GAZETTE NOTICE NO. 6758

PURSUANT to section 59 of the Environmental Management and Co-ordination Act, the National Environment Management Authority (NEMA) has received an Environmental Impact Assessment Study Report for the above proposed project. The proponent, Atlantis Beach Residences Limited, proposes to construct a 13 storey residential development (basement, ground,13 upper floors and a roof terrace) comprising a total of 208 apartment units (117 No. One bedroom units, 78 No. Two bedrooms units and 13 No. Three bedroom units), 2 No. swimming pools, gym, beach club facility, lounge area, reception, service rooms, washrooms and parking areas, other associated amenities and facilities on plot L.R. No. MN/1/24298 Nyali, Mombasa County. The following are the anticipated impacts and proposed mitigation measures: Impacts Mitigation Measures Zoning concerns • Apply and obtain a change of user from the County Government of Mombasa before the proposed project commencement pursuant to Regulation 4 (1) of the Physical and Land Use. • Planning (General Development Permission and Control) Regulations, 2021. 2354 2354 Impacts Mitigation Measures Impacts of obtaining raw materials from the environment • Source raw materials from sites that are licensed as per the Environmental Management and Co-ordination Act (Cap. 387) of the Laws of Kenya. • Procure quantities of construction materials in line with the Bill of Quantities prepared by a Licensed Quantity Surveyor to reduce wastage. • Re-use construction materials such steel and wood cuttings which can be recovered. Loss of vegetation cover • Obtain permit from Kenya Forest Service (KFS), prior to cutting of trees in compliance with Section 64 of the Forest Conservation and Management Act, 2016. • Landscaping post construction by planting trees and grass and establishing flower gardens to restore carbon sequestration potential and improve the aesthetics. Health and safety risks • Register the site as a workplace with the Directorate of Occupational Safety and Health Services (DOSHS) prior to commencement of construction activities pursuant to Section 44 of the Occupational Safety and Health Act (OSHA), 2007. • Construction works should be carried out by a contractor who is registered with the National Construction Authority (NCA) at the appropriate class and supervised by a certified engineer/architect in accordance with Section 15-17 of the National Construction Authority Act, 2012. • Obtain insurance cover for the workers as per Work Injury Benefit Act (WIBA), 2007. • Procure and provide adequate and appropriate Personnel Protective Equipment (PPE) to all workers i.e. safety shoes, helmets, gloves, reflective wear, etc. and enforce their use. • Erect safety signage and boards at all construction zones. • Provide workers with correct tools for jobs assigned and train on their use. • Ensure moving parts of machines and sharp surfaces are securely protected with guards to avoid unnecessary contacts and injuries. • Provide a fully equipped first aid kit and trained personnel at the project site. • Conduct daily toolbox meetings for all workers at site. • All accidents should be reported, investigated and corrective action taken to prevent reoccurrence. • Install safety nets and debris chutes to prevent accidents and contain falling materials and objects. • Provide proper equipment for staff working at heights such as safety Impacts Mitigation Measures harnesses, scaffold as well as ladders and enforce their use. • Comply with the provisions of OSHA, 2007. Fire risks and emergencies • Insure the development to safeguard against loses from fire risks. • Develop, clearly display and implement a fire and emergency response action plan. • Install appropriate firefighting equipment at strategic locations within the development. • Firefighting equipment should be serviced quarterly by fire service providers. • Designate a fire assembly point and clearly display emergency exit points at strategic locations within the development. • Size all staircases for emergency escape • Undertake regular inspection and maintenance of electrical appliances. Air pollution • Procure, provide and enforce the use of dust masks to workers and visitors to the site. • Install dust screens around the project site. • Sprinkle water at the excavation areas to suppress fugitive dust. • Cover stockpiles of construction materials (aggregates, sand and fill) to reduce dust emissions especially during windy conditions. • Regular maintenance and servicing machinery, equipment and vehicles to ensure they are in good working condition. • Monitor fugitive emissions to ensure compliance with the limits set under the First Schedule of the Environmental Management and Coordination (Air Quality) Regulations, 2024. • Comply with the Provisions of Environmental Management and Coordination (Air Quality) Regulations, 2024. Noise pollution • Procure and provide adequate PPEs such as earplugs to workers and visitors to the site and enforce on their use. • Delivery of raw materials, excavation and construction activities will be limited to daytime. • hours i.e. between 8 a.m., to 5 p.m. • Service machinery and equipment regularly to ensure that they are in good working condition. • Sensitize truck drivers to avoid unnecessary hooting and running of vehicle engines. 