LegislationGazette notice

Gazette Notice No. 9277 of 2025

The Cabinet Secretary, Ministry of Energy and Petroleum, publishes draft upstream and midstream environment, health and safety regulations for public comments.

Official PDF · 3.0 MB

Whole issue, from Kenya Law. This notice starts on printed page 4302.

AI-extractedAgreement between models, not verified accuracy.

Schedule 362 rows

Rows 201 to 362 of 362.

NINTH SCHEDULE — Enclosed documents: (tick the boxes as appropriate)
Marker	Document
o	sources of vented or flared gas
o	information supporting need for venting or flaring (safety of venting and impossibility of flaring)
o	methodology to measure or estimate vented or flared gas
o	all relevant environmental licenses and reports as may be required by law;
o	other supporting documents (specify)

NINTH SCHEDULE — Declaration:
Number	Text
1.	I hereby confirm that the information provided in this application is to my knowledge true and accurate.
2.	I understand that it is an offence to give false information in an application for a venting and/or flaring approval.
3.	I acknowledge that our company shall conduct petroleum production operations as approved by the Authority and other state bodies of Kenya.
4.	I acknowledge that our company shall not commence and conduct any unauthorized venting and/or flaring operations prior to obtaining an approval from the Authority

TENTH SCHEDULE — Regulation 144 — VENTING/FLARING PERMIT
Field	Printed value or instruction
Approval no.:	xxxx/yyyy
Permit statement	This venting/flaring permit is hereby issued under the Petroleum (Upstream and Midstream Environment, Safety and Health) Regulations, 2024 exclusively to the named applicant to conduct activities specified in this approval as follows:
Commencement date:	(dd-mm-yyyy):
Estimated volumes approved to be vented and/or flared:
Terms and conditions:

Terms and conditions: (continued)
Item	Text
1.	The applicant or an authorised person hereby shall—
a.	commence authorized activities within (__) months from issuance of this approval, unless when an unforeseen circumstance arises;
b.	execute authorized activities under the application and not deviate from its approval except for during an emergency;
d.	provide all required data, reports and information in compliance with the Petroleum Act, 2019, Petroleum (Upstream and Midstream Environment, Safety and Health) Regulations, 2021, individual Petroleum Agreement and any other applicable Kenyan law;
e.	other conditions (specify here):
2.	This approval is valid for (__) and may not be altered, revised, or modified, except with the consent of the Applicant and the Authority.

ELEVENTH SCHEDULE — Regulation 148 — Fugitive Emissions Management Program
Item	Text
	Structure and content of the fugitive emissions management program (FEMP)
	The FEMP shall be designed to reduce fugitive emissions, contain the elements listed below, and be updated to reflect any changes to operations:
1.	contact information of the individual accountable for the FEMP;
2.	resources allocated to developing and implementing the FEMP, including which group within the company is responsible for maintaining and updating the FEMP and who will be conducting the surveys;
3.	preventive maintenance practices to reduce or prevent fugitive emissions;
4.	the procedures and plans that will be used to meet the required frequency of fugitive emissions surveys and to complete repairs, indicating any deviations from the prescribed frequency and provide justification;
5.	techniques and equipment used for fugitive emissions surveys, including equipment make and model and any plans to use alternative technologies;
6.	calibration methods and equipment maintenance practices for equipment used for fugitive emissions surveys;
7.	training programs and certification completed by individuals conducting fugitive emissions surveys;
8.	description of how individuals will be trained and how often they will be retrained or recertified;
9.	internal procedures to track, manage, and verify the status of repairs;
10.	data management practices and systems to ensure that survey results trigger required repairs and that the repairs are captured for annual reporting; and
11.	provisions for continuous improvement of the FEMP, including how FEMP data will be used to evaluate program performance.

TWELFTH SCHEDULE — INCIDENT AND ACCIDENT REPORTING TEMPLATE
Text
Initial Report (to be submitted electronically)
A. Reporting Entity Details
i) Name of Owner/Operator:
Company Name:
License Number:
Environment Liability Policy:
ii) Incident Reporter
Mobile Number:
Designation:
iii) Contact Project proponent:
B. Incident Details
Incident Date (dd-mmm-yyyy)
Incident time (hh:mm)
Reporting Date (dd-mmm-yyyy)
Reporting Time (hh:mm)
Incident Reference Code
Criteria Triggering the Reporting of the incident*
A short and General Description of the incident
Initial response measure undertaken
Support Required from the Authority/ Government Agency
1. Loss of life or personal injury occasioned by entry into land for exploratory, survey, infrastructure development and maintenance activities;
2. Damage to property amounting to approximately Kes 1,000,000 and above, caused by any irregularity, trespass, or other wrongful proceedings occasioned by entry into land for exploratory, survey, infrastructure development and maintenance activities; or
3. Damage to property amounting to approximately Kes 1,000,000 and above, occasioned by the breaking of any petroleum infrastructure or by reason of any defect in such infrastructure

