Environmental Managementand Co Ordination Amendment Act 2015 No 5of 2015 - as Plain Text by MWakili

oCF SPECIAL ISSUE.

.ost$o Kenya Gazette Supplement No.74 (Acts No.

5) .$itl:,,$;n- REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS,2015 NAIROBI,3Td June,20l5 Act- PAGE The Environmental Management and Co-ordination lcAIidi{Ari [0uiri;if 0N rAllf (rpoRi[tc ffiH:CfIVHD ii iUN ;tttl r0 nl+ .l 44 )1:\a11d t.lrriiiCEi, tiE\1Y4, TEL 27'l 323i F,AX: ?V 12894 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI 5l THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION (AMENDMENT) ACT, 2015 No.

5 of 2015 Date of Assent: 27th May, 2015 Date of Commencement: ITth June,20l5 AN ACT of Parliament to amend the Environmental Management and Co-ordination Act,1999 ENACTED by the Parliament of Kenya, as follows- 1.

This Act may be cited as the Environmental Short title.

Management and Co-ordination (Amendment) Act, 2015.

Amendment r2.

(1) The Environmental Management and Co- ordination Act, 1999, in this Act referred to as the of section 2 "principal of No.

8 of Act" is amended in section 2- 1999.

(a) by deleting the definition of "coastal zone" and inserting the following new definition- 'coastal zone" means the geomorphologic area where the land interacts with the sea comprising terrestrial and marine areas made up of biotic and abiotic components or systems coexisting and interacting with each other and with socio-economic activities; (b) by deleting the definition of "District Environment Committee"; (c) by deleting the definition of "District Environment Action Plan"; (d) by deleting the definition of "Provincial Environment Committee"; (e) by deleting the definition of "exclusive economic zone" and inserting the following new definition- "exclusive economic zone" has the meaning assigned to it by the United Nations Convention on the Law of the Sea; (0 by deleting the definition of "local authority"; 52 EnvironmentalManagementandCo-ordination(Amendment) 2015 No.5 (g) by deleting the definition of "natural resources" and inserting the following new definition- "natural resources" has the meaning provided under Article 260 of the Constitution; (h) by deleting the definition of "wetland" and inserting the following new definition- "wetland" means areas of marsh, fen, peatland or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six metres; (i) by inserting, in proper alphabetical sequence, the following new definitions- "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matter relating to environment and natural resources; "continental shelf' has the meaning assigned to it by the United Nations Convention on the Law of the Sea; "County Environment action plan" mean a County Environment action plan prepared under section 40; "County Environment Committee" means a committee established under section 29; "county government" has the meaning assigned to it in section 2 of the County Governments Act; No.

17 of20l2 "environmental organization" means a public benefits organization whose objective is to conserve the environment and natural resources and is duly registered as a community based organization, or a public benefits organization; 53 2015 Environmental Management and Co-ordination (Amendment) No.

5 "indigenous knowledge" means any traditional knowledge of sources, components, capabilities, practices and uses of, and processes of preparation, use and storage of plant and animal species and their genetic resources; Ir "Ministry" means the Ministry for the I time being responsible for matters relating to the environment"; natural resource agreements" means an agreement which involves the grant of a right or concession by or on behalf of any person, including the national government, to another person for the exploitation of any natural resource in Kenya; "person" means a legal person; "strategic environmental assessment" means a formal and systematic process to analyse and address the environmental effects of policies, plans, programmes and other strategic initiatives; "traditional knowledge" means such knowledge as may be socially and culturally acquired within or without the context of conventional education by Kenyans; o'voluntary environmental management" means the principle of encouraging voluntary compliance in conserving the environment and which is a cost-effective and efficient method of attaining compliance with environmental regulations and of encouraging innovative conservation practices; and "wildlife" has the meaning assigned to it in the Wildlife Conservation and No.47 or20r3 Management Act.

(2) The principal Act is amended by deleting the words in the first column and substituting therefor the words in the second column wherever they appear in the Act- 54 Environmental Management and Co-ordination (Amendment ) 2015 No.5 First Column Second Column Minister Cabinet Secretary Chairman Chairperson Complaints Committee Department District County District Environment Committee County Environment Committee High Court Environment and Land Court I Permanent Secretaries Principal Secretaries Non-Governmental organizations Public benefit organizations 3.

Section 3 of the principal Act is amended- Amendment of section 3 (a) in subsection (1), by inserting the words" in No.

8 of 1999.

accordance with the Constitution and relevant laws" immediately after the words "healthy environment" ; (b) by inserting the following new subsection immediately after subsection (2)- "(2A) Every person shall cooperate with state organs to protect and conserve the environment and to ensure the ecological sustainable development and use of natural resources".

(c) in subsection (3), by- (i) deleting the words " If a person alleges that the entitlement conferred under subsection (1) has been, is being or is likely to be contravened in relation to him" and substituting therefor the words "If a person alleges that the right to a clean and healthy environment has been, is being or is likely to be denied, violated, infringed or threatened, in relation to him"; and (ii) inserting the words "may on his behalf or on behalf of a group or class of persons, members of an association or in the public interest" immediately after the words "that person".

55 20ts Environmental Management and Co-ordination (Amendment) 4.

The principal Act is amended by inserting rhe following new section immediately after section (3)- l::::':? - 3A.

(1) Subjecr to the law relaring to access rntormatron to information, every person has the right to access any information that relates to the implementation of this Act that is in the possession of the Authority, lead agencies or any other person.

(2) A person desiring the information referred to in subsection (1) shall apply to the Authority or a lead agency and may be granted access to such information on payment of the prescribed fee.

5.

The principal Act is amended by repealing section Repeal of section 4.

4ofNo.8of 1999.

6.

Section 5 of the principal Act is amended, by- Amendment of section 5 of No.

8 (a) deleting the word "Council" and of 1999.

substituting therefor the words "Cabinet Secretary,,; and (b) inserting the following new paragraph immediately after paragraph (c)- (ca) provide evidence of public participation in the formulation of the policy and the environmental aciion plan.

7.

The principal Act is amended by repealing section Repeal of section 6.

6ofNo.8of 1999.

8.

The principal Act is amended by repealing section Repeal and 8 and replacing it with the following new section- replacement of section 8 of No.

8 of 1999.

Headquarters 8.

The headquarters of the AuthonLy shall be in Nairobi but the Authority sha l ensure its services are accessible in all parts oi the Republic.

9.

Section 9 (2) of the principal Act is amended- Amendment of section 9 of No.8 of 1999.

