The National Environment Management Authority (NEMA), is established under the Environmental Management and Co-ordination Act No. 8 of 1999 (EMCA) to exercise general supervision and coordination over all matters relating to the environment and to be the principal instrument of the Government of Kenya in the implementation of all policies relating to the environment. The Authority uses Environmental Impact Assessment (EIA) as a tool for ensuring sustainable development for the future by mainstreaming environmental and social safeguards in all projects, plans and programs.
A register of the SPRs processed within Nairobi County is available DOWNLOAD (AS AT SEPTEMBER 2020)
(B) Environmental Impact Assessment for Low and Medium Risk Projects
Pursuant to Section 147 of the Environmental Management and Coordination Act, 1999, the Cabinet Secretary, Ministry of Environment and Forestry amended the Environmental (Impact Assessment and Audit) regulations, 2003 by deleting regulation 7 and replacing it with a new regulation 7, vide legal notice of 2019.
The new regulation 7 provides for preparation and submission of Summary Project reports for low or medium risk projects (as classified under legal notice 31 of April 2019 HERE).
(1) Summary Project Reports (SPR)
Notwithstanding any approval, permit or licence granted under this Act or any other law in force in Kenya, any person, being a proponent of a low or Medium risk project, shall, before financing, commencing, proceeding with, carried out, executing or conducting or causing to be financed, commenced, proceeded with, carried out, executed or conducted by another person any undertaking shall through an Environmental Impact Assessment Expert prepare and submit to the Authority a Summary Project Report (SPR) of the likely environmental impacts of the project for approval.
- Contents of an SPR:
A Summary Project Report shall outline the following:
- The nature of the project supported by design and plan drawn to scale and signed by an engineer;
- The location of the 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;
- Potential environmental and social impacts of all the project cycle phases: Planning, Construction, operation and decommissioning.
- Mitigation measures for all potential environmental and social impacts.
- Environmental Management Plan for the entire project lifecycle.
- Evidence of comprehensive public consultation including duly signed minutes of consultation meetings with project affected persons and key stakeholders, attendance lists and filled questionnaires.
- Submission and processing of a SPR
All Summary Project Reports for low and medium risk projects shall be submitted to NEMA county office where the proposed project site is located for processing.
- Submission: the EIA expert, on behalf of the proponent, shall submit the following documents to the Authority:
- Three Copies of duly filled and signed project report submission FORM
- Three Copies of the Summary Project Report (SPR) (A copy for the file, the proponent and the expert)
- Copy of the National Identification card/ Certificate of incorporation and KRA PIN of the proponent
- Copy of a valid Practicing License for the Lead Expert
- Receiving: The County Director of Environment (CDE) shall acknowledge receipt of the SPR by issuing an SPR application reference number and an acknowledgement letter.
- Approval: The SPR shall, WITHIN FIVE DAYS, screened and assessed for completeness and the following Records of Decision (RoD) of the Authority made and communicated in writing to the Proponent:
- (i) Where it is established that the proposed project may have significant adverse environmental impacts, a RoD of the Authority shall be made for the proponent prepare and submit a Comprehensive Project Report (CPR) as provided for in Regulation 7 (4) of The Environmental (Impact Assessment and Audit) (Amendment) Regulations, 2019
- (ii) Where it shall be established that the proposed project is not likely to have any significant adverse environmental impacts, a RoD of the Authority shall be made exempting the proponent from submitting a comprehensive project report and an approval with conditions to proceed with the project issued.
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EIA LICENSING FOR LOW-RISK PROJECTS MADE SIMPLE AND FASTER
On 30th April 2019 the Environmental (Impact Assessment and Audit) Regulations, 2003 were amended through Legal Notice 31 & 32, to introduce a simplified Environmental Impact Assessment (EIA), the Summary Project Report (SPR) for low risk projects.
Accordingly, this process was rolled out and continues to be applicable in 2020 to enable Ease of Doing Business in the Country.
The Authority has reduced the time taken to review and issue its Record of Decision on Summary Project Reports from 30 days to five (5) days.