Extraordinary
FEDERAL REPUBLIC OF
NIGERIA
OFFICIAL GAZETTE
___________________________________________________________________________________
N0.92 Lagos
– 31st July, 2007 Vol.94
___________________________________________________________________________________
Government Notice No. 61
The following is published as Supplement to
this Gazette:
Act No. Short
Title page
25
National
Environmental Standards and Regulations
Enforcement
Agency(Establishment) Act, 2007 A635-655
Printed and Published by The Federal Government
Printer, Lagos, Nigeria
FGP 125/82007/1,000 (0L 90)
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NATIONAL ENVIRONMENTAL STANDARDS AND REGULATIONS
ENFORCEMENT AGNCY (ESTABLISHMENT) ACT, 2007
ARRANGEMENT OF SECTIONS
SECTION:
PART 1 – ESTABLISHMENT OF THE NATIONAL
ENVIRONMENTAL STANDARDS AND REGULATIONS ENFORCEMENT AGENCY
1.
Establishment
of National Environmental Standards and Regulations Enforcement Agency.
2.
Objectives
of the Agency.
3.
Establishment and composition of Council
4.
Tenure of
office
5.
Cessation
of membership
6.
Emolument,
etc, of members
PART II – FUNCTIONS AND
POWERS OF THE AGENCY AND COUNCIL
7.
Functions
of the Agency
8.
Powers of
the Agency
9.
Functions
of the Council
PART III – STRUCTURE OF THE AGENCY
10
Directorates
of the Agency
PART IV – STAFF OF THE AGENCY
11
Appointment
of Director –General and other staff of the Agency
12
Pensions
Act No.2 of 2004.
PART V—FINANCIAL PROVISIONS
13
Fund of
the Agency
14
Expenditure
of the Agency
15
Exemption
from the income tax
16
Annual
estimate
17
Accounts
and audit
18
Annual
report
19
Investment
20
Air
quality and atmospheric protection
21
Ozone
protection
22
Noise
23
Federal
water quality standards
24
Effluent
limitations.
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Enforcement Agency
(Establishment) Act
25
Environmental
sanitation
26
Land
resources and watershed quality
27
Discharge
of hazardous substance and related offences
28
Removal
methods, etc.
29
Co-operations
with appropriate authorities.
PART
VI – MISCELLANEOUS PROVISIONS
30
Power to enter premises
31
Offences
and penalties
32
Legal
Proceedings
33
Power of
Minister to give Directives
34
Power to
make regulations
35
Application
36
Repeal of
Cap. F10 LFN, 2004.
37
Interpretations.
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NATIONAL
ENVIRONMENTAL STANDARDS AND REGULATIONS
ENFORCEMENT AGENCY (ESTABLISHMENT) ACT, 2007
2007 ACT NO. 25
AN
ACT TO PROVIDE FOR THE ESTABLISHMENT
OF THE NATIONAL ENVIRONMENTAL STANDARDS
AND REGULATIONS
ENFORCEMENT AGENCY CHARGED WITH
RESPONSIBLITY FOR THE PROTECTION
AND
DEVELOPMENT OF THE ENVIRONMENT IN NIGERIA;
AND FOR RELATED MATTERS.
Commence
ment.
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(30th Day of July,2007)
ENACTED by the National Assembly of the Federal Republic of Nigeria ----
PART 1 – ESTABLISHMENT OF THE NATIONAL ENVIRONMENTAL STANDARDS
AND REGULATIONS ENFORCEMENT AGENCY
Establishment of
National Environmental Standards and Regulations Enforcement Agency .
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and Regulations Enforcement Agency (in this Act referred to as “the
Agency”).
(2) The Agency :
(a) shall be the enforcement Agency for environmental standards,
regulations,
rules, laws, policies and guidelines;
(b) shall be a body
corporate with perpetual succession and a common seal; and
(c) may sue and be sued in
its corporate name.
Objectives of
the Agency
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2.The Agency, shall,
subject to the provisions of this Act, have responsibility
for the protection and development of the
environment, biodiversity conservation
and sustainable development of Nigeria’s natural
resources in general and enviromental technology, including coordination and
liaison with relevant
stakeholders within and outside Nigeria on matters of enforcement of
environmental
standards, regulations, rules, laws, policies and
guidelines.
Establishment and composition of Council.
