The Law Governing Environmental Impact Assessment (EIA) Practice In Nigeria
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| Jonathan |
Environmental Impact Assessment Decree
No 86 of 1992
Laws of the Federation of Nigeria
10th December1992
The
Federal Military Government hereby decrees as follow: -
Part I
General Principles of Environmental Impact
Assessment
1.
The objectives of any environmental Impact assessment (hereafter in this Decree
referred to as "the Assessment") shall be -
(a)
to
establish before a decision taken by any person, authority corporate body or
unincorporated body including the Government of the Federation, State or Local
Government intending to undertake or authorise the undertaking of any activity
that may likely or to a significant extent affect the environment or have
environmental effects on those activities shall first be taken into account;
(b)
to
promote the implementation of appropriate policy in all Federal Lands (however
acquired) States and Local Government Areas consistent with all laws and
decision making processes through which the goal and objective in paragraph (a)
of this section may be realised;
(c)
to
encourage the development of procedures for information exchange, notification
and consultation between organs and persons when proposed activities are likely
to have significant environmental affects on boundary or trans-state or on the
environment of bordering towns and villages.
2.
(1)
The
public or private sector of the economy shall not undertake or embark on public
or authorise projects or activities without prior consideration, at an early
stages, or their environmental effects.
(2)
Where the
extent, nature or location of a proposed project or activity is such that is
likely to significantly affect the environment, its environmental impact
assessment shall be undertaken in accordance with the provisions of this
Decree.
(3)
The
criterion and procedure under this Decree shall be used to determine whether an
activity is likely to significantly affect the environment and is therefore
subject to an environmental impact assessment.
(4)
All
agencies, institutions (whether public or private) except exempted pursuant to
this Decree, shall before embarking on the proposed project apply in writing to
the Agency, so that subject activities can be quickly and surely identified and
environmental assessment applied as the activities being planned.
3.
(1)
In
identifying the environmental impact assessment process under this Decree, the
relevant significant environmental issues shall be identified and studied
before commencing or embarking on any project or activity covered by the
provisions of this Decree or covered by the Agency or likely to have serious
environmental impact on the Nigerian environment.
(2)
Where
appropriate, all efforts shall be made to identify all environmental issues at
an early step in the process.
4.
An
environmental impact assessment shall include at least the following minimum
matters, that is -
(a)
a
description of the proposed activities;
(b)
a
description of the potential affected environment including specific
information necessary to identify and assess the environmental effects of the
proposed activities;
(c)
a
description of the practical activities, as appropriate;
(d)
an
assessment of the likely or potential environmental impacts on the proposed
activity and the alternatives, including the direct or indirect cumulative,
short-term and tong-term effects:
(e)
an identification and description of measures available to mitigate adverse
environmental impacts of proposed activity and assessment of those measures;
(f)
an
indication of gaps in knowledge and uncertainly which may be encountered in
computing the required information:
(g)
an
indication of whether the environment of any other State, Local Government Area
or areas outside Nigeria is likely to be affected by the proposed activity or
its alternatives;
(h)
a brief
and non technical summary of the information provided under paragraph (a) to
(g) of this section.
5.
The
environmental effects in an environmental assessment shall be assessed with a
degree of detail commensuration with their likely environmental significance.
6.
The
information provided as of environmental impact assessment shall be examined
impartially by the Agency prior to any decision to be made thereto (whether in
favour or adverse thereto).
7.
Before the Agency gives a decision on an activity to which an environmental
assessment has been produced, the Agency shall give opportunity to government
agencies, members of the public, experts in any relevant discipline and
interested groups to make comment on environmental impact assessment of the activity.
8.
The
Agency shall not give a decision as to whether a proposed activity should be
authorised or undertaken until appropriate period has elapsed to consider
comments pursuant to sections 7 and 12 of this Decree.
9.
(1)
The
Agency's decisions on any proposed activity subject to environmental impact
assessment shall -
(a)
be in
writing;
(b)
state the
reason therefor;
(c)
include
the provisions, if any, to prevent, reduce or instigate damage to the
environment.
(2)
The
report of the Agency shall be made available to interested person or group.
(3)
If no
interested person or group requested for the report, it shall be the duty of
the Agency to publish its decision in a manner by which members of the public
or persons interested in the activity shall be notified.
(4)
The
Council may determine an appropriate method in which the decision of the Agency
shall be published so as to reach interested persons or groups, in particular
the originators or persons interested in the activity subject of the decision.
10.
When the
Council deems fit and appropriate, a decision on an activity which has been
subject of environmental impact assessment, the activity and its effects on the
environment or the provisions of section 9 of this decree shall be subject to
appropriate supervision.
11. (1)
When information provided as part of environmental impart assessment
indicates that the Environment within another State in the Federation or a
Local Government Area is likely to be significantly affected by a proposed
activity, the State, the Local Government Area in which the activity is being
panned shall, to the extent possible -
(a)
notify
the potentially affected State or Local Government of the proposed activity;
(b)
transmit to the affected State or Local Government Area any relevant
information of the environmental impact assessment:
(c)
enter
into timely consultations with the affected State or Local Government.
(2)
It shall
be the duty of the Agency to see that the provisions of subsection (1) of this
section are complied with and the Agency may cause the consultations provided
pursuant to subsection (1) of this section to take place in order to
investigate any environmental derogation or hazard that may occur during the
construction or process of the activity concerned.
12.
Editorial
Note: there is
no section 12 within this Decree.
13. (1)
When a project is described on the Mandatory Study List specified in the
Schedule to this Decree or is referred to mediation or a review panel, no
Federal, State or Local Government or any of their authority or agency Shall
exercise any power or perform any duty or functions that would permit the
project to be carried out in whole or in part until the Agency has taken a
cause of action conducive to its power under the Act establishing it or has
taken a decision or issue an order that the project could be carried out with
or without conditions.
(2)
Where the Agency has given certain conditions before the carrying out of the
project, the conditions shall be fulfilled before any person or authority shall
embark on the project.
Part II
Environmental Assessment of Projects
14.
(1) Notwithstanding the provisions of
Part I of this Decree, an environmental impact assessment shall be required where
a Federal, State or Local Government Agency Authority established by the
Federal, State or Local Government Council -
(a)
is the
proponent of the project and does any act or thing which commits the Federal,
State or Local Government authority to carrying out the project in whole or,
impact;
(b)
makes or authorises payment or provides a guarantee for a loan or any other
form of financial assistance to the proponent for the purpose of enabling the
project to be carried out in whole or in part, except when the financial
assistance is in the form of any reduction, avoidance, deferral, removed,
refund remission or other form of relief from the payment of any tax, duty or
excise under Customs Tariff (Consolidated) Act or any Order made thereunder,
unless that financial assistance is provided for the purpose of enabling an
individual project specifically named in the enactment, regulation or order
that provides the relief to be carried out;
(c) has
the administration of Federal, State or Local Government and leases or
otherwise disposes of those lands on or any tests in those lands or transfers
the administration and control of those lands or invest therein in favour of
the Federal Government or its agencies for the purpose of enabling the project
to be carried out in whole or in part.
(d)
under the provisions of any law or enactment, issues a permit or licence,
grants an approval or takes any other action for the purpose of enabling the
project to be carried out in whole or in part.
15. (1)
An environmental assessment of project shall not be required where -
(a)
in the
opinion of the Agency the project is in the list of projects which the
President, Commander-in-Chief of the Armed Forces or the Council is of the
opinion that the environmental effects of the project is likely to be minimal;
(b) the
project is to be carried out during national emergency for which temporary
measures have been taken by the Government;
(c)
the project is to be carried out in response to circumstances that, in the
opinion of the Agency, the project is in the interest of public health or
safety.
(2)
For greater certainly, where the Federal, State or Local Government exercises
power or performs a duty or function for the purpose of enabling projects to be
carried out an environmental assessment may not be required if -
(a)
the project has been identified at the time the power is exercised or the duty
or function is performed; and
(b)
the
Federal, State, or Local Government has no power to exercise any duly or
perform functions in relation to the projects after they have been identified.
16.
Whenever the Agency decides, that there is the need for an environmental
assessment on a project before the commencement of the project the
environmental assessment process may include -
(a)
a screening or mandatory study and the preparation of a screening report;
(b)
a mandatory or assessment by a review panel as provided in section 25 of
this Decree and the preparation of a report;
(c) the
design and implementation of a follow-up program.
17. (1)
Every screening or mandatory study of a project and every mediation or
assessment by a review panel shall include a consideration of the following
factors, that is –
(a)
the environmental effects of the project, including the environmental effects
of malfunctions or accidents that may occur in connection with the project and
any cumulative environmental effects that are likely to result from the project
in taking into consideration with other projects, that that have been or will
be carried out;
(b)
the significance or, in the case of projects referred to in section 43 44 or
45, the seriousness of those effects;
(c) comments
concerning those effects received from the public, accordance with provisions
of this Decree;
(d)
measures that are technically and economically feasible and that would mitigate
any significant or, in the case of projects referred to in sections 43, 44, or
45 any serious adverse environmental effects of the project.
(2)
In addition to the factors set out in subsection (1) of this Decree every
mandatory study of a project and every mediation or assessment by review panel
shall include a consideration of the following factors, that is –
(a)
the purpose of the project;
(b)
alternative means of carrying out the project that are technically and
economically feasible and the environmental effects of any such alternative
means;
(c)
the need for and the requirements of any follow-up program in respect of
the project;
(d)
the short-term or tong term capacity for regeneration of renewal resources that
are likely to be significantly or, in the case of the projects referred to in
sections 43, 44 or 45, seriously affected by the project; and
(e) any other
matter that the Agency or the Council at the request of the Agency, may re
require.
(3)
For greater certainty, the scope of the factors to be taken into consideration
pursuant to subsection (1) (a), (b) and (d) and subsection (2) (b), (c) and (d)
of this Decree shall be determined –
(a)
by the Agency; or
(b)
where a project is referred to mediation or a review panel, by the Council,
after consulting with the Agency, when fixing the terms of reference of the
mediation or review panel.
(4)
An environmental assessment of a project shall not be required to include a
consideration of the environmental effects that could result from carrying out
the project during the declaration of a national emergency.
18. (1)
The Agency may delegate any part of the screening or mandatory study of a
project, including the preparation of the screening report or mandatory study
report, but shall not delegate the duly to take a course of action pursuant to
section 16(1) or 34(1) of this Decree.
(2)
For greater certainty, the Agency shall not take a course of action pursuant to
section16 (1) or 34(1) unless it is satisfied that any duty or function
delegated pursuant to subsection (1) thereof has been carried out in accordance
with provisions of this Decree or any relevant enactment.
