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"content": "proposal by the Senate to have a nominee by the Council of Governors was rejected and we agreed to retain the Attorney-General on this Board. That is how we resolved Clause 10. Mr. Temporary Speaker, Sir, on Clause 20, Members unanimously resolved that Section 31 (d) of the principal Act be amended, so that the representative of the Council of Governors replaces that of the Non-Governmental Organizations (NGOs) to the Environmental Public Complaints Committee, so as to read as follows:- “One person who has demonstrated competence in environmental matters, nominated by the Council of County Governors and who shall be secretary to the complaints committee.” The Members of the National Assembly conceded to our amendment and we unanimously agreed that we will now have a member nominated by the Council of Governors to sit on the Public Complaints Committee. Mr. Temporary Speaker, Sir, on Clause 23, the National Assembly’s views were that it was practically not possible for NEMA to prepare a national environmental action plan within one year of the commencement of the Act and, secondly, the review of the said plan after three years was too soon and did not give enough time for implementation. The Senate on the other hand said that it was possible for NEMA to prepare the national environmental action plan within one year, since the document would be a reflection of the 47 county environmental action plans. The Senate also said that the county governments had the capacity to prepare the county action plan, since they had prepared the county integrated development plans in a period of one year, yet they are more involving to prepare. The Senate also said that it was important to consider that the implementation of the national environmental action plan was dependent on the Government in power, whose term was five years. It was on that basis that the five year period to prepare a new plan was arrived at. This matter was quickly resolved and Members unanimously agreed that Section 23 of the principal Act be amended in the proposed New Clause 37 (1) to read as follows:- “That the Authority shall within two years of the commencement of this Act and every six years thereafter formulate the national environment action plan and shall ensure that it has undertaken public participation before the adoption of the plan. The plan would be reviewed within three years of the commencement of this Act.” On that one, we struck a middle ground. Whereas they were going for six years, we settled for three years to review. Therefore, it was unanimously agreed by the Mediation Committee. Section 23 of the principal Act will be amended in the proposed New Clause 37 to read as follows:- “The Authority shall review the national environment action plan every three years.” Members agreed that the amendment by the Senate on Clause 25 of the Bill, as proposed in the new subsection 40 be adopted as follows:- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
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