Environment Impact Assessment
Environmental Impact Assessment (EIA) is a critical examination of the effects of a project on the environment. An EIA identifies both negative and positive impacts of any development activity or project, how it affects people, their property and the environment. EIA also identifies measures to mitigate the negative impacts, while maximizing on the positive ones. Renewable energy projects under FiT must obtain an Environmental Impact Assessment License issued by the National Environment Management Authority (NEMA). NEMA has 47 county offices. The county offices conduct monitoring and evaluation of low risk projects while the headquarters offices conduct monitoring and evaluation of high risk projects. Note that not all investors are required to submit a detailed EIA Report. Some low risk projects are assessed at NEMA at the Nairobi headquarters and given a license.
- Purpose: Ensuring sustainable development and the protection of the environment
- Application Fee: Application fee for EIA is 0.1 % of total project cost with a Minimum of Ksh 10,000 and no upper capping.
- Clearance Fee: The clearance fee is covered in the initial payment of 0.1% of the total project cost
- Maximum Processing Time: 45 to 90 working days
- Validity: Licenses are valid for 24 months within which the project must start. If it does not start within the two years validity can be extended for a maximum of 4 years at a fee of Kshs. 5,000
- Clearance Type: License
- Legal Basis: Environmental Management and Coordination Act 1999 and Environmental (Impact Assessment and Audit) Regulations 2003
- Annual Renewal: The proponent conducts annual environmental audits and submits to NEMA
- NOTE: The investor submits a detailed Environment Impact Assessment Project report for the entire project cycle prepared by an EIA expert registered by NEMA.The report should be in 5 hard copies and 1 soft copy submitted online.The details of the report should include:
- Name of the project proponent,PIN,address and contact person
- A plan to ensure the health and safety of the workers and neighbouring community
- An action plan for the prevention and management of foreseeable accidents and ways of mitigating the same during the project cycle.
- The entire design of the project.
- The economic and social benefits to the local community and also at the national level
- Physical location of the proposed project
- Waste disposal methodologies
- Mitigation measures to be taken during and after the implementation of the project
- Objectives and scope of the project
- Potential environmental impact
- Project budget
- Views from the public indicating representativeness of the affected people
- Submission of Environmental Impact Assessment Report to NEMA with the initial payment of 50% of 0.05% of the total project cost
- NEMA receives EIA project report and dispatches to Lead Agencies for review
- If EIA project report is approved,the proponent accepts approval conditions and final payment of 50% of 0.05% of total project cost is made and licence is issued
- If the EIA project report is not approved,the proponent is to submit a full EIA study
- Proponent and NEMA agree on content of scoping report to formulate TORs for the EIA study
- The proponent submits 3 copies of the TORs to NEMA for review.
- NEMA approves the TOR based on the scoping report
- Proponent prepares EIA study though NEMA registered experts and submits the same to NEMA
- NEMA reviews EIA study and collects opinions from Lead Agencies
- NEMA approves EIA and final payment of 50% of 0.05% of total project cost is made and licence is issued or EIA is rejected with sufficient reasons
- NEMA monitors and audits conditions of approval on a yearly basis