Environmental Management and Co-ordination (Deposit Bonds)(No. 2) Regulations, 2025

Section 1. Citation. Section These Regulations may be cited as the Environmental Management and Co-ordination (Deposit Bonds) (No. 2) Regulations, 2025.

Section 2. Interpretation. Section In these Regulations, unless the context otherwise requires— “abandoned land” means a degraded environment where the perpetrator is not identifiable; “affected media” means land, water, air, or any other natural resource that has been polluted, contaminated or degraded; “applicant” means any person who submits a Deposit Bond Assessment Report to the Authority for consideration and approval; “bond discharge certificate” means an authorisation issued by the Authority certifying that the remediation works have met all completion criteria, specifications and standards for the refund of a deposit bond; “Committee” means the Technical Advisory Committee established under regulation 18; “competent expert” means a multi-skilled team having knowledge in environmental valuation, law or actuary and led by an environmental assessment expert or firm licensed by the Authority; “environmental emergency” means the sudden onset of disasters, accidents or unexpected condition or situation resulting from technological or human-induced factors, or a combination of both, that in the reasonable opinion of the Authority, materially or adversely, or is likely to material...

Section 3. Application Section These Regulations shall apply to activities, industrial plants and undertakings set out in the First Schedule which have or are likely to have adverse effects on the environment.

Section 4. Purpose of the Regulations. Section The purpose of these Regulations is to prescribe the procedure for managing a deposit bond.

Section 5. Management of deposit bonds. Section 5(1) The Director-General shall be responsible for the management of deposit bonds. Section 5(2)(a) prepare and maintain a register of activities, industrial plants and undertakings that require deposit bonds; Section 5(2)(b) review the terms of reference developed by the competent experts in carrying out a deposit bond assessment; Section 5(2)(c) review the Deposit Bond Assessment Report to determine the adequacy and reliability of deposit bonds payable to the Restoration Fund; Section 5(2)(d) issue approvals on Deposit Bonds Assessment Reports and notices of the deposit bonds payable to the persons liable to pay the deposit bond; Section 5(2)(e) make recommendations to the Cabinet Secretary on the prescription of payments of deposit bonds by the Cabinet Secretary responsible for finance, pursuant to section 28(2) of the Act; Section 5(2)(f) undertake a joint inspection and monitoring with the relevant county government or lead agency to determine compliance with good environmental practices in line with the approval on terms and conditions based on the Deposit Bond Assessment Report; Section 5(2)(g) receive periodic status reports o...

Section 6. Maintenance of Register. Section Pursuant to section 28(1) of the Act, the Authority shall keep and maintain a Deposit Bonds Register of activities, industrial plants or undertakings which are likely to have adverse effect on public health and the environment.

Section 7. Contents of Register. Section name of the facility;

Section 8. Determination of a Deposit Bond for facilities in operation. Section 8(1) Each project proponent shall ensure that a Deposit Bond Assessment Report is prepared on the any project set out in the First Schedule likely to have significant adverse effects on the environment when operated in a manner that is not in conformity with good environmental practices. Section 8(2) The Deposit Bond Assessment Report prepared under subregulation (1) shall be prepared by a competent expert in accordance with terms of reference approved by the Authority. Section 8(3)(a) the proposed location of the project; Section 8(3)(b) site characteristics for a facility in operation; Section 8(3)(c) a clear description of the activities being undertaken at the facility; Section 8(3)(d) evidence of integrated environmental assessment or environmental audit where applicable; Section 8(3)(e) the environmental management systems in place; Section 8(3)(f) the existing environmental levies or other insurance covers that the facility may have; Section 8(3)(g) a remediation, post-care and maintenance plan, including the required standards of remediation works, the activities involved, time frame, cost and t...

Section 9. Review and approval by the Authority. Section 9(1) The Authority shall, in consultation with the relevant lead agencies, review and make a decision on the Deposit Bond Assessment Report based operational standards set by the Authority. Section 9(2)(a) to the operator of the facilities in operation, within thirty days of the submission of the report; and Section 9(2)(b) to the proponent of a proposed project, within thirty days after the issuance of the Integrated Environmental Assessment Licence. Section 9(3)(a) issue an approval of the Deposit Bond Assessment Report; and Section 9(3)(b) issue a notice of the deposit bond payable. Section 9(4)(a) make a decision on the basis of the Authority’s estimate of the deposit bond amount; or Section 9(4)(b) undertake a reassessment of the deposit bond payable. Section 9(5) The project proponent shall pay the deposit bond notified under subregulation (3) to the Restoration Fund within a period of thirty days of the date of the notice or such other period depending on the complexity of the operation, regularity and quantum of payment required.

