These Regulations provide details on the conduct of environmental impact assessment and audits that precede construction projects.
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路 These Regulations seek to give further effect to section 58 of the Act and provide details on how an EIA is to be conducted.
路 Regulation 7 provides that any proponent of a low risk and medium risk project (which includes multi-dwelling housing development of not more than 100 housing units) shall submit to NEMA a summary project report of the likely environmental effect of the project.
路 This summary project report specifies: the nature of the project; location of project including proof of land ownership, any environmentally sensitive area to be affected, availability of supportive environmental management infrastructure; and conformity to land use plan or zonation plan; and potential environmental impacts of the project and the mitigation measures to be taken during and after implementation of the project. NEMA is required to undertake screening and assessment of the project report for completeness within 5 days of receipt. (NEMA has since issued Guidance Notes for Summary Project Report).
路 Following screening, NEMA may then recommend that the project proponent prepares and submits a comprehensive project report where it is of the view that the project may have significant adverse environmental impact or exempt it altogether and grant approval to proceed with the project where it is of a contrary view.
路 A project report is usually prepared by an environmental impact assessment expert and submitted by the project proponent in the prescribed form accompanied by the prescribed fees. The fees payable as set in the Fifth Schedule of the Regulations as reviewed/amended by Gazette Notice No. 13211 of 2013 are: (i) Environmental Impact Assessment License fee: 0.1% of the total cost of the project to a minimum of KSh.10, 000 with no upper capping; (ii) Surrender, transfer or variation of environmental impact assessment license-KSh. 5,000; (iii) Processing and monitoring of Strategic Environmental Assessment (SEA) reports- Kshs. 1,000,000. Applications and payments are usually done online through the E-Citizen licensing portal with each application accompanied by a certified Bill of Quantities (BQs) indicating the proposed project cost.
路 Notably, the EIA fee was scrapped in November 2016 to promote the affordable housing agenda by lowering construction costs. However, it has been reinstated effective 1 June 2022, on the back of dwindling revenues for NEMA.[1]