56 No.

5 Environmental Managentent and Co-ordination (Amendment) 2015 (a) by inserting the following new paragraph immediately after paragraph (b)-* (bb) audit and determine the net worth or value of the natural resources in Kenya and their utilization and conservation; (b) by deleting paragraph (c) and substituting therefor the following new paragraph- "(c) make recommendations to the relevant authorities with respect to land use planning;" (c) by deleting paragraph (e); (d) in paragraph (h), by deleting the words "and coordinate" appearing immediately after the word "undertake", (e) in paragraph (m), by deleting the words "environmental education and public awareness about the need for sound environmental management as well as for enlisting public support and encouraging the effort made by other entities in that regard" and substituting therefor the words "environmental education, public awareness and public participation"; (f) in paragraph (n), by inserting the word "develop" immediately before the word "publish"; (g) in paragraph (o), by deleting the words appearing immediately after the word "protection"; (h) in paragraph (p), by deleting the words " issue an annual" and substituting therefor the words "submit to the Cabinet Secretary every two years, and"; (i) by inserting the following new paragraphs immediately after paragraph (p)- (q) encourage voluntary environmental conservation practices and natural resource conserv4ncies, easements, leases, payments for ecosystem services and other such instruments and in this regard, develop guidelines; 57 Environmental Manag,ement and Co-ordination (Amendment) No.

5 2015 (r) work with other lead agencies to issue guidelines and prescribe measures to achieve and maintain a tree cover of at least ten per cent of the land area of KenYa; and CI) by renumbering paragraph (q) as paragraph (s).

10.

Section l0 of the principal Act is amended- Amendment of section 10 of (a) in subsection (1) (c) bY- No.

8 of 1999.

(i) inserting the words "who shall be the Secretary to the Board" immediately after the word "Director-Genera1" ; (ii) deleting the word "President" and substituting therefor the words "Cabinet SecretarY from amongst three persons selected by the Board through a competitive recruitment process", (1) (d) and (b) by deleting subsection substituting therefor the following new subsection- (1) (d) the Principal Secretary in charge of finance or his rePresentative; (e) (c) by deleting subsection (1) and substituting therefor the following new subsection- (1) (e) six members, not being public officers, apPointed bY the Cabinet Secretary; (1) (0 and (d) by deleting subsection substituting therefor the following new subsection- (1) (f) the AttorneY General or his representative; (e) by inserting the following new subsection immediately after subsection (3)- (3A) Where the office of the Director - General falls vacant, the Board may, pending the appointment of a Director General, appoint a person to act in that 58 EnvironmentalManagementandCo-ordination(Amendment) 2015 No.5 capacity provided that such appointment shall not exceed a period of six months; (0 bV deleting subsection (la) (c).

1L.

Section 12 of the principal Act is amended by- frT::,1*"1!., (a) deleting the word "directly" and substituting ActNo s or therefor the words "direct any" ; (b) by renumbering section 12 as section 12 ( 1); (c) by inserting the following new subsection immediately after subsection (1)- (2) Any person who fails to comply with sub-section (1) commits an offence.

12.

The principal Act is amended by repealing section Hfi:*:l," 14 and replacing it with the following new section- ffi:,f:lff#" Remuneration of 14.

The Director-General and the the Director- Directors of the Authority shall be paid such General and Directors salaries and allowances, as may, from time to time, be determined by the Board on the advice of the Salaries and Remuneration Commission.

13.

Section 23 of the principal Act is amended- Amendment 1 of section 23 of (a) in subsection (2) by deleting the word No.

8 of 1999.

"four" and substituting therefor the word "three" and deleting the words "(Corporations) or to an Auditor appointed under this section."; and (b) (3) 1 by deleting subsection and substituting j therefor the following new subsection- (3) The annual accounts of the Authority shall be prepared, audited and reported upon in accordance with the provisions of Articles 226 and 229 of the Constitution and the Public Financial No.

18 of20l2 Management Act, 2012.

14.

Section 24 of the principal Act is amended- Amendment of section 24 of (a) in subsection (3)- No.

8 of 1999.

59 20t5 Environmental Management and ( Co-ordination Amendment) No.5 (i) by deleting the words "shall be vested in the Authority and, subject to this Act"; (ii) by deleting the words "he deems fit" and substituting therefor the words " the Cabinet Secretary may prescribe, upon the advice of the Salaries and Remuneration Commission" ; (iii) by by inserting inserting the the words words " " and and subjectsubject to chapter Six of the Constitution" immediately after the word "management"; (b) by inserting the following new subsections immediately after subsection (3)- (3A) The Board referred to in subsection (3) shall be known as the Board of Trustees of the Trust Fund and shall be a body corporate having perpetual succession and a common seal and may, in its corporate name, sue and be sued.

(3B) The Trust Fund shall be administered in the manner provided for under a Trust Deed, and for the purposes of this Act, the Trust Deed shall be deemed to constitute the rules and regulations that govern the operations and functions of the Fund.

15.

Section 26 (2) of the principal Act is amended by Amendment of section 26 of inserting the words "upon consultation with the National No.

8 of 1999.

Treasury" immediately after the words "Authority may".

16.

Section 27 (l) of the principal Act is amended by Amendment of section 27 of deleting the word "Council" and substituting therefor the No.

8 of 1999.

words "Cabinet Secretary".

17.

Section 28(2) of the principal Act is amended- Amendment of section 28 of (a) in subsection (2),hy deleting the r,vords- No.

8 of 1999.

(i) "Minister" and substituting therefor the words " Cabinet 60 No.

5 Environmental Management and Co-ordination (Amendment) 2015 Secretary"; and (ii) "Council" and substituting therefor the words "Cabinet Secretary"; (b) in subsection (3), by deleting the words "twenty-four" and substituting therefor the word "six".

18.The principal Act is amended by repealing section Repeal and replacement of 29 and replacing it with the following new section- section 29 of No.

8 of 1999.

County 29.

(l) The Governor shall, by notice Environmental Committee.

in the Gazette, constitute a County Environment Committee of the County.

(2) Every County Environment Committee shall consist of- (a) the member of the county executive committee in charge of environmental matters who shall be the chairperson; (b) an officer of the Authority whose area of jurisdiction falls wholly or partially within the county who shall be the Secretary to the County Environmental Committee; (c) one representative for each of the Ministries responsible for the matters specified in the First Schedule at the county level; (d) two representatives of farmers or pastoralists within the county to be appointed by the Governor; (e) two representatives of the business community operating within the concerned county appointed by the Governor; (f) two representatives of the public benefits organizations engaged in environmental management programmes within the county 6l 2015 Environmental Management and Co-ordination (Amendment) No.

5 appointed by the Governor in consultation with the National Federation of Public Benefit Organizations; and (g) a representative of every regional development authority whose area of jurisdiction falls wholly or partially within the county.

