Citation   

1.  These laws may be cited as the town council of Taveta (Quarrying) By-laws 2008.

2.  These By-laws unless the content otherwise requires:-

“Authorized Officer” includes the clerk, medical officer of health and any person acting under their authority;

“Clerk” means the clerk to the town council.

“Council” means the Town council of Taveta.

“Common minerals” means clay, country rock, ravel, lime, sand, slade, murram, brine, diatomite, Kaoline, building demission stone, ornamental stone, sodium and potassium compounds, slate and surface stone;

“Medical officer of health” means the medical officer of health for the area of jurisdiction of the council;

“Owner” means the owner of premises where quarrying operations are carried on, and includes any agent, contractor or servant of the owner, occupier or lessee of such premises;

“Permit holder” means a person to whom a permit has been granted under these By-laws;

“Quarry” means to make a hole or excavation for the purpose of removing common mineral for sale and includes the breaking or crushing of common minerals so removed;

“Dealer” means the person who buys and sells common minerals.

3.    No person shall carry out or cause quarrying operations to be carried out on land within the area of jurisdiction of the council except under, and in accordance with a permit issued by the clerk.

4.    (i)  Any person who wishes to carry out quarrying operations on land within the area of jurisdiction of the council and any sand dealer shall apply in writing to the clerk for the grant of a permit.

(2)    The clerk may require an applicant for a permit:-

(a)    to submit a plan of the site showing that area of land on which he proposes to quarry and a plan for the surrounding land, and

(b)    To furnish him with such other information as he may require.

(3)    Where the application for a permit is made by the owner of the land on which the quarrying operations are to be carried on, he owner shall state in his application whether the quarrying will be done by himself or some other person; and in later case shall give the name and address of that other person.

(4)    That the clerk may, on being satisfied that the quarrying operations are not detrimental to public health and safety, issue a permit to the applicant under such conditions as he may consider necessary.

5.    (1)     A permit holder shall maintain and keep at the quarrying site the quarry site plan, engrossments and other relevant documents and make them available for inspection by the clerk, medical officer of health or other authorized officer of the council.

(2)    Where the clerk is of the opinion that the permit holder has either by himself, his servant or agents commits a breach of or failed to comply with a condition subject to which the permit was issued he may without prejudice to the institution of proceedings against the permit-holder of the council.

6.    (1)  A permit holder shall maintain and keep at the quarrying site the quarry site plan, engrossments and other relevant documents and make them available for inspection by the clerk, medical officer of health or other authorized officer of the council.

(2)    For the purpose of this by-law, all relevant documents include orders and delivery books.

7.    Every permit holder shall:-

(a)    Provide housing, water supply and latrines of the type, quality and size approved by the medical officer of health for the persons working at the quarry;

(b)    At all times during the currency of the permit maintain the housing, water supply, latrines in a condition and state satisfactorily to the medical officer of health;

(c)    Maintain the land on which the quarrying operations are being carried on in a condition not detrimental to public health or safety.

(d)    Filling or drain all holes or excavations as and when required by, and to the satisfaction of the clerk or the medical officer of health.

(e)    Securely fence holes or excavations to the satisfaction of the clerk or other authorized officer of the council.

(f)    Comply with any special conditions which the clerk may endorse the permit.

8.    (1)  The clerk, medical officer of health or other authorized officer of the council may order a permit holder to stop the quarrying operations and close the quarry if it  appears to be that the quarry is in condition dangerous to human life or detrimental to public health and safety:

(2)    An order made under sub-rule (1) shall remain in force until the authorized officer is satisfied that the condition of the quarry has been satisfactorily improved.

9.    A permit holder shall, before vacating the quarrying site;-

(a)    Leave to the satisfaction of the clerk, the surface of the land which a buts upon the surface of the quarry in each condition and state as to prevent the dislodging of earth or rock from the surface by natural causes;

(b)    Fill in or drain all holes and excavations to the satisfaction of he medical officer of health.

10.    The council,  its officers, servants or agents may:-

(1)    Enter upon premises and carry out any inspection for the purpose of the enforcement of these by laws.

(2)    Execute work that may be necessary to remedy any breach or failure to comply with the provisions of these by laws or any of the conditions under which a permit has been issued.

(3)    Recover the expenses incurred in carrying out the work in (2) above from the owner of the premises.

11.    (1) Every permit holder shall pay the fees as per the latest gazetted council’s fees and charges.
(2)    Every common mineral dealer shall pay fees as per the latest gazetted council fees and charges for every tone of common mineral removed from the quarry.
(3)    Any person who is guilty of an offence under the provisions of these By-laws shall be liable:-

(a)    In the case of a first conviction for such offence, to a fine not less than two thousand Kenya shillings, or imprisonment for a term not less than six months, or to both such fine and imprisonment.

(b)    In the case of a second or subsequent conviction for such an offence, to a fine not less than three thousand Kenya shillings or imprisonment for a term not less than nine months, or to both such fine and imprisonment.