THE ENVIRONMENTAL (STRATEGIC ASSESSMENT, INTEGRATED IMPACT ASSESSMENT AND AUDIT) REGULATIONS, 2017
Summary
The Environmental (Strategic Assessment, Integrated Impact Assessment and Audit) Regulations, 2017, establish the legal framework for environmental assessments in Kenya. The regulations detail the requirements for Integrated Environmental Impact Assessments (IEIA) for projects, Strategic Environmental Assessments (SEA) for policies, plans, and programmes, and mandatory environmental audits. It defines the registration and licensing of environmental assessment experts, the role of the National Environment Management Authority (NEMA) in approvals and monitoring, and the procedures for public participation and appeals.
Key insights
- The regulations mandate that no proponent may implement a project likely to have a negative environmental impact, or one requiring an assessment under the Act, without an approved integrated environmental impact assessment.
- Strategic Environmental Assessments (SEA) are required for all Policies, Plans, or Programmes to ensure sustainable development and the consideration of cumulative, indirect, or secondary impacts.
- Environmental assessment experts must be registered with the National Environment Management Authority (NEMA). Lead Experts require specific academic qualifications (Doctorate, Masters, or Bachelors) combined with practical experience ranging from 3 to 8 years and training from an accredited institution.
- The regulations establish a tiered system for environmental audit frequency based on project risk: low-risk projects every 5 years, medium-risk projects every 3 years, and high-risk projects every 12 months.
- Public participation is a mandatory component of the assessment process. For IEIA studies, proponents must hold public meetings in at least three strategic locations and provide notice at least one week prior.
- The National Environment Management Authority (NEMA) is empowered to issue various enforcement actions if a facility fails to comply with its environmental management plan, including improvement notices, restoration orders, closure orders, or legal proceedings.
- The regulations incorporate the 'precautionary principle', stating that a lack of full scientific certainty should not justify postponing cost-effective measures to prevent environmental degradation when there are threats of serious or irreversible damage.
- Project reports and IEIA studies must integrate climate change vulnerability assessments, as well as adaptation and mitigation actions.
- The regulations provide a mechanism for the protection of proprietary information, allowing applicants to exclude certain data from public access based on commercial confidentiality or national security.
Cite the original document
- APA
- Natural Justice (2017). THE ENVIRONMENTAL (STRATEGIC ASSESSMENT, INTEGRATED IMPACT ASSESSMENT AND AUDIT) REGULATIONS, 2017. https://naturaljustice.org/wp-content/uploads/2018/05/Environmental-Management-Coordination-Act.pdf
- Chicago
- Natural Justice. THE ENVIRONMENTAL (STRATEGIC ASSESSMENT, INTEGRATED IMPACT ASSESSMENT AND AUDIT) REGULATIONS, 2017. 2017. https://naturaljustice.org/wp-content/uploads/2018/05/Environmental-Management-Coordination-Act.pdf.
- Wikipedia
- {{cite report |author=Natural Justice |title=THE ENVIRONMENTAL (STRATEGIC ASSESSMENT, INTEGRATED IMPACT ASSESSMENT AND AUDIT) REGULATIONS, 2017 |date=2017 |url=https://naturaljustice.org/wp-content/uploads/2018/05/Environmental-Management-Coordination-Act.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}
- BibTeX
- @techreport{naturaljustice2017environmental, author = {{Natural Justice}}, title = {{THE ENVIRONMENTAL (STRATEGIC ASSESSMENT, INTEGRATED IMPACT ASSESSMENT AND AUDIT) REGULATIONS, 2017}}, institution = {Natural Justice}, year = {2017}, url = {https://naturaljustice.org/wp-content/uploads/2018/05/Environmental-Management-Coordination-Act.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }
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