural, economic, and legal considerations, and shall

(aJ identify the anticipated environmental impacts of the projectand the scale oftheimpacts;

(b) identifyandanalyze alternativesto the proposed project;

(e) propose mitigation measures to be taken during and after

theimplementation oftheproject; and

mechanisms for monitoring andevaluating the complianceand environmental performance whichshall include the cost

of mitigation measures and the time frame of implementingthe measures

p~ting posters in strategic public places in thevicinityofthe site of the proposed project informingthe affected parties and communities of the proposedproject;

publishing a notice on the proposed project for tw"successive weeks in a newspaper that has a nation-wide circulation; and

(ii)

assessment study under these Regulations, the proponent shall inconsultation with the Authority, seektheviews of persons who maybe

affected bytheproject(2) Inseckelng the views"fthe pn\llic,after tbe approval ofthe

project report by the Authority the proponent

shall-(a) publicize the project and its anticipated effects and benefitsby-

consecutive weeks;

(b) hold at least three public meetings with the affected partiesand communities to explain the project and its effects, and

to receivetheiroral or written comments:

(e) ensure that appropriate notices are sent out at least one weekprior to the meetings "and that the venue and times of themeetings are convenient for the affected communities andthe <>ther concerned parties; and

(d) ensure, in consultation with the Authority that a suitablyqualified co-ordinator is appointed to receive and recordboth oral and written comments and any translations thereof

received duringall public meetingsforonward transmission

to the Authority

PART Iv-THE ENVIRONMENTAL IMPACf ASSESSMENT STUDY REPORT

Ill (l)A proponent shall submit to the Authority, an environmental

impact assessment study report incorporating but not limited to the

following

information-(a) the proposed location of the project;

(b) a concise description of the national environmental

legislative and regulatory framework, baseline information,

and any other relevant information related to the project;

(c) the objectives oftheproject;

(t!) the technology, procedures and processes to be used, in the

implementation of the project;

,(

(e) the materials to be used in the construction and

implementation of the project;

(f) the products, by-products and waste generated by the

project;

(g) a description ofthe potentially affected environment;

(h) the environmental effects of the project including the social

and cultural effects and the direct, indirect, cumulative,

irreversible, short-term and long-term effects anticipated;

(i) altemati ve technologies and processes available and reasons

for preferring the chosen technology and processes;

(j) analysis of alternatives including project site, design and

technologies and reasons for preferring the proposed site,

designand technologies

(k) an environmental management plan proposing themeasures

for eliminating, minimizing or mitigating adverse impacts

on the environment; including the cost, time frame <lnd

responsibility to implement the measures;

(I) provision of an' action plan for the prevention and

management of foreseeable accidents and hazardous

activities in the cause of carrying out activities Or major

industrial and other development projects;

(III) the measures to prevent health hazards and 10 ensure

security in the working environment for the employees and

for the management of emergencies;

{Il} an identification of gaps in knowledge and uncertainties

whichwereencountered incompiling the information;

(0) an economic and socialanalysisof the project

Contents of envirmunental impact

lL<;stlistneftt

study report.

(p) an indication of whether the environment of any other state

is likely to be affected and the available alternatives andmitigating measures; and

(q) such other matters as the Authority may require

(2) The environmental impact assessment study report shall beaccompanied by a non-technical summary outlining the key findings,conclusions and recommendations of the study and shall be signed bythe proponent and environmental impact assessment experts involved

in its preparation

19 A proponent shall sU\lmit ten copies and an electronic copy

of an environmental impact assessment study report to the Authority

in Form IB set out in the first Schedule to these Regulationsaccompanied by the prescribed fees

20.(l)The Authority shall within fourteen days of the receipt ofthe environmental impact assessment study report, submit a copy of thereport to any relevant lead agencies for their comments

(2) Upon receiving the environmental impact assessment studyreport, the lead agencies shall review the report to ensure that itcomplies with the terms of reference developed under regulation II andthat it is comprehensive and shall thereafter send their COmments on thestully report to the Authority within thirty days or such extended period

astheAuthority may specify

(3) If the lead agencies to which a copy of the environmentalimpact assessment study report is submitted fail to submit theircomments Within thirty days or such extended period as theAuthority

may specify, the Authority may proceed with the determination ofthe

application for the implementation of the project

21 (I)The Authorityshall, within fourteen daysofreceiving theenvironmental impact assessment study report, invite the public tomake oral or written comments00the report

