Resource information
An Act to provide for the establishment of the National Environment Council, the National Environment Management Authority, the National Environment Trust Fund, the Environment Restoration Fund, the National Environment Action Plan Committee, the Standards and Enforcement Review Committee and the National Environment Tribunal, and to regulate various matters relating to the institutions established and various matters relating to protection of the environment including environmental impact assessment, environmental audit and monitoring of the environment.The Act consists of 143 sections divided into 14 Parts: Preliminary (I); General Principles (II); Administration (III); Environmental Planning (IV); Protection and Conservation of the Environment (V); Environmental Impact Assessment (VI); Environmental Audit And Monitoring (VII); Environmental Restoration Orders, Environmental Conservation Orders and Environmental Easements (VIII); Inspection, Analysis And Records (IX); International Treaties, Conventions and Agreements (X); National Environment Tribunal (XII); Environmental Offences (XIII); Regulations (XIV).Section 3 defines general principles of environment protection. The Council shall be responsible for policy formulation and directions for purposes of this Act and set national goals and objectives and determine policies and priorities for the protection of the environment. (sect. 5). The National Environment Management Authority is established as a body corporate under section 7. The object and purpose for which the Authority is established is to exercise general supervision and co-ordination over all matters relating to the environment and to be the principal instrument of Government in the implementation of all policies relating to the environment. Functions of the Authority are set out in section 9. The object of the Trust Fund shall be to facilitate research intended to further the requirements of the environmental management, capacity building, environmental awards, environmental publications, scholarships and grants (sect. 24). The object of the Restoration Fund shall be as supplementary insurance for the mitigation of environmental degradation where the perpetrator is not identifiable or where exceptional circumstances require the Authority to intervene towards the control or mitigation of environmental degradation (sect. 25). The Authority shall create a register of those activities and industrial plants and undertakings which have or are most likely to have significant adverse effects on the environment when operated in a manner that is not in conformity with good environmental practices (sect. 28). The Minister shall by notice in the Gazette, appoint Provincial and District Environment Committees of the Authority in respect of every province and district respectively (sect. 29). The National Environment Action Plan Committee shall, after every five years, prepare a national environment action plan for consideration and adoption by the National Assembly (sects. 37 and 38). The Standards and Enforcement Review Committee shall, in consultation with the relevant lead agencies, advise the Authority on how to establish criteria and procedures for the measurement of water quality and other environmental standards (sect. 71 and Part V). Subject to any other provisions of this Act, the Authority may issue and serve on any person in respect of any matter relating to the management of the environment an order in this Part referred to as an environmental restoration order (sect. 108). (completed by 3 Schedules)
Implemented by: Environmental (Impact Assessment and Audit) Regulations, 2003 (Cap. 387). (2012-12-31)
Implemented by: National Environmental Tribunal Procedure Rules, 2003 (L.N. No. 191 of 2003). (2012-12-31)
Implemented by: Environmental Management and Co-ordination (Fossil Fuel Emission Control) Regulations, 2006 (Cap. 387). (2012-12-31)
Implemented by: Environmental Management and Co-ordination (Conservation of Biological Diversity and Resources, Access to Genetic Resources and Benefit Sharing) Regulations, 2006 (L.N. No. 160 of 2006). (2012-12-31)
Implemented by: Environmental Management (Lake Naivasha Management Plan) Order, 2004 (Cap. 387). (2012-12-31)
Implemented by: Appointment of the Lake Naivasha Management Committee (G.N. No. 7704 of 2004). (2004-09-03)
Implemented by: Environmental Management and Coordination (Noise and Excessive Vibration Pollution) (Control) Regulations, 2009 (L.N. No. 61 of 2009). (2009)
Implemented by: Environmental Management and Co-ordination (Public Complaints Committee) Regulations, 2012 (L.N. No. 112 of 2012). (2012-09-10)
Implemented by: Environmental Management and Co-Ordination (Controlled Substances) Regulations, 2007 (Cap. 387). (2012-12-31)
Implemented by: Environmental (Prevention of Pollution in Coastal Zone and other Segments of the Environment) Regulation, 2003 (Cap. 387). (2012-12-31)
Implemented by: Environmental Management and Co-ordination (Wetlands, River Banks, Lake Shores and Sea Shore Management) Regulation, 2009 (Cap. 387). (2012-12-31)
Implemented by: Environmental Management and Coordination (Waste Management) Regulations, 2006 (Cap. 387). (2012-12-31)
Implemented by: Environmental Management and Coordination (Water Quality) Regulations, 2006 (Cap. 387). (2012-12-31)
Amended by: Environmental Management and Co-ordination (Amendment) Act, 2015 (No. 5 of 2015). (2015-05-27)
