Regulations

These are regulations enacted, in line with the law, to assist in the regulation of the extractives sector.

These regulations have been developed to provide guidance on a number of extractives sector aspects inlcuding mineral rights, disposal of assets, community development agreements within the oil, gas and mining sector in Kenay. 

Policies & Regulations Subject Purpose & Overview Maker of The Regulations/Enforcing Body Links To Policies & Regulations

The Environmental (Impact Assessment And Audit) Regulations, 2003

It is the examination of the effects of a project on the environment

The goal of regulations are to ensure that decisions on proposed projects and activities are environmentally sustainable. It guides policy makers, planners, stakeholders and government agencies to make environmentally and economically sustainable decisions.

National Environment Management Authority

Link

Water Quality Regulations, 2006 (Legal Notice No. 120)

It will apply to water used for domestic, industrial, agricultural, and recreational purposes; water used for fisheries and wildlife purposes, and water used for any other purposes which includes mining.

The objective of the regulations is to prohibit discharge of effluent into the environment contrary to the established standards. The regulations further provides guidelines and standards for the discharge of poisons, toxins, noxious, radioactive waste or other pollutants into the environment in line with the Third Schedule of the regulations.

National Environment Management Authority

Link

The Environmental Management And Coordination (Wetlands, Riverbanks, Lakeshores, And Seashores Management Regulations 2009)

Wetlands i.e., riparian lands, areas permanently or seasonally flooded by water and coastal zones.

The main purpose is to provide for the conservation and sustainable use of wetlands and their resources in Kenya. Environmental Impact Assessment and Environmental Audit as required under the EMCA shall be mandatory for all activities likely to have adverse impact on the management of wetlands.

National Environment Management Authority

Link

The Environmental Management And Co-Ordination (Conservation Of Biological Diversity And Resources, And Access To Genetic Resources And Benefits Sharing) Regulations, 2006

The protect biological diversity and resources

These Regulations apply to access to genetic resources or parts of genetic resources, whether naturally occurring or naturalized, including genetic resources bred for or intended for commercial purposes within Kenya or for export, whether in in-situ conditions or ex-situ conditions.

National Environment Management Authority

Link

The Environment Management And Co-Ordination (Air Quality) Regulations.

The prevention, control and abatement of air pollution to ensure clean and healthy ambient air.

It provides for the establishment of emission standards for various sources such as mobile sources (e.g. motor vehicles) and stationary sources (e.g. industries) as outlined in the Environmental Management and Coordination Act, 1999. It also covers any other air pollution source as may be determined by the Minister in consultation with the Authority. Emission limits for various areas and facilities have been set.

National Environment Management Authority

Link

Waste Management Regulations, 2006

The prevention, control and abatement of waste to ensure clean and healthy environment

The purpose of the regulations is to fulfil the purposes of Sections 92 and 147 of the Environmental Management and Co-ordination Act No.  8, of 1999, which require the Cabinet Secretary for Environment and Natural Resources, on the recommendation of    the    National    Environment    Management    Authority    and    upon    consultation   with   the   relevant   lead   agencies   makes   the      Regulations governing waste management.

National Environment Management Authority

Link

Environment Impact Assessment Guideline and Administrative Procedures

Sustainable development, environment

The EIA guidelines and administrative procedures have been developed to assist in the integration of environmental concerns in economic development to foster sustainable development in Kenya

National Environment Management Authority

Link

Kenya Vision 2030

Sustainable Development

This is Kenya’s development blueprint covering the period 2008 to 2030.  It aims at making Kenya a newly industrializing, “middle income country providing high quality life for all its citizens by the year 2030”.

Secretariat, Vision 2030

Link

The Energy (Liquefied Petroleum Gas) Regulation of 2009

Health, Safety, Environment

This regulations, provide for the licensing of liquefied gas. It also provides for its safe dealing, transportation and storage.

Energy Regulatory Commission

Link

The Mining (Use of Assets) Regulations 2016

Use, disposal and dealings in assets owned by license holders

The guidelines act as a guide for the dealings in the use and disposal of assets by operators after finishing extractives activities.