(2) The Authority shall, attheexpense of the (o) publish for two successive weeks in the Gazette and in anewspaper with a nation-wide circulation and in particularwith a wide circulation in the area of the proposed project, apublic notice once a week inviting the public10submit oral

proponent-or written comments on the environmental impactassessment study report; and

(b) make an announcement of the notice in both official andlocal languages at least once a week for two consecutive weeks in a radio with a nation-wide coverage

(3) The invitation for public comments under this regulationshall state->

(0) the nature ufthe project;

(b) the location of the project;

(c) the anticipated impacts of the project and the proposed

mitigation measures10respond to the impacts;

(d) thelimes andplacewhere the full report can be inspected;

and

(c) the period within which the Authority shall receive

comments.

(4) The notice10 be published in the newspaper as specified

under sub-regulation (3) shall be in Form 8 set out in the First Schedule

to these Regulations,

22 (I) Upon receipt of both oral and written comments as specified ''ubI'''_.

by section 59 and section 60 of the Act. the AUlhorily may hold a

public hearing

(2) A public hearing under these Regulations shall be presided

over by a suitably qualified pers6n\ppointedbythe Authority

(3) The-date and venue of the public hearing shall be publicized

at leastoneweek priorto the

meeting-(lI) by notice in at least one daily newspaper of national

circulation and one newspaper of local circulation;

Ib) by at le \, two announcements in the local language of the

community and the national language through radio with a

nationwidecoverage

(41 The public hearing shall be conducted al a venue convenient

and accessible to people whoarelikely10be affected by the project,

15) A proponent shall be given an opportunity to make a

_presentation andto respondtopresenrarionsmadeat the publichearing,

ttl} The presiding officer ~halJ in consultation with the

Aurhorilydcicrmloe the rules of procedureat thepublic hearing

,.0) Onthe coaclusionufthe hearing, the presiding officer shall

compile u report of the views presented itt tile public hearing and

submit the report (0{h~ Djn.~'{OrGcncml withiufvurtccn days from the

tI<H(' of the puhlil:he~fing.

environmental inlp.lcl assessment ~lu«Jy report y,."ithin three months of 'h.,'i1udJOrily.

rccciviugan cndronnk.'nf<ll imJxll:tassessmentstudyreport

{2, Tilt>dct'is;otl of'JhcAuthority shallhc in writing~lI1d shull

contain thercaS()t1s lherc()f.

t3}_ Inm~lkin,g.\dccislon regarding~1I1 environmental impact

'lssessl~lcnt licence under these Rcgutations the AUlhority shall lake

Into

a< "'()Unl-luI (he validity of the environmental imp ict assessment study

report sU~ll\itlcd.unuerregulation 18 with emphasis on the

economic, social~,"Jcultural impm.:ls of the project;

at the Authority's offices.

24 Where the Authority approves an environmental impactassessment study report under regulation 23, it shall issue a nenvironmental impact assessment licence in Form 3set out in the FirstSchedule to these RJ,gulations on such terms and conditionsasit maydeem necessary

~5 (I) Where a proponent wishes to vary the terms andconditions on which an environmental impact assessment licence hasbeen issued, the holder of the licence has been apply for a variation ofthe environmental impact assessment licence in Form9set out in theFirst Schedule to these Regulations accompanied by the prescribedfees

(2) The Authority may issue a certificate of variation of anenvironmental impact assessment licence in Form 10 set out in the FirstScheduleto these Regulations

(3) A variation of an environmental impaCt assessment licenceissued under regulation 24 may be issued without the holder of thelicence submitting a fresh environmental impact assessment studyreport if the Authority is satisfied that the project if varied wouldcomply with the requirements of the original licence

(4) Where an environmental impact assessment is requiredunder this regulation, the provisions of Part II of these Regulationsshall apply

licence may, on payment of the prescribed fee, transfer the licence toanother person only in respect of the project to which such licencewas

issued,(2) The transferee as well as the transferor of a licence underthis regulation shallbe liable for all liabilities, and the observance of allobligations imposed by the transfer in respect of the licencetransferred, but the transferor shall not be responsible for any futureliabilities or any obligationssoimposed with regard to the licence fromthe date the transfer is approved

(3) Wherean environmental impact assessment licence isto betransferred, ~e per~o.nto whom it is to betransferred and the persontransfemng It shall Jomtly notify the Director General of thetransf

Form IIset outintheFirst Schedule to these Regulations er m

anenvironmental

impact1ll'SeS.~mtn1

licence.