19. (1)
Where the Agency is of the opinion that a project is not described in the
mandatory study list or any exclusion list, the Agency shall ensure that –
(a)
a screening of the project is conducted; and
(b)
a screening report is prepared.
(2)
Any available information may be used in conducting the screening of a project,
but where the Agency is of the opinion that the information available is not
adequate to enable it to take a course of action pursuant to section 16(1) of
this Decree it shall ensure that any study and information that it considers
necessary for that purpose are undertaken or collected.
20. (1)
Where
the Agency receives a screening report and the Agency is of the opinion that
the report could be used as a method of conducting screening of other project
within the same class, the agency may declare the report to be a class
screening report.
(2)
Any
declaration made pursuant to subsection (1) of this Decree shall be published
in the Gazette and the screening report to which it relates shall be made
available to the public at the registry maintained by the Agency.
(3)
Where
in the opinion of the Agency a project or part of a project is within a class
in respect of which a class screening report has been declared, the Agency may
use or permit the use of that report and the screening on which it is based to
whatever extent the Agency considers appropriate for the purpose of complying
with section13 of this Decree.
(4)
Where the Agency uses or permits the use of a class screening report, it shall
ensure that any adjustments are made that in the opinion of Agency are
necessary to take into account Local circumstances and any cumulative
environmental efforts that in the opinion of the Agency are likely to result
from the project in combination with other project that have been or will be
carried out.
21. (1)
Where a proponent proposes to carry out, in whole or in part a project for
which a screening report has been prepared but the project did not proceed or
the manner in which it is to be carried out has subsequently changed or where a
proponent seeks the renewal of a licence, permit or approval referred to in
section 5(d) of this Decree in respect of a project for which a screening
report has been prepared, the Agency may use or permit the use of that report
and the screening on which it is based to whatever extent the Agency considers
appropriate for the purpose of complying with section 13 of this Decree.
(2)
Where the Agency uses or permits the use of a screening or screening report
pursuant to subsection (1) of this section, the Agency shall ensure that any
adjustments are made that in its opinion are necessary to take into account any
significant changes in the circumstances of the project.
22. (1) After
completion of a screening report in respect of a project, the Agency shall take
one of the following courses of action, that is –
(a)
where, in the opinion of the Agency;
(i)
the project is not likely to cause significant adverse environmental effects,
or
(ii)
any such effect can be mitigated,
the Agency may exercise any power or perform any duty or function that would
permit the project to be carried out and shall ensure that any mitigation
measures that the Agency considers appropriate are implemented;
(b)
where, in the opinion of the Agency;
(i)
the project is likely to cause significant adverse environmental effects that
may not be mitigable; or
(ii)
public concerns respecting the environmental effects of the project warrant it,
the Agency; shall refer the project to the Council for a referral to mediation
or a review panel in accordance with section 25 of this Decree; or
(c)
where, in the opinion of the Agency, the project is likely to cause
significant adverse environmental effects that cannot be mitigated, the Agency
shall not exercise any power or perform any duty or function conferred on it
under any enactment that would permit the project to be carried out in whole or
in part.
(2)
For
greater certainty, where the Agency takes a course of action referred to in
subsection (1) (a) of this section, the Agency shall exercise any power and
perform any duly or function conferred on it by or under any enactment in a
manner that ensure that any mitigation measures that the Agency considers
appropriate in respect of the project are implemented.
(3)
Before
taking a course of action in relation to a project pursuant to subsection (1)
of this section, the Agency shall give the public an opportunity to examine and
comment on the screening report and any record that has been filed in the
public registry established in respect of the project pursuant to section 51 of
this Decree and shall take into consideration any comments that are filed.
23.
Where the Agency is of the opinion that a program is described in the mandatory
study list, the Agency shall –
(a)
ensure that a mandatory study is conducted, and a mandatory study report is
prepared and submitted to the Agency, in accordance with the provisions of this
Decree; or
(b) refer the
project to the Council for a referral to mediation or a review panel in
accordance with section 25 of this Decree.
24. (1)
Where a proponent proposes to carry out, in whole or in part, a project for
which a mandatory study report has been prepared but the project did not
proceed or the manner in which it is to be carried out has subsequently
changed, or where a proponent seeks the renewal of a licence, permit or
approval referred to in section 5(d) of this Decree in respect of a project for
which a mandatory study report has been prepared, the Agency may use or permit
the use of that report and the mandatory study on which it is based to whatever
extent the Agency considers appropriate for the purpose of complying with
section 17 of this Decree.
(2)
Where the Agency uses or permits the use of a mandatory study or a mandatory
study report pursuant to subsection (1) of this section, it shall ensure that
any adjustments are made that in its opinion are necessary to take into account
any significant changes i n the circumstances of the project.
25. (1)
After receiving a mandatory study report in respect of a project, the Agency
shall, in any manner it considers appropriate, publish in a notice setting out
the following information –
(a)
the date on which the mandatory study report shall be available to the
public;
(b)
the place at which copies of the report may be obtained; and
(c)
the deadline and address for filing comments on the conclusions and
recommendations of the report.
(2)
Prior to the deadline set out in the notice published by the Agency, any person
may file comments with the Agency relating to the conclusions and
recommendations of the mandatory study report.
26.
After taking into consideration the
mandatory study report and any comments filed pursuant to section 19(2), the
Council shall –
(a)
refer the project to mediation or a review panel in accordance with section 25
of this Decree where, in the opinion of the Council -
(i)
the project is likely to cause significant adverse environmental effects
that may not be mitigable; or
(ii)
public concerns respecting the environmental effects of the project warrant.
it; or
(b)
refer the project back to the Agency for action to be taken under section
34(l)(a) of this Decree where, in the opinion of the Council –
(i)
the project is not likely to cause significant adverse environmental effects;
or
(ii)
any such effects can be mitigated.
27.
Where at any time the Agency is of the opinion that –
(a)
a project is likely to cause significant adverse environmental effects that may
not be mitigable; or
(b)
public concerns respecting the environmental effects of the project warrant it,
the Agency may refer the project to the Council for a referral to mediation or
review panel in accordance with section 25 of this Decree.
28.
Where at any time the Agency decides not to exercise any power or perform any
duty or function referred to in section 19 of this Decree in relation to a
project that has not been referred to mediation or a review panel, it may
terminate the environmental assessment of that project.
29.
Where at any time the Agency decides not to exercise any power or perform any
duty or function referred to in section 25 of this Decree in relation to a
project that has been referred to mediation or a review panel, the Council may
terminate the environmental assessment of the project.
30.
Where at any time the Council is of the opinion that –
(a)
a project is likely to cause significant adverse environmental effects that may
not be mitigable, or
(b)
public concerns respecting the environmental effects of the project Warrant it,
the Council may, after consultation with the Agency, refer the project to
mediation or a review panel in accordance with section 25 of this Decree.
31.
Where a project is to be referred
to mediation or a review panel under this Decree, the Council shall, within a
prescribed period, refer the Council project –
(a) to
mediation, if the Council is satisfied that -
(i)
the parties who are directly affected by or have direct interest in the project
have been identified and are willing to participle in the mediation through
representatives, and
(ii)
the mediation is likely to produce a result that is satisfactory to all of the
parties: or
(b)
to a
review panel, in any other case.
32.
Where a project is referred to mediation, the Council shall, in consultation
with the Agency –
(a)
appoint as mediator any person who, in the opinion of the Council possesses the
required knowledge or experience; and
(b)
fix the terms of reference of the mediation.
33. (1)
In the case of a dispute respecting the participation of parties in a
mediation, the Council may, on the request of the mediation, determine those
parties who are directly affected by or have a direct interest in the project.
(2)
Any determination by the Council pursuant to subsection (1) of this section
shall be binding
34. (1)
A mediator shall not proceed with a mediation unless the mediator is satisfied
that all of the information required for a mediation is available to all of the
participants.
(2)
A mediation shall, in accordance with the provisions of this Decree, and the
terms of reference of the mediation –
(a)
help the participants to reach a consensus on
(i)
the environmental effects that are likely to result from the project,
(ii)
any measures that would mitigate any significant adverse environmental effects,
and
(iii)
an appropriate follow-up program;
(b)
prepare a report setting out the conclusions and recommendations of the
participants; and
(c)
submit the report to the Council and the Agency.
35.
Where at any time after a project has been referred to mediation the Council is
of the opinion that the mediation is not likely to produce a result that is
"satisfactory to all parties, the Council may terminate the mediation and
refer the project to a review panel.
36.
Where a project is referred to a review panel, the Council shall, in
consultation with the Agency –
(a)
appoint as members of the panel including the Chairman thereof, persons who, in
the opinion of the Council, possess the required knowledge or experience; and
(b)
fix the term of reference of the panel.
37.
A review panel shall, in accordance with the provisions of this Decree and its
terms of reference –
(a)
ensure that the information required for an assessment by a review panel is
obtained and made available to the public;
(b)
hold hearing in a manner that offers the public an opportunity to
participate in the assessment;
(c)
Prepare a report setting out –
(i)
the conclusions and recommendations of the panel relating to the environmental
effects of the project and any mitigation measures or follow-up program, and
(ii)
a summary of any comments received from the public; and
(d)
Submit the report to the Council and the Agency.
38. (1) A
review panel shall be the power of summoning any person to appear as witness
before the panel and or ordering the witness to –
(a)
give evidence, orally or in writing; and
(b)
produce such documents or things as the panel consider necessary for conducting
its assessment of the project.
(2)
A review panel shall have the same power to enforce the attendance of witnesses
and to compel them to give evidence and produce documents and other things as
is vested in the Federal High Court or a High Court of a State.
(3)
A hearing by review panel shall be in public unless the panel is satisfied
after representation made by a witness that specific, direct and substantial
harm would be caused to the witness by the disclosure of the evidence,
documents or other things that the witness is ordered to give or produce
pursuant to subsection (1) of this section.
(4)
Where a review panel is satisfied that the disclosure of evidence documents or
other things would cause specific, direct and substantial harm, to a witness,
the evidence, documents or things shall be privileged and shall not, without
the authorization of the witness, knowingly be or be permitted to be
communicated, disclosed or made available by any person who has obtained the
evidence, documents or other things pursuant to this Decree.
(5)
Any summons issued or order made by a review panel pursuant to subsection (1)
of this section may, for the purposes of enforcement, be made a summons or
order of the Federal High Court by following the usual practice and procedure.
39.
On receiving a report submitted by a mediator or a review panel, the
Agency shall make the report available to the public in any manner the Council
considers appropriate and shall advise the public that the report is available.
