Kilifi County Environmental (Regulation and Control) Act, 2016 (No. 17 of 2016).
Country
Type of law
Legislation
Abstract
This Act provides with respect to the protection of the environment in Kilifi County. It seeks to ensure a clean and healthy environment. The provisions of this Act shall be in addition to other requirements imposed by or under the Environmental Management and Coordination Act, 2015 or any other written law.
This Act shall be administered by the County Department responsible for matters relating to the environment. There is established in every Sub-County, a Committee to be known as the Sub-County Environment Committee. Such Committees shall be responsible for the proper management of the environment within the sub-county for which it is appointed. It shall consists of members of the executive and one person representing farmers or pastoralists, three residents of the sub-county appointed by the Executive Committee Member one of whom shall be a youth, and one person representing the business community and non-governmental organization engaging in environment. The appointments shall satisfy the requirements of the gender rule envisaged in the Constitution.
In order to implement the objectives of the Act, the county executive committee Member shall, among other things, formulate policies, control public nuisances, including waste, pests and insects, establish and manage pounds, and take all measures possible to ensure activities within the county conform with national and county legislation on health, safety, environmental and other relevant standards.
Specific provision is made regarding air pollution, noise pollution and public nuisances. Every owner or operator of a controlled facility shall ensure that emissions from the facility does not cause air pollution in any territory outside the facility, in excess of the prescribed relevant ambient air quality levels. Subject to any national or county legislation on the subject, back-burning to control or suppress wildfires and traditional burning of savanna grasslands shall be permitted. The Department shall, in collaboration with other departments and agencies of the county government provide methods of abating and regulating air pollution.
In respect of public nuisances, the Department shall, among other things - monitor the keeping of animals, birds and bees at their premises by any owner or occupier, so that their keeping or the premises are not constructed, situated, used or kept in such manner as to be a public nuisance, or otherwise offensive, or injurious to public health; take such steps and measures as may be necessary for securing the prevention and destruction of insects, fungi and any other pests which attack timber; establish and maintain sanitary services for the removal and destruction of, or otherwise dealing with, all kinds of refuse and effluent; take such measures as may be necessary for preventing or stemming the flow of any noxious matter or waste water flowing or discharged from any premises, into the street, any water course, irrigation canal or other places not approved for the reception of such discharge. Any person who keeps without permission within an urban area of the county a game animal or large livestock animals, commits an offence.
An applicant for or the holder of a license or a permit who is aggrieved by a decision of the Department may appeal the Executive Member. The Member shall by notification in the Gazette, appoint such number of authorized officers as may be necessary for the proper administration of this Act. Powers of Authorised Officers are defined. The Department may, with the approval of the County Executive Committee, make Regulations for the better carrying out of the purposes and provisions of this Act.
This Act shall be administered by the County Department responsible for matters relating to the environment. There is established in every Sub-County, a Committee to be known as the Sub-County Environment Committee. Such Committees shall be responsible for the proper management of the environment within the sub-county for which it is appointed. It shall consists of members of the executive and one person representing farmers or pastoralists, three residents of the sub-county appointed by the Executive Committee Member one of whom shall be a youth, and one person representing the business community and non-governmental organization engaging in environment. The appointments shall satisfy the requirements of the gender rule envisaged in the Constitution.
In order to implement the objectives of the Act, the county executive committee Member shall, among other things, formulate policies, control public nuisances, including waste, pests and insects, establish and manage pounds, and take all measures possible to ensure activities within the county conform with national and county legislation on health, safety, environmental and other relevant standards.
Specific provision is made regarding air pollution, noise pollution and public nuisances. Every owner or operator of a controlled facility shall ensure that emissions from the facility does not cause air pollution in any territory outside the facility, in excess of the prescribed relevant ambient air quality levels. Subject to any national or county legislation on the subject, back-burning to control or suppress wildfires and traditional burning of savanna grasslands shall be permitted. The Department shall, in collaboration with other departments and agencies of the county government provide methods of abating and regulating air pollution.
In respect of public nuisances, the Department shall, among other things - monitor the keeping of animals, birds and bees at their premises by any owner or occupier, so that their keeping or the premises are not constructed, situated, used or kept in such manner as to be a public nuisance, or otherwise offensive, or injurious to public health; take such steps and measures as may be necessary for securing the prevention and destruction of insects, fungi and any other pests which attack timber; establish and maintain sanitary services for the removal and destruction of, or otherwise dealing with, all kinds of refuse and effluent; take such measures as may be necessary for preventing or stemming the flow of any noxious matter or waste water flowing or discharged from any premises, into the street, any water course, irrigation canal or other places not approved for the reception of such discharge. Any person who keeps without permission within an urban area of the county a game animal or large livestock animals, commits an offence.
An applicant for or the holder of a license or a permit who is aggrieved by a decision of the Department may appeal the Executive Member. The Member shall by notification in the Gazette, appoint such number of authorized officers as may be necessary for the proper administration of this Act. Powers of Authorised Officers are defined. The Department may, with the approval of the County Executive Committee, make Regulations for the better carrying out of the purposes and provisions of this Act.
Attached files
Web site
Long title of text
An Act of the County Assembly of Kilifi to give effect to the Fourth Schedule of the Constitution; to control and regulate air pollution, noise pollution, public nuisances and outdoor advertising; and for connected purposes.
Date of text
Repealed
No
Serial Imprint
Kenya Gazette Supplement No. 42 (Kilifi County Acts No. 17).
Source language
English
Legislation Amendment
No