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Project for Reviewing GDC’s Geothermal Development Strategy in Kenya Final Report IV SUPPLEMENTARY INVESTIGATION ON ENVIRONMENTAL AND SOCIAL CONSIDERATION The JICA team performed an Environmental Impact Assessment (EIA), having the same level of Initial Environmental Examination (IEE), based on existing information, data and site surveys. This EIA included literature review on environmental and social consideration, and site survey and interview of local communities regarding the direct use of geothermal resources. Existing document review was performed during Phase I and site survey and other activities were performed during Phase II and later. The objective of this investigation was collecting and summarizing basic information in order to develop a detailed investigation plan for environmental and social consideration which will be needed during the implementation period of the GDC master plan as a loan assistance project. IV-1 Literature Review on Environmental and Social Assessment IV-1.1 National policies and laws related to environmental and social assessment EIA related Kenyan policy and domestic plan The key legal instruments which provide the framework for environmental protection and management in Kenya include: i. Constitution of Kenya ii. Kenya Vision 2030, Session Paper No. 6 of 1999 on Environment and Development iii. Environmental Management and Coordination Act (EMCA) of 1999; Amended in 2015 Relevant laws and agencies on environmental and social assessment The EMCA is the law for environmental conservation and regulation in Kenya. It stipulates the environmental impact assessment (EIA) procedure and implementation in the country. EMCA’s main objective is to provide a legal framework that would incorporate environmental considerations in the pursuit of economic and social development. In order to achieve this objective, the National Environment Management Authority (NEMA) was established. According to EMCA Section 174, the Minister in charge of environmental matters should coordinate with relevant agencies and implement regulations to achieve EMCA conditions. EMCA amendment The amended Environmental Management and Coordination Act (EMCA) was enacted in June 2015. Key points in the amended Act include the following: Voluntary environmental action by county and local community is encouraged and governance of protected area such as community conservancy is recommended. (including easements, leases, payments for ecosystem services and other such instruments) (Section 9) Cabinet Secretary, in consultation with NEMA, shall make regulations and formulate guidelines for the practice of Integrated Environmental Impact Assessment (IEIA). (Section 58) Penalty for perjury (falsification/misleading information) and other violation of the Environmental Impact Assessment process has been established. (Section 58) Transmission line that is lower than 66 KVA, will not be required to conduct an Environmental Impact Assessment.(Second Schedule of the Act) Regulation and enforcement are led by Nation and States heretofore but County will govern instead of Nation and States. JICA 230 WJEC-MMTEC Project for Reviewing GDC’s Geothermal Development Strategy in Kenya Final Report County shall establish environmental standard value for their own county based on the minimum standard that is recommended by National government. Laws and regulations on environmental and social considerations Kenya has several laws and regulations to address various environmental and social issues. Relevant laws and regulations, international treaties ratified by the government, and the responsible authorities related to environmental and social concerns are summarized in Table IV-1.1 to Table IV-1.5 below, arranged according to the items in the checklist of JICA’s Guideline for Environmental and Social Considerations (column 1). It can be observed that Kenya does not have an existing law or regulation related to soil contamination, land subsidence, landscape, and climate change. Moreover, the country’s participation in international treaties seems limited. As shown in Table IV-1.1 to Table IV-1.5, the National Environmental Management Authority (NEMA) and the Ministry of Environment and Natural Resources are mainly responsible for implementing environmental laws and regulations. On the other hand, different ministries (e.g. Ministry of Culture, Ministry of Land, Housing and Urban Development, Ministry of Transport and Ministry of Health) are in charge of different social aspects. It is worth noting that local governments play an important role in implementing national policies at the local level. Table IV-1.1 Environmental and Social Laws, Regulations and Relevant Agencies (1) International Relevant Items Kenya’s Laws and Regulations Treaties