Construction Costs To Rise As Government Enforces Sand Harvesting Regulations
The National Environment Management Authority (NEMA) has announced that the Sand Harvesting Regulations, 2024 are now in effect.
In a public notice issued on Tuesday, NEMA informed stakeholders in the sand harvesting sector that the new regulations have officially come into force.
The regulations were enacted through Kenya Gazette Supplement No. 197 (Legislative Supplement No. 86) and Legal Notice No. 179, published on November 4, 2024, by the Ministry of Environment, Climate Change, and Forestry.
The primary objective of the new rules is to ensure the sustainable use of sand resources while protecting the environment. The regulations provide a framework for responsible sand harvesting practices and replace the Sand Harvesting Guidelines of 2007, effectively decentralizing regulation of the sector.
“This is to notify the general public and all relevant stakeholders in the sand harvesting sector of the coming into force of the Sand Harvesting Regulations, 2024,” reads the NEMA notice.
“The application [for permit] shall be accompanied by proof of the Environmental Impact Assessment License showing the source of the sand being transported; personal details of the applicant; details of mode of transportation of the sand; and the fee specified in the Fourth Schedule,” part of the regulations says.
Sand transportation permit processing fee is Sh3,000.
Nema will consider the application within five working days after it is lodged. Upon approval, Nema will issue the applicant with a permit which will be valid for a period not exceeding three months from the date of issuance.
Where sand is transported in a vehicle, the driver will retain physical custody of the permit while the sand is in transit.
The holder of a permit issued under this regulation will present it on demand for the inspection and verification by an environmental inspector, police officer or an authorised officer.
The permit holder will transport sand only between 6 am and 6 pm
The regulations say any person who contravenes the provisions commits an offence and shall, on conviction, be liable to the penalty provided under section 144 of Environmental Management and Co-ordination Act, 1999.
The EMCA Act stipulates that any person who contravenes any of the provisions of regulations, for which no penalty is stipulated, commits an offence and is liable, upon conviction, to a fine not more than Sh350,000 or to imprisonment for a term not exceeding 18 months or to both.
The proponent shall be responsible for rehabilitation of designated sand harvesting sites and their adjacent environment, where relevant, in accordance with the rehabilitation plan submitted with the Environmental Impact Assessment report.