Ministry of Mining

Link

The Mining (Licence and Permit) Regulations, 2017

Licensing of mining operations

Provide for licensing of mining operations

Ministry of mining

Link

The Mining (Dealings in Minerals) Regulations, 2017

Dealings in minerals.

This regulation is to give effect to section 223(1) of the Mining Act in so far as it relates to dealings in minerals. Their purpose is to provide for the scope (application of these regulations), procedures to be followed by a person who requires a license or permit to deal in a mineral, the qualifications, the various forms that are required to accompany an application, the terms and conditions, renewal, revocation and the reporting requirements by the holder of the license or permit as the case may be.

Ministry of mining

Link

Mining (Use Of Local Good And Services) Regulations, 2017

Local Content

The regulations are primarily to address the local content gap and also to give effect to section 50 of the Mining Act. The regulations cover four key areas. In the first place, the regulations provide for the purpose of the regulations and the types of licenses or mineral related activities that come under the remit of the regulations. Secondly, the regulations make it mandatory for every license to provide a procurement plan. Thirdly, the regulations impose an obligation on the Ministry to develop a register of local suppliers and services from which holders of licenses shall access for the contracting of goods and services. Finally, holders are required to submit quarterly and annual reports on the procurement of goods and services to the Director of Mines.

Ministry of Mining

Link

Mining (State Participation) Regulations, 2017

Provides for government participation

Essentially, the regulations  give effect to section 48(4) of the Mining Act, 2016. Unlike the National Mining Corporation (established pursuant to section 22(1) of the Mining Act, 2016) which may go ahead with investments on its own (with or without private sector investment), these particular regulations are basically deal with how the state can participate in prospecting or mining operations being undertaken by a holder of a mineral right. The regulations cover the following:

  1. the various options or forms of state participation available to the State within the context of section 48 of the Mining Act, 2016;
  2. the vehicle through which the State may engage in mineral activities or
  3. operations in a mineral right held by a holder other than the state; and
  4. the consent or prior approval of the Cabinet Secretary as a requirement before any state participation is undertaken.

Ministry of Mining

Link

Mining (Employment And Training) Regulations, 2017

Employment and training of locals

The policies provide for best practice in the employment and training of locals

The Ministry of Mining

Link

Guidelines For Work Programs and Exploration Reports 2017

Guide to mining licenses

These regulations provide guidance to applicants for, and holders of, reconnaissance and prospecting licenses on how to prepare compliant work programs and exploration reports

Ministry of Mining

Link

The Mining (License and Permit) Regulations, 2017

Awarding of mineral rights

The guidelines act as a guide to award of mineral rights. They shift from the previous first come first serve principle

Ministry of Mining

Link

The Mining (Community Development Agreement Regulations), 2017

Relations between mining companies and impacted communities.

The regulations aim at managing the expectations of a broad range of stakeholders including, for example, the mining company, the impacted communities, local and national government, and non-governmental organizations.

Ministry of mining

Link

The Mining (Strategic Minerals) Regulations, 2017

Use, disposal and dealings in Strategic Minerals

The guidelines act as a guide for the dealings in the use and disposal of Strategic Minerals.

Ministry of Mining

Link

The Mining (National Mining Corporation) Regulations, 2017

The National Mining Corporation

The regulations establish the National Mining Corporation. It also prescribes how it is to be managed and qualifications for the Memebers of its Board.

Ministry of Mining

Link

The Mining (Mine Support Service) Regulations, 2017

Support services to mining operations

The regulations provide for support services to mining. The mine support services industry is engaged mainly in providing services integral to the mining industry value chain. The industry provides a range of specialist mining services which are often not viable for mining companies to develop independently or to provide in house.

Ministry of mining

Link

The Mining (Award of Mineral Rights by Tender) Regulations, 2017

Awarding of mineral rights

The guidelines act as a guide to award of mineral rights. They shift from the previous first come first serve principle

Ministry of Mining

Link

Our database is continuously updated

if you are aware of publicly available information that is not included, we would be grateful to be notified at info@extractives-baraza.com

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