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3.---(1) There is established for the Agency, a Governing Council (in this Act
referred to as the “Council”) which shall consist of--
(a) a Chairman who shall be appointed by the
President, on the
recommendation of the Minister;
(b) the Permanent Secretary of the Federal
Ministry of Environment or his
representative;
(c) a
representative each, not below the rank of Director from the----
(i)
Federal Ministry of Solid Minerals Development,
(ii) Federal Ministry of
Agriculture and Natural Resources,
(iii)
(iv) Federal Ministry of Science and
Technology,
(v)
a representative of the Standards Organisation
of Nigeria,
(vi) a representative of the
Manufacturers’ Association of Nigeria,
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Enforcement Agency (Establishment) Act
(vii)
a representative of the Oil Exploratory and
Production Companies in Nigeria;
(d) the Director
–General of the Agency; and
(e) three other
persons to represent public interest, to be appointed by the
Minister of Environment.
(2) A member of the Council, other than the Chairman, shall be appointed
by the Minister on the recommendation of the body, if any, he represents.
(3) With the exception of the
Director-General, membership of the Council shall be on part-time basis.
Schedule.
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Tenure of office.
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Cessation of
membership.
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5 - (1) The office of a member of the Council
shall become vacant if:
(a) he resigns as a
member of the Council by notice in writing under his hand addressed to the
Minister ; or
(b)
the Minister subject to the approval of the President, is satisfied that it is
not in the interest of the Agency for the person appointed to continue in
office and notifies the member in writing to that effect.
(2)
If it appears to the Council that
a member of the Council, other than ex-officio member or the Director-General,
shall be removed from office on the grounds of misconduct or inability to
perform the functions of his office, the Council shall make a recommendation to
the Minister.
(3)
Emolument, etc of
members.
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6. The Chairman and members of
the Council shall be paid such emoluments, allowances and benefits in
accordance with the existing regulations on such payment.
PART
II – FUNCTIONS AND POWERS OF THE AGENCY AND COUNCIL
Functions of the
Agency.
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(a) enforce compliance with laws,
guidelines, policies and standards on
environmental matters;
(b) coordinate and liaise with stakeholders,
within and outside Nigeria, on matters of environemental standards, regulations
and enforcement;
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Enforcement Agency (Establishment)Act
(c) enforce compliance with the provisions of international agreements,
protocols, conventions and treaties on the environment, including climate
change, biodiversity, conservation, desertification, forestry, oil and gas,
chemicals, hazardous wastes, ozone depletion, marine and wild life, pollution,
sanitation and such other environemntal agreements as may from time to time
come into force;
(d) enforce compliance with policies, standards, legislation
and guidelines on water quality, environmental health and sanitation, including
pollution abatement;
(e) enforce compliance with guidelines and legislations
on sustainble management of the ecosystem, biodiversity conservation and the
development of Nigeria’s natural resources;
(f) enforce compliance with any legislation on sound
chemical management, safe use of pesticides and disposal of spent packages
thereof;
(g) enforce compliance with regulations on the
importation, exportation, production, distribution, storage, sale, use,
handling and disposal of hazardous chemicals and waste other than in the oil
and gas sector;
(h) enforce through compliance monitoring, the
environmental regulations and standards on noise, air, land, seas, oceans and
other water bodies other than in the oil and gas sector;
(i) ensure that environmental projects funded by donor
organisations and external support agencies adhered to regulations in
environmental safety and protection;
(j) enforce environmental control measures through
registration, licencing and permitting systems other than in the oil and gas
sector;
(k) conduct environmental audit and establish data bank
on regulatory and enforcement mechanisms of environmental standards other than
in the oil and gas sector;
(l) create public awareness and provide environmental
education on sustainable environmental management, promote private sector
compliance with environmental regulations other than in the oil and gas sector
and publish general scienctific or other data resulting from the performance of
its functions;
(m) carry out such activities as are necessary or
expedient for the performance of its functions.
Powers of the
Agency.
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(a)
purchase or take on lease any interest in land, building or property;
(b)
build, equip and maintain the offices and premises for the performance of its
functions under this Act;
(c)
lease out any office or premises held by it, which is no longer required;
(d)
prohibit processess and use of equipment or technology that undermine
environmental quality;
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Enforcement Agency
(Establishment) Act.
(e) conduct field follow-up
compliance with set standards and take procedures prescribed by law against any
violator;
(f) subject to the
provisions of the Constitution of the Federal Republic of Nigeria, 1999, and in
collaboration with relevant judicial authorities establish mobile courts to
expeditiously dispense cases of violation of environmental regulations:
(g) conduct public
investigations on pollution and the degradation of natural resources, except
investigations on oil spillage;
(h) open and operate
ordinary and domiciliary accounts for the Agency in recognized banking
institutions in Nigeria;
(i) borrow by
overdraft or otherwise, with the approval of the Minister, such sums as it may
require for the performance of its functions under this Act;
(j) accept gifts of
land, money or other property, upon such terms and conditions, if any as may be
specified by the person or organisation making the gift, as long as such
conditions are consistent with the functions of the Agency;
(k) submit for the approval of the
Minister, proposals for the evolution and review of existing guidelines,
regulations and standards on environment other than in the oil and gas sector
including---
(i)
atmostperic protection,
(ii) air quality
(iii)
ozone depleting substances,
(iv)
noise control,
(v)
effluent limitations,
(vi)
water quality,
(vii)
waste management and environmental sanitation,
(viii) erosion and flood control,
(ix) coastal zone management,
(x)dams
and reservoirs,
(xi)watershed
(xii)deforestation and bush burning,
(xiii)other forms of pollution and sanitation, and
(xiv)control of hazardous substances and removal control methods.