(2) Appointments under this section shall be made in consultation with the relevant county organs that aie representative of the nominees in the county.

(3) The Governor, in making the appointments under this section, shall ensure- (a) equal opportunities for persons with disabilities and other marginalized groups; and (b) that not more than two-thirds of the members are of the same (4) gender.

The members of the County i Environment Committee appointed under paragraphs (c) to (g) of subsection (2) shall I hold office for a period of three years and I shall be eligible for re-appointment for one further term.

II 19.

The principal Act is amended by repealing section :"rr,:::::1,* t 30 and replacing it with the following new section- ;.imjj"i-.

it Functions of the 30.

The County Environment I County Committee shall- i Environment.

Committee.

(a) be responsible for the proper management of the environment within the county for which it is appointed; (b) develop a county strategic environmental action plan every five years; and 62 No.5 Environmental Management and Co-ordination ( Amenclment) 20ts (c) perform such additional functions as are prescribed by this Act or as may, from to time, be assigned by the Governor by notice in the Gazette.

.20.

The principal Act is amended in subsection (l) of Repeal and section 31 - replacement of .,public section 3l of No, (a) !V deleting the words Complaints 8 of I 999.

Committee" wherever they appear and substituting therefor the words- .,National Environmental Complaints Committee,,; and (b) by deleting^ paragraph (d) and substituting therefor the following new paragraph_ "(d) one person who has demonstrated competence in environmental matters, nominated by the Council of County Governors and who shall be secretary to the Complaints Committee".

21.

Section 32 of the principal Act is amended by_ Amendment (a) deleting the ,,Complaints of section 32 of words Committee,, No.8 of 1999.

wherever they appear and iubstituting therefor the words "National Environmental C6mplaints Committee"; (b) inserting rhe following paragraph immediately after paragraph (b)- (bb) undertake public inrerest litigarion on behalf of the citizens in environmental matters.

22.

Section 33 is amended by deleting the lvords Amendment "Complaints Committee" wherever they Lpp*o, ;a of section 33 of substituting therefor the words "National Enviionmental No.

8 of 1999.

Complaints Committee".

T.T\" principal Act is amended by repealing secrion Repeal and 3l and replacing it with the following new sectionl replacenrent of section 37 of No 8 of 1999.

National 37.

(l) The Authority shall, Environment Action within two Plan.

years of'the commencement of this Act ancl National every six years thereafter, formulate the 63 2015 Environmental Management and Co-ordination (Amendment) No.

S 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 to in subsection (1) to the Cabinet Secretary for approval.

(3) Upon the approval of the Plan, the Cabinet Secretary shall submit it to the National Land Commission and the Ministry of Lands.

(a) The Cabinet Secretary shall publish the National Environment Action Plan in the Gazette.

(5) The Authority shall review the National Action Plan every three years.

24.

The principal Act is amended by repealing section Repeal of section 39.

39 of No.

8 of 1999_ 25.

The principal Act is amended by repealing section Repeal and 40 and replacing it with the following new section- replacement of section 40 of No.

8 of 1999.

County environment 40.

(1) Every County Environment action plan.

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 preparing a county environment plan, shall undertake public participation and take into consideration every other county environment action plan already adopted with a view to achieving consistency among such plans.

(3) The respective County Executive Committee members of every county shall submit the county environment action plan referred to in subsection (1) to the Cabinet Secretary for incorporation into the national 64 EnvironmentalManagementandCo-ordinatictn(Amendment) 2015 No.5 environment action plan referred to in section 37.

(4) The Authority shall consider every county environment action plan and either recommend incorporation of such plan into the national environment action plan or specify changes to be incorporated into a respective county environmental plan.

(5) The Cabinet Secretary shall, on the recommendation of the Authority, issue guidelines and prescribe measures for the preparation of environmental action plans.

26.

The principal Act is amended by repealing secrion Repeal and 4l and replacing it with the following new section- replacement of section 4l of No.

8 of 1999 contentsofcountv 41.

Every county environment action environment action plan prepared ptan.

under section 40 shall contain provisions dealing with rnatters contained in section 38 (a) to (i) in relation to rheir respective county.

27.

The principal Act is amended by inserting the Insertion of following new sections immediately after section 41- section 4lA in No.8 of 1999.

Purposeor 4fA.

(1) The purpose of environmental Environmental Action ffi.

""'"-'"'"""action plans is to co-ordinate and harmonise the environmental policies, plans, programmes and decisions of the national and county governments, as the case rnay be, in order to- (i) minimize the duplicaticn of procedures and functions; and promote consistency in the exercise of functions that may affect the environment; and (ii) secure the protection of the environment across the country; and (iii) prevent unreasonable actions by any person, state organ or 65 2015 Environmental Management and Co-ordinatictn (Amendment) No.

5 public entity in respect of the environment that are prejudicial to the economic or health interests of other counties or the country.

Monitoring 418.

(l) The Authority shall monitor compliance with compliance with the national and county Environmental Plans.

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 subsection (1) the Authority is of the opinion that a plan is not substantially being complied with, the Authority shall serve a written notice to the organ concerned, calling on it to take such specified steps as the Authority may consider necessary to remedy non- compliance.

(3) Within thirty days of the receipt of the notice referred to in subsection (2), the organ shall respond to the notice in writing setting out any- (a) objections to the notice, if any; (b) the action that will be taken to ensure compliance with the respective plan; or (c) other information that the organ considers relevant to the notice.

(4) After considering the representations from the organ and any other relevant inforrnation, the Authority shall.

within thirty days of receiving the response ref-erred to in subseclion (3).

issue a final notice-- (a) to contirm.

amend or cancel the notiee rcf*rred to in subsection \2), (b) to specify any action and a time period rvithin which such action shall be taken to rernedy non- conrpliance.

66 No.5 EnvironmentalManagementandCo-ordination(Amendment) 2015 (5) The Authority shall keep a record of all environmental action plans and ensure that such plans are available for inspection by the public.

28.

Section 42 of the principal Act is amended - Amendment of section 42 of No.

(a) in subsection (1)- 8 of 1999.

(i) by deleting the words "Director General" and substituting therefor the word "Authority" and inserting the word "sea" after the word'lake'; (ii) by inserting a new paragraph immediately after paragraph (g) as follows- (h) any other matter prescribed by the Cabinet Secretary on the advice of the Authority.

(b) in subsection (3), by deleting the words "riverbanks" and "lake shores" and substituting therefor the words "river basins" and "lake basins" respectively; (c) by inserting the following new subsection immediately after subsection (4)- "(4A) The Cabinet Secretary may make Regulations prescribing for any interest in or over land in the interests of defence, public safety, public order, public morality, public health, or land use planning".