Agencies ・ Environmental Management and Coordination Act, 1999 Air Quality ・The Environmental Management and Coordination (Air NEMA Quality) Regulations, 2008 (Draft) ・Environmental Management and Coordination Act, 1999 Ministry of ・Water Resources Management Rules, 2006 Environment and Water Quality ・The Environmental Management and Coordination (Water Natural Quality) Regulations, 2006 Resources, ・Water Quality Regulations, 2006 NEMA ・Water Act, 2002 Water ・Water Resources Management Rules, 2006 Ministry of Water Resources ・Lakes and Rivers Act ・Penal Code Cap 63 Offensive ・Penal Code Cap 63 Odor ・Environmental Management and Coordination (Noise and Noise Excessive Vibration), 2009 ・Penal Code Cap 63 NEMA, ・Environmental Management and Coordination (Noise and Vibration Local Authority Excessive Vibration), 2009 Government Soil Pollution None JICA 231 WJEC-MMTEC Project for Reviewing GDC’s Geothermal Development Strategy in Kenya Final Report Table IV-1.2 Environmental and Social Laws, Regulations and Relevant Agencies (2) Items Kenya’s Laws and Regulations International Treaties Relevant Agencies Land Subsidence None ・National Museums and ・UNESCO Convention for the Cultural & Historical Heritage Act, 2009 Protection of the World Cultural Ministry of Culture Sites ・The Antiquities and and Natural Heritage Monuments Act, 1983 Cap 215 Landscape ・The Ramsar Convention on Wetland of International Ministry of Importance Especially as Protected areas, ・Wildlife Conservation and Environment and Waterfowl Habitat National parks Management Act, 2013 Natural Resources, ・UNESCO Convention for the KWS Protection of the World Cultural and Natural Heritage ・Forest Conservation and Protected forests KFS Management Bill, 2014 ・The Convention on the Conservation of Migratory Ministry of Protected species; ・Wildlife Conservation and Species of Wild Animals Environment and Important species in Management Act, 2013 ・Convention International Trade Natural Resources, the region in Endangered Species of Wild KWS Fauna and Flora ・Environmental Management and Coordination (Wetlands, Ministry of River Banks, Lake Shores and Environment and ・Convention on Biological Ecosystem Sea Shore Management) Natural Resources , Diversity Regulation, 2009 Ministry of Water, ・ The Lake and Rivers Act, NEMA (Cap. 409) ・United Nations Convention to Government of Topology, Geology ・Constitution of Kenya Combat Desertification Kenya JICA 232 WJEC-MMTEC Project for Reviewing GDC’s Geothermal Development Strategy in Kenya Final Report Table IV-1.3 Environmental and Social Laws, Regulations and Relevant Agencies (3) International Items Kenya’s Laws and Regulations Relevant Agencies Treaties ・Constitution of Kenya ・World Bank Ministry of Land, ・Land Act , 2012 Safeguard Policy Resettlement Housing and Urban ・The Land Registration Act , 2012 (OP 4.12) Development ・The Environmental and Land Court Act , 2011 ・Land Act, 2012 ・National Land Commission Act, 2012 ・Land Registration Act, 2012 ・The Way Leaves Act Cap 292 Ministry of Lands ・The Registration of Titles Act Cap 281 and Housing, Social ・The Land Titles Act Cap 282 Ministry of Environment ・Land Adjudication Act (Cap 284) Transportation, ・Trust Lands Act Cap 288 of 1962 (revised 1970) Local Government ・Public Roads and Roads of Access Act (Cap. 399) ・The Local Government Act (Cap.265) ・The Physical Planning Act, Cap 286 ・The Land Planning Act (Cap. 303) ・World Bank Safeguard Policy Minority (OP 4.10) Groups, Government of ・Constitution of Kenya ・United Nations Indigenous Kenya Declaration on the People Rights of Indigenous Peoples ・Water Resources Management Rules, 2006 Ministry of Water ・The Environmental Management and Coordination Environment and Discharge, (Water Quality) Regulations, 2006 Natural Resources, Emissions ・The Public Health Act Cap 242 Ministry of Health, ・Penal Code Cap 63 NEMA ・Public Health Act Cap 242 Occupational ・Occupational Safety and Health Act, No. 15 of 2007 Health and ・Use of Poisonous Substances Act(1983) Safety, ・Workmen's Compensation Act (1988) Ministry of Health Infectious ・The Factories (Building Operations and Works of Disease Engineering Construction) Rules, Legal Notice. No.40 (1984) JICA 233 WJEC-MMTEC Project for Reviewing GDC’s Geothermal Development Strategy in Kenya Final Report Table IV-1.4 Environmental and Social Laws, Regulations and Relevant Agencies (4) Items Kenya’s Laws and Regulations International Treaties Relevant Agencies ・Kyoto Protocol to United Nations Framework Convention Ministry of Climate Change on Climate Change Environment and ・The United Nations Natural Resources Framework Convention on Climate Change ・Environmental Management and Coordination Act, 1999 NEMA, Ministry ・Environmental Management and Coordination of Environment Waste (Waste
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