ADVOKS GLOBAL · KENYA
Forest Conservation and Management Act
46. Consent for quarrying
Edition: 2026-06-16 · In force
46. Consent for quarrying
(1)The Service shall only give its consent for quarrying operations in a forest area where—(a)the area does not contain rare, threatened or endangered species;(b)the forest does not have any cultural importance or contain sacred trees or groves;(c)an independent Environmental Impact Assessment or audit has been carried out;(d)the forest is not an important catchment area or source of springs:Provided that the Cabinet Secretary shall, on the recommendation of the Service, and in consultation with the Cabinet Secretary responsible for environment, and the relevant government agencies, publish rules to Regulate and govern quarrying operations in forest areas; and(e)the carrying on of the quarrying operations shall not contravene any Regulations made in accordance with this Act.(2)Subject to subsection (1), quarrying may be carried out in a public forest under the authority of a licence issued by the Service and in accordance with any other relevant written law.(3)A licence under subsection (2) shall not be issued unless the applicant has implemented safety measures to prevent injury to human beings, livestock and wildlife traversing the forest.(4)The conditions on which a licence for m quarrying an any allied activity carried out in the forest, shall, where the activity concerned is likely to result in the depletion of forest cover in any forest, include a condition requiring the licensee to undertake compulsory restoration and re-vegetation immediately upon the completion of the activity.(5)Re-vegetation shall be undertaken in consultation with the Service, which shall determine the seeds and seedlings proposed to be used in such re-vegetation.