(l) develop
environmental monitoring networks, compile and synthesize environmental data
from all sectors other than in the oil and gas sector at national and
international levels;
(m) undertake,
coordinate, utilize and promote the expansion of research experiments, surveys
and studies by public or private agencies, institutions and organisations
concerning causes, effects, extent, prevention, reduction and elimination of
pollution and such other matters related to environmental protection and
natural resources conservation other than in the oil and gas sector as the
Agency may, from time to time, determine;
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Enforcement Agency (Establishment) Act
(n) enter into agreement and contracts with
public or private organizations and individuals to develop, utilize, coordinate
and share ennvironmental monitoring programmes, research effects, and basic
data on chemical, physical and biological effects of various activities on the
environment and other environmental related activities other than in the oil
and gas sector;
(o) in collaboration
with othe relevant agencies and with the
approval of the Minister, establish programmes for setting standards and
regulations for the prevention, reduction and elimination of pollution and
other forms of environmental degradation in the nation’s air, land, oceans,
seas and other water bodies and for restoration and enhancement of the nation’s
environment and natural resources;
(p) collect and make
available , through publications and other appropriate means and in
co-operation with public or private organisations, basic scientific data and
other information pertaining to environmental standards;
(q) charge fees for
tests, investigations and other services performed by the Agency;
(r) develop and
promote such processes, methods, devices and materials as may be useful or
incidental in carrying out the purposes and provisions of this Act; and
(s) do such other
things other than in the oil and gas sector as are necessary for the efficient
performance of the functions of the Agency.
Functions of
the Council.
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9. The
Council shall----
(a)
be responsible for the
appointment, promotion and discipline of the staff of the agency;
(b)
advise the Agency with regard to
financial, operational and administrative matters;
(c)
establish committees as may be
expedient which shall be charged with specific functions;
(d)
encourage and promote activities
related to the functions of the Agency; and
(e)
carry out such other activities as
may be directed by the Minister.
PART III--- STRUCTURE OF THE AGENCY
Directorates
of the Agency.
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10—(1) The Agency
shall have----
(a)
Directorate of Administration and
Finance;
(b)
Directorate of Planning and Policy
Analysis;
(c)
Directorate of Inspection and
Enforcement;
(d)
Directorate of Environmental
Quality Control; and
(e)
Directorate of Legal Services.
(2) Each Directorate shall be headed by a
Director.
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Enforcement Agency
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(3) The Director of the Directorate of Legal
Services shall also function as the Legal Adviser to the Agency.
(4) The Agency and its
Directorates shall have adequate numbers of units and divisions as may be
required in the discharge of the functions of the Agency.
(5) The Agency shall
have zonal offices in the six (6) geopolitical zones of the country.
(6) The Agency may
create such other departments, units or offices in any part of the Federation
as may be required for the proper performance of the functions of the Agency.
PART
IV--- STAFF OF THE AGENCY
Appointment
of
Director-General and other staff
of the
Agency.
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11.---(1) The
Director-General of the Agency shall be appointed by the President on the
recommendation of the Minister.
(2) The Director-General shall;
(a) be the Chief Executive and Accounting
Officer of the Agency;
(b) be responsible for the day-to-day
administration of the Agency;
(c) be a person with good working knowledge of
the environment and with a minimum of 15 years postgraduate experience in
environmental management or related discipline;
(d) hold office for a period of 4 years on such
terms and conditions as may be specified in his letter of appointment and be
eligible for re-appointment for another period of 4 years and no more.
(3)The Agency shall, from time to time, appoint
such other persons as members of staff of the Agency as it may deem necessary,
to assist the Agency in the performance of its functions under this Act.
(4) The appointment of
staff in the junior cadre, shall be made by the Director-General while the
appointment in the senior cadre, shall be made with the ratification and
approval of the Council.
(5) The members of
staff of the Agency appointed under subsection (3) of this section shall be
appointed on such terms and conditions of service (including remuneration,
allowances, benefits and pensions) as determined by the government.
