To ensure that environmental resources are properly conserved and pollution is minimized to acceptable levels, the Environmental Management Act (EMA) No.20 of 2004 introduced key legal mechanisms of ENVIRONMENTAL ADMINISTRATIVE ORDERS as below:
1. Prohibitation notices : Prohibition Notices are issued by the National Environment Management Council (NEMC) when the council is of the opinion that the carrying on of an activity or process in a particular manner involves an imminent risk of serious pollution of the environment. Such notices must specify not only the risks involved but also the steps that would have to be taken to prevent the polluting activities or processes. 2. Restoration order: Restoration Order is issued by the council and requires the person on whom it is served to restore the environment as near as it may be to a state in which it was before the taking of the actions which are the subject of the orders. The orders can also prevent actions that would destroy the environment, award compensation and levy charges for restoration costs incurred by authorized persons or organization
3. Prevention order :The council may serve a prevention order to a person it has reasonable ground to believe that such person is or will be conducting an activity or is or will be in possession or control of a substance or thing that may result in adverse effect on the environment or public health.
4. Protection Order : Where the Council reasonably believes that an activity is resulting or is likely to result in an adverse effect to the environment or public health, it may serve a protection order where the activity is occurring or will occur. An order is designed to control activities adverse on the environment or public health.
5. Emergency protection order : Any environmental inspector who observes the discharge of a contaminant into the environment in an amount that constitute a risk to human health or property or observes contaminants that causes or has the potential of causing adverse effects on the environment, the inspector may serve an emergency order upon the owner manager or person in control.
6. Compliance Order : This order is designed to enforce license conditions.The council may serve a compliance order on the holder of a license requiring him to remedy the breach within a reasonable period stipulated in the order where the council has reason to believe that any condition of a license issued in relation to an activity has been breached.
7. Cost Order : Where a person served with any of these orders fails to comply with the requirements in an order the Council may cause the required measured to be taken and may issue a cost order requiring that person to reimburse the council for the cost of taking the measures.