40. (1)
Following the submission of a report by a mediator or a review panel or
the referral of a project back to the Agency pursuant to section 30(b) of this
Decree, the Agency shall take one of the following courses of action in
relation to the project, that is –
(a)
where in the opinion of the Agency -
(i)
the project is not likely to cause significant adverse environmental
effect, or
(ii) any such
effect can be mitigated or justified in the circumstances,
the Agency may exercise any power or perform any duty or function that would
permit the project to be carried out in whole or in part and shall ensure that
any mitigation measures that the Agency considers appropriate are implemented;
or
(b) where, in
the opinion of the Agency, the project is likely to cause significant adverse
environmental effects that cannot be mitigated and cannot be justified in the
circumstances, the Agency shall not exercise any power or perform any duty or function
conferred on it by or under any enactment that would permit the project to be
carried out in whole or in part.
(2)
For greater certainty, where the Agency takes a course of action referred to in
subsection (1) (a) of this section, it shall exercise any power and perform any
duty or function conferred on it by or under any enactment in a manner that
ensures that any mitigation measure that the Agency considers appropriate in
respect of the project is implemented.
Environmental Impact Assessment Decree No. 86 1992
Commencement. 10th December1992
The Federal Military Government hereby decrees as follow: -
Part I
General Principles of Environmental Impact
Assessment
1.
The objectives of any environmental Impact assessment (hereafter in this Decree
referred to as "the Assessment") shall be -
(a)
to
establish before a decision taken by any person, authority corporate body or
unincorporated body including the Government of the Federation, State or Local
Government intending to undertake or authorise the undertaking of any activity
that may likely or to a significant extent affect the environment or have
environmental effects on those activities shall first be taken into account;
(b)
to
promote the implementation of appropriate policy in all Federal Lands (however
acquired) States and Local Government Areas consistent with all laws and
decision making processes through which the goal and objective in paragraph (a)
of this section may be realised;
(c)
to
encourage the development of procedures for information exchange, notification
and consultation between organs and persons when proposed activities are likely
to have significant environmental affects on boundary or trans-state or on the
environment of bordering towns and villages.
2.
(1)
The
public or private sector of the economy shall not undertake or embark on public
or authorise projects or activities without prior consideration, at an early
stages, or their environmental effects.
(2)
Where the
extent, nature or location of a proposed project or activity is such that is
likely to significantly affect the environment, its environmental impact
assessment shall be undertaken in accordance with the provisions of this
Decree.
(3)
The
criterion and procedure under this Decree shall be used to determine whether an
activity is likely to significantly affect the environment and is therefore
subject to an environmental impact assessment.
(4)
All
agencies, institutions (whether public or private) except exempted pursuant to
this Decree, shall before embarking on the proposed project apply in writing to
the Agency, so that subject activities can be quickly and surely identified and
environmental assessment applied as the activities being planned.
3.
(1)
In
identifying the environmental impact assessment process under this Decree, the
relevant significant environmental issues shall be identified and studied
before commencing or embarking on any project or activity covered by the
provisions of this Decree or covered by the Agency or likely to have serious
environmental impact on the Nigerian environment.
(2)
Where
appropriate, all efforts shall be made to identify all environmental issues at
an early step in the process.
4.
An
environmental impact assessment shall include at least the following minimum
matters, that is -
(a)
a
description of the proposed activities;
(b)
a
description of the potential affected environment including specific
information necessary to identify and assess the environmental effects of the
proposed activities;
(c)
a
description of the practical activities, as appropriate;
(d)
an
assessment of the likely or potential environmental impacts on the proposed
activity and the alternatives, including the direct or indirect cumulative,
short-term and tong-term effects:
(e)
an identification and description of measures available to mitigate adverse
environmental impacts of proposed activity and assessment of those measures;
(f)
an
indication of gaps in knowledge and uncertainly which may be encountered in
computing the required information:
(g)
an
indication of whether the environment of any other State, Local Government Area
or areas outside Nigeria is likely to be affected by the proposed activity or
its alternatives;
(h)
a brief
and non technical summary of the information provided under paragraph (a) to
(g) of this section.
5.
The
environmental effects in an environmental assessment shall be assessed with a
degree of detail commensuration with their likely environmental significance.
6.
The
information provided as of environmental impact assessment shall be examined
impartially by the Agency prior to any decision to be made thereto (whether in
favour or adverse thereto).
7.
Before the Agency gives a decision on an activity to which an environmental
assessment has been produced, the Agency shall give opportunity to government
agencies, members of the public, experts in any relevant discipline and
interested groups to make comment on environmental impact assessment of the
activity.
8.
The
Agency shall not give a decision as to whether a proposed activity should be
authorised or undertaken until appropriate period has elapsed to consider
comments pursuant to sections 7 and 12 of this Decree.
9.
(1)
The
Agency's decisions on any proposed activity subject to environmental impact
assessment shall -
(a)
be in
writing;
(b)
state the
reason therefor;
(c)
include
the provisions, if any, to prevent, reduce or instigate damage to the
environment.
(2)
The
report of the Agency shall be made available to interested person or group.
(3)
If no
interested person or group requested for the report, it shall be the duty of
the Agency to publish its decision in a manner by which members of the public
or persons interested in the activity shall be notified.
(4)
The
Council may determine an appropriate method in which the decision of the Agency
shall be published so as to reach interested persons or groups, in particular
the originators or persons interested in the activity subject of the decision.
10.
When the
Council deems fit and appropriate, a decision on an activity which has been
subject of environmental impact assessment, the activity and its effects on the
environment or the provisions of section 9 of this decree shall be subject to
appropriate supervision.
11. (1)
When information provided as part of environmental impart assessment
indicates that the Environment within another State in the Federation or a
Local Government Area is likely to be significantly affected by a proposed
activity, the State, the Local Government Area in which the activity is being panned
shall, to the extent possible -
(a)
notify
the potentially affected State or Local Government of the proposed activity;
(b)
transmit to the affected State or Local Government Area any relevant
information of the environmental impact assessment:
(c)
enter
into timely consultations with the affected State or Local Government.
(2)
It shall
be the duty of the Agency to see that the provisions of subsection (1) of this
section are complied with and the Agency may cause the consultations provided
pursuant to subsection (1) of this section to take place in order to
investigate any environmental derogation or hazard that may occur during the
construction or process of the activity concerned.
12.
Editorial
Note: there is
no section 12 within this Decree.
13. (1)
When a project is described on the Mandatory Study List specified in the
Schedule to this Decree or is referred to mediation or a review panel, no
Federal, State or Local Government or any of their authority or agency Shall
exercise any power or perform any duty or functions that would permit the
project to be carried out in whole or in part until the Agency has taken a
cause of action conducive to its power under the Act establishing it or has
taken a decision or issue an order that the project could be carried out with
or without conditions.
(2)
Where the Agency has given certain conditions before the carrying out of the
project, the conditions shall be fulfilled before any person or authority shall
embark on the project.
Part II
Environmental Assessment of Projects
14.
(1) Notwithstanding the provisions of
Part I of this Decree, an environmental impact assessment shall be required
where a Federal, State or Local Government Agency Authority established by the
Federal, State or Local Government Council -
(a)
is the
proponent of the project and does any act or thing which commits the Federal,
State or Local Government authority to carrying out the project in whole or,
impact;
(b)
makes or authorises payment or provides a guarantee for a loan or any other
form of financial assistance to the proponent for the purpose of enabling the
project to be carried out in whole or in part, except when the financial
assistance is in the form of any reduction, avoidance, deferral, removed,
refund remission or other form of relief from the payment of any tax, duty or
excise under Customs Tariff (Consolidated) Act or any Order made thereunder,
unless that financial assistance is provided for the purpose of enabling an
individual project specifically named in the enactment, regulation or order
that provides the relief to be carried out;
(c) has
the administration of Federal, State or Local Government and leases or
otherwise disposes of those lands on or any tests in those lands or transfers
the administration and control of those lands or invest therein in favour of
the Federal Government or its agencies for the purpose of enabling the project
to be carried out in whole or in part.
(d)
under the provisions of any law or enactment, issues a permit or licence,
grants an approval or takes any other action for the purpose of enabling the
project to be carried out in whole or in part.
15. (1)
An environmental assessment of project shall not be required where -
(a)
in the
opinion of the Agency the project is in the list of projects which the
President, Commander-in-Chief of the Armed Forces or the Council is of the
opinion that the environmental effects of the project is likely to be minimal;
(b) the
project is to be carried out during national emergency for which temporary
measures have been taken by the Government;
(c)
the project is to be carried out in response to circumstances that, in the opinion
of the Agency, the project is in the interest of public health or safety.
(2)
For greater certainly, where the Federal, State or Local Government exercises
power or performs a duty or function for the purpose of enabling projects to be
carried out an environmental assessment may not be required if -
(a)
the project has been identified at the time the power is exercised or the duty
or function is performed; and
(b)
the
Federal, State, or Local Government has no power to exercise any duly or
perform functions in relation to the projects after they have been identified.
16.
Whenever the Agency decides, that there is the need for an environmental
assessment on a project before the commencement of the project the
environmental assessment process may include -
(a)
a screening or mandatory study and the preparation of a screening report;
(b)
a mandatory or assessment by a review panel as provided in section 25 of
this Decree and the preparation of a report;
(c) the
design and implementation of a follow-up program.
17. (1)
Every screening or mandatory study of a project and every mediation or
assessment by a review panel shall include a consideration of the following
factors, that is –
(a)
the environmental effects of the project, including the environmental effects
of malfunctions or accidents that may occur in connection with the project and
any cumulative environmental effects that are likely to result from the project
in taking into consideration with other projects, that that have been or will
be carried out;
(b)
the significance or, in the case of projects referred to in section 43 44 or
45, the seriousness of those effects;
(c) comments
concerning those effects received from the public, accordance with provisions
of this Decree;
(d)
measures that are technically and economically feasible and that would mitigate
any significant or, in the case of projects referred to in sections 43, 44, or
45 any serious adverse environmental effects of the project.
(2)
In addition to the factors set out in subsection (1) of this Decree every
mandatory study of a project and every mediation or assessment by review panel
shall include a consideration of the following factors, that is –
(a)
the purpose of the project;
(b)
alternative means of carrying out the project that are technically and
economically feasible and the environmental effects of any such alternative
means;
(c)
the need for and the requirements of any follow-up program in respect of
the project;
(d)
the short-term or tong term capacity for regeneration of renewal resources that
are likely to be significantly or, in the case of the projects referred to in
sections 43, 44 or 45, seriously affected by the project; and
(e) any other
matter that the Agency or the Council at the request of the Agency, may re
require.
