Nema puts 100 facilities on the spot for noise pollution

National Environment Management Authority director general Mamo Mamo said the authority has been receiving complaints from the public about noise pollution emitted by 107 facilities.

“Several facilities have been served with Environmental Restoration orders requiring them to provide environmental compliance documents, but most have failed to comply,” he said in an interview with the Star.

A restoration order is a legal instrument requiring a person or entity to take some action to reverse or mitigate harm to the environment.

The order can compel actions such as removing waste, replanting flora, replacing soil and paying compensation to restore the affected environment. 

Failure to comply with a restoration order is an offence and can lead to legal penalties, including fines or imprisonment.

Mamo said the facilities include clubs, lounges, bars and restaurants.

He said they have seven days to provide a certificate of incorporation and a list of directors or owners, an Environmental Impact Assessment licence for the facility and the current environmental audit.

They are also supposed to give noise pollution control measures in place and reasons why legal action or closure should not be taken against their facilities.

A restoration order is provided for under the Environmental Management and Coordination Act (EMCA), Cap 387, which establishes Nema.

Nema is established under EMCA to exercise general supervision over all environmental matters.

It is the principal instrument of government in the implementation of all policies touching on the environment.

To preserve and maintain public health and the environment, EMCA, under section 101, mandated Nema to develop standards and guidelines for the abatement of unnecessary noise.

The move ushered in the establishment of the Environment Management and Coordination (Noise and Excessive Vibration Pollution (Control) Regulations 2009.

The regulation gave Nema powers to enforce compliance in liaison with other relevant lead agencies and county governments.

Restoration orders can be issued by either a Nema inspector or a court of law.