The Environmental Management and Co-ordination (Amendment) Bill, 2023
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
New Ban on Eucalyptus Trees Near Water Sources
The Bill introduces a new paragraph (ba) to Section 147(2) of the Environmental Management and Co-ordination Act, 1999. This provision allows for the prohibition of introducing, growing, or maintaining eucalyptus tree species along critical water bodies, specifically:
- Rivers
- Lakes
- Seas
- Wetlands
Cabinet Secretary Empowered to Enforce Restrictions
The Bill delegates legislative power to the Cabinet Secretary. On the recommendation of the National Environment Management Authority (NEMA) and after consulting relevant lead agencies, the Cabinet Secretary may establish regulations, standards, guidelines, and administrative procedures to enforce the eucalyptus ban.
Protection of Ground Water Levels
The amendment specifically targets eucalyptus species due to their highly water-intensive nature. The principal objective is to systematically remove these trees from water catchment areas to preserve ground water and prevent the reduction of water levels in vital ecosystems.
Bill No.
No. 66 of 2023
Gazette No.
Supplement No. 195
Sponsor
Irene Nyakerario Mayaka
Background
The Environmental Management and Co-ordination (Amendment) Bill, 2023 addresses the ecological risks associated with planting water-intensive tree species in sensitive areas. Eucalyptus trees consume substantial amounts of water, which can deplete ground water resources and lower water levels when planted near natural water sources. This Bill provides a legislative mechanism to protect Kenyan water catchment areas from these impacts.
Key Amendments
The Bill amends the Environmental Management and Co-ordination Act, 1999 (No. 8 of 1999):
- Section 147 (Power to make regulations): Amends subsection (2) by inserting a new paragraph (ba) immediately after paragraph (b). This new paragraph authorises the Cabinet Secretary to formulate regulations to prohibit the introduction, growth, or maintenance of eucalyptus species in and along any river, lake, sea, or wetland.
New Obligations
Once regulations are gazetted under this amendment:
- Landowners, farmers, and forestry operators must comply with prohibitions regarding where eucalyptus tree species can be introduced, grown, or maintained.
- Growth or maintenance of eucalyptus trees will be restricted in buffer zones surrounding rivers, lakes, seas, and wetlands.
- The Cabinet Secretary, NEMA, and relevant lead agencies will be obliged to monitor water catchment zones and enforce compliance with the new species-specific standards and guidelines.
No updates tracked yet
Updates will be visible here once they are approved and applied to this bill.