(3)
For greater certainty, the scope of the factors to be taken into consideration
pursuant to subsection (1) (a), (b) and (d) and subsection (2) (b), (c) and (d)
of this Decree shall be determined –
(a)
by the Agency; or
(b)
where a project is referred to mediation or a review panel, by the Council,
after consulting with the Agency, when fixing the terms of reference of the
mediation or review panel.
(4)
An environmental assessment of a project shall not be required to include a
consideration of the environmental effects that could result from carrying out
the project during the declaration of a national emergency.
18. (1)
The Agency may delegate any part of the screening or mandatory study of a project,
including the preparation of the screening report or mandatory study report,
but shall not delegate the duly to take a course of action pursuant to section
16(1) or 34(1) of this Decree.
(2)
For greater certainty, the Agency shall not take a course of action pursuant to
section16 (1) or 34(1) unless it is satisfied that any duty or function
delegated pursuant to subsection (1) thereof has been carried out in accordance
with provisions of this Decree or any relevant enactment.
19. (1)
Where the Agency is of the opinion that a project is not described in the
mandatory study list or any exclusion list, the Agency shall ensure that –
(a)
a screening of the project is conducted; and
(b)
a screening report is prepared.
(2)
Any available information may be used in conducting the screening of a project,
but where the Agency is of the opinion that the information available is not
adequate to enable it to take a course of action pursuant to section 16(1) of
this Decree it shall ensure that any study and information that it considers
necessary for that purpose are undertaken or collected.
20. (1)
Where
the Agency receives a screening report and the Agency is of the opinion that
the report could be used as a method of conducting screening of other project
within the same class, the agency may declare the report to be a class
screening report.
(2)
Any
declaration made pursuant to subsection (1) of this Decree shall be published
in the Gazette and the screening report to which it relates shall be made
available to the public at the registry maintained by the Agency.
(3)
Where
in the opinion of the Agency a project or part of a project is within a class
in respect of which a class screening report has been declared, the Agency may
use or permit the use of that report and the screening on which it is based to
whatever extent the Agency considers appropriate for the purpose of complying
with section13 of this Decree.
(4)
Where the Agency uses or permits the use of a class screening report, it shall
ensure that any adjustments are made that in the opinion of Agency are
necessary to take into account Local circumstances and any cumulative
environmental efforts that in the opinion of the Agency are likely to result
from the project in combination with other project that have been or will be
carried out.
21. (1)
Where a proponent proposes to carry out, in whole or in part a project for
which a screening report has been prepared but the project did not proceed or
the manner in which it is to be carried out has subsequently changed or where a
proponent seeks the renewal of a licence, permit or approval referred to in
section 5(d) of this Decree in respect of a project for which a screening
report has been prepared, the Agency may use or permit the use of that report
and the screening on which it is based to whatever extent the Agency considers
appropriate for the purpose of complying with section 13 of this Decree.
(2)
Where the Agency uses or permits the use of a screening or screening report
pursuant to subsection (1) of this section, the Agency shall ensure that any
adjustments are made that in its opinion are necessary to take into account any
significant changes in the circumstances of the project.
22. (1) After
completion of a screening report in respect of a project, the Agency shall take
one of the following courses of action, that is –
(a)
where, in the opinion of the Agency;
(i)
the project is not likely to cause significant adverse environmental effects,
or
(ii)
any such effect can be mitigated,
the Agency may exercise any power or perform any duty or function that would
permit the project to be carried out and shall ensure that any mitigation
measures that the Agency considers appropriate are implemented;
(b)
where, in the opinion of the Agency;
(i)
the project is likely to cause significant adverse environmental effects that
may not be mitigable; or
(ii)
public concerns respecting the environmental effects of the project warrant it,
the Agency; shall refer the project to the Council for a referral to mediation
or a review panel in accordance with section 25 of this Decree; or
(c)
where, in the opinion of the Agency, the project is likely to cause
significant adverse environmental effects that cannot be mitigated, the Agency
shall not exercise any power or perform any duty or function conferred on it
under any enactment that would permit the project to be carried out in whole or
in part.
(2)
For
greater certainty, where the Agency takes a course of action referred to in
subsection (1) (a) of this section, the Agency shall exercise any power and
perform any duly or function conferred on it by or under any enactment in a
manner that ensure that any mitigation measures that the Agency considers
appropriate in respect of the project are implemented.
(3)
Before
taking a course of action in relation to a project pursuant to subsection (1)
of this section, the Agency shall give the public an opportunity to examine and
comment on the screening report and any record that has been filed in the
public registry established in respect of the project pursuant to section 51 of
this Decree and shall take into consideration any comments that are filed.
23.
Where the Agency is of the opinion that a program is described in the mandatory
study list, the Agency shall –
(a)
ensure that a mandatory study is conducted, and a mandatory study report is
prepared and submitted to the Agency, in accordance with the provisions of this
Decree; or
(b) refer the
project to the Council for a referral to mediation or a review panel in
accordance with section 25 of this Decree.
24. (1)
Where a proponent proposes to carry out, in whole or in part, a project for
which a mandatory study report has been prepared but the project did not
proceed or the manner in which it is to be carried out has subsequently
changed, or where a proponent seeks the renewal of a licence, permit or
approval referred to in section 5(d) of this Decree in respect of a project for
which a mandatory study report has been prepared, the Agency may use or permit
the use of that report and the mandatory study on which it is based to whatever
extent the Agency considers appropriate for the purpose of complying with
section 17 of this Decree.
(2)
Where the Agency uses or permits the use of a mandatory study or a mandatory
study report pursuant to subsection (1) of this section, it shall ensure that
any adjustments are made that in its opinion are necessary to take into account
any significant changes i n the circumstances of the project.
25. (1)
After receiving a mandatory study report in respect of a project, the Agency
shall, in any manner it considers appropriate, publish in a notice setting out
the following information –
(a)
the date on which the mandatory study report shall be available to the
public;
(b)
the place at which copies of the report may be obtained; and
(c)
the deadline and address for filing comments on the conclusions and
recommendations of the report.
(2)
Prior to the deadline set out in the notice published by the Agency, any person
may file comments with the Agency relating to the conclusions and
recommendations of the mandatory study report.
26.
After taking into consideration the
mandatory study report and any comments filed pursuant to section 19(2), the
Council shall –
(a)
refer the project to mediation or a review panel in accordance with section 25
of this Decree where, in the opinion of the Council -
(i)
the project is likely to cause significant adverse environmental effects
that may not be mitigable; or
(ii)
public concerns respecting the environmental effects of the project warrant.
it; or
(b)
refer the project back to the Agency for action to be taken under section
34(l)(a) of this Decree where, in the opinion of the Council –
(i)
the project is not likely to cause significant adverse environmental effects;
or
(ii)
any such effects can be mitigated.
27.
Where at any time the Agency is of the opinion that –
(a)
a project is likely to cause significant adverse environmental effects that may
not be mitigable; or
(b)
public concerns respecting the environmental effects of the project warrant it,
the Agency may refer the project to the Council for a referral to mediation or
review panel in accordance with section 25 of this Decree.
28.
Where at any time the Agency decides not to exercise any power or perform any
duty or function referred to in section 19 of this Decree in relation to a
project that has not been referred to mediation or a review panel, it may
terminate the environmental assessment of that project.
29.
Where at any time the Agency decides not to exercise any power or perform any
duty or function referred to in section 25 of this Decree in relation to a
project that has been referred to mediation or a review panel, the Council may
terminate the environmental assessment of the project.
30.
Where at any time the Council is of the opinion that –
(a)
a project is likely to cause significant adverse environmental effects that may
not be mitigable, or
(b)
public concerns respecting the environmental effects of the project Warrant it,
the Council may, after consultation with the Agency, refer the project to
mediation or a review panel in accordance with section 25 of this Decree.
31.
Where a project is to be referred
to mediation or a review panel under this Decree, the Council shall, within a
prescribed period, refer the Council project –
(a) to
mediation, if the Council is satisfied that -
(i)
the parties who are directly affected by or have direct interest in the project
have been identified and are willing to participle in the mediation through
representatives, and
(ii)
the mediation is likely to produce a result that is satisfactory to all of the
parties: or
(b)
to a
review panel, in any other case.
32.
Where a project is referred to mediation, the Council shall, in consultation
with the Agency –
(a)
appoint as mediator any person who, in the opinion of the Council possesses the
required knowledge or experience; and
(b)
fix the terms of reference of the mediation.
33. (1)
In the case of a dispute respecting the participation of parties in a
mediation, the Council may, on the request of the mediation, determine those
parties who are directly affected by or have a direct interest in the project.
(2)
Any determination by the Council pursuant to subsection (1) of this section
shall be binding
34. (1)
A mediator shall not proceed with a mediation unless the mediator is satisfied
that all of the information required for a mediation is available to all of the
participants.
(2)
A mediation shall, in accordance with the provisions of this Decree, and the
terms of reference of the mediation –
(a)
help the participants to reach a consensus on
(i)
the environmental effects that are likely to result from the project,
(ii)
any measures that would mitigate any significant adverse environmental effects,
and
(iii)
an appropriate follow-up program;
(b)
prepare a report setting out the conclusions and recommendations of the
participants; and
(c)
submit the report to the Council and the Agency.
35.
Where at any time after a project has been referred to mediation the Council is
of the opinion that the mediation is not likely to produce a result that is
"satisfactory to all parties, the Council may terminate the mediation and
refer the project to a review panel.
36.
Where a project is referred to a review panel, the Council shall, in
consultation with the Agency –
(a)
appoint as members of the panel including the Chairman thereof, persons who, in
the opinion of the Council, possess the required knowledge or experience; and
(b)
fix the term of reference of the panel.
37.
A review panel shall, in accordance with the provisions of this Decree and its
terms of reference –
(a)
ensure that the information required for an assessment by a review panel is
obtained and made available to the public;
(b)
hold hearing in a manner that offers the public an opportunity to
participate in the assessment;
(c)
Prepare a report setting out –
(i)
the conclusions and recommendations of the panel relating to the environmental
effects of the project and any mitigation measures or follow-up program, and
(ii)
a summary of any comments received from the public; and
(d)
Submit the report to the Council and the Agency.
38. (1) A
review panel shall be the power of summoning any person to appear as witness
before the panel and or ordering the witness to –
(a)
give evidence, orally or in writing; and
(b)
produce such documents or things as the panel consider necessary for conducting
its assessment of the project.
(2)
A review panel shall have the same power to enforce the attendance of witnesses
and to compel them to give evidence and produce documents and other things as
is vested in the Federal High Court or a High Court of a State.
(3)
A hearing by review panel shall be in public unless the panel is satisfied
after representation made by a witness that specific, direct and substantial
harm would be caused to the witness by the disclosure of the evidence,
documents or other things that the witness is ordered to give or produce
pursuant to subsection (1) of this section.