THIRTEENTH SCHEDULE — Regulation 152 & 165
Text
Incident/accident Report: Reported in writing within 48 hours.
Petroleum (Upstream and Midstream Environment, Safety and Health) Regulations, 2024
Notice of Accident or Incident
To: The Director General
Energy and Petroleum Regulatory Authority
ii. Contact Project proponent:
Contractor Name:
Name of person filing notice:
Contact details of person filing notice:
B. Incident/accident Details
Date: Time:
Nature of incident/accident
Description of the incident/accident
Measures taken to prevent the incident/accident
Measures taken to mitigate the effects of the incident/accident
Measures taken to secure the location from further incident/accident
Injuries (if applicable)
Injuries incurred? (Y/N) Total
Details of Injuries
Name of injured person
Nature of injuries
First aid application:
Person giving first aid:
Measures applied (including time):
Any additional details:

Casualties (if applicable)
Casualties occurred? (Y/N)	Total

Certificate of Seizure
Inspector (1)	Inspector (2)
Name:	Name:
Contact details:	Contact details:

Inspection Details
Reason for inspection:

FIFTEENTH SCHEDULE — OFFENCES, FINES AND PENALTIES
Regulation	Offence	Penalty
6,7,8	Contractor, permit holder or midstream operator failure to comply with a duty imposed to him	A fine of not more than Kshs. 500,000.00 or a term not exceeding 6 months or both
9, 87,	An employee who contravenes the provisions of these regulations	A fine of not more than Kshs. 50,000.00 or 3-months imprisonment or both

SIXTEENTH SCHEDULE — APPLICATION/PERMIT FEES
Regulation	Item	Fee in Ksh.
16	Safety Case Application	10,000,000
92	Permit to use hazardous substances	2,000,000
133	Disposal well permit	3,000,000
142	Flaring and Venting	20,000,000

C. Risk Assessment
Item	Text
(a)	identifies all hazards having the potential to cause an incident or accident including a detailed description of incident scenarios and possible causes such as operational, external or natural causes;
(b)	provides a detailed and systematic assessment of the risk associated with each of those hazards, including the likelihood and consequences of each potential incident or accident including a description of the conditions under which they might occur including a summary of the events which may play a role in triggering each of these scenarios;
(c)	where relevant, incorporates a review of past accidents and incidents with the same substances and processes used, consideration of lessons learned from the past accidents and incidents and explicit reference to specific measures taken to prevent such accidents; and
(d)	identifies the technical and other control measures that are necessary to reduce that risk to a level that is as low as reasonably practicable.

D. Safety management system
Item	Text
(a)	be comprehensive and integrated;
(b)	consider and provide for all activities that are likely to take place at, or in connection with, the facility; and
(c)	define appropriate technical measures such as those relating to:
(i)	design;
(ii)	construction;
(iii)	safety systems;
(iv)	choice of chemical products;
(v)	operation, maintenance, and systematic inspection of the installation;
(d)	define relevant organisational measures such as those relating to:
(i)	training and instruction of workers;
(ii)	supply of safety equipment;
(iii)	number of persons at the installation;
(iv)	working hours;
(v)	definition of responsibilities and control of workers and contractors;
(e)	establish emergency plans and procedures for the site;
(f)	provide for the continual and systematic identification of hazards to safety and health of persons at or near the facility;
(g)	provide for the continual and systematic assessment of:
(i)	the likelihood of the occurrence, during normal or emergency situations, of injury or occupational illness associated with those hazards; and
(ii)	the likely nature of such injury or occupational illness;
(h)	provide for inspection, testing and maintenance of the equipment and hardware that are the physical control measures for those risks;
(i)	provide for adequate communications between the facility and any relevant auxiliary facility, installation or mode of transport
(j)	specify the performance standards that apply
(k)	provide procedures for reporting incidents or accidents, particularly those involving failure of protective measures, and the conduct of investigation and addressing lessons learned
(l)	provide for any other matter that is necessary to ensure that the risk control measures meet the requirements and objects of these Regulations
(i)	risks arising during evacuation, escape and rescue in case of emergency; and
(ii)	risks arising from equipment and hardware.