(4) The Authority shall issue a certificate of transfer of an

environmental impact assessment licence in Form 12 set out in the First

Scheduletothese Regulations

(5) Where no joint notification of a transfer is given in

accordance with this regulation, the registered holder of the licence

shall he deemed for the purposes of these Regulations andtheAct to he

the owner or the person having charge, management' Of control of the

project as the case may be

27 (I) The holder of an environmental impact assessment Sune_of);",,,,""licence may surrender the licence issued undertheseRegulations to the

Authority after ceasing to he respunsible for the implementation of the

project

(2) The holder of the Iicence shall notify the Authority of the

intention to surrender the licence ullder sUb-'"'/&'I.lation (I)at least six

monthsbeforethesurrenderhy submitting a nodfieation in Form 13set

out in the First Schedule to these Regulations together with the

prescrihed fees

(3) The holder of a licence shall not surrender their licence

without the consent of the Authority

(4) Tile surrender of an environmental impact assessment

licence shall not be effective until the Authority issues a certificate of

surrender in respect of that licence in Form 14 set out in the First

Scheduletothese Regulations

(5) A surrender shall he without prejudice to any liabilities Or

obligations which have accrued on the holder of the licence prior to the

date ofsurrender,

28: (I)The Authority may, at any time after it issues a licence

under tltese Regulations, on the advise of the Standards Enforcement

and Review

Committee-(a) su~pend the licence on such terms and conditions as the

Authority may deem fit for a period not exceeding twenty-four months;

or

(h) revoke or cancel the licence

(2) The Autltority may suspend, revoke or cancel a licence as

specified under sub-regulation (I)

where-(al the licensee contravenes the conditions set out in the

licence;

(hi there is a substantial change or modification in the project or

in the manner in which the project is being implemented;

(el the project puses an environmental threat which could not

be reasonably foreseen before tbe licence was issued; or

(d) it is established that the information or data given by the

proponent in support of his application for an environmental

30 (I)A person submitting information to the Authority may ata"y time applyto the Authority in Form 15 set out in the First Schedule

to these Regulations to exclude the information orparts thereof frombeing made available to the public on the basis of commercialconfidentiality or national security

(2) If the Authority grants the request made under regulation(lq, the information or specified parts of the informationshall be excluded from public access, and an entry shall be madein aregister to be maintained by the Authority indicating in general thenature of the informationand the reason for which it is excluded frompublic access:

sub-Provided that this information shall remain available to theAuthority, and the Authority shall take all measures to maintainconfidentialityoftheinformation and shall not copy, circulate, publish

or disclose such information

(3) If the Authority rejects the claim that the information isproprietary, it shall communicate the decision to tbe proponent withinfourteen days of its decision

(4) The Authority shall review its decisionon an applicationmade under this regulation from time to time to determine whether thereasons for exclusion arestill valid and whether the exclusion should

continue.

(5) A person who is aggrieved by the decision of the Authorityunder this regulation may appeal to the Tribunal against that decision

PART V-ENVIRONMENTAL AUDIT AND MONITORING

31 (I) An environmental audit study shall be undertakenon

thefollowing development activities which arelikely10have adverseenvironmental impacts-

(a) ongoing projects commenced prior tothe coming into force

(a) in the case of an ongoing

project-(i) an initial environmental audit study followed bysubsequent environmental control audit studies asmay be necessary at such times as shall be agreedupon by the Authorityandthe proponent; and

(ii) an initial environmental audit study to providebaseline information upon which subsequentenvironmental control audit studies shall be based;

and

(b) an environmental audit study based on baseline informationprovided in the environmental impact assessment reportstudy

(4) (a) Theproponent of an ongoing project sball undertake anenvironmental audit of the project within ajjeriodof twelve monthsfrom the date of publication of these Regulations

(b) A proponent of a project that has undergone anenvironmental impact assessment study shall within aperiod of twelve months of the commencement of theoperations, and not more Iban twenty four months after thecompletion of a project which ever is earlier, undertake anenvironmental auditofthe project:

Provided that an audit may be required sooner if the life of theproject is shorter than theperiodprescribedunder Ibis regulation.(5) An environmental audit study specified under this regulationshall be conducted in accordance with the terms of reference developed

by the proponentinconsultation with theAulhority

(6) In carrying out the en~ironmental audit study under thisregulation, the auditor shall ensure that an appraisal of all the projectactivities; including the production of goods and services is carried out,gives adequate consideration to environmental regulatory frameworks,environmental health and safety measures and sustainable use ofnatural resources

(7) An audit reportcompiled under this regulation shall includebut shall notbe limited to the follOWing information-

(a) tbepast and present impacts of the project;

(b) the responsibility and proficiency of the operators of theproject;

(c) existing internal control mechanisms to identify and, mitigate activities with a negative environmental impact;

(d) existinginternal control mechanisms to ensure the workers'health'andsafety; and

(e) the existence of environmental awareness and sensitizationmeasures including environmental standards, and

33 (I)A control auditshall becarriedout by the Autboritywhenever theAuthority deems it necessary to check compliance withthe environmental parameterssetfor the project or to verify self-auditing reports.

(2) A control audit

sball-(a) confirm that the environmental management plan of theproject is beingadheredto; arid

(b) verify the adequacy of the environmental management plan

in mitigating the negative impacts of a project

34 (I) Inexecuting a project, after the environmental impactassessment study report bas been approved by the Authority, or aftertbe initial audit of an ongoing project, the proponent sball take allpractical measures to ensure the implementation of tbe environmentalmanagement plan by-

(a) carrying out a self-auditing study on a regular basis;

(b) preparing an environmental audit report after each audit andsubmitting tbe report to the Authority annually or as may beprescribed by the Authority; and

(c) ensuring that the criteria used for the audit is based on theenvironmental management plan developed during theenvironmental impact assessment process or after the initialaudit

35 (I) An environmental audit shall be carried out throughquestionnaires, an environmental site visits and test analysis and in themanner specified in Ibis regulation

(2) In conducting an initial environmental audit anenvironmental auditor shall-

(a) consider the description of the project;

(b) indicate the objective, scope and criteria of the audit;

(c) study all relevant environmental law and regulatoryframeworks on health and safety, sustainable use of natural

resources and on acceptable national andinternationalstandards;

(d) verify the level of compliance by the proponent with theconditions ofthe environmental management plan;

(e) evaluate the proponent's knowledge and awareness of and

responsibility for the application of relevant legislation;

(j) review existing project documentation related to all

infrastructural facilities anddesigns;

(g) examine monitoring programs parameters, and procedures

in placefor control and corrective actions in case of

emergencies;

(h) examine records of incidents and accidents and the

likelihood of future occurrence of the incidents and

accidents;

(.) inspect all buildings premises and yards in which

manufacturing testing and transportation takes place within

and without the project area as well as areas where goods

are stored and disposed of and give a record of all

significant environmental risks associated with such

activities;

(j) examine and seek views on health and safety issues from the

project employees the local and other potentially affected

communities; and

(k) prepare a list of health and environmental concerns of past

andon-goingactivities.

(3) Whereanenvironmentalauditor is conducting a control audit,

the environmental auditor

shall-(0) consider the description of the project;

'(b) indicate the objective scope and criteria of the audit;

(c) inspect all buildings premises and yards in which

manufacturing testing and transportation takes place within

and without the project area as well as areas where goods

are stored and disposed of and give a record of all

significant environmental risks associated with such

activitiesi

(d) indicate the extent to which the environmental management

plan corresponds to the planned arrangements and if

implemented achieves the stated objectives;

(e) identify any significant Source of air pollution water

pollution land contamination and degradation local

community disturbance, wildlife disturbance and the health

of the workers of the project; and

(fJ prepare a list of concerns of on-going activities with

environmental standard and how environmental impacts will be

addressed and controlled

(2) An environmental audit report compiled under theseRegulations shall contain-

(a) a presentationofthe type of activity being audited;

(b) an indication of the various materials including manufactured materials the final products and by-products.and waste generated;

non-(c) a description of the different technical activities processesand operations of the project;

(tf) a description of the national environmental legislative andregulatory frameworks on ecological and socio-economic

(k) a non technical summary outlining the key findings.conclusions and recommendations of the auditor

37 The Authority may issue an improvement order for diecarrying out of corrective measures for mitigating the environmentaldegradations revealed during any audit study

38 (I) An inspector may at reasonable times enter on anyland premises or facility of a project for the purposes of inspection toexamine records and to make enquiries ontheproject