29.

Section 43 of the principal Act is amended- lffif;:i"J".

(a) by deleting the words "riverbank" and "lake 8 or leee' shores" and substituting therefor the words "river basin" and "lake basin" respectively; (b) by renumbering section 43 as section 43(l) and inserting a new subsection immediately after subsection (1) as follows- (2) The Authority shall, in consultation with the relevant lead agencies and stakeholders, issue guidelines and 67 ( 20ts Environmental Manag,ement and Co-ordination Amendment) No.5 prescribe measures for co-management of critical habitats within or around a lake basin, wetland, forest or coastal zone and such measures shall take into account the interests of the local communities resident therein.

30.

Section 45 of the principal Act is amended in Amendment of subsection (4) by deleting the words "Director-General section 45 of No.

wherever they appear and substituting therefor the word 8 of 1999.

"Authority".

31".

Section 48 of the principal Act is amended- Amendment of section 48 of No.

(a) in subsection (1), by- 8 of I 999.

(i) inserting the words "and the Forests Act" immediately after the No.7 of 2005 expression "subsection (2)" ; (ii) deleting the words "Director- General" and substituting therefor the word "Authority"; (b) by inserting the following new subsections immediately after subsection (2)- (3) Where a forested area is declared to be a protected area under section 54(1), the Cabinet Secretary may cause to be ascertained, any individual, community or government interests in the land and forests and shall provide incentives to promote community conservation.

(4) A person who contravenes any conservation measure prescribed by the Authority, or fails to comply with a lawful conservation directive issued by the Authority or its Environment Committee at the counties commits an offence.

32.

Section 49 of the principal Act is amended by Amendment of inserting the following new subsection immediately after section 49 of No.

(1)- 8 of 1999.

subsection (2) Any measures undertaken under subsection (1) shall comply with existing laws.

33.

Section 50 of the principal Act is amended by Amendment of deleting the words "Authority shall, in consultation with section 50 of No.

8 of 1999.

68 Environmental Management and Co-ordination ( Amendment 2015 No.5 ) the relevant lead agencies" and substituting therefor the words "Cabinet Secretary shall, on the advice of the Authority".

34.

Section 5l of the principal Act is amended by Amendment of deleting the words "The Authority shall, in consultation section 5l of No with the relevant lead agencies" and substituting therefor 8 of 1999.

the words "The Cabinet Secretary shail, on the recommendation of the Authority".

35.

Section 52 of the principal Act is amended by Amendment of deleting the words "The Authnrity shall, in consultation section 52 ofNo.

with the relevant lead agencies" and substituting therefor 8 of 1999.

the words "The Cabinet Secretary shall, on the recommendation of the Authority".

36.

Section 53 of the principal Act is amended- Amendment of section -53 of No.

(a) in subsection (1), by deleting the words 8 of 1999.

"The Authority shall, in consultation with the relevant lead agencies" and substituting therefor the words "The Cabinet Secretary shall, on the recommendation of the Authority": and (b) in subsection (2)- (i) by deleting paragraph (a) and substituting therefor the following new paragraph- "(a) appropriate arrangements for access to biological resources, genetic resources and ecological services of Kenya by non- citizens, including the issue of licences and fees to be paid for that access"; (ii) by inserting the following new paragraphs immediately after paragraph (e)- (f) measures necessary for the recognition, protection and enhancement of indigenous knowledge and associated practices in the 69 Environmental Manag,ement and Co-ordination (Amendment) 2015 No.

5 conservation of the environment and natural resources; (g) measures necessary for the protection of indigenous knowledge of biodiversity and genetic resources of communities; (iii) in paragraph (0, by deleting the word "Authority" and substituting therefor the words "Cabinet Secretary"; and by renumbering paragraph (f) as paragraph (h)." 37.

Section 54 of the principal Act is amended, in Amendmentor (1) by- r------f subsection ;Tfi#"*" (a) inserting the words " and in accordance with the Constitution, the Convention on Biological Diversity and other treaties immediately after the word "agencies"; and (b) inserting the word "forests" immediately after the word "lake".

38.

Section 55 of the principal Act is amended- *ffifg:!'J" (a) in subsection (2), by deleting the words "as 8 or leee' soon as practicable upon the commencement of this Act, the AuthoritY shall, in consultation with the relevant lead agencies, prepare" and substituting therefor the words "The Cabinet Secretary shall conduct"; (b) in subsection (3)- (i) by deleting the word "Authority" and substituting therefor the words "Cabinet Secretary"; (ii) by deleting the word "two" and substituting therefor the word "four' I (c) by inserting the following new subsections immediately after subsection (7)- (8) Where any polluting or hazardous substances are discharged, released or in 70 EnvirorunentalManagementandCo-ordination(Amendment) 2015 No.5 any other way escape into the Coastal Zone, any person responsible for management of the polluting or hazardous substances shall be liable- (a) for any resultant damage; and (b) for the cost of any measures reasonably taken after the release or escape for the purpose of preventing, reversing or minimising any damage caused by such discharge, release or escape; and (c) for any damage caused by any measures so taken.

(9) Where there arises a grave and imminent threat or danger of damage of discharge, release or escape of polluting or hazardous substances into the Coastal Zone, (a) any person responsible for management of the polluting or hazardous substances shall be liable- (a) for the cost of any measures reasonably taken for the purpose of preventing, minimising or controlling any such damage; and (b) for any damage caused by any measures so taken.

39.

Section 56 of the principal Act is amended- *IffH[.J.

(a) in subsection (1), by deleting the words 8orreee' "Authority shall in consultation with the relevant lead agencies," and substituting therefor the words " Cabinet Secretary in consultation with the Authority"; (b) in subsection (2), by deleting the words "Authority shall, in consultation with the relevant lead agencies," and substituting therefor the words " Cabinet Secretary in consultation with the Authority".

40.

The principal Act is amended by inserting a new Insertion or section immediately after section 56- iff:f:iffiil 71 2015 Environmental Management and ( Co-ordination Amendment) No.5 Guidelinesonclimate 56 A.

The Cabinet Secretary shall, in change.

- consultation with relevant lead agencies, issue guidelines and prescribe measures on climate change.

41.The heading to Part VI of the principal Act is Amendment of amended by deleting the words "Environmental Impact heading of Part VI Assessment" and substituting therefor the words ofNo.8 of 1999.

"Integrated Environmental Impact Assessment".

42.

The principal Act is amended by inserting the Insertion of following new section immediately after the heading of section 57A in Part VI- No.

8 of 1999.

Strategic 57A^.

(1) All Policies, Plans and Environmental Programmes for implementation shall be Assessment.

