GAZETTE NOTICE NO. 9335

DRAFT REPORT FOR STRATEGIC ENVIRONMENTAL ASSESSMENT (SEA) FOR THE FORMULATION OF A MASTER PLAN ON LOGISTICS IN THE NORTHERN ECONOMIC CORRIDOR, KENYA INVITATION OF PUBLIC COMMENTS IN LIGHT of the provisions of Section 57 A of the Environment Management and Co-ordination Act (EMCA) Cap 387, Regulation 42 and 43 of Environmental (Impact Assessment and Audit) Regulations Legal Notice No. 101 of 2003, the National Environmental Management Authority (NEMA) has received a Draft Strategic Environmental Assessment Report for the formulation of a Master Plan on Logistics in the Northern Economic Corridor, Kenya. The SEA findings are expected to integrate the existing sectoral plans and programs to establish sustainable, economic zone development mechanisms. Ministry of Transport and Infrastructure is the PPP owner. The Northern Economic Corridor (NEC) is a multi-modal corridor, consisting of road, rail, pipeline, and inland waterways transport, and is recognized as a significant corridor for logistics in East Africa. The main road network runs from Mombasa Sea Port through Kenya and Uganda, to Rwanda and Burundi, and to the Democratic Republic of Congo (DRC). The road network also links Kenya and Uganda to Juba in South Sudan. The development vision for the NEC is: 'to be the leading economic corridor with integrated transport and logistics systems in Africa'. The Development Vision has four key words/phrases which make the NEC distinct from other corridors, and these are - • leading, to be the leading, most efficient and reliable in Africa and the success can be applied to other corridors; • integrated transportation system, which offers diversified and multi-modal options (road, rail, waterway, and pipeline) and facilitates regional integration in East Africa; • integrated logistic hub, in which multi-modal options are available, and industrial areas connected and promoted by transport and logistic infrastructure; • economic corridor, stimulate regional economic development in the area surrounding the corridor through development of transport infrastructure, logistic facilities and creating industries (JST, 2016). The specific objectives for this SEA Study are: • Ensure that the Master Plan is compatible with sustainable planning and environmental management. • Enhance the consistency of the Master Plan across different Policy. Natural resource demand Accidents Spills Natural hazard • Plan, or Program (PPP) sectors; identify the potential environmental, socioeconomic and cultural impacts of the Master Plan. • Support decision-making and incorporate emerging environmental issues into sustainable development. Key Environmental and Social impacts and Mitigation Measures; Impacts Mitigation Measure Environmental Habitat alteration and Avoiding all high value biological biodiversity impacts constraints. • Aligning new infrastructure with existing RoWs or defined corridors. • Limiting the size of construction RoWs where possible. • Complying with existing land use and PA management plans. Air emissions • Complying with the Air Quality Regulations (2014) and emission standards as provided in KS 1515. • Using cleaner energy sources and • promoting their use. • Limiting land conversion to only necessary areas. • Managing wastes according to regulations in addition to employing the 3Rs to ensure they are managed sustainably. Landscape modification . Locating infrastructure with existing land use plans. • Complying with ecosystem management plans of protected areas. • Limiting the size of construction RoWs. • Avoiding protected areas and settlements. Soil • Limiting excavations to only necessary areas. • Implementing soil conservation strategies in areas with high Soil Erosion Potential. • Complying with waste management regulations. • Complying with regulations and guidelines on soil conservation such as those provided by land use plan, ecosystem management plans and those gazetted by the Agriculture and Food Authority. • Implementing run-off and water management measures. Hydrology and . Avoiding wetlands, water towers, hydrogeology groundwater conservation areas and flood plains. • Implementing water ingress management measures as appropriate. Controlling run-off from infrastructure and implementing sustainable drainage systems (SUDS) which mimic or allow natural percolation of water. Pollution . Developing complementary waste management facilities including a sanitary landfill and a hazardous waste disposal facility. • integrating Life Cycle Assessments into the project level environmental risk management.' • Managing wastes (collection, transport and disposal) in accordance to the provisions of the Waste Management Regulations (2006) and providing adequate equipment and facilities to do so. • Integrating the 3Rs (Reduce, Reuse, Recycle) of waste management in NEC MP and at the project level. • integrating Life Cycle Assessment into the project level environmental risk management • Complying with regulations governing resource extraction such as Forests Act (2005), EMCA (2014), Sand Harvesting Guidelines (2009), Water Resource Management Rules (2006) and Water Act (2014) amongst others. • Adopting sustainability standards at the project level such as those pertaining to green building and energy efficiency (LEED). • Ensuring building materials are sourced from sustainable sources. • Implementing demand management and resource efficiency measures for water, electricity and materials. • Complying with industry guidelines and regulations in the design of infrastructure. • Implementing and supporting programs to ensure vehicles and crafts are maintained to, regulatory approved standards. • implementing and supporting programs that ensure drivers and pilots are adequately trained to operate their respective vehicles and crafts. • Implementing and supporting programs aimed at raising public