(2) A person who refuses to answer questions refuses to availdocuments or refuses to give other information legitimately sought bythe inspector commits an offence

39 A member of the public may after showing reasonablecause in writing petition the Authority to cause an audit tobecarriedout on any project

40 (I)The Authority shan in consultation with lead

agencies-(a) monitor environmental phenomena with a view to making

an assessment of any possible changes in the environment

and their possible impacts

(b) monitor the operations of any industry, project or activity

with a view to determining its immediate and long term

effect on theenvironmenc,

(c) except where a baseline survey has been carried out under

regulation 31 cause the proponent to carry out a baseline

survey to identify basic environmental parameters in the

project area before implementation;

(t!) determine the parameters and measurable indicators to be

used in monitoring of projects; and

(e) conduct measurement of environmental changes that have

occurred during implementation

(2) The Authority shall, incoRsultation with the lead agencies

monitor ongoingprojectson acontinuousbasis using parameters and

indicators developed under this.regulation 0 ,

(3) The Authority shall, in consultation with the lead agency

upon detection of non-compliance with the conditions of approval of an

environmental impact assessment licence immediately institute

remedial action

41 , (I) Where a lead agency has undertaken monitoring under The 'toringregulation 40, it shall submit a report to the Authority which report repon,shall include the following-

(a) the name and address of proponent;

(b) the name of the proposed project;

(c) date of implementation of the proposed project;

(t!) the date of the last monitoring report, including the report

findings, action taken and its result;

(e) details of the environmental parameters to he monitored;

if) results of the actual monitoring exercise;

(g) new actions to be implemented'including the criteria for the

next evaluation; and

(M a non technical summary of findings, conclusions and

recommendations.

(2) An Inspector may enter upon any land or premises for the

purposes of monitoring the effects of any activities carried on that land

or premises upon the environment.

PART VI-MISCELLANEOUS PROVISIONS

42 (I) Lead agencies shall in consultation with the Authority

subjecl all proposals for public policy plans and programmes for

implementation to astrategic environmental assessment to determine

Strategic

environmental as-se!(Sfnent

APJ>e".aI [0

tribunal.

46 (I) Any person who is aggrieved

by-(a) a refusal to grant a licence or by a refusal to transfer alicence under these Regulations;

(h) the imposition of any condition, limitation or restriction on a

licence;

(c) the revocation suspension or variation of a licence issued

under these Regulations;

(d) the amount of money which the person is required to pay as

fees;

(e) the imposition of any environmental restoration order or environmental improvement order on the project by the

Authority; or(j) the approval or reinstatement by the Authority of an

environmental impact assessment licence may within sixty

days after the date of the decision against which he or she isdissatisfied, appeal to the Tribunal;

(2) A person aggrieved by a decision or order of the Tribunalmay, within thirty days of such a decision or order, appeal against suchdecision or order to the High Court

(3) The fact that approval is given in respect of an environmental

impact assessment shall not be a defence to any civil action or to a criminal prosecution under any enactment.

47 (I) The Authority shall maintain the following

registers-(a) a register of all individual experts or firms of experts duly

authorized to conduct or prepare environmental impact assessment studies and audits;

(b) a register ofalf.environmental impact assessment licences issued underthese Regulations;

(e) a register of environmental impact assessment reports audit study reports, strategic environmental assessment reports and monitoring reports; and

(d) a register of approvals of applications seeking exclusion of proprietary information from public access.

(2) The registers referred to in sub paragraph (I) shall be public

documents maintained at the offices of the Authority for inspection by any person on the payment of the prescribed fees.

48 The Authority may, for the purposes of these Regulations charge the fees specified intheFifth Schedule totheseRegulations.

FIRST SCHEDULEFORM I

THE ENVIRONMENT MANAGEMENT AND COORDINATION

ACTSUBMISSION OF PROJECT REPORT

PART A: DETAILS OF PROPONENT

AI Name of proponent (Person or Firm) • c ••••••••••••

PART B: DETAILS OF THE PROJECT REPORT

B2 Objectives and scope of the project; ,

PARTC: DECLARATION BY THE PROPONENT

I hereby certify that the particulars given aboveare-correctand true tothe best of my knowledge

PART D: DETAILS OF ENVIRONMENTAL IMPACTASSESSMENT EXPERT

PARTE: FOR OFFICIAL USE

Approved/not

NB: I If the Project Report does not contain sufficient informationrequired under the Environmental (Impact Assessment and Audit)Regulations the applicant may be requested to give further informationconcerning the project or be notified ofanydefects in the applicationand maybe required to provide the additional information

2 Any person who fraudulently makes a false statement in a project

report or altersthe projectreport commits an offence.

