National Energy Policy - Final Draft - 14 Nov 2013

6.0 – LAND, ENVIRONMENT, HEALTH AND SAFETY6.1 BACKGROUND1. Land is a critical resource in the development of energy infrastructure. However, due tocompeting interest in land utilization, the sector faces challenges in developing its infrastructure.2. Environmental Management in the energy sector is key to ensuring sustainability in the energychain. Energy production, transportation and use pose various dangers to human life and theenvironment. The challenge for players in energy sector is the provision of affordable, reliableand sustainable energy whilst upholding people’s rights to land, environment, health and safety.3. The Environmental Management and Co-ordination Act, No. 8 of 1999 (EMCA, 1999) is theumbrella legal framework in respect to environmental management in Kenya. Its implementingagency is the National Environmental Management Authority (NEMA). It recognises a “LeadAgency” as any Government institution in which any law vests functions of control ormanagement of any element of the environment or natural resource. Lead Agencies thereforeplay an important role in enforcing compliance with laws and regulations.4. The Energy Regulatory Commission is a key “Lead Agency” in the energy sector, drawing itspowers from the Energy Act No. 12 of 2006 to “… formulate, enforce and review environmental,health, safety and quality standards for the energy sector, in coordination with other statutoryauthorities”. The Act also requires that while reviewing applications for licences in the energysector, NERC to consider, among others, the environmental and social impacts, and compliancewith EMCA 1999.5. Environmental Impact Assessment Regulations require that mitigating measures be put in placeto minimise the adverse impact of energy projects. Comprehensive environmental impactassessments are conducted for all projects prior to their implementation to ascertain the level ofpotential environmental damage, the required mitigation measures and associated costs.6. Other authorities that have regulatory mandate in the energy sector in terms of environment,health and safety are the Directorate of Occupational Safety and Health Services (DOSHS)under the Occupational Safety and Health Act of 2007, Water Resources Management Authority(WRMA) under the Water Act of 2002 and the Kenya Maritime Authority (KMA) under theMerchant Shipping Act & Kenya Maritime Authority Act of 2006.7. Vision 2030 acknowledges that land is a vital factor of production in the economy together withits aesthetic, cultural and traditional values. Some key initiatives envisioned to addressenvironmental problems which relate to the energy sector are:(a)(b)(c)(d)Sustainable management of natural resources.Pollution and waste management.Disaster risk management.Use of incentives for environmental compliance.95 6.0 – LAND, ENVIRONMENT, HEALTH AND SAFETY