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The Constitution of Kenya provides for the right to a clean and healthy environment, which is which is further emphasized in the Environment Management Act, 1999. The Constitution creates obligations of the State in respect to the Environment as well as the citizen’s duty to cooperate with state organs and other persons to protect and conserve the environment.

EMCA provides for issuance of EIA licenses for proposed sand harvesting as well as the mandate on proponents to submit annual audits of the same. The National Environment Management Authority (NEMA) was tasked to come up with regulations as a practical tool for safeguarding the environment due to massive sand harvesting. The development of the regulations was therefore in response to the provisions of part V section 42 (4) of EMCA 1999, which mandated the Authority to undertake the protection and conservation of the environment among other functions. The regulations provide procedures to streamline the activity countrywide with a view of making it a sustainable industry that supports economic development for enhanced livelihood while safeguarding the environment.

The main objective of the proposed Regulations is to:
• To ensure sustainable utilization of the sand resource and proper management of the
environment.
• To promote sustainable exploitation, utilisation, management and conservation of the
environment.
• Reduce environmental damage and facilitate economic development and socio
economic benefits
This is therefore to require all persons likely to be affected by the proposed Regulations to submit written comments on the proposed Environmental Management (Sand Harvesting) Regulations, 2022

EMCA(Sand Harvesting) Regulations 2022 (DRAFT)

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