(4)
Where a review panel is satisfied that the disclosure of evidence documents or
other things would cause specific, direct and substantial harm, to a witness,
the evidence, documents or things shall be privileged and shall not, without
the authorization of the witness, knowingly be or be permitted to be
communicated, disclosed or made available by any person who has obtained the
evidence, documents or other things pursuant to this Decree.
(5)
Any summons issued or order made by a review panel pursuant to subsection (1)
of this section may, for the purposes of enforcement, be made a summons or
order of the Federal High Court by following the usual practice and procedure.
39.
On receiving a report submitted by a mediator or a review panel, the
Agency shall make the report available to the public in any manner the Council
considers appropriate and shall advise the public that the report is available.
40. (1)
Following the submission of a report by a mediator or a review panel or
the referral of a project back to the Agency pursuant to section 30(b) of this
Decree, the Agency shall take one of the following courses of action in
relation to the project, that is –
(a)
where in the opinion of the Agency -
(i)
the project is not likely to cause significant adverse environmental
effect, or
(ii) any such
effect can be mitigated or justified in the circumstances,
the Agency may exercise any power or perform any duty or function that would
permit the project to be carried out in whole or in part and shall ensure that
any mitigation measures that the Agency considers appropriate are implemented;
or
(b) where, in
the opinion of the Agency, the project is likely to cause significant adverse
environmental effects that cannot be mitigated and cannot be justified in the
circumstances, the Agency shall not exercise any power or perform any duty or
function conferred on it by or under any enactment that would permit the
project to be carried out in whole or in part.
(2)
For greater certainty, where the Agency takes a course of action referred to in
subsection (1) (a) of this section, it shall exercise any power and perform any
duty or function conferred on it by or under any enactment in a manner that
ensures that any mitigation measure that the Agency considers appropriate in
respect of the project is implemented.
41. (1) Where the
Agency takes a course of action pursuant to section 40(1)(a) of this Decree it
shall, in accordance with this Decree, design any follow-up programme that it
considers appropriate for the project and arrange for the implementation of
that one.
(2)
The Agency shall advise the
public of –
(a)
its course of action in
relation to the project;
(b)
any mitigation measure to be
implemented with respect to the adverse environmental effects of the project;
(c)
the extent which the
recommendations set out in any report submitted by a mediator or a review panel
have been adopted; and
(d)
any follow-up program one
designed for or in the pursuant to subsection (1) of this section.
42.
A certificate stating that an
environmental assessment of a project has been completed, and signed by the
Agency that exercises a power or performs a duty or function referred to in
section 35(c) of this Decree in relation to the project, is in the absence to the
contrary, proof of the matter stated in the certificate.
43. (1)
For the purposes of this
Decree "jurisdiction" includes
(a) a Federal
authority;
(b) the
government of a State;
(c) any other
agency or body established pursuant to a Decree, Act, Law, Edict or Bye-law or
the legislature of a State and having powers, duties or functions in relation
to an assessment of the environmental effects of a project;
(d) any body
established pursuant to a comprehensive land claims agreement and having
powers, duties or functions in relation to an assessment of the environmental
effects of a project;
(e)
a government of a foreign
State or of a subdivision of a foreign Sate, or any institution of a such a
government; and
(f) an
international organisation of States or any institution of such an
organisation.
(2)
Subject to section 38 of this
Decree, where the referral of a project to a review panel is required or
permitted by this Decree and a jurisdiction referred to in subsection (1) (e)
or (f) of this section, has a responsibility on an authority to conduct an
assessment of the environmental effects of the project or any part of it, the
Council and the Council of External Affairs may establish a review panel
jointly with that jurisdiction.
44.
The Council shall not establish a
review panel jointly with a jurisdiction referred to in subsection 37(1) of
this Decree unless the Council is satisfied that –
(a) the
Council may appoint or approve the appointment of the Chairman or a co-Chairman
and one or more other members of the panel;
(b)
the Council may fix or approve
the terms of reference for the panel;
(c)
the public shall be given an opportunity to participate in the
assessment conducted by the panel;
(d)
on completion of the
assessment, the report of the panel shall be submitted to the Council; and
(e)
the panel's report shall be
published.
45.
Where the Council establishes a review
panel jointly with a jurisdiction referred to in subsection 37(1) of this
Decree, the assessment conducted by that panel shall be deemed to satisfy any
requirements of this Decree, respecting assessment by a review panel.
46. (1)
Where the referral of a
project to a review panel is required or permitted by this Decree and the
Council is of the opinion that a process for assessing the environmental
effects of projects that is followed by a Federal authority under a Decree or
an Act of Parliament other than this Decree or by a body referred to in section
37(1)(d) of this Decree would be appropriate substitute, the Council may
approve the substitution of that process for an environmental assessment by a
review panel under this Decree.
(2)
An approval of the Council
pursuant to subsection (1) of this section shall be in writing and may be given
in respect of a project or a class of projects.
47.
The Council shall not approve a
substitution pursuant to subsection 46(1) of this Degree unless the Council is
satisfied that –
(a)
the process to be substituted includes a consideration of the factors
referred to in section 11 of this Decree;
(b)
the public has been given an opportunity to participate in the
assessment;
(c)
at the end of the assessment,
a report has been submitted to the Council; and
(d)
the report has been published.
48.
Where the Council approves a
substitution of a process pursuant to section 46(1) of this Decree, an
assessment that is conducted in accordance with that process shall be deemed to
satisfy any requirements of this Decree, in respect of assessment by a panel.
49. (1)
Where
a project for which an environmental assessment is not required under section 5
of this Decree, is to be carried out in a State and the President,
Commander-in-Chief of the Armed Forces is of the opinion that the project is
likely to have serious environmental effects in another State, the Council may
establish a review panel, to conduct an assessment of the inter-State
environmental effects of the project.
(2)
The Council shall not
establish a review panel pursuant to subsection (1) of this section where the
President, Commander-in-Chief of the Armed Forces and the governments of all
interested States have agreed on another panel of conducting an assessment of
the inter State environmental effects of the project.
(3)
A
review panel may be established pursuant to subsection (1) of this section on
the President, Commander-in-Chief of the Armed Forces initiative of the
President, Commander-in-Chief of the Armed Forces or at the request of the
government of any interested State.
(4)
At east ten days, before
establishing a review panel pursuant to subsection (1) of this section, the
President, Commander-in-Chief or the Armed Forces shall give notice of the
intention to establish a panel to the proponent of the project and to the State
or all interested States.
(5)
For the put of this traction
and section 45(3) of this Decree, "interested State" means
(a)
a State in which the project
is to be carried out; or
(b)
a State that claims that serious adverse environmental effects are
likely to occur in that State as a result of the project.
50. (1)
Where a project for which an
environmental assessment required under section 5 of this Decree is to be
carried out in Nigeria or on federal lands and the President, Commander-in
Chief of the Armed Forces is of the opinion that the project is likely to cause
serious adverse environmental effects outside Nigeria and those Federal lands,
the Agency and the Minister of Foreign Affairs may establish a review panel to
conduct an assessment of the international environmental effects of the
project.
(2)
At least ten days before
establishing a review panel pursuant to subsection (1) or (2) of this section,
the Agency shall give notice of the intention to establish a panel to –
(a)
the proponent of the project;
(b)
the governments of any interested States in which the project is to be carried
out; and
(c)
the government of any foreign State in which in the opinion of the
Minister of Foreign Affairs, serious adverse environmental effects are likely
to occur as a result of the project.
51. (1)
Where a project for which an
environmental assessment is not required under section 15 of this Decree is to
be carried out in Nigeria and the Agency or the President, Commander-in-Chief
of the Armed Forces is of the opinion that the project is likely to cause
serious adverse environmental effect on Federal Lands or on lands in respect of
which a State or Local Government has interests, the Agency or the President
may establish a review panel to conduct an assessment of the environmental
effects of the project on those lands.
(2)
Where a project for which an
environmental assessment is not required under section 5 of this Decree, is to
be carried out on lands in a Local Government land or on lands that have been set
aside for the use and benefit of certain class of persons pursuant to
legislation and the Agency is of the opinion that the project is likely to
cause serious environmental effects outside those lands, the Agency may
establish a review panel to conduct an assessment of the environmental effects
of the project outside those lands.
(3)
At least ten days before a
review panel is established pursuant to subsection (1) or (2) of this section,
the Agency shall give notice of the intention to establish a panel to the
proponent of the project and to the governments of all interested States and
if, in the case of a project that is to be carried out the Agency is of the
opinion that
(a)
is likely to cause or have
serious adverse environmental effects on lands in a reserve that is set apart
for the use and benefit of a certain class of persons, to that class of
persons;
(b)
on settlement lands described
in comprehensive land claims agreement referred to in subsection (2) if this
section to the party to the agreement; and
(c)
on lands that have been set
aside for the use and benefit of certain class of persons to that class of
persons
(4)
For the purposes of this
Decree, a reference to any land areas or reserves includes a reference to all
waters on and air above those lands, areas or reserves.
52.
Sections 30 to 33 and 37 to 39 of this
Decree shall apply, with such modifications as the circumstances require, to
review panel established pursuant to sections 43(1), 44(1) or 45(1) or (2) of
this Decree.
53. (1)
Where the
Agency after the appraisal of the President, Commander-in-Chief of the Armed
Forces' assessment of the environmental effects of a project referred to in
sections 43(1), 44(1) or 45(1) or (2) of this Decree the President,
Commander-in-Chief of the Armed Forces may, by order published in the Gazette,
prohibit the proponent of the project from doing any act or thing that would
commit the proponent to ensuring the project is carried out in whole or in part
until the assessment is completed and the Agency is satisfied that the project
is not likely to cause any serious adverse environmental effects or that any
such effects shall be mitigated or are justified in the circumstances.
(2)
Where
a review panel established to access the environmental effects of a project
referred to in subsection 43(1), 44(1) or 45(1) or (2) of this Decree submits a
report to the Agency indicating that the project is likely to cause any serious
adverse environmental effects, the Agency may prohibit the proponent of the
project from doing any act or thing that would commit the proponent to ensuring
that the project is carried out in whole or in part until the Agency is
satisfied that such effects have been mitigated.
