ADVOKS GLOBAL · KENYA
Environmental Management and Co-ordination (Deposit Bonds)(No. 2) Regulations, 2025
13. Refund of a deposit bond.
Edition: 2025-03-24 · In force
13. Refund of a deposit bond.
(1)The Authority shall, pursuant to section 28(3) of the Act, issue a refund of a deposit bond amount after inspecting an operation and establishing that the operator has observed good environmental practices.(2)An operator shall within sixty days of nearing completion of an operation, notify the Authority when an operation is approaching closure and end of remediation works by submitting a remediation report demonstrating the completion of the remediation works is done in accordance with the parameters set out under subregulation (4).(3)The Authority shall inspect the facility within sixty days from the date of submission of the remediation report under subregulation (2), to ensure compliance with the conditions, specifications and standards set out in the approval document, annual environmental audit reports, remediation, post care and maintenance plans and initiate the processing of a bond discharge certificate as set out in the Second Schedule.(4)The Authority shall take into account the following factors during an inspection—(a)the public safety of the site;(b)the stability of the site under a range of seasonal conditions representative of that climate;(c)the ecological system recovery at the site;(d)the sampling and analysis of applicable parameters;(e)the state of recovery in comparison to the surrounding area;(f)the aesthetic value of the site;(g)the time scales to meet the required remediation level;(h)the compliance history of the operator;(i)the compatible after-use plans of the site;(j)the involvement of stakeholders, project affected populations and surrounding community; and(k)any other factor as may be determined by the Authority.(5)The deposit bond determined in accordance with these Regulations shall be refunded without interest to the operator within six months after issuance by the Authority of the bond discharge certificate.