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 level, or which are prepared by an authority for adoption through a legislative procedure by Parliament, Government or if regional, by agreements between the governments or regional authorities, as the case may be; (b) determined by the Authority as likely to have significant effects on the environment.

(3) All entities shall undertake or cause to be undertaken the preparation of strategic environmental assessments at their own expense and shall submit such assessments to the Authority for approval.

(4) The Authority shall, in consultation with lead agencies and relevant 72 Env ironme nkt I Ma na ge nte nt and Co - o rdin at io n ( Am endment ) 2015 No.5 stakeholders, prescribe rules and guidelines in respect of Strategic Environmental Assessments.

43.

Section 58 of the principal Act is amended- Amendment of section 58 of No.

(a) by deleting subsection (2) and substituting 8 of 1999.

therefor the following new subsection- (2) The proponent of any project specified in the Second Schedule shall undertake a full environmental impact assessment study and submit an environmental impact assessment study report to the Authority prior to being issued with any licence by the Authority: Provided that the Authority may direct that the proponent forego the submission of the environmental impact assessment study report in certain cases.

(b) in subsection (6), by deleting the words " in consultation with the Standards Enforcement and Review Committee", (c) by inserting the following new subsection immediately after subsection (6)- (6,{) The Cabinet Secretary in consultation with the Authority shall make regulations and formulate guidelines for the practice of Integrated Environmental Impact Assessments and Environmental Audits.

(68) The Cabinet Secretary shall make regulations for the accreditation of experts on environmental impact assessments.

(d) by inserting the following new subsection immediately after subsection (9)- (10) A person who knowingly submits a report which contains (Amendment) 2015 Environmental Management and Co-ordinatiott No.

5 infbrmation that is false or misleading commits an offence and is liable on conviction, to a term of imprisonment of not more than three years, or to a fine of not more than five million shillings, or to both such fine and imprisonment and in addition, his licence shall be revoked.

44.

Section 59 of the principal Act is amended by- Amendment of section 59 of No (a) deleting the words "for two successive 8 of 1999.

weeks in the Gazette and in a newspaper circulating in the area or proposed area of the project" and substituting therefor the words "in the Gazette, in at least two newspapers circulating in the area or proposed area of the project and over the radio": (b) inserting the following new subsection immediately after subsection (2)- (3) The Authority shall ensure that its website contains a summary of the report referred to in subsection (l).

45.

Section 64 of the principal Act is amended by Amendment of inserting the following new subsection immediately after section 64 of No subsection (2)- 8 of 1999.

(3)Where the Authority has directed that a fresh environmental impact assessment be carried out, or that new information is necessary from the project proponent, any environmental impact assessment licence that has been issued may be cancelled, revoked or suspended by the Authority.

46.

Section 67 of the principal Act is amended- Amendment of section 67 of No.

(a) by deleting subsection ( 1) and 8 of I 999.

substituting therefor the following new subsection- (1) The Authority may, after the issuance of an environmental impact assessment licence - 74 EnvironmentalManagementandCo-ordination(Amendment) 2015 No.5 (a) cancel or revoke such licence; or (b) suspend such licence, for such time, not more than twenty four months, where the licensee contravenes the provisions of the licence.

(b) by inserting the following new subsection immediately after subsection (1)- (1A) Where the Authority cancels, revokes or suspends a licence in accordance with this section, the reasons for such action shall be given to the licensee in writing.

47.

Section 68(1) of the principal Act is amended by Amendment of inserting the words "or its designated agents" immediately section 68 of No.

word "Authority".

8 of 1999.

after the 48.

Section 69 of the principal Act is amended Amendmentor by inserting a new subsection immediaiely after subsection ;":f|!r?"*"' (l) as follows- (1A) Every lead agency shall establish an environmental unit to implement the provisions of this Act.

49.

The principal Act is amended by repealing section Repeal of section 70.

70 of No.8 of 1999.

50.

The principal Act is amended by repealing section Repeal and replacement of 7l and, replacing it with the following new section- section 7l of No.8 of 1999.

Water quality 71.

(l) The Cabinet Secretary shall, on standards.

the recommendation of the Authority - (a) establish criteria and procedures for the measurement of water quality; (b) recommend minimum water quality standards for all the waters of Kenya and for different uses, including- 75 g - ( nt and oor io n Am e ndm ent 2015 Env ir o nmental Mana em eC dinat ) No.5 (i) drinking water; (ii) water for industrial purposes; (iii) water for agricultural purposes; (iv) water for recreational (v) purposes; water for fisheries and wildlife; and (vi) for any other prescribed water use; (c) analyse conditions for the discharge of effluents; (d) issue guidelines or regulations for the preservation of fishing areas, aquatic areas, water sources and reservoirs and other areas, where water may need special protection; (e) recommend measures necessary for the treatment of effluents before being discharged into the sewerage system; and (0 make any other recommendation that may be necessary for the monitoring and control of water pollution.

(2) The Authority shall consult and take into consideration the views of lead agencles before making the recommendations under subsection (1).

51.

Section 74 (l) of the principal Act is amended by Amendment of words "Local Authority" and substituting section 74 of No.

deleting the 8 of 1 999.

therefor the word "entity".

52.

Section 75 (1) of the principal Act is amended by Amendment of words "Local Authority" and substituting section 75 of No.

deleting the 8 of 1999.

therefor the word "entity".

76 No.

5 Ettt'ironmenktr Management ctnd Co-rrcrination (Amencrment) 20rs 5-3.

The principal Act is amended by repealing section Repear and 78 and replacing it r,vith the following new secrion_ :::lffiH:!",i" 8 of I 999.

Airqualitvstandards 7g.

The Cabinet Secretary shall, on the recommendation of the Authority_ (a) establish criteria and procedures for the measurement of air quality; (b) ser- (i) ambient air quality standards; (ii) occupational air quality standards, emission standards for various SOUTCCS; (iii) criteria and guidelines for air pollution control fcrr both mobile and stationary sources; and (irz) any other air quality sfandards; (c) determine measures necessary to reduce existing sources of air pollution by requiring the redesign of plants or the installation of new technology or both, to meet the requirements of stanclards established under this section; (d) issue guidelines to minimize emissions of greenhouse gases and identify suitable technologies to minimize air pollution; and (e) tlo all such things as appear ncce;Sal.) tbr the monitoring and controlling of aii pollution.

(2) The Authc;ritv shall consult ancl take into consicleraticiii tlie i,iervs of leacl l1 2015 Environmental Managentetrt and Co-ordinatiort (Antendment) No.5 agencles before making the recommendations under subsection ( 1).

54.