Important Notes: Please submit the following:

(aI Three copies of this form

(b} 10 copies of the project report

(c) the prescribed fees to:

Director-General.

The National Environment Management Authority

Kapiti Road South C

FORM 2 (r 19)

Application Reference No:

FOR OFFICIAL USE

THE ENVIRONMENT MANAGEMENT AND CD-ORDINATION

ACfSUBMISSION OF ENVIRONMENTALIMPACf ASSESSMENT

STUDY REPORTPART A: DETAILS OF PROPONENT

PARTB:DETAILS OF THE ENVIRONMENTAL IMPACf

ASSESSMENT STUDY REPORT

PARTe: DECLARATION BY THE PROPONENT

I hereby certify that the particulars given above are correct and true to

thebest of my knowledge

PART D: DETAILS OF ENVIRONMETAL IMPACT ASSESSMENTEXPERT

Address •

Part E: OFFICIAL USE

Important Notes: Please submitthefollowing:

(a) Three copies of this form

(b) 10 copies oftheproject study report

(c) the prescribed fees to:

Director-General,

The National Enviroument Management Authoritv

Kapiti Road South C

ENVIRONMENTAL IMPACT ASSESSMENT LICENCE

This is to certify that the Project ReportJEnvironmental Impact

(name of individual/finn) (addressrsubmitted to the NationalEnvironment Management Authority in accordance with theEnvironmental Impact Assessment & Audit Regulations regarding (title of project)

• • • • • • • • • • • ~ • • •- • • - 0 ' '~ • • • '.- - • • • • • • • • • • • • • • • • • • • • • • • • • -

(briefly describe purpose) located at (localityand District) has been reviewed and a licence is hereby issued forimplementation of the project, subject to attached conditions

(Seal)

Director-GeneralTbeNational Environmental Management Authority

Conditions OfLicence:

I This licence is valid for a period of , (timewithin which the project should commence) from the date he,reof

2 The Director-General shall be notified of any transferl

variation/surrender of this licence.

Application Reference No.:

FOR OFFICIAL USE

THE ENVIRONMENTAL MANAGEMENT AND

CO-ORDINAnON ACT

APPLICAnON FOR REGISTRATION AS AN

ENVIRONMENTAL IMPACT ASSESSMENT/AUDIT EXPERT

PART A: DETAILS OP APPLICANT

Al Name of proponent (Individual or Firm)

A4 Business registration No (where applicable) Date

A9 Applicants academic / professional qualifications:

AIOList of professionals and their academic/professional qualificationsand their nalionalilies (where applicable)

A II Experience in Environmental Impact Assessment related

Kenya Subsidiary Legislation, 2003

PARTB: DECLARATION BY APPLICANT

Bt: I hereby certify that the particulars given above are correct andtrue to the best of my knowledge and belief

Signature ofapplicant Full Name in Block letters Position

ApprovedtNot approved • '"

1comments •

Important Notes: Please Submit tbe following

(a) Application Form in duplicate;

(b) curriculum vitae of all applicants; and

(c) the prescribed fee, to:

Director-General,

TheNational Environment Management Authority (NEMA),

Kapiti Road, SouthC,

FORM 5 (r. 14 (4))

Application Reference No:

FOR OFFICIAL USE

THE ENVIRONMENTAL MANAGEMENT AND

CO-ORDINATION ACT

CERTIFICATE OF REGISTRATION AS AN

ENVIRONMENTAL IMPACT ASSESSMENT/AUDIT EXPlj:RT

Environmental Impact Assessment Expert in accordance with theprovisions of the Environment Management and Coordination Act and

is authorized to practice in the capacity of a Lead Expert/Associate

(Seal)

Director-General,TheNational Environmental Management Authority

FoRM6 «.15(1»

FOR OFFICIAL USE

THE ENVIRONMENTAL MANAGEMENT AND

CO-ORDINATION ACT

PARTA: DETAILSOFAPPLICANT

AI Name of proponent (Individual or Finn) • A2 Nationality • , •.• ,., ,