Environmental Management and Co-ordination (Sand Harvesting) Regulations, 2024

 Environmental Management and Co-ordination (Sand Harvesting) Regulations, 2024

The Environmental Management and Co-ordination (Sand Harvesting) Regulations, 2024 is a critical legal instrument aimed at ensuring the sustainable utilization of sand resources in Kenya. The regulations introduce a structured approach to sand harvesting by setting up governance mechanisms at both county and ward levels, defining operational guidelines, and establishing environmental safeguards. Below is a detailed analysis of key aspects and their implications:

1. Governance and Institutional Framework

County Environment Committees

• The regulations assign County Environment Committees (CECs) a central role in overseeing sand harvesting activities. Their responsibilities include:
  • Maintaining a register of sand dealers.
  • Designating and approving sand harvesting sites.
  • Ensuring compliance with environmental laws.
  • Collaborating with other environmental agencies.
  • Recommending suspension of sand harvesting in degraded sites.

Ward Sand Harvesting Committees

• A Ward Sand Harvesting Committee (WSHC) is established in each ward with sand harvesting activities.
• It is composed of representatives from government, sand dealers, community groups, and civil society.
• Responsibilities include:
  • Advising the County Environment Committee.
  • Facilitating community participation in sand harvesting decisions.
  • Promoting research and public awareness on sustainable sand harvesting.

Implications:

• The governance structure decentralizes decision-making, ensuring local communities have a say in sand harvesting activities.
• Enhances monitoring and enforcement by involving multiple stakeholders.
• Ensures alignment of county-level sand harvesting with national environmental policies.

2. Sustainable Sand Harvesting Practices

The regulations provide clear guidelines to mitigate environmental degradation:

• Designated Sand Harvesting Sites:

  • Must be at least 100 meters from critical infrastructure like bridges and roads.
  • Sand harvesting should not exceed 1.5 meters in depth and must maintain a 3-meter buffer zone.
  • On-farm sand harvesting should be at least 50 meters from riparian zones.

• Rehabilitation and Restoration:

  • Proponents are responsible for restoring degraded sand harvesting sites.
  • Rehabilitation plans must be included in Environmental Impact Assessment (EIA) reports.
  • The National Environment Management Authority (NEMA) and County Environment Committees will monitor restoration efforts.

Implications:

• Limits unsustainable extraction that leads to riverbank erosion, habitat destruction, and loss of agricultural land.
• Encourages responsible mining by requiring concurrent restoration activities.
• Potential challenge: Effective enforcement and compliance monitoring, given the vast number of sand harvesting activities across counties.

3. Regulation of Sand Trade and Transport

The regulations introduce several provisions to control the sand trade:

• Registration of Sand Dealers:

  • Dealers must be registered with an association, community-based organization, or cooperative society.
  • They must possess a valid certificate of registration from a relevant state agency.

• Pricing and Wages:

  • County Environment Committees are required to set minimum pricing guidelines for sand sales.
  • Sand loaders must receive minimum wages as per the Employment Act.

• Transportation Regulations:

  • Transporters must obtain a permit from NEMA before moving sand.
  • They must provide proof of an EIA License for the sand source.
  • Sand transportation is restricted to between 6:00 AM and 6:00 PM.
  • Permits are valid for three months.

Implications:

• Prevents illegal sand trade and enhances transparency.
• Reduces exploitation of sand loaders by enforcing fair wages.
• Limits nighttime transportation, which is often associated with illegal sand mining.
• A challenge may arise in the implementation and enforcement of transportation permits, particularly in informal markets.

4. Compliance and Enforcement Mechanisms

• NEMA’s Role:

  • Monitors compliance with environmental regulations.
  • Issues improvement orders where rehabilitation plans are not followed.
  • Can issue certificates of compliance to proponents who meet set conditions.

• Penalties for Violations:

  • Transporting sand without a permit is an offense under Section 144 of the Environmental Management and Coordination Act (EMCA), 1999, which carries significant penalties.
  • Failure to comply with rehabilitation obligations can lead to legal action.

Implications:

• Strengthens NEMA’s ability to regulate sand harvesting effectively.
• Encourages compliance through a mix of enforcement and incentives.
• Challenges may arise due to resource constraints in enforcement, especially in remote areas.

5. Social and Economic Implications

• Formalization of Sand Harvesting:

  • Brings sand dealers and transporters into a regulated framework, ensuring better labor conditions and fair pricing.
  • Could impact informal sand miners who may find it difficult to comply with licensing requirements.

• Environmental Protection vs. Livelihoods:

  • While the regulations aim to reduce environmental degradation, they may disrupt livelihoods of communities reliant on sand harvesting.
  • The requirement for rehabilitation and restoration may increase operational costs for sand harvesting businesses.

• Increased Revenue for Counties:

  • Regulated sand harvesting could boost county revenue through licensing fees, transport permits, and sand pricing controls.
  • However, overregulation might drive some activities underground, reducing formal revenue collection.

Final Insights and Recommendations

1. Capacity Building for Counties & Communities:

   • Counties and Ward Committees need training on enforcement mechanisms to ensure effective implementation.
   • Awareness campaigns should be conducted to inform sand dealers and transporters of the new requirements.

2. Strengthening Monitoring & Enforcement:

   • NEMA and counties should deploy technology-based monitoring (e.g., GIS tracking, digital permit systems).
   • Establish community-based environmental monitoring teams to report violations.

3. Balancing Environmental Protection with Economic Needs:

   • Implement alternative livelihood programs for communities affected by sand harvesting restrictions.
   • Encourage the use of alternative construction materials like recycled aggregates and artificial sand.

4. Review and Adaptive Management:

   • Regular impact assessments should be conducted to refine and improve the regulations.
   • A grievance redress mechanism should be set up to handle disputes fairly.

Conclusion

The Environmental Management and Co-ordination (Sand Harvesting) Regulations, 2024 represent a significant step towards sustainable sand harvesting in Kenya. They introduce structured governance, promote environmental protection, and seek to formalize the sand trade. However, their success will depend on effective enforcement, stakeholder engagement, and balancing economic realities with conservation goals.