Section 19 of the principal Act is amended by Amendment of inserting the words "Subject to the Constitution and any section 79 of No.

other relevant laws" immediately before the words "The 8 of 1999.

Minister".

55.

Section 86 of the principal Act is amended by Amendment of deleting the words "The Standards and Enforcement section 86 of No.

Review shall, in consultation with the relevant 8 of 1999.

Committee lead agencies, recommend to the Authority measures necessary to" and substituting therefor the following words "The Cabinet Secretary shall, on the recommendation of the Authority".

56.

Section 91 of the principal Act is amended- Amendment of section 9l of No.

(a) in subsection (l), by deleting the words 8 of 1999.

"Standards and Enforcement Review Committee shall, in consultation with the relevant lead agencies, recommend to the Authority" and substituting therefor the words "Cabinet Secretary shall, on the recommendation of the Authority determine", and (b) in subsection (2), by deleting the words "Authority shall, on the recommendation of the Standards and Enfbrcement Review Committee" and substituting therefbr the words "Cabinet Secretary shall, on the recommendation of the Authority".

57.

The principal Act is amendect by repealing section Amendment of 94 and replacing it with the following new section- section 94 of No.

8 of I 999.

Stanclards or 94.

The Cabinet Secretary shall, on the nestie rrlcs ancl tox ic il;;;;,"- "^ - recommendation of the Authority- (a) deterrnine standards for the colrce ntration of pesticide rcsitJrres irr riiw agricultural conrmridities.

F-or the purrposes of this paragraph, ralv agricuitural conrnrodities- 78 EnvironmentalManagementandCo-ordination(Amendment) 2015 No.5 (i) include fresh or frozen fruit and vegetables in their raw state, grains, nuts, eggs, raw milk, meat and other agricultural (ii) produce; do not include any agricultural produce or good which is processed, fabricated or manufactured by cooking, dehydrating, milling, or by any other similar means; (b) establish standards to regulate the importation, exportation, manufacture, storage, distribution, sale.

use, packaging, transportation, disposal and advertisement of pesticides and toxic substances in consultation with the relevant organizations; (c) establish procedures for the registration of pesticides and toxic substances; (d) determine measures to ensure proper labelling and packaging of pesticides and toxic substances; (e) determine measures for monitoring the effects of pesticides and toxic substances on the environment; (f) determine measures for the establishment and maintenance of laboratories to operate as standards laboratorieq for pesticides and toxic substances; and (g) determine measures for the establishment of enforcement procedures and regulations for the storage, packaging and transportation of pesticides and toxic substances.

19 2015 Environmento I Management and Co-orCinutiott ( Amendment) No.5 58.

The principal Act is amended by repealing secrion Amendment of 101 and replacing it with the following new section- section l0lof No 8 of I 999.

Standardsfornoise.

101.

The Cabinet Secretary shall, on the recommendation of the Authority- (a) recommend minimum standards for emissions of noise and vibration pollution into the environment as are necessary to preserve and maintain public health and the environment; (b) determine criteria and procedures for the measurement of noise and vibration pollution into the environment; (c) determine criteria and procedures for the measurement of sub-sonic vibrations; (d) determine standards for the emission of sub-sonic vibrations which are likely to have a significant impact on the environntent: (e) issue guidelines tbr rhe minimization of sub-sonic vibrations.

referred to in paragrapli (d) from existing and future sources: (f) determine noise level and noise emission standards applicable to construction sites, plants, machinery, motor vehicles, aircral't including sonic bonus, industrial and commercial activities: (g) deternline irleasures necessary to ensllre the abaternent and control of :irii;c lrom sources referred to itl Pri11'xg1'xph (f); :ind (h) issue guidelines for the abatement of unreasonable noise and vibration poliution emitted 80 ( Environmental Management and Co-ordination Amendment) 2015 No.5 into the environment from any source.

59.

The principal Act is amended by inserting the Insertion of following new section immediately after section 103- section 104 in No.

8 of 1999.

Radiation 104.

(1) Subject to the provisions of the Standards.

Radiation Protection Act, the Cabinet Cap.243.

Secretary, on the recommendation of the Authority, shall- (a) establish the standards for the setting of acceptable levels of ionizing and other radiation in the environment; and (b) establish criteria and procedures for the measurement of ionizing and other radiation.

(2) The Authority shall- (a) inspect and examine any area, place or premises or any vehicle, vessel, boat or any carrier of any description in or upon which the Authority has reasonable cause to believe that radioactive material or any source of ionizing radiation is stored, used, transported or disposed of; (b) examine any person with respect to matters under this Act, where there is reasonable cause to believe that that person is contaminated with radioactive material, or is in unlawful possession of an ionizing radiation source; (c) in collaboration with the Radiation Protection Board, conduct an ionizing radiation 8l (Amendment) 2015 Environmental Management and Co-ordination No.

5 monitoring programme and advise on ionizing and radiation control and protection measures; (d) maintain records of release of radioactive contaminants into the environment; (e) keep records of baseline data on radiation in the environment; (0 maintain a register of all radioactive substances imported into Kenya; and (g) do all such things as may be necessary for the monitoring and control of pollution from radiation.

60.

Section ll2 of the principal Act is amended- Amendment of section I l2 of No.

(a) in subsection (1), by inserting the words 8 of 1999.

"and the Land Act, 2012" immediately No.

6 of 201 2 after the word " Act"; (b) bV inserting the following new subsection immediately after subsection (5) - (5A) The principle of voluntary environment management shall be used to encourage land owners to grant an easement on their land and to encourage environmental conservation as a competitive land use option.

61.

Section Il7 of the principal Act is amended- Amendment of section 1 l7 of No.

(a) in subsection 3(g), by inserting the words 8 of 1999.

"or his designate" after the words "Director-General"; (b) in subsection 3(i), by deleting the words "three months" and substituting therefor the words "fourteen days"; (c) by inserting the following new subsection immediately after subsection (4)- H 82 No.5 Environmental Management and Co-ordination (Amendment) 2015 (5) In effecting arrest, the Authority may request the Inspector- General for such number of officers as it may require.

62.

Section I 18 of the principal Act is amended by- Amendment of section I 18 of No.

(a) deleting the words 'Attorney-General' 8 of 1999.

wherever they occur and substituting therefor the words "Director of Public Prosecutions"; (b) inserting the words "section 29 of the Office of the Director of Public Prosecutions Act" No.

2 of2013.

immediately after the word "Constitution".

63.

Section 119 (3) of the principal Act is amended by tT,"#Til:?i,.

deleting the words "on the advice of the Standards 8 of leee.

Enforcement Review Committee".

64.

Section 124 of the principal Act is amended, by- Amendment of section 124 of No.