8th May, 2026 THE KENYA GAZETTE Impacts Mitigation Measures • Comply with provisions of the Environmental Management and Coordination (Noise and Excessive Vibration Pollution) (Control) Regulations, 2009. Privacy concerns • Enhance the existing vegetation cover along the boundary of the project site post construction. • Observe front, side, and rear setbacks as approved by the County Government of Mombasa and pursuant to National Building Code, Regulations 2024 to minimize. • Implement light management strategies in external and common areas, such as street lights, pathways, parking lots, and recreational spaces, using downward-facing or shielded fixtures and motion sensors to minimize light spillover to neighboring properties erlooking of adjacent properties. Right to light concerns • Ensure the proposed residential development will not be erected in such a manner that it reduces the quantity of light and ventilation to another building in accordance with Section 34 of the National Building Code, Regulations 2024. Increase energy demand • Coordinate/Liase with MOWASSCO to ensure the development’s water demand can be safely met and to address pressure or supply issues. • Drill a borehole to supplement the development’s water supply, subject to hydrogeological assessment. • Obtain water abstraction permit from WRA for the proposed borehole. • Install an appropriate desalination system to treat the water to acceptable domestic use standards if groundwater salinity levels are high. • Install a water meter to monitor the consumption. • Install water saving systems such as self-closing taps and low flush closets. • Install leak-detection systems and conduct routine inspections to promptly identify and repair leaks in pipes, tanks, and fittings. • Harvest and store rainwater to supplement nonpotable water needs. • Provide on-site water storage tanks sufficient to buffer periods of supply interruption from MOWASSCO. • Comply with the provisions of the Environmental Management and Co- ordination (Water Quality) Regulations, 2024. Increase energy demand • Co-ordinate /Liase with KPLC to ensure that the development’s electricity demand can be safely supported and to plan for peak demand periods Impacts Mitigation Measures • Install high-capacity solar power and water heating systems. • Install smart meters to monitor electricity usage. • Install energy-efficient lighting systems such as LED fixtures to reduce overall electricity demand. • Incorporate renewable energy systems, such as solar panels, to power common area lighting, security lights, to reduce dependency on the national grid. • Undertake regular maintenance of electrical distribution network. • Comply with the provisions of Energy Act, 2019. Solid waste management • Use the generated overburden in backfilling and landscaping. • Sensitize construction workers on the process of solid waste collection, segregation and proper disposal. • Procure and provide adequate colour coded waste segregation bins (Green=organic, Blue=recyclables, Black=general waste) within the development. • Designate a central waste collection point. • Contract a NEMA licensed waste handler for disposal of solid waste. • Comply with the provisions of the Environmental Management and Coordination (Waste Management) Regulations, 2024 Sustainable Waste Management Act, 2022. Wastewater management • Install an on-site wastewater treatment system (biodigester) with a design capacity of 45–50 m³/day to adequately cater for average and peak flows. • Maintain the required setback (minimum of two (2) meters vertical height and thirty (30) meters horizontal distance from the high- water mark) from the Tudor Creek pursuant to Part X Regulation 91 (7) of the Water (Resources) Regulations, 2025 and ensure proper operation and maintenance of the biodigester system within this buffer, to prevent any accidental discharge of treated or untreated effluent into the marine environment. • Install oil and grease traps in the kitchen sinks to ensure the same doesn’t end up into the biodigester. • Monitor the quality of effluent discharged from the bio-digester. • Apply and obtain an Effluent Discharge License (EDL). • Comply with the provisions of the Environmental Management and Co- ordination (Water Quality) Regulations, 2024. 2356 2356 Impacts Mitigation Measures Traffic increase • Delivery of construction materials should be done off peak hours. • Offload construction materials on the site and not on the road reserves to ensure smooth flow of traffic. • Erect signage and warnings on the road to forewarn motorists and pedestrians on its use by Sensitize drivers to observe the designated speed limit. • Employ traffic marshals to direct vehicles and assist in maintaining smooth traffic flow around the construction site during peak delivery times. • Develop and implement traffic management plan. • Control entry and exit of vehicles to and from the development to avoid stalling along the road. • Comply with the provisions of the Traffic Act, 2016 CVs. Climate change risks and vulnerability • Use low-sulphur fuels in construction machinery and vehicles. • Procure fuel-efficient engines and machinery. • Plant trees and restore vegetation postconstruction to enhance carbon sequestration. • Install energy-efficient appliances and LED lighting in residential units and common areas. • Integrate solar photovoltaic (PV) systems for common area and water heating. • Design and maintain stormwater management systems. • Prepare annual carbon footprint reports and implement the recommendations. • Ensure compliance with the Climate Change Act, 2023 and the National Climate Change. • Action Plan 2023–2027. The full report of the proposed project is available for inspection during working hours at: (a) Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839–00200, Nairobi. (b) County Director of Environment, Mombasa County. A copy of the EIA report can be downloaded at www.nema.go.ke The National Environmental 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 for this project. Kindly quote Ref No. NEMA/ENVIS/SR/00518 Comments can also be e-mailed to dgnema@nema.go.ke MAMO B. MAMO, Director-General, MR/8126913 National Environment Management Authority.