54. (1)
Where, on the application of
the Agency, it appears to court of competent jurisdiction that a prohibition
made under section 47 of this Decree in respect of a project has been, is about
to be or is likely to be contravened, the court may issue an injunction
ordering any person named in the application to refrain from doing any act or
thing that would commit the proponent to ensuring that the project or any part
thereof is carried out until –
(a)
with respect to a
prohibition made pursuant to section 47(1) of this Decree the assessment of the
environmental effects of the project referred to in sections 43(1), 44(1) or
45(1) or (2) of this Decree completed and the Agency satisfied that the project
is not likely to cause any serious adverse environmental effects or any such
effects shall be mitigated or are justified in the circumstances; and
(b)
with respect to a prohibition made
pursuant to section 47(2), of this Decree the Agency is satisfied that the
serious adverse environmental effects referred to in that subsection had been
mitigated.
(2)
At least forty-eight hours before an
injunction is issued under subsection (1) of this section, notice of the
application shall be given to the persons named in the application unless the
urgency of the situation is such that the delay involved in giving such notice
would not be in the public interest.
55. (1)
Any
prohibition under section 47 of this Decree shall come into force on the day it
is made.
(2)
The prohibition shall cease to
have effect fourteen days after it is made unless within that period, it is
approved by the President, Commander- in -Chief of the Armed Forces.
Agreements and Arrangements
56. (1)
Where a Federal authority or
the Government of Nigeria on behalf of a Federal authority enters into
agreement or arrangement with the government of a State or any institution of
such a government under which a Federal authority exercises a power or performs
a Duty or function referred to in section 15(b) or (c) of this Decree in
relation to projects –
(a)
that have not been identified
at the time power is exercised or the duly or function is performed; and
(b)
in respect of which the
Government of Nigeria or the federal authority as the case may be, shall have
no power to exercise or duty or function to perform when the projects are
identified,
the
Government of Nigeria or the Federal authority concerned shall ensure that the
agreement or arrangement provides for the assessment of the environmental
effects of those projects and that the assessment shall he carried out as early
as practicable in the planning stages those projects.
(2)
Where a Federal authority or
the Government of Nigeria on behalf of a Federal authority enters into an
agreement with the government of a Foreign State or of a subdivision of a
foreign State, an international organisation of a foreign States, any
institution of such a government or organisation, under which a Federal
authority exercises a power or performs a duty or function referred to in
section 5(b) or (c) of this Decree in relation to the projects
(a)
that have not been identified
at the time the power is exercised or the duty or function is performed, and
(b)
in respect of which the
Government of Nigeria or the Federal authority, as the case may be, shall have
no power to exercise or duty or function to perform when the projects are
identified.
the
Government of Nigeria or the Federal authority shall ensure that the agreement
or arrangement provides for the assessment of the environmental effects of
those projects and that the assessment shall be carried out as early as
practicable in the planning stages of those projects.
Access to Information
57. (1)
For
the purpose of facilitating public access to records relating to environmental
assessments, a public registry shall be established and operated in accordance
with the provisions of this Decree in respect of every project for which an
environmental assessment is conducted.
(2)
The public registry in respect
of a project shall be maintained
(a)
by the Agency from the
commencement of the environmental assessment until any follow-up program in
respect of the project is completed; and
(b)
where the project is referred
to mediation or review panel, by the Agency from the appointment of the
mediator or the members of the review panel until the report of the mediator or
review panel is submitted to the Agency or the Secretary to the Government of
the Federation as the case may be.
(3)
Subject to subsection (4) of
this section, a public registry shall contain all records and information
produces, collected or submitted with respect to the environmental assessment
of the project, including
(a)
any report relating to the
assessment;
(b)
any comments filed by the
public in relation to the assessment; and
(c)
any record prepared by the
Agency for the purposes of section 35 of this Decree.
(4)
A public
registry shall contain a record referred to in subsection (3) of this section
if the record falls within one of the following categories-
(a)
records that have otherwise
been made available to the public carrying out the assessment pursuant to this
Decree and any additional records, that have otherwise been made publicly available;
(b)
any record or part of a record
that the Agency, in the case of a record in its possession, or any other
Ministry or government agency determines would have been disclosed to the
public if a request had been made in respect of that record at The time the
record was filed with the registry, including any record that would be
disclosed in the public interest;
(c)
any record or part of a
record, except a record or part containing third party information, if The
President in the case of a record in the Agency's possession, or the President
believes on reasonable grounds that its disclosure would be in the public
interest because it is required in order for the public to participate
effectively in the assessment,
(5)
Notwithstanding
any other enactment, no civil or criminal proceedings shall lie against the
Agency, or against any person acting on behalf of or under the direction of,
and no proceedings shall lie against the State or any of its agencies for the
disclosure in good faith of any record or any part of a record pursuant to this
Decree, for any consequences that flow from that disclosure, for the failure to
give any notice if reasonable care is taken to give the required notice.
(6)
For the purposes of this
section, "third party information" means –
(a)
trade secrets of a third
party;
(b)
financial, commercial, scientific or technical information that is
confidential information supplied to a government institution by a third party
and is treated consistently in a confidential manner by the third party;
(c)
information the disclosure of
which could reasonably be expected to result in material financial loss or gain
to, or could reasonably be expected to prejudice the competitive position of a
third party; and
(d)
information the disclosure of
which could reasonably be expected to interfere with contractual or other
negotiations of a third party.
58. (1)
During each year, the Agency
shall maintain a statistical summary of all the environmental assessments undertaken
or directed by it and all courses of action taken, and all decisions made, in
relation to the environmental effects of the project after the assessments were
completed.
(2)
The Agency shall ensure that
the summary for each year is compiled and completed within one month after the
end of that year.
59.
An application for judicial review
in connection with any matter under this Decree shall be refused when. the sole
ground for relief established in the application is a is a defect in form or a
technical irregularity.
Part III
Miscellaneous
60.
(1) For
the purposes of this Decree, the Agency may-
(a)
issue guidelines and codes of
practice to assist in conducting assessment. of the environmental effects of
projects;
(b)
establish research and
advisory bodies;
(c)
enter into agreements or
arrangements with any jurisdiction within the meaning of section37(1)(a), (b),
(c) or (d) respecting assessments of environmental effects;
(d) enter
into agreements or arrangements with States for the purposes of coordination,
consultation, and exchange of information in relation to The assessment of the
environmental effects of projects of common interest;
(e) recommend
the appointment of members to bodies established by federal authorities or to
bodies referred to in section 37(1)(d) of this Decree on a temporary basis, for
the purpose of facilitating a substitution pursuant to section 40 of this
Decree;
(f)
establish criteria for the
appointment of mediators and members of review panels; and
(g)
establish criteria for the
approval of a substitution pursuant to section 40 of this Decree.
61.
The Agency, with the approval of the President, Commander-in
Chief of the Armed Forces may make regulations, published in the Gazette-
(a)
respecting the procedures and
requirements of, and the time or period relating to the environmental
assessment process set out in or including the conduct of assessment by review
panels established pursuant to section 37 of this Decree:
(b)
prescribing a list of projects
or classes of projects for which an environmental assessment is not required,
where the Council with the approval of the President, Commander-in-Chief of the
Armed Forces is of the opinion that the environmental effects of the projects
are likely to be negligible;
(c)
prescribing a list of projects
or classes of projects not covered by, the best of mandatory study list in the
Schedule to this Decree for which a mandatory study is required where the
Council is of the, opinion that the projects are likely to have significant
adverse environmental effects;
(d)
prescribing a list of projects or classes of
projects for which or environmental assessment is not required, when, the
Council is of the opinion that the contribution of the Agency to powers or the
performance of its duties or functions is minimal;
(e)
prescribing a list For which
an environment assessment is required, where the Council is of the opinion that
an environmental assessment of the projects would be inappropriate for reasons
of national security
62.
Any person who fails to comply with the
provisions of this Decree shall be guilty of an offence under this Decree and
on conviction in the case of an individual to N 100,000 fine or to five years
imprisonment and in the case of a firm or corporation to a fine of not less
than N50,000 and not more than N 1,000,000
63.
(1)
In this Decree, unless the context otherwise
provides
"Agency" means the Nigerian Environmental Protection Agency
established by the Federal Environmental Protection Act;
"assessment by a review panel" means an environmental assessment that
is conducted by a review panel appointed pursuant to section 30 and that
includes a consideration of the factors set out in subsections 11(1) and (20)
of this Decree
"Council" means the Federal Environmental Protection Council
established by the Federal Environmental Protection Agency Act;
"environment" means the components of the Earth, and includes-
(a) land,
water and air, including all layers of the atmosphere,
(b)
all organic and inorganic
matter and living organisms, and
(c)
the interacting natural
systems that include components referred to in paragraphs (a) and (b);
"Environmental assessment" means, in respect of a project, an
assessment of the environmental effects of the project that is conducted in
accordance with this Decree and any regulations made thereunder;
"environmental effect" means, in respect of a project,
(a)
any change that the project
may cause to the environment,
(b) any
change the project may cause to the environment, whether any such change occurs
within or outside Nigeria, and includes any effect of any such change on health
and socio-economic conditions;
"exclusion list" means any list prescribed pursuant to paragraph
55(1)(b), (d) or (e) or section 55(2) of this Decree;
"federal authority" means -
(a)
a Minister of the Government
of the Federation of Nigeria;
(b)
any agency of the Government
of Nigeria or other body established by or pursuant to an Act, Decree, Law or
Edict that is ultimately accountable through a Governor of the State of Nigeria
in the conduct of its affairs;
(c)
any other prescribed body, but
does not include the Commissioner in a Local Government;
"Federal Lands" means -
(a)
lands that belong to the Federal Government of
Nigeria in which Nigeria has a right thereon or has the power to dispose of and
all waters on and air space above those land
(b)
the following lands and areas
namely,
(i) the
internal waters of Nigeria within the meaning of the Sea Fisheries Decree 1992,
including the sealed and subsoil below and the airspace above those waters,
(ii)
the territorial sea of Nigeria as
determined in accordance with the Nigerian Territorial Waters Act, including
the seabed and subsoil below and the airspace above that sea,
(iii)
any fishing zone of Nigeria
prescribed under The Sea Fisheries Decree 1992;
(iv) any
exclusive economic zone that may be created by the Government of Nigeria; and
(v)
the continental shelf, consisting of the seabed and
subsoil of the submarine areas that extend beyond the territorial sea
throughout the natural prolongation of the land territory of Nigeria to the
outer edge of the continental margin or to a distance of two hundred nautical
miles from the inner limits as may be prescribed pursuant to a Decree or an
Act, and
(c)
reserves, surrendered lands and any other lands
that are set apart for the use and benefit of a class of Nigerians by the
Federal Government of Nigeria and all waters on and airspace above those reserves
or surrendered lands:
"follow-up program" means a program for -
(a)
verifying the accuracy of the
environmental assessment of a project; and
(b)
determining the effectiveness
of any measures taken to mitigate the adverse environmental effects of the
project;
"mandatory study" means an environmental assessment that is conducted
pursuant to, section 17 and that includes a consideration of the factors set in
subsection 11(1) and (2) of this Decree;
"mandatory study list" means the list in the Schedule to this Decree
and those that may be prescribed pursuant to section 55(l)(c) of this Decree;
"mandatory study report" means a report of a mandatory study that is
prepared in accordance with the provisions of this Decree or any regulations
made thereunder;
"mediation" means an environmental assessment that is conducted with
the assistance of a mediator appointed pursuant to section 26 of this Decree
and that includes a consideration of the factors set out in section 11(1) and
(2) of this Decree;
"mitigation" means, in respect of a project, the elimination,
reduction or control of the adverse environmental effects of the project, and
includes restitution for any damage to the environment caused by such effects
through replacement restoration, compensation or any other means;
"prescribed" means prescribed by regulations;
"project"
means a physical work that a proponent proposes to construct, operate, modify,
decommission, abandon or otherwise carry out or a physical activity that a
proponent proposes to undertake or otherwise carry out;
"proponent", in respect of a project, means the person, body or
federal authority that proposes the project;
"record" includes any correspondence, memorandum, book, plan, map
drawing, diagram, pictorial or graphic work, photograph, film, microform, sound
recording, videotape, machine readable record, and any other documentary
material, regardless of physical form or characteristics, and any copy thereof;
"responsible authority" in relation to a project, means a Federal
authority that is required pursuant to subsection 7(1) of this Decree to ensure
that an environmental assessment of the project is conducted;
"responsible Minister" means, in respect of a responsible authority,
(a) in
the case of a department or ministry of State, The Minister or Commissioner
presiding over that department or ministry, and
(b)
in any other case, such member of the National
Executive Council or State Executive Council as is designated as the
responsible Minister or Commissioner for that responsible authority;
"screening"
means an environmental assessment that is conducted pursuant to section13 of
this Decree and that includes a consideration of the factors set out in section
11(1) of this Decree:
"screening report" means a report that summarises the results of a
screening.