(a) deleting the words " direction and control of 8 of 1999.

the Council, in consultation with relevant lead agencies" and substituting therefor the words "Treaty Making and Ratification Act"; No.45 of20l2 (b) deleting subsection (2).

65.

The principal Act is amended, by inserting the llii*lll#o," following new section immediately after section 124- No.8 or leee.

Transrctions 124L.

(1) The Cabinet Secretary shall, requiring within six months from the commencement Parliamentary ratification.

date of this Act, in consultation with the Authority and lead agencies, develop legislation requiring certain transactions involving environmental resources to be submitted to Parliament for ratification.

(2) The acreage, quantity, quality, value.

location and dimensions of natural resources whose agreements require Pariianii'ntary approval shall be specified in an Act of Parliament.

I3) Any transaction requiring ratifil" ,iion by Parliament as required in this Section shali include the grant of a right or concession by or on behalf of any person, including a local comrnunity, a county or the national government.

to another person- 83 2015 Env ir onme ntal Mana g ement and Co - or dinat io ( n Am e ndme nt ) No.5 (a) for the exploitation of wildlife resources and habitats; resources of gazetted forests, water resources, resources on community land and biodiversity resources; and (b) in the case of a foreign national or company, land owned by such person of more than three hectares.

(4) The Cabinet Secretary may, by notice in the Gazette, specify addiiional environmental resources whose transactions require ratification by parliament.

(5) Any agreements concluded before the promulgation of the Constitution and the coming into force of this Act may be reviewed within a period of two years.

66.

Section 125 of the principal Act is amended- Amendment of (a) section 125 of No in subsection (1), by deleting paragraph (d) 8 of 1999.

and substituting therefor the following new paragraph- "(d) three persons with demonstrated competence in environmental matters, including but not limited to land, energy, mining, water, forestry, wildlife anO maritime affairs." (b) by inserting the following new subsections immediately after subsection (4)- (5) The members of the Tribunal shall, in their first meeting, elect from amongst themselves the Vice- Chairperson to the Tribunal.

(6) The Chairperson and Vice- Chairperson shall be of opposite gender.

(7) In the absence of the Chairperson, the Vice Chairperson shall serve as the acting Chairperson for the 84 Environmental ManagementandCo-ordination(Amendment) 2015 No.5 duration of the absence of the Chairperson and the acting Chairperson shall perform such functions and exercise such powers as if that person were the Chairperson.

(8) In the absence of both the Chairperson and the Vice Chairperson, the members of the Tribunal present may nominate, from among themselves, a person to act as the Chairperson, which person shall have the training and qualifications in the field of law and such person, while acting as the Chairperson, shall perform such functions and exercise such powers as if that person were the Chairperson.

(9) The Chairperson may designate the Vice Chairperson and two other members to constitute a separate sitting of the Tribunal." 67.

Section 126 of the principal Act is amended by Amendmentor inserting the following new subseciion immediately after ;":|||#u**" subsection (5)- (6) Any person who is a party to the proceedings before the Tribunal may appear in person or be represented by an Advocate." 68.

Section 128 of the principal Act is amended by Amendment of deleting subsection (1) and substituting therefor the section 128 ofNo.

following new subsection- 8 of 1 999.

(1) Subject to section 725, the quorum for hearing or determining any cause or matter before the Tribunal under this Act shall be three members.

69.

Section 129 of the principal Act is amended *ffifffi:?',o" (a) in subsection (1), by deleting paragraph (a) 8orreee.

and substituting therefor the following new paragraph- 85 2015 Environmental Management ctnd Co-ordination (Amendment) NO.

5 (a) the grant of a licence or permit or a refusal to grant a licence or permit, or the transfer of a licence or permit, under this Act or regulations made thereunder.

(b) in subsection (2), by inserting the words "or its agents" immediately after the words "committees of the Authority".

(c) in subsection (3) (c), by inserting the words "orders to enhance the principles of sustainable development and" immediately after the word "including".

70.

Section 134 of the principal Act is amended- :ffifffi:?i_.

(a) by inserting the words "on the 8 or leee' recommendation of the Salaries and Remuneration Commission" immediately after the words "Minister"; (b) by renumbering the existing provision as subsection (1) and inserting a new subsection as follows- (2) The remuneration and allowances referred to in subsection (1) and any other expenses incurred by the Tribunal in the execution of its functions under this Act shall be paid out of monies voted by Parliament for that purpose.

71.

The Principal Act is amended by inserting the Insertion of following new section immediately after section 134- section I 34A in No.

8 of 1999.

Staff of theTribunal.

134A.

"There shall be such other staff of the Tribunal as may be necessary for the performance of its functions".

72.

Section 137 of the principal Act is amended by Amendment of deleting the words "not more than twenty-four months, or section I 37 of No.

to a fine of not more than five hundred thousand shillings 8 of 1999.

or to both such fine and imprisonment" and substituting therefor the words "of not less than one year but not more than four years, or to a fine of not less than two million shillings but not more than four million shillings, or to both such fine and imprisonment." 86 EnvironmentalMonagementandCo-ordination(Amendment) 2015 No.5 73.

Section 139 of the principal Act is amended Amendmentor by deleting the words "of not more than five hundred ;T'il#'"*" thousand shillings, or to imprisonnient for a term of not more than twenty-four months, or to both such fine and imprisonment" and substituting therefor the words "of not less than one year but not more than four years, or to a fine of not less than two million shillings but not more than four million shillings, or to both such fine and imprisonment." 74.

Section 140 of the principal Act is amended by Amendmentor deleting the words "not more than five hundred thousand ;':i'!i#"^" shillings, or to imprisonment for a term of not more than twenty-four months, or to both such fine and imprisonment" and substituting therefor the words "of not less than one year but not more than four years or to a fine of not less than two million shillings but not more than four million shillings, or to both such fine and imprisonment." 75.

Section 142 of the principal Act is amended by Amendment or deleting the words "not more than five hundred thousand ;Ti:;#'"'*" shillings" and substituting therefor the words "not less than two million shillings but not more than than five million shillings".

76.

Section 143 of the principal Act is amended- Amendment of section 143 of No (a) in the marginal note, by inserting the words 8 of 1999.

"orders of the Tribunal" immediately after the word "orders"; (b) by renumbering section 143 as section 143 ( 1), (c) by inserting a new paragraph immediately after paragraph (c) as follows- "(d) fails, neglects or refuses to comply with any order made by the Tribunal,"; (d) by deleting the words "not more than twelve months, or to a fine of not more than five hundred thousand shillings, or both" and substituting therefor the words "of not less than one year and not more than four years or to a fine of not less than two million shillings and not more than four million shillings or to both such fine and imprisonment."; 81 2015 Environmental Management and Co-ordination (Amendment) No.