(6) The promotion of
staff in the junior cadre shall be as recommended by the Junior Staff Committee
to the Director-General for ratification and approval.
(7) The promotion of
staff in the senior cadre shall be as recommended by the Senior Staff Committee
to the Council for ratification and approval.
Pensions
Act No. 2
of 2004
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12.—(1) The Service in the Agency shall be approved
service for the purposes of the Pension Reform Act and, accordingly, officers
and other persons employed in the Agency shall be entitled to pensions, and
other retirement benefits as are prescribed thereunder.
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National
Environmental Standards and Regulations 2007 No. 25 A
Enforcement Agency
(Establishment) Act
(2) Notwithstanding the provisions of subsection (1) of this section,
the Agency may appoint a person to any office on terms, which preclude the
grant of a pension or other retirement benefits in respect of that office.
(3) For the purpose of
the Pension Reform Act, any power exerciseable thereunder by a Minister or
other authority of the Government of the Federation, other than the power to
make regulations under section 34 of this Act is vested in and shll be
exercised by the Agency and not by any other person or authority.
Fund of the
Agency.
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13.---(1) The
Agency shall establish a Fund from which shall be defrayed all expenditure
incurred by the Agency for the purposes of this Act.
(2) There shall be
paid and credited to the Fund of the Agency;
(a) adequate take off
grant from the Federal Government;
(b)annual subventions
and budgetary allocations from the Federal Government;
(c) loans and grants
in aid from national, bilateral and multilateral agencies;
(d)counter part
funding as may be provided from time to
time;
(e)all sums accruing
to the Agency by way of rents, fees and other internally generated revenues
from services rendered by the Agency, and
(f) all sums accruing
to the Agency by way of gifts, endowments, bequeaths or other voluntary
contributions by persons and organisations.
Expenditure
of the
Agency.
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14. The Agency
shall, from time and time, apply the funds at its disposal to—
(a) the cost of establishing and maintaining the
Head Office of the Agency at the Federal Capital Territory, Abuja and its
offices located in other places in
Nigeria;
(b) the cost of
compliance monitoring and enforcement activities;
(c) pay allowances and
other benefits of members of the Council and of its committees;
(d)pay the salaries
and entitlements of the Director-General and other members of staff of the Agency;
(e)pay the personnel,
overhead, allowances, pensions, gratuities, benefits and other administrative
costs of the Agency;
(f) pay for attendance
at local and international conferences related to its functions;
(g)build capacity of
members of staff of the Agency;
(h) publicize and
promote the activities of the Agency;
(i)attend national and
Internations scientific and professional seminars on environmental matters;
(j)develop and
maintain any property vested in or owned by the Agency;
(k)pay for services
and contracts entered into by the Agency; and
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Enforcement Agency
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(l) undertake any other activity in connection with all or any of the
functions of the Agency;
Exemption
from incom
tax.
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15. All income
derived by the Agency from the sources specified in section 13(2) of this Act
shall be exempted from income tax and all contributions to the fund of the
Agency shall be tax deductible.
Annual Estimate.
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Accounts and
Audit.
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(2) The accounts of
the Agency shall be audited, not later than six months after the end of the
year to which it relates, by auditors appointed by the Agency from the list and
in accordance with the guidelines supplied by the Auditor-General of the
Federation.
Annual
Report.
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18. The Agency
shall prepare and submit to the Federal Executive Council, through the
Minister, not later that 30th June in each year, a report on the activities of
the Agency during the immediate preceeding year, and shall include in such
report, a copy of the audited accounts of the Agency for that year and the
auditors report.
Investment.
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Air quality and
atmosphere protection.
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20.---(1) The
Agency may make regulations setting specifications and standards to protect and
enhance the quality of Nigeria’s air resources, so as to promote the public
health or welfare and the natural development and productive capacity of the
nations’ human, animal, marine or plant life including, in particular;
(a)
minimum essential air quality
standards for human, animal, marine or plant health;
(b)
the control of concentration of
substances in the air which separately or in combination are likely to result
in damage or deterioration of property or of human, animal, marine or plant
health;
(c)
the most appropriate means to
prevent and combat various atmospheric pollution;
(d)
control of atmospheric pollution
originating from energy sources, including that produced by aircraft and other
self-propelled vehicles, industries, factories and power generating situations
or facilities;
(e)
standards applicable to emissions
from any new mobile or stationary source which in the Agency’s judgement causes
or contributes to air pollution which may reasonably be anticipated to endanger
public health or welfare;and
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Enforcement Agency (Establishment)
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(f)
the use of appropriate means to
reduce emission to permissible levels
(2) The Agency may establish monitoring stations
or network to locate sources of atmospheric pollution and determine their
actual or potential danger.
