ADVOKS GLOBAL · KENYA
Environmental Management and Co-ordination Act
109. Contents of environmental restoration orders
Edition: 2022-12-31 · In force
109. Contents of environmental restoration orders
(1)An environmental restoration order shall specify clearly and in a manner which may be easily understood—(a)the activity to which it relates;(b)the person or persons to whom it is addressed;(c)the time at which it comes into effect;(d)the action which must be taken to remedy the harm to the environment and the time, being not more than thirty days or such further period as may be prescribed in the order within which the action must be taken;(e)the powers of the Authority to enter any land and undertake the action specified in paragraph (d);(f)the penalties which may be imposed if the action specified in paragraph (d) is not undertaken;(g)the right of the person served with an environmental restoration order to appeal to the Tribunal against that order, except where the order is issued by a court of competent jurisdiction, in which case the right of appeal shall lie with superior courts.(2)An Environmental Inspector of the Authority may inspect or cause to be inspected any activity to determine whether that activity is harmful to the environment and may take into account the evidence obtained from that inspection in any decision on whether or not to serve an environmental restoration order.(3)The Authority may seek and take into account any technical, professional and scientific advice which it considers to be desirable for a satisfactory decision to be made on an environmental restoration order.(4)An environmental restoration order shall continue to apply to the activity in respect of which it was served notwithstanding that it has been complied with.(5)A person served with an environmental restoration order shall, subject to the provisions of this Act, comply with all the terms and conditions of the order that has been served on him.(6)It shall not be necessary for the Authority or its Inspectors in exercising the powers under subsection (2), to give any person conducting or involved in the activity which is the subject of the inspection or residing or working on or developing land on which the activity which is the subject of the inspection is taking place, an opportunity of being heard by or making representations to the person conducting the inspection.