ADVOKS GLOBAL · KENYA
Environmental Management and Co-ordination (Deposit Bonds)(No. 2) Regulations, 2025
8. Determination of a Deposit Bond for facilities in operation.
Edition: 2025-03-24 · In force
8. Determination of a Deposit Bond for facilities in operation.
(1)Each project proponent shall ensure that a Deposit Bond Assessment Report is prepared on the any project set out in the First Schedule likely to have significant adverse effects on the environment when operated in a manner that is not in conformity with good environmental practices.(2)The Deposit Bond Assessment Report prepared under subregulation (1) shall be prepared by a competent expert in accordance with terms of reference approved by the Authority.(3)A Deposit Bond Assessment Report shall include—(a)the proposed location of the project;(b)site characteristics for a facility in operation;(c)a clear description of the activities being undertaken at the facility;(d)evidence of integrated environmental assessment or environmental audit where applicable;(e)the environmental management systems in place;(f)the existing environmental levies or other insurance covers that the facility may have;(g)a remediation, post-care and maintenance plan, including the required standards of remediation works, the activities involved, time frame, cost and the monitoring mechanism;(h)an analysis of the amount of deposit bond payable in respect of the projected cumulative risks of the project activities to the recipient environment and affected media and persons as shall be prescribed by the Cabinet Secretary responsible for matters relating to finance on the recommendation of the Cabinet Secretary; and(i)details of the operator or proponent who shall be responsible for the execution and completion of remediation works.(5)A person who provides information or data which is false, incorrect or intended to mislead in relation to this regulation, commits an offence.