(3) A person who violates
the regulations made pursuant to subsection (1) of this section commits an
offence and shall on conviction, be liable to a fine not exceeding N200,000 or
to imprisonment for a term not exceeding one year or to both such fine and
imprisonment and an additional fine of N20,000 for every day the offence
subsists.
(4) Where an offence
under subsection (1) of this section is committed by a body corporate, it shall
conviction be liable to a fine not exceeding N2,000,000 and an additional fine
of N50,000 for every day the offence subsists.
Ozone protection
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21.---(1) The
Agency shall in collaboration with other relevant agencies undertake to study
data and recognize development in force in other countries regarding the
cumulative effects of all substances, practices, procesess and activities which may affect the stratosphere.
(2) The Agency shall,
in collaboration with other relevant agencies, embark on programmes for the control of any substance,
practice, process or activity which may reasonably be anticipated to affect the
stratosphere, especially ozone in the stratosphere, when such effects may reasonably
be anticipated to endanger public health or welfare.
(3) Where an offence
under subsection (2) of this section is committed by a body corporate, it shall
on conviction, be liable to a fine not exceeding N2,000,000 and an additional
fine of N50,000 for every day the offence subsists.
Noise.
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22.—(1) The Agency shall, on the commencement of this Act, in consultation with appropriate authorities:
(a)
identify major noise sources,
noise criteria and noise control technology; and
(b)
make regulations on noise,
emission, control, abatement, as may be necessary to preserve and maintain
public health and welfare.
(2) The Agency shall enforce compliance with
existing regulations and recommend programmes to control noise originating from
industrial, commercial, domestic, sports, recreational, transportation or other
similar activities.
(3) A person who
violates the Regulations made pursuant to sub-section (1) of this section
commits an offence and shall on conviction be liable to a fine not exceeding
N50,000 or to imprisonment for a term not exceeding one year or to both such
fine and imprisonment and an additional fine of N5,000 for every day the
offence subsists.
(4)
Where an offence under subsection
(3) of this section is committed by a body corporate, it shall on conviction be
liable to a fine not exceeding N500,000 and an additional fineof N10,000 for
every day the offence subsists
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Federal water
quality standards.
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(2) In drawing up
proposals for such regulations and standards, the Agency shall take into
consideration the use and value of public water supplies, propagation of marine
and wildlife, recreational purposes, agricultural, industrial and other
legitimate use.
(3) A person who
violates the provisions of the regulations made pursuant to subsection (1) of
this section, commits an offence and shall on conviction, be liable to a fine
not exceeding N50,000 or to imprisonment for a term not exceeding one year or
to both such fine and imprisonment and an additional fine of N5,000 for every
day the offence subsists.
(4) Where an offence
under subsection (1) of this section is committed by a body corporate,it shall
on conviction, be liable to a fine not exceeding N50,000 and an additional fine
of N10,000 for every day the offence subsists.
Effluent
limitations.
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(2) The Agency shall,
on the commencement of the Act, review effluent limitations for existing point
sources which shall require the application of the best management practices, under
circumstances as determined by the Agency, and shall include, schedules of
compliance for installation and operation of the best practicable control
technology as determined by the Agency.
3) Notwithstanding the
existing regulations in force, other than in the oil and gas sector, the Agency
may make regulations on effluent limitations, on existing and new point
sources, for the protection of human, animal, marine and plant life.
(4) A person who
violates the provisions of the regulations made pursuant to subsection (3) of
this section, commits an offence and shall on conviction, be liable to a fine
not exceeding N200,000 or to imprisonment for a term not exceeding 2 years or
to both such fine and imprisonment and an additional fine of N5,000 for every
day the offence subsists.
(5) Where an offence
under subsection (3) of this section is committed by a body corporate, it shall
on conviction, be liable to a fine, not exceeding N1,000,000 and an additional
fine of N50,000 for every day the offence subsists.
Environmental
sanitation.
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25.---(1) The
Agency may make regulations for the purpose of protecting public health and
promotion of sound environmental sanitation.
(2) A person who
violates the provisions of the regulations made pursuant to sub-section (1) of
this section shall be guilty of an offence and punished under the penalties
imposed in the regulations made pursuant thereto.
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Land resources and
watershed quality.
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26.—(1) The Agency
may make regulations, guidelines and standards for the protection and
enhancement of the quality of land resources, natural watershed, coastal zone,
dams and reservoirs including prevention of flood and erosion, to serve the
purpose of this Act.
(2) In drawing proposals for such regulations,
guidelines or standards, the Agency shall take into consideration the Zoning
Acts, Municipal Development Guidelines and Building Codes to prevent sitting of
essential facilities on flood plain.