(2)
For the purposes of this
Decree, a company is controlled by another company if -
(a)
securities of the corporation
to which are attached more than fifty per cent of the votes that may be cast to
elect directors of the corporation are held, other than by way of security
only, by or for the benefit of that corporation; and
(b)
the votes attached to those
securities are sufficient, if exercised, to elect a majority of the directors
of the corporation.
64.
This Decree may be cited as the
Environmental Impact Assessment Decree 1992
Schedule
Mandatory Study Activities
1.
Agriculture
(a)
Land development schemes
covering an area of 500 hectares or more to bring forest and into agricultural
production.
(b)
Agricultural programmes
necessitating the resettlement of 100 families or more.
(c)
Development of agricultural
estates covering an area of 500 hectares or more involving changer in type of
agricultural use.
2.
Airport
(a)
Construction of airports
(having an airstrip of 2,500 metres or more
(b)
Airstrip development in State
and national parks.
3.
Drainage and Irrigation
(a)
Construction of dams and
man-made lakes and artificial enlargement of lakes with surface areas of 200
hectares or more.
(b)
Drainage of wetland, wild-life
habitat or of virgin forest covering an area of 100 hectares or more.
(c)
Irrigation schemes covering an
area of 5,000 hectares or more.
4.
Land Reclamation
(a)
Coastal reclamation involving
an area of 50 hectares or more.
5.
Fisheries
(a) Construction
of fishing harbours.
(b)
Harbour expansion involving an increase of 50 per
cent or more in fish landing capacity per annum.
(c)
Land based aquaculture
projects accompanied by clearing of mangrove swamp forests covering an area of
50 hectares or more.
6.
Forestry
(a)
Conversion of hill forest land
to other land use covering an area of 50 hectares or more.
(b)
Logging or conversion of
forest land to other land use within the catchment area of reservoirs used for
municipal water supply, irrigation or hydro power generation or in areas
adjacent to state and national parks and national marine parks.
(c) Logging
covering an area of 500 hectares or more.
(d)
Conversion of mangrove swamps
for industrial, housing or agricultural use covering an area of 50 hectares or
more.
(e)
Clearing of mangrove swamps on
islands adjacent to national marine parks.
7.
Housing
8.
Industry
(a)
Chemical
Where
production capacity of each product or of combined products is greater than 100
tonnes/day,
(b) Petrochemicals
all sizes.
(c)
Non-ferrous primary smelting
Aluminium - all sizes
Copper
- all sizes
Others
- producing [50?] tonnes/day and above of product
(d)
Non-metallic
-
Cement - for clinker throughput of 30 tonnes/hour and above
- Lime
- 100 tonnes/day and above burnt lime rotary kiln or 50 tonnes/day and above
vertical kiln.
(e) Iron
and steel
-
Require iron ore as raw materials for production greater than 100 tonnes/day;
or
-
Using scrap iron as raw materials for production greater than 200 tonnes per
day.
(f)
Shipyards
- Dead
Weight Tonnage greater than 5000 tonnes.
(g)
Pulp and paper industry
-
Production capacity greater than 50 tonnes/day
9.
Infrastructure
(a) Construction
of hospitals with outfall into beachfronts used for, recreational purposes.
(b) Industrial
estate development for medium and heavy industry covering an area of 50
hectares or more.
(c)
Construction of Expressways.
(d)
Construction of national
highway.
(e)
Construction of new townships.
10.
Ports
(a) Construction
of ports.
(b) Port
expansion involving an increase of 50 percent or more in handling capacity per
annum.
11.
Mining
(a)
Mining of materials in new
areas where the mining lease covers a total area in excess of 250 hectares.
(b)
Ore processing, including
concentrating for aluminium, copper, gold or tantalum.
(c) Sand
dredging involving an area of 50 hectares or more.
12.
Petroleum
(a)
Oil and gas fields
development.
(b)
Construction of off-shore
pipelines in exceed of 50 kilometres in length.
(c)
Construction of oil and gas
separation, processing, handling, and storage facilities.
(d)
Construction of oil refineries.
(e)
Construction of product depots
for the storage of petrol, gas or diesel (excluding service stations) which are
located within 3 kilometres of any commercial, industrial or residential areas
and which have a combined storage capacity of 60,000 barrels or more.
13.
Power Generation and Transmission
(a)
Construction of steam generated power stations
burning fossil fuels and having a capacity of more than 10 megawatts.
(b)
Dams and hydroelectric power schemes with either or both of the following.
(i)
dams over 15 metres high and
ancillary structures covering a total area in excess of 40 hectares;
(ii) reservoirs
with a surface area in excess of 400 hectares;
(c)
Construction of combined cycle
power stations.
(d)
Construction of nuclear-fueled
power stations.
14.
Quarries
Proposed quarrying of aggregate, limestone, silica, quartzite, sandstone marble
and, decorative building stone within 3 kilometeres of any existing
residential, commercial or industrial areas, or any area for which a licence,
permit or approval has been granted for residential, commercial or industrial
development.
15.
Railways
(a)
Construction of new routes.
(b)
Construction of branch lines.
16.
Transportation
17.
Resort and Recreat1onal Development
(a)
Construction of coastal resort-facilities or hotels
with more than 80 rooms.
(b)
Hill station resort or hotel
development covering an area of 50 hectares or more.
(c) Development
of tourist or recreational facilities in national parks.
(d)
Development of tourist or
recreational facilities, on islands in surrounding waters which may be declared
as national marine parks.
18.
Waste Treatment and Disposal
(a)
Toxic and Hazardous Waste
(i)
Construction of incineration
plant.
(ii)
Construction of recovery plant
(off-site)
(iii)
Construction of waste water treatment
plant (off-site).
(iv)
Construction of secure landfill facility.
(v)
Construction of storage facility (off-site).
(b)
Municipal Solid Waste
(i)
Construction of incineration
plant.
(ii). Construction
of composing plant.
(iii)
Construction
of recovery/recycling plant.
(iv)
Construction of municipal solid waste
landfill facility.
(c)
Municipal Sewage
(i)
Construction of waste water treatment plant.
(ii)
Construction of marine outfall.
19.
Water Supply
(a)
Construction of dams,
impounding reservoir with a surface area of 200 hectares or more.
(b) Groundwater
development for industrial, agricultural or urban water supply of greater than
4,500 cubic metres per day.
Made at Abuja this 10th day of December 1992.
General I. B. Babangida,
President, Commander-in Chief of the Armed
Forces
Federal Republic of Nigeria
A BILL
FOR AN ACT TO AMEND THE ENVIRONMENT IMPACT ASSESSMENT ACT, CAP.E12, LAWS OF THE
FEDERATION OF NIGERIA 2004 TO STRENGTHEN THE PROCESS OF APPROVALS AND DECISION MAKING
ON PROJECT INCLUSIVE AND FOR OTHER CONNECTED PURPOSES
Sponsored
bySENATORGRACEF. BENT [ J Commence- ment. BE ITENACTEDBY THENational Assembly
of the Federal Republic of Nigeria-
1. The
Environment Impact Assessment Act, Cap. E12 Laws of the Amendment of the
Environ- 2 Federation 2004 (hereinafter referred to as the principal Act is
amended as set ment Impact Assessment " out in this Bill. Act . .J r 4 2.
This Act may be cited as the Environment Impact Assessment Act Short Title. 5
(Amendment) Bill, 2010. 6 3. Section 4 of the principal Act is amended by
inserting the word Amendment of Section 4. 7 "location" immediately
after the word "proposed" in paragraph (a). 8 4. Section 7 of the
principal Act is amended by inserting a new subsection Amendment of Section 7.
9 (1) (a) and (b) to read as follows- 10 (1)For the purpose of this section
"interested groups" means - 11 (a) Members and residents of the
particular area where the proposed 12 activities is to take place 13 (b) Any
person or group of persons that claims that serious adverse 14 environmental
effects are likely to occur on them as a result of the project 15 or activity.
16 5. Section 11of the principal Act is amended in subsection (2) by inserting
Amendment of Section 1l. l7 the following new words "in English and the
local language predominant in the 18 location of the proposed activity" immediately
after the word place in line 3. 19 6. Section 21 of the principal Act is
amended by inserting a proviso Amendment of Section 2l. 20 immediately after
subsection (3) to read as follows- 21 "Provided that such opportunity
shall include making available to the
C 2070
2010 No.
, i
Environment
Impact Assessment Act (Amendment)
Amendment
of Section 24.
Amendment
of Section 35.
Insertion
of new Section 58A.
Amendment
of Section 61.
2
public
all screening report at no cost"
7.