awareness in the pertinent industries. • Developing project level emergency/disaster preparedness and response plans. • Developing project level emergency/disaster preparedness and response plans as well as spill contingency plans and providing resources to respond to spills. • Complying with the National Oil Spill Response Plan • by integrating its provisions to any project • level contingency plans. • Implementing and supporting monitoring programs at the project level, • Providing training to project staff on spill prevention and management • Adhering to industry guidelines on the design and maintenance of any fluid storage, loading and conveyance equipment and infrastructure. • . Avoiding construction in flood plains in line with industry guidelines. • Integrating considerations for seismicity in the engineering design of infrastructure in seismically active areas. • Complying with industry guidelines for the design and maintenance of dams such as those published by the International Commission for Large Dams (ICOLD). - • Integrating the provisions of the National Disaster Response Plan into 11th November, 2016 THE KENYA GAZETTE 4547 project level disaster/emergency preparedness and response plans, and co-ordinating with the pertinent authorities. Socio-economic - Loss of cultural heritage The presence of cultural heritage assets would need to be confirmed in detailed studies associated with each potential project; this could influence the design and location of infrastructure, commercial enterprises and industrial facilities. Incorporation of heritage sites into tourism master plans as a way of preserving such sites. Projects associated with the construction and operation of infrastructure should be subject to Environmental and Social Impact Assessment (ESIA) commensurate with the scale of the project and impacts which includes consideration of cultural heritage and the development of appropriate mitigation and management plans. Livelihood • Institutional strengthening and capacity building for agencies across the NEC who are responsible for promoting and coordinating commercial developments to ensure that social risks are adequately understood and addressed through mitigation. Rural urban migration • Infrastructure projects should be subject to Environmental and Social Impact Assessment (F.SIA) undertaken in line with international standards such at those of the World Bank or the International Finance Corporation (IFC). The scope of the ESIA should always include consideration of rural-urban migration. Urban development plans / CIDP should also cater for rural-urban migration. Public health • Infrastructure projects should be subject to Environmental and Social Impact Assessment (ESIA) undertaken in line with international standards such as those of the World Bank or the International Finance Corporation (IFC). The scope of the -ESIA should always include consideration of health related impacts. For large Projects this may require that appropriately qualified international experts are appointed to address impacts on health. • Working in conjunction with relevant partners (eg health authorities, NGOs, development agencies), information. education and communication campaigns around diseases and health practices should be developed as part of the Master Plan implementation. Land acquisition and • Formulation and implementation of a resettlement land title management project to establish a land title database with cadastral map information, • Arrangement of technical assistance for a land acquisition and resettlement program. • Any physical and/or economic resettlement of communities should be subject to the development of Resettlement Action Plans/ Livelihood Restoration Plans which should be prepared in line with Kenyan regulations and international best practice as defined by the World Bank or International Finance Corporation Institutional strengthening and capacity building for agencies across the NEC who are responsible for promoting and coordinating commercial developments to ensure that social risks are adequately understood and addressed through mitigation. The budgeting process for any of the NEC initiatives must also include a budget for resettlement and compensation, as these costs can be quite significant. Land use and settlement • Institution responsible for land use pattern plans should ensure that they contain measures relating to infrastructure provision that are robust and fit for purpose, with a focus on the poorest and most vulnerable communities. • Avoidance of conservation areas, national parks, wetlands, protected areas Urbanisation • Any physical and/or economic resettlement of communities should be subject to the development of Resettlement Action Plans/ Livelihood Restoration Plans which should be prepared in line with Kenyan regulations and international best practice as defined by the World Bank or International Finance Corporation. • Institutional strengthening and capacity building for agencies across the NEC who are responsible for promoting and coordinating commercial developments to ensure that social risks are adequately understood and addressed through mitigation. • Regional and/or County Integrated Development Plans (CIDP) to plan for such urbanization. Land tenure • Formulation and implementation of a land title management project to establish a land title database with cadastral map information. The full report of the proposed project is available for inspection during working hours at: Cabinet Secretary, Ministry of Environment and Mineral Resources, NHIF Building, Community, P.O. Box 30126- 00100, Nairobi. Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839-00200, Nairobi. The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the decision making process of the plan. GEOFFREY WAHUNGU, Director-General, MR/247770 I National Environment Management Authority.