ADVOKS GLOBAL · KENYA
Environmental Management and Co-ordination Act
41B. Monitoring compliance with Environmental Plans
Edition: 2022-12-31 · In force
41B. Monitoring compliance with Environmental Plans
(1)The Authority shall monitor compliance with the national and county environmental action plans and may take any steps or make any inquiries that it may consider necessary in order to determine if the plans are being complied with.(2)If as a result of any action taken or inquiry made under subsection (1) the Authority is of the opinion that a plan is not substantially being complied with, the Authority shall serve a written notice to the organ concerned, calling on it to take such specified steps as the Authority may consider necessary to remedy noncompliance.(3)Within thirty days of the receipt of the notice referred to in subsection (2), the organ shall respond to the notice in writing setting out any—(a)objections to the notice, if any;(b)the action that will be taken to ensure compliance with the respective plan; or(c)other information that the organ considers relevant to the notice.(4)After considering the representations from the organ and any other relevant information, the Authority shall within thirty days of receiving the response referred to in subsection (3) issue a final notice—(a)to confirm amend or cancel the notice referred to in subsection (2);(b)to specify any action and a time period within which such action shall be taken to remedy non-compliance.(5)The Authority shall keep a record of all environmental action plans and ensure that such plans are available for inspection by the public.