Environmental restoration order issued by court and NEMA
Similarities and differences between an environmental restoration order issued by NEMA and that issued by a court of law
Similarities
• Both are geared towards protecting the environment from harm
• Both orders stop environmental harm immediately
• Both have similar contents as prescribed in EMCA Cap 387 section 108(4)
Differences
• NEMA orders are issued by the environmental inspectors
• A court order is issued when a person institutes proceedings to the court that the environment has been harmed or is likely to be harmed.
• NEMA may implement an order and claim the money from the person issued with the order as civil debt while the court cannot implement an order.
Ref: EMCA Section 109, 110, 111
Question
Similarities
• Both are geared towards protecting the environment from harm
• Both orders stop environmental harm immediately
• Both have similar contents as prescribed in EMCA Cap 387 section 108(4)
Differences
• NEMA orders are issued by the environmental inspectors
• A court order is issued when a person institutes proceedings to the court that the environment has been harmed or is likely to be harmed.
• NEMA may implement an order and claim the money from the person issued with the order as civil debt while the court cannot implement an order.
Ref: EMCA Section 109, 110, 111
Question
Why are restoration orders important in environmental management?