Sand Harvesting Regulations Take Effect in Kenya
The sand harvesting sector in Kenya is set for a significant transformation as the National Environment Management Authority (NEMA) enforces new Sand Harvesting Regulations, 2024. These rules, introduced under the Environmental Management and Coordination Act (EMCA), aim to ensure the sustainable use of sand resources while safeguarding the environment.
The regulations were published through Kenya Gazette Supplement No. 197 and Legal Notice No. 179, setting clear guidelines on how sand harvesting should be conducted. These include licensing requirements, environmental protection measures, and penalties for non-compliance.
Stricter Rules for Sand Harvesting
Licensing and Registration Requirements
Under the new sand harvesting rules, individuals or businesses engaged in the activity must obtain an Environmental Impact Assessment (EIA) license. Additionally, sand dealers must register with associations, cooperatives, or community-based organizations to operate legally.
Protection of Sensitive Areas
The regulations prohibit sand harvesting in riverbanks, cemeteries, cultural sites, and ecologically sensitive areas. For designated sites, extraction depth is restricted to 1.5 meters, ensuring minimal environmental disruption.
Fair Pricing and Worker Protection
County Environment Committees (CECs) must establish minimum sand prices and fair wages for sand loaders to regulate the industry. This move aims to protect workers from exploitation and maintain industry standards.
Sand Harvesting Enforcement and Penalties
NEMA and local authorities will conduct environmental audits and site inspections to ensure compliance. Offenders face penalties, including license suspensions or revocations. Disputes will be resolved through alternative dispute resolution mechanisms or the National Environment Tribunal.
Transition Period for Compliance
Businesses and individuals already involved in sand harvesting have three months to comply with the new regulations. Failure to do so may result in legal action.
With these regulations, Kenya aims to balance economic interests with environmental conservation, ensuring that sand harvesting remains a sustainable industry.