Safety case for construction, installation, modification or decommissioning stage
Item	Text
(a)	the facility at that stage in the life of the facility; and
(b)	the activities that will, or are likely to, take place at, or in connection with, the facility during that stage in the life of the facility; and
(c)	to the extent that it is practicable—the facility and the activities that will, or are likely to, take place when the facility is in operation.

EIGHTEENTH SCHEDULE — Guidelines for the Evaluation of Environmental Liability Policy (continued)
	or species has to be assessed by reference to the conservation status at the time of the damage, the services provided by the amenities they produce and their capacity for natural regeneration. Significant adverse changes to the baseline condition should be determined by means of measurable data such as:
a.	the number of individuals, their density or the area covered,
b.	the role of the particular individuals or of the damaged area in relation to the species or to the habitat conservation, the rarity of the species or habitat (assessed at local, regional and higher level including at Community level),
c.	the species' capacity for propagation (according to the dynamics specific to that species or to that population), its viability or the habitat's capacity for natural regeneration (according to the dynamics specific to its characteristic species or to their populations),
d.	the species' or habitat's capacity, after damage has occurred, to recover within a short time, without any intervention other than increased protection measures, to a condition which leads, solely by virtue of the dynamics of the species or habitat, to a condition deemed equivalent or superior to the baseline condition.
2.	Damage with a proven effect on human health must be classified as significant damage. The following does not have to be classified as significant damage:
a.	negative variations that are smaller than natural fluctuations regarded as normal for the species or habitat in question,
b.	negative variations due to natural causes or resulting from intervention relating to the normal management of sites, as defined in habitat records or target documents or as carried on previously by owners or operators,
c.	damage to species or habitats for which it is established that they will recover, within a short time and without intervention, either to the baseline condition or to a condition which leads, solely by virtue of the dynamics of the species or habitat, to a condition deemed equivalent or superior to the baseline condition.

NINETEENTH SCHEDULE — Guidance on the contents of a Flaring and Venting Management Plan
1.	The Flaring and Venting Management Plan shall provide a projection of flaring and venting quantities and associated emissions over the lifetime of the installation with an associated plan of actions/projects/investments which the licensees plan to undertake to manage and minimise flaring and venting quantities and associated emissions. At a minimum, the documentation should contain:
(a)	a brief overview of the field and associated main facilities;
(b)	a detailed description of the plant commissioning philosophy and procedure, including gas export line commissioning should this be applicable, setting out steps to minimise flaring and venting;
(c)	the commissioning schedule;
(d)	a summary of the main flaring and venting assumptions and the greenhouse gas emission profiles of different commissioning strategies considered;
(e)	flaring and/or venting forecasts – on a daily basis and total quantities
(f)	sketches and figures should be as follows:
1)	high level field layout
2)	process flow diagram
3)	gas compression, dehydration, gas export and fuel gas system
2.	Throughout the oil and gas Lifecyle, the operator is required to provide weekly reports to the Authority detailing the following information relating to the previous week’s activity:
(a)	a short technical summary of the performance of the gas handling plant, highlighting any features which have affected or could affect the operation of the plant
(b)	an update on commissioning activity progress and main works planned
(c)	daily rates of oil production, gas production, gas export, gas used for fuel and of gas flare and/or vent
(d)	cumulative plots of production and flaring and venting compared to consented quantities for that period and a plot of associated emissions
(e)	gas compression plant uptime
3.	Applications made for annual consents exercise should contain the following information:
(a)	List of fields sending hydrocarbons to the terminal or similar site
(b)	Actual flaring and venting quantities from the previous year to the current year (i.e. 12 months historic quantities)
(c)	Expected flaring and venting quantity for the next year, broken down into the categories below
(d)	Summary of measures being considered or implemented to reduce flaring or venting and associated emissions throughout lifecycle activities, supported by, amongst other things, improved energy efficiency, continued focus on maintenance, and a high level of production efficiency
4.	Where flaring or venting is forecast to be in excess of consented levels, the Authority may request for and consider the following information:
(a)	a robust remediation plan and investment plan, with approved budget and timing, to revert to original consent rates
(b)	options for, or evidence of, curtailment of production to minimise flare and vent quantities and associated emissions – including scenarios that result in the temporary shut-in of production analysis on scenario emissions
(c)	evidence that export outages have been planned for and all other options have been appropriately considered by the operator, such as but not limited to:
i)	sheltering annual maintenance activities
ii)	planning activities where periods of zero production are required (e.g. annual maintenance shut downs) to align with known downstream/export outages
iii)	line pack
iv)	evidence of Managing Director (or equivalent) awareness of the issue, and operator request for variation request

Filed under: Legislation, 2025 · July 2025 · Energy and Petroleum Tribunal · Vol. CXXVII No. 150