AGADVOKS GLOBALKENYA · ENGLISH
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Energy Act

79. Cabinet Secretary to authorize search of geothermal resources

Edition: 2022-12-31 · In force

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79. Cabinet Secretary to authorize search of geothermal resources

(1)The Cabinet Secretary may authorize any person in writing, to make surveys, investigations, tests and measurements in search of geothermal resources and for that purpose the authorized person may—
(a)enter upon any land specified in the authority with such other persons, gear, appliances, and equipment as he or she deems fit;
(b)sink any well on the land;
(c)make geological surveys and geophysical surveys on the land; and
(d)generally do all things necessary in connection with the survey, investigation, test or measurement.
(2)A person granted authority under this section, shall comply with the provisions of Part VIII of this Act.
(3)Every authority granted under this section shall be subject to—
(a)the condition that every well made pursuant to the authority shall be—
(i)kept under close supervision; and
(ii)maintained or abandoned in a safe condition;
(b)such other conditions as the Cabinet Secretary may impose either at the time of granting the authority or subsequently at the time of closure of the well.
(4)An authority granted under this section shall not be transferable, and shall be in force for a period of two years from the date of issue, but may be renewed for a period of one year from the date of expiration thereof or from the expiration of any renewal.
(5)An authority granted under this section may be revoked by the Cabinet Secretary on the grounds that—
(a)the person to whom the authority is granted has not complied with any requirement or condition of the Cabinet Secretary's authority;
(b)operations being carried on under the authority are, in the opinion of the Cabinet Secretary, detrimentally affecting other specified wells or the supplies of geothermal resources;
(c)the authorized person has not commenced a search of geothermal resources for a continuous period of five years; and
(d)it is in the public interest that operations being carried on under the authority should cease.
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Source: Kenya Law