Section 10. Non-applicability of the deposit bond. Section an exemption for non-compliance to applicable provisions of the Act; and

Section 11. Reassessment of a deposit bond. Section there has been an error in the original assessment;

Section 12. Review of the deposit bond payable. Section 12(1) The Authority may conduct a review of the deposit bond payable under these Regulations to ensure adequacy of the deposit bond with regard to the approved remediation plan. Section 12(2)(a) conducted depending on the complexity of the operation, long-term care and progressive remediation works required; or Section 12(2)(b) carried out every three years, or any other period as may be approved by the Authority.

Section 13. Refund of a deposit bond. Section 13(1) The Authority shall, pursuant to section 28(3) of the Act, issue a refund of a deposit bond amount after inspecting an operation and establishing that the operator has observed good environmental practices. Section 13(2) An operator shall within sixty days of nearing completion of an operation, notify the Authority when an operation is approaching closure and end of remediation works by submitting a remediation report demonstrating the completion of the remediation works is done in accordance with the parameters set out under subregulation (4). Section 13(3) The Authority shall inspect the facility within sixty days from the date of submission of the remediation report under subregulation (2), to ensure compliance with the conditions, specifications and standards set out in the approval document, annual environmental audit reports, remediation, post care and maintenance plans and initiate the processing of a bond discharge certificate as set out in the Second Schedule. Section 13(4)(a) the public safety of the site; Section 13(4)(b) the stability of the site under a range of seasonal conditions representative of that climate; Sect...

Section 14. Confiscation of a deposit bond. Section 14(1) The Authority may, pursuant to section 28(4), confiscate a deposit bond where the operator breaches the provisions of the Act and these Regulations. Section 14(2) Where the Authority intends to confiscate a deposit bond, the Authority shall issue a notice, in writing, of the intended confiscation to the operator. Section 14(3) The operator shall be required to respond to the notice under subregulation (2) within fourteen days of receipt of the notice. Section 14(4) Where the operator fails to respond to the notice as required under subregulation (3), the Authority may confiscate the deposit bond without any further reference to the operator. Section 14(5) Where the Authority receives a response from the operator under subregulation (3), the Authority shall grant the operator an opportunity to be heard and in this regard, schedule a date for the hearing that shall be at least fourteen days after the response by the operator. Section 14(6) The decision of the Authority shall be communicated to the operator within fourteen days from the date of the hearing. Section 14(7)(a) issue a notice requiring the operator to restore the a...

Section 15. Appeals. Section 15(1)(a) the determination of the amount of the deposit bond payable under these Regulations; Section 15(1)(b) the confiscation of a deposit bond by the Authority; Section 15(1)(c) the refundable amount of a deposit bond; Section 15(1)(d) the imposition by the Authority of any condition, limitation or restriction in the approval condition pertaining to deposit bond; or Section 15(1)(e) any other decision made by the Authority relating to the payment of a deposit bond by that person.

Section 16. Offences and penalties. Section A person who commits an offence under these Regulations for which no specific penalty has been provided shall be liable, on conviction, to the penalty specified under section 144 of the Act.

Section 17. Liability on transfer. Section The transferee as well as the transferor of an undertaking set out in the First Schedule shall be liable for all liabilities and the observance of all obligations imposed by the transfer in respect of the operation transferred, but the transferor shall not be responsible for any future liabilities or any obligations so imposed with regard to the operation from the date of the transfer.

Section 18. Transitional Clause. Section 18(1) A person who is carrying out an activity, industrial plant or undertaking set out in the First Schedule shall, within twelve months of the commencement of these Regulations, comply with the provisions of these Regulations. Section 18(2) A person who fails to comply with subregulation (1) commits an offence.

Section 19. Revocation. Section The Environmental Management and Co-ordination (Deposit Bonds) Regulations (L.N. No. 19/2025), are revoked.