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How to get Environmental Impact Assessment License in Kenya

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How to get Environmental Impact Assessment License in Kenya by Kenyans247(m): Tue Jan 2020 02:54pm
Procedure

Environmental Impact Assessment (EIA) is a critical examination of the effects of a project on the environment. An EIA identifies both negative and positive impacts of any development activity or project, how it affects people, their property and the environment.
EIA also identifies measures to mitigate the negative impacts, while maximizing on the positive ones. EIA is basically a preventive process. It seeks to minimize adverse impacts on the environment and reduces risks.
The National Environment Management Authority (NEMA) is mandated by the Environmental Management and Coordination Act EMCA) no 8 of 1999 to administer the EIA.

Apply In-Person
Contact Individual Experts or Firm of Experts to conduct the Environmental Impact Assessment for your project. You should note that only registered licensed environmental expert by NEMA are the only ones licensed to carry out all EIA/ EA studies by law in Kenya
The project report can take a period of 5 days to complete and costs approximately Ksh.50,000.
Once the EIA project report submit hard copies of it to NEMA with the initial payment of 50% of 0.05% of the Total Project cost.
At this point NEMA dispatches the EIA report to lead agencies for review.
If the EIA project report is approved, the proponent will obtain a notice for gazettement from NEMA.
At this point NEMA shall publish in two successive weeks in the Kenya Gazette and a newspaper circulating in the area or proposed area of the project once a notice which shall state:-
(a) a summary description of the project;
(b) the place where the project is to be carried out;
(c) the place where the environmental impact assessment study, evaluation or review report may be inspected; and
(d) a time limit of not exceeding ninety days for the submission of oral or written comments by any member of the public on the environmental impact assessment study, evaluation or review report.
If there are no objections raised from the gazette notice. NEMA approves the EIA report and the final payment of 50% of 0.05% of the total project cost is made and the EIA license is issued to the proponent .On the other hand the EIA report can be reject with sufficient reasons.
After issuance of the EIA license, NEMA monitors and Audits conditions of approval on a yearly basis.

Required Documents

Copies of the project study report
Payment receipt of requisite fees
Dully filled application form
A plan to ensure the health and safety of the workers and neighbouring community
An action plan for the prevention and management of foreseeable accidents and ways of mitigating the same during the project cycle.
The entire design of the project.
Project budget

Office Locations & Contacts

National Environment Management Authority
Popo Road, South C, off Mombasa Road
P.O.BOX 67839-00200, Nairobi. Kenya
Mobile: 0724 253398, 0735 013046.
Incident line: 0786-101100 or 0741 101 100,
Email: incidence@nema.go.ke
Email: dgnema@nema.go.ke
Website: National Environment Management Authority https://nema.go.ke/

Eligibility

Proponents (Individuals / Firms ) planning to undertake projects which may interfere with the environment in general these include:–
(a) an activity out of character with its surrounding;
(b) any structure of a scale not in keeping with its surrounding;
(c) major changes in land use.
(d) Urban Development
(e) mining
(f) forest related activities
(g) waste disposal

Eligibility to carry out an EIA study
Individual Experts or Firm of Experts registered by NEMA are the only ones to do all EIA/ EA studies.
A register of the EIA experts is available in the Authority’s headquarters, District and Provincial offices and can be accessed upon payment of a fee of Ksh. 200.

Fees

The project proponent pays for the entire EIA process.
EIA Licence fees is 0.05% of the total cost of the project with a minimum of KSh.10,000 with no upper capping.
Note: EIA fees has been scrapped effective from January 2017

Validity

The EIA license is valid for 24 months within which the project must start. If it does not start within the 2 years, validity can extended for a maximum of 4 years at a fee of KES 5000

Documents to Use

Application documents are available at NEMA offices

Processing Time

45 to 90 working days

Related Videos

Kenya - Apply for a Environmental Impact Assessment License

https://youtu.be/9EUY5lgrSkw

Instructions

Contact licensed EIA expert’s to carry out EIA the study report
Submit EIA the study report to NEMA
Obtain terms of reference approval
Obtain notice for gazettement
Submission of notice for gazettement for two weeks with NEMA
Obtain approval if there is no objections after gazzetement
obtain license from NEMA

Required Information

Name of proponent ( Person or Form )
PIN Number
Physical and postal address
Name of contact person
Telephone / Fax
Email address
Title of the project
Objectives and scope of the project
Description of the activities
Location of the proposed project.
Name (individual / Firm) of environmental impact management expert
Certificate of registration number of EIA expert
Address, Telephone, Email address, Fax of EIA expert.

Need for the Document

The goal of an EIA is to ensure that decisions on proposed projects and activities are environmentally sustainable
EIA also identifies measures to mitigate the negative impacts, while maximizing on the positive ones. EIA is basically a preventive process. It seeks to minimize adverse impacts on the environment and reduces risks.
If a proper EIA is carried out, then the safety of the environment can be properly managed at all stages of a project- planning, design, construction, operation, monitoring and evaluation as well as decommissioning.

Information which might help

Any person who commences, proceeds with, executes or conducts any project without approval granted (EIA license) under the Act (EMCA) or regulations issued under the Act commits an offence and on conviction is liable to the penalty prescribed under the Act.

EIA is conducted in order to
Identify impacts of a project on the environment
Predict likely changes on the environment as a result of the development
Evaluate the impacts of the various alternatives on the project
Propose mitigation measures for the significant negative impacts of the project on the environment.
Generate baseline data for monitoring and evaluating impacts, including mitigation measures during the project cycle.
Highlight environment issues with a view to guiding policy makers, planners, stakeholders and government agencies to make environmentally and economically sustainable decisions.

Other uses of the Document/Certificate

A proponent or investor shall not implement a project likely to have a negative environmental impact, or for which an EIA is required by the Environmental Management and Coordination Act or regulations issued under it unless an EIA has been concluded and approved in accordance with the law.
No licensing authority under any law in force in Kenya shall issue a trading, commercial or development permit or license for any project for which an EIA is required or for a project/ activity likely to have a cumulative significant negative environmental impacts unless the applicant produces an EIA licence issued by the Authority.

External Links

Environmental Act (EMCA1999) https://www.nema.go.ke/images/Docs/Guidelines/Environmental%20Act%20(EMCA1999)%20.pdf

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