(3) A person who violates the provisions of the
regulations made pursuant to subsection (1) of this section, commits an offence
and shall on conviction, be liable to a fine not exceeding N200,000 or to
imprisonment for a term not exceeding one year or to both such fine and
imprisonment and an additional fine of N10,000 for every day the offence
subsists.
(4) Where an offence under subsection (1) of
this section is committed by a body corporate,it shall on conviction, be liable
to a fine not exceeding N1,000,000 and an additional fine of N50,000 for every
day the offence subsists.
Discharge of
hazardous
subtances
and related
offences.
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(2) A person who violates the provisions of
subsection (1) of this Section, commits an offence and is liable on conviction,
to a fine , not exceeding N1,000,000 or to imprisonment for a term not
exceeding 5 years.
(3) Where an offence under subsection (1) of
this section is committed by a body corporate, every person who at the time the
offence was committed was in charge of the body corporate shall be deemed to be
guilty of such offence and shall be liable to be proceeded against and punished
accordingly provided that nothing contained in this subsection shall render any
person liable to any punishment,if he proves that the offence was committed
without his knowledge or that he exercised all due diligience to prevent the
commission of such offence.
(5) Notwithstanding the provisions of this
section or any other sections of this Act, the provisions of the Harmful Waste
(Special Criminal Provisions, etc) Act shall apply in respect of any hazardous
substance constituting harmful waste as defined in section 37 of this Act.
Removal Method etc.
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23. The Minister
for the purpose of implementing the provisions of this Act, shall by
regulations prescribe any specific removal method, financial responsibility
level for owners or operators of vessels,or onshore or offshore facilities
notice and reporting requirements
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Co-operation
with
appropriate authorities.
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Powers to enter
premises
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30—(1) An officer of the Agency
may, in the course of his duty, at any reasonable time and on production of his certificate of
designation if so required:
(a) enter and search with a warrant issued by a court,
any premises including land, vehicle, tent, vessel, floating craft except
Maritime Tankers, Barges or Floating Production, Storages, Offload (FPSO) and
oil and gas facilities or any inland water and other structures, at all times,
for the purpose of conducting, inspection, searching and taking samples for
analysis which he reasonably believes, carries out activities or stores goods
which contravene environmental standards or legislation.
(b) examine any article found pursuant to paragraph (a)
of this subsection which appears to him
to be an article to which this Act or the regulations made under apply or
anything which he reasonably believes is capable of being used to the detriment
of the environment;
(c) take a sample or specimen of any article to which
this Act or the regulations apply or which he has power to examine under
paragraph (b) of this subsection;
(d) open and examine, pursuant to paragraph (a) of this
subsection, any container or package which he reasonably believes may contain
anthing to which this Act or its regulations apply or which may help in his
investigations;
(e) examine any book, document or other record found
pursuant to paragraph (a) of this subsection, which he reasonably believes may
contain any information relevant to the enforcement of this Act or the
regulations and make copies thereof or extracts there from;
(f) seize and detain for such time as may be necessary
for the purpose of this Act, any article by means of or in relation to which he
reasonable believes any provision of this Act or the regulations has been
contravened; and
(g) obtain an order of a court to suspend activities, seal
and close down premises including land, vehicle, tent, vessel, floating craft
or any inland water and other structure whatsoever.
(2) A written receipt shall be given for any article or
thing seized under subsection (1) of this section and the reason for such
seizure shall be stated on such receipt.
(3) An article seized under this Act shall be kept or
stored in such a place as the officer of the Agency may direct and shall be
returned to the owner or the person from whom it was seized if the article upon
analysis or examination is found to conform with the requirements of this Act
or regulations made under it.
(4) An article other than in the oil and gas sector,
seized by an officer of the Agency in pursuance of this Act or the regulations
made under it, may be submitted
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to an analyst for
analysis or examination and the analyst upon making such analysis or
examination shall, issue a ceritifcate or report in the prescribed form,
setting forth the result of such analysis or examination and the officer of the
Agency shall, on demand, deliver a copy of such certificae or report to the
owner of the article if the article is to be the subject of a proceeding under
this Act or regulations thereunder.
(5)
In this section, the expression “article” to which this
Act or regulations made under it apply are :
(a)
liquid, soil, vegetation;
(b)
biological and chemical samples;
(c)
particulate filters, air quality gauges; and
(d)
such other articles or samples as may be determined by
the Agency.
Offences and penalties.
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Legal Proceedings.
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32.—(1) A suit
shall not be commenced against the Agency before the expiration of a period of one month, after written notice of
intention to commence the suit shall have been served on the Agency by the
intending plaintiff or his agent and the notice shall clearly state the:
(a)
cause of action;
(b)
particulars of claim;
(c)
name and place of abode of the
intending plaintiff; and
(d)
relief which he claims.