5 (e) by renumbering the existing provision as subsection (1) and inserting the following new subsection- (2) Failure by a lead agency to comply with a directive of the Authority issued under section 12 of this Act shall constitute an offence.

77.

Section 144 of the principal Act is amended- Amendmentor (a) by deleting the words "who commits an l44orNo'8or oif"n.e agiinst" and substituting therefor the leee' word "contravenes"; and (b) by deleting the words oomore than eighteen months, or to a fine of not more than three hundred and fifty thousand shillings" and substituting therefor the words "of not less than one year but not more than four years, or to a fine of not less than two million shillings but not more than four million shillings, or to both such fine and imprisonment." 78.

The principal Act is amended by inserting a new Insertion of section l47A in section immediately after section 147 - No.

8 of 1999.

countv regislation' 147 A.

A County may make legislation in respect of all such matters as are necessary or desirable that are required or permitted under the Constitution and this Act.

79.

The principal Acr is amended by repealing section ffifi::fi:l," 148 and replacing it with the following section- iff:f:li;frl Effect of existing 148.

Any written law by the national laws.

and county governments relating to the management of the environment in force immediately before the commencement of this Act shall have effect, subject to such modifications as may be necessary to give effect to this Act, and where the provisions of such law are in conflict with any H 88 No.

5 Environmental Management and Co-ordination (Amendment) 2015 provisions of this Act, the provisions of this Act shall prevail.

80.

The principal Act is amended by repealing the Repeal and Second Schedule and substituting therefor the following fi:H:il?t* t new Schedule- *1"r1!':"" 89 2015 Environmental Management and Co-ordination (Amendment) No.

5 SECOND SCHEDULE (s 58) Projects requiring submission of an Environmental Impact Assessment Study report l.

Changes in land use including (a) Major changes in land use.

(b) Large scale resettlement schemes.

a Urban Development including (a) Designation of new townships.

(b) Establishment of industrial estates.

(c) Establishment of new housing developments exceeding 30 housing units.

(d) Establishment or expansion of recreational areas in National Parks, National reserves, Forest and nature reserves and any areas designated as environmentally sensitive.

(e) Shopping centres and complexes.

3.

Transportation (a) All paved roads.

(b) Construction of new roads in environmentally sensitive areas.

(c) Railway lines.

(d) Airports and airfields.

(e) Oil and gas pipeline.

(f) Water transport.

(g) Construction of tunnels.

4.

Dams, rivers and water resources including- (a) Any project located within a distance prescribed by a written law from a wetland, ocean, sea, lake, river, dam, stream, spring or any other water body.

(b) Storage dams, barrages and piers.

(c) River diversions and water transfer between catchments.

(d) Large scale flood control schemes.

(e) Drilling for the purpose of utilizing ground water resources including geothermal energy.

E--=! 90 No.

5 Environmental Management and Co-ordination (Amendment) 2015 5.

Aerial spraying 6.

Mining including quarrying and open cast extraction of- (a) Precious metals.

(b) Gemstones.

(c) Metalliferous ores.

(d) Coal.

(e) Phosphates.

(O Limestone and dolomite.

(g) Large scale commercial stone and slate.

(h) Commercial large scale harvesting of aggregate, sand, gravel, soil and clay.

(i) Exploration for the production of petroleum in any form.

0) Extracting alluvial gold with use of mercury.

(k) Geothermal energy exploration and production.

7.

Forestry related activities (a) Timber harvesting.

(b) Clearance of forest areas.

(c) Reforestation/afforestation with alien species.

(d) Introduction of alien species.

(e) Excisions of gazetted forest for whatever purposes.

(0 Any projects located within forest reserves such as construction of dams or other control structures that flood large areas ofrelatively un degraded areas.

8.

Agriculture including (a) Large scale agriculture.

(b) Introduction of new pesticides.

(c) Pest control programs (large scale).

(d) Widespread introduction of new crops and animals.

(e) Widespread introduction of fertilizers.

(0 Irrigated agriculture exceeding 50 ha.

9t 201s Environmental Management and Co-ordination (Amendment) No.

5 (g) Major developments in biotechnology including the introduction and testing of genetically modified organisms.

9.

Processing and Manufacturing Industries including- (a) Mineral processing, reduction of ores and minerals.

(b) Smelting and refining of ores and minerals.

(c) Foundries.

(d) Large scale brick and earth ware manufacture.

(e) Cement works and lime processing.

(0 Glass works.

(g) Explosive plants.

(h) Fertilizer manufacture or processing.

(i) Oil refineries and petrochemical works.

() Large scale tanning and dressing of hides and skins.

(k) Large scale abattoirs (more than 15 animals/day) and meat processing plants.

(l) Large scale brewing and malting.

(m) Bulk grain processing and storage (n) Large scale fish processing plants.

(o) Pulp and paper mills.

(p) Large scale food processing plants.

(q) Plants for manufacture of assembly of motor vehicles.

(r) Plants for the construction and repair of aircrafts or railway equipment.

(s) Plants for the manufacture of tanks, reservoirs and sheet metals containers.

(0 Plants for the manufacture of coal brickets.

(u) Plants for the manufacturing of batteries.

(v) Chemical works and processing plants.

(w) Plants for the manufacture or assembly of motor vehicles.

10.

Electricalinfrastructureincluding- (a) Electricity generation stations.

- 92 EnvironmentalManagementandCo-ordination(Amendment) 2015 No.5 (b) Electrical transmission lines above 66 KVA.

(c) Electrical sub stations.

(d) Pumped storage schemes.

11.

Management of hydrocarbons Bulk storage of natural gas, petroleum and any combustible and explosive fuels.

12.

Waste disposal including- (a) Sites for solid waste disposal.

(b) Sites for toxic, hazardous and dangerous wastes.

(c) Waste water treatment plants.

(d) Sewage treatment plants.

(e) Works involving major atmospheric emissions.

(0 Installations for disposal of industrial wastes.

(g) Works emitting offensive odours.

13.

Natural conservation areas- (a) Establishment of Protected areas, buffer zones, and wilderness Areas.

(b) Commercial exploitation of natural fauna and flora.

(c) Introduction of alien species of flora and fauna into ecosystems.

(d) Actions likely to affect endangered species of flora and fauna.

(e) Wetlands reclamation and or any projects likely to affect wetlands.

(0 Projects located in indigenous forests including those outside of gazetted forests.

i (g) Projects that affect any areas designated as environmentally sensitive areas.

I 14.

Nuclear reactors and nuclear plants 15.

Marine areas (a) Mineral exploitation of resources in the marine areas.

(b) Reclamation of marine areas.

.