(2) The notice referred to in subsection (1) of
this section and any summons, notice or other ducument required or authorized
to be served on the Agency under the provisions of this Act or any other
enactment or law may be served by---
(a)
delivery the same to the office of
the Director-General; or
(b)
sending it by registered post
addressed to the Director-General at the Head Office of the Agency.
(3) Subject to the provisions of section 174 of
the Constitution of the Federal Republic of Nigeria 1999, (which relates to the
power of the Attorney-General of the Federation to institute , continue or
discontinue criminal proceedings against any person in a court of law), an
officer of the Agency may, with the consent of the Attorney-General of the
Federation, conduct criminal proceedings in respect of offences under this Act
or regulations made under this Act.
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(4) In a judicial proceeding for an offence
under this Act or any regulation made under it, the provisions of the Criminal
Procedure Act or depending on the venue, the Criminal Procedure Code shall,
with such modification as the circumstance may require, apply in respect of
such matter to the same extent as they apply to the trial offences generally.
Power of
Minister to
give
directives.
|
33. The Minister
may give directives of a general or special nature to the Agency relating to
its functions under this Act, and the Agency shall comply and give effect to
the directives.
Power to
make
regulations.
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34. The Minister
shall make regulations:
(a) to prescribe the
methodologies for private sector payments into the fund of the Agency;
(b) to prescribe the
fees to be paid for services rendered by the Agency;
(c) generally for the
purposes of carrying out or giving full effects to the functions of the Agency
under this Act.
Application
Cap 123 LFN
2004.
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Repeal of
Cap F 10
LFN,2004.
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Interpretation.
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“Agency” means the
National Environmental Standards and Regulations Enforcement Agency established
under section 1 of this Act;
“Appropriate authorities” means
any government agency which has jurisdiction over the land or water affected by
the pollution or any government agency which ordinarily has jurisdiction or any
government over the operation which led to the pollution;
“Authorised authorities or officer” means any employee of the Agency
any Police officer not below the rank of Inspector of Police or any custom
officer;
“Chairman” means the Chairman of the Agency appointed under section 3
(1) 1999;
“Constitution” means the Constitution of the Federal Republic of
Nigeria, 1999;
‘’Court’’ means the Federal or State High Court;
“Council” means the Council of the Agency established under section 3
of this Act;
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“Disposal” includes
both land based disposal and dumping in waters and air space of Nigeria;
“Effluent limitation” means any restriction
established by the Agency of quantities, rates and concentration of chemical,
physical, biological or other consutituents which are discharged from point
sources into the waters in Nigeria;
“Environment” includes water, air, land and all
plants and human beings or animals living therein and the inter-relationships
which exist among these or any of them;
“Hazardous substances” means any chemical,
physical or biological radioactive materials that poses a threat to human health
and the environment or any such substance regulated under international
conventions to which Nigeria is a party or signatory e.g. Montreal Protocol,
Rotterdam Convention, Stockholm Convention etc.
And includes any substance designated as such by the President of the
Federal Republic of Nigeria by order published in the Federal Gazette;
“He” means male or female gender;
“Member” means a member of the Council and
includes the Chairman;
“Minister” means the Minister charged with the
responsibility of the environment;
“New source” means any source, the construction
of which is commenced after the publication of any regulations prescribing a
standard to such source;
“Officer” means qualified persons employed to
act in that capacity by the Agency;
“Offshore facility” means any facility
(including but not limited to motor vehicles and rolling stock) of any kind
located over, in, or under any land within Nigeria other than submerged land;
“Owner” or “Operator” means, in the case of---
(a)
vesel, any person owning,
operating or chartering by demise such vessel;
(b)
an onshore facility or an offshore
facility, any person owning or operating such onshore facility or offshore
facility; and
(c)
any abandoned offshore facility,
the person who owned or operated such facility immediately prior to such
abandonment;
“point source” means any discernible, confined and
discrete conveyance, including but not limited to any pipe, ditch, channel,
tunnel, conduct, well, discrete fissure, container, rolling stock, concentrated
animal feeding operation or vessel or other floating craft from which
pollutants are or may be discharged;
“President” means the President of the
Federal Republic of Nigeria;
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“Pollution” means man-made or man-aided
alteration or chemical, physical,or biological quality of the environment
beyond acceptable limits and “pollutants” shall be construed accordingly;
“Removal” means
removal of hazardous substances from the environment of Nigeria or the taking
of such action as may be necessary to minimize or mitigate damage to the public
health or welfare, ecology and natural resources of Nigeria;
“Stratosphere” means
the part of the atmosphere above the troposphere;
“Water of Nigeria”
means all water resources in any form including atmospheric , surface and
sub-surface, and under ground water resources where the water resources are
interstate, or in the Federal Capital Territory, Territorial Waters, Exclusive
Economic Zone or in any other area under the jurisdiction of the Federal
Government of Nigeria.
Citation.
|
38.This Act may be
cited as the National Environmental Standards and Regulations Enforcement
Agency (Establishment) Act, 2007.
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SCHEDULE Section
3(5)
Procedings of the Council
1.---(1)
Subject to the provisions of this Act and section 27 of the Interpretation Act,
the Council may make standing orders regulating its proceedings or those of any
of its committees.
(2) The quorum of the
Council shall be the Chairman or the person presiding at the meeting and 5
other members of the Council including the Director-General, and the quorum of
any committee of the Council shall be as determined by the Council
2.---(1) The Council
shall meet whenever it is summoned by the Chairman and if the Chairman is
required to do so by notice given to him by not less than 8 other members, he
shall summon a meeting of the Council to be held within 14 days from the date on
which the notice is given.
(2) At any meeting of
the council, the Chairman shall preside but if he is absent, the members
present at the meeting shall appoint one of them to preside at the meeting.
(3) Where the Council
desires to obtain the advice of any person on a particularr matter, the Council
may co-opt him to the Council for such period as it deems fit, but a person who
is in attendance by virtue of this sub-paragraph shall not be entitled to vote
at any meeting of the Council and shall not count towards a quorum.
3.----(1) The Council
may establish one or more committees to carry out, on behalf of the Council,
such functions as the Council may determine.
(2) A committee
established under this paragaph shall consist of such number of persons as may
be determined by the Council and a person shall hold office on the committee in
accordance with the terms of his appointment.
(3) A decision of a committee of the council
shall be of no effect untill it is ratified by the Council.
4.---(1) The fixing of the seal of the Agency shall be
authenticated by the signature of the Chairman, the Director-General or any
person generally or specifically authorized by the Council to act for that
purpose.
(2) A contract or
instrument which, if made or executed by a person not being a body corporate,
would not be required to be under seal may be made or executed on behalf of the
Agency by the Director-General or any person generally or specifically
authorized by the Council to act for that purpose.
(3) A document
purporting to be a document duly executed under the seal of the Agency shall be
received in evidence and shall, unless and untill the contrary is proved, be
presumed to be so executed.
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4. The
validity of any proceedings of the Council or of a committee shall not be
adversly affected by ----
(a)
a vacancy in the membership of the
council or committee;
(b)
a defect in the appointment of a
member of the Council or committee; or
(c)
reason that a person entitled to
do so took part in proceedings of the Council or committees.
I Certify, in accordance with Section 2 (1) of
the Acts Authentication Act, Cap. A2, Laws of the Federation of Nigeria 2004,
that this is a true copy of the Bill passed by both Houses of the National
Assembly.
NASIRU
IBRAHIM ARAB,
Clerk
to the National Assembly
19th
Day of July, 2007.
EXPLANATORY
MEMORANDUM
This Act establishes the National
Environmental Standards and Regulations Enforcement Agency for the effective
enforcement of standards, Regulations and all national and international
agreements, treaties, conventions and protocols on environment to which Nigeria
is a signatory.
SCHEDULE
TO NATIONAL ENVIRONMENTAL STANDARDS AND REGULATIONS
ENFORCEMENT AGENCY (ESTABLISHMENT) BILL, 2007
(1)
Short Title of
The Bill
|
(2)
Long Title of the Bill
|
(3)
Summary of the Contents of the Bill
|
(4)
Date passed by the Senate
|
(5)
Date passed by the House of Representatives
|
National Environmental Standards and
Regulations Enforcement Agency (Establishment) Bill, 2007.
|
An Act to provide for the establishment of
the National Environmental Standards and Regulations Enforcement Agency
charged with responsibility for the protection of the environment in Nigeria;
and for related matters.
|
This Bill provides for the establishment of
the National Environment Standards and Enforcement Agency charged with
responsibility for the protection and development of the environment in
Nigeria.
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17th May, 2007.
|
30th May, 2007
|
I certify that this Bill
has been carefully compared by me with the decision reached by the National
Assembly and found by me to be true and
correct decision of the Houses and is in accordance with the provisions
of the Act Authentication Act Cap. 4, Laws of the Federation of Nigeria, 1990
NASIRU IBRAHIM ARAB
Clerk
of the National Assembly
I ASSENT
LS
|
LS
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UMARU MUSA YARADUA, GCFR
President
of the Federal Republic of Nigeria
30th Day of July, 2007.
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