Section 24 subsection (1) of the principal Act amended by inserting the
3
following new words:
4
"and including in the local language predominant inthe area of the
proposed
5
project" in line 2 immediately after the word appropriate,
6 And in
subsection (1) (a) by inserting the following new words immediately
7 after
the word obtained "Provided that one of such places shall be the place
8 of the
local community leader where the project is located".
9 8.
Section 35 of the principal Act is amended by substituting the existing
10 paragraph
(a) to read as follows-
11
"(a) appoint as members of the panel including the Chairman thereof,
12
representatives of the Chartered Institute of Surveyors and Valuers, States
I3
National Environmental Standards Enforcement and Regulatory Agency and
14 any
other professional body the Council may deem fit" .
15 9. The
principal Act is amended by inserting the following heading and
16 new
section immediately after section 58 -
18
19
20
21
22
23
24
58A.-(1)
Every project proponent shall in addition to any
other
condition, submit a security bond, the value of which the
Agency
shall prescribe for the re-mediation of any adverse
environmental
impact after completion of the project.
(2)
Provided that such security bond shall be returned to
the
proponent project if no adverse environment impact occurs
24 month
after the completion of the project" . 10.Section 61 of the Principal Act
is amended by redefining the words
17
"Security Bond.
25
"Agency" and "Council" in paragraph 1and 3 respectively as
follows-
26
"Agency" means the National Environmental Standards Regulation and
27
Enforcement Agency
28
"Council" means the National Environmental Standards Regulation and
29
Enforcement Agency Council.
Environment
Impact Assessment Act (Amendmenf) 2010 No. C 2071
EXPLANATORY
MEMORANDUM
This Bill
seeks to amend the Environment Impact Assessment Act, Cap. El2 Laws of the
Federation to make it responsive by ensuring that project developers, approving
authority and persons whose livelihood will be affected by the proposed project
are involved in the decision making to safeguard the environment and ensure
adequate re-mediation of the environment.
|
A SYNOPSIS OF LAWS
AND REGULATIONS ON THE ENVIRONMENT IN NIGERIA
|
||||||
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The role of
legislation in inducing responsible attitudes and behaviours towards the
environment cannot be overlooked. Legislation serves as an effective
instrument for environmental protection, planning, pollution, prevention and
control. The following provides a summary of Nigerian legislation on the
environment.
- The Constitution of the Federal Republic of Nigeria (1999) - National Environmental Standards and Regulations Enforcement Agency (NESREA) Act - Environmental Impact Assessment Act - The Land Use Act - Harmful Waste (Special Criminal Provisions) Act - Hydrocarbon Oil Refineries Act - Associated Gas re-injection Act - The Endangered Species Act - Sea Fisheries Act - Exclusive Economic Zone Act - Oil Pipelines Act - Petroleum Act - Petroleum Products and Distribution (Management Board) Act - Territorial Waters Act - Nuclear Safety and Radiation Protection Act - Nigerian Mining Corporation Act - Quarantine Act - River Basins Development Authority Act - Pest Control of Production (special powers) Act - Agricultural (Control of Importation) Act - Animal Diseases (control) Act - Bees (Impact Control and Management) Act - Civil Aviation Act - Factories Act - Water Resources Act - Hides and Skins Act - Federal National Park Act - Niger-Delta Development Commission (NDDC) Act. |
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CONSTITUTION OF THE
FEDERAL REPUBLIC OF NIGERIA (1999)
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The constitution,
as the national legal order, recognizes the importance of improving and
protecting the environment and makes provision for it. Relevant sections are:
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NATIONAL
ENVIRONMENTAL STANDARDS AND REGULATION ENFORCEMENT AGENCY (NESREA) ACT 2007
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Administered by the
Ministry of Environment, the National Environment Standards and Regulation
Enforcement Agency (NESREA) Act of 2007 replaced the Federal Environmental
Protection Agency (FEPA) Act. It is the embodiment of laws and regulations
focused on the protection and sustainable development of the environment and
its natural resources. The following sections are worth noting:-
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REGULATIONS (UNDER
NESREA)
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National Effluent Limitation Regulations.
Federal Solid and Hazardous Waste Management Regulations (1991).
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ENVIRONMENTAL
IMPACT ASSESSMENT (EIA) ACT. CAP E12, LFN 2004.
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An Environmental
Impact Assessment (EIA) is an assessment of the potential impacts whether
positive or negative, of a proposed project on the natural environment:
The E.I.A Act, as it is informally called, deals with the considerations of environmental impact in respect of public and private projects. Sections relevant to environmental emergency prevention under the EIA include:-
THE NIGERIAN URBAN AND REGIONAL PLANNING ACT
CAP N138, LFN 2004 The Urban and Regional Planning Act is aimed at overseeing a realistic, purposeful planning of the country to avoid overcrowding and poor environmental conditions. In this regard, the following sections become instructive:-
LAND USE ACT
CAP 202, LFN 2004 The Land Use Act places the ownership, management and control of land in each state of the federation in the Governor. Land is therefore allocated with his authority for commercial, agricultural and other purposes.
HARMFUL WASTE (SPECIAL CRIMINAL PROVISIONS) ACT
CAP H1, LFN 2004 The Harmful Waste Act prohibits, without lawful authority, the carrying, dumping or depositing of harmful waste in the air, land or waters of Nigeria. The following sections are notable:
HYDROCARBON OIL REFINERIES ACT, CAP H5, LFN 2004.
The Hydrocarbon Oil Refineries Act is concerned with the licensing and control of refining activities. Relevant sections include the following:-
OIL IN NAVIGABLE WATERS ACT, CAP 06, LFN 2004.
The Oil in Navigable Waters Act is concerned with the discharge of oil from ships. The following sections are significant:-
ASSOCIATED GAS RE-INJECTION ACT, CAP 20, LFN 2004.
The Associated Gas Re-Injection Act deals with the gas flaring activities of oil and gas companies in Nigeria. The following sections are relevant to pollution prevention:-
THE ENDANGERED SPECIES ACT , CAP E9, LFN 2004.
This Act focuses on the protection and management of Nigeria’s wildlife and some of their species in danger of extinction as a result of overexploitation. These sections are noteworthy:
SEA FISHERIES ACT, CAP S4, LFN 2004.
The Sea Fisheries Act makes it illegal to take or harm fishes within Nigerian waters by use of explosives, poisonous or noxious substances. Relevant sections include the following:-
INLAND FISHERIES ACT, CAP I10, LFN 2004.
Focused on the protection of the water habitat and its species, the following sections are instructive:
EXCLUSIVE ECONOMIC ZONE ACT, CAP E11, LFN 2004.
The Exclusive Economic Zone Act makes it illegal to explore or exploit natural resources within the Exclusive zone without lawful authority. The Federal Government regulates the activities of the Exclusive Zone.
OIL PIPELINES ACT, CAP 07, LFN 2004.
The Oil Pipelines Act and its Regulations guide oil activities. The following sections are pertinent;
OIL PIPELINES REGULATIONS (UNDER OIL PIPELINES ACT)
PETROLEUM ACT, CAP P10, LFN 2004.
The Petroleum Act and its Regulations remain the primary legislation on oil and gas activities in Nigeria. It promotes public safety and environmental protection. The following sections are relevant:
REGULATIONS
PETROLEUM DRILLING AND PRODUCTION REGULATIONS:
PETROLEUM REFINING REGULATION
MINERAL OIL SAFETY REGULATIONS AND CRUDE OIL TRANSPORTATION AND
SHIPMENT REGULATIONS.
These Regulations
prescribe precautions to be taken in the production, loading, transfer and
storage of petroleum products to prevent environmental pollution.
PETROLEUM PRODUCTS AND DISTRIBUTION ACT, CAP P12, LFN 2004.
Under this Act, the offence of sabotage which could result in environmental pollution is punishable with a death sentence or an imprisonment term not exceeding 21 years.
TERRITORIAL WATERS ACT, CAP T5, LFN 2004.
The Territorial Waters Act makes punishable any act or omission committed within Nigerian waters which would be an offence under any other existing law. NUCLEAR SAFETY AND RADIATION PROTECTION ACT, CAP N142, LFN 2004. The Act is concerned with the regulation of the use of radioactive substances and equipment emitting and generating ionizing radiation. In particular:
NIGERIAN MINING CORPORATION ACT. CAP N120, LFN 2004.
This Act establishes the Nigerian Mining Corporation. It has authority to engage in mining refining activities and to construct and maintain roads, dams, reservoirs, etc. In particular:
QUARANTINE ACT, CAP Q2, LFN 2004.
The Quarantine Act provides authority to make regulations for preventing the introduction, spread and transmission of infectious diseases such as cholera, yellow fever, typhus, etc. Under this Act, violation of any regulation is punishable with a fine of N200 or an imprisonment term of 2 years or both.
RIVER BASINS DEVELOPMENT AUTHORITY ACT, CAP R9, LFN 2004.
The River Basins Development Authority is concerned with the development of water resources for domestic, industrial and other uses, and the control of floods and erosion.
PEST CONTROL PRODUCTION (SPECIAL POWERS) ACT, CAP P9, LFN 2004.
The Pest Control of Production Act is concerned with export produce conditions and pest control. In particular:
AGRICULTURE (CONTROL OF IMPORTATION) ACT, CAP A93, LFN 2004.
The Agriculture Act and its Plant (Control of Importation) Regulations are concerned with the control of the spread of plant diseases and pests. Worth noting is: Section 6 which allows authorized officers to take emergency control measures, and provides for the recovery of costs and expenses incurred by the officers in controlling the situation.
ANIMAL DISEASES (CONTROL) ACT, CAP A17, LFN 2004.
The Animal Disease (Control) Act makes it an offence to import any animal, hatching egg or poultry into Nigerian except under a permit. The following sections are relevant: Section 5 provides an inspector with the authority to take emergency measures where necessary. Section 10 stipulates penalties for contravening any regulation. Section 13 requires owners of trade animals to posses a movement permit and ensure the fitness of their animals. Section 20 provides authority to make regulations that prevent and control the spread of animal diseases.
BEES (IMPORT CONTROL AND MANAGEMENT) ACT, CAP B6, LFN 2004.
It is an offence, under this Act, to import bees or apicultural materials into Nigeria without a valid permit. A person could also be held liable for exceeding the terms of his permit.
CIVIL AVIATION ACT.
CAP C13, LFN 2004. The Civil Aviation Act promotes public safety by providing regulations to secure the safety of persons and property in the aircraft and others who may be endangered by it. FACTORIES ACT, CAP F1, LFN 2004. The Factories Act promotes the safety of workers and professionals exposed to occupational hazards. Under this Act, it is an offence to use unregistered premises for factory purposes. In particular: Section 13 allows an inspector take emergency measures or request that emergency measures be taken by a person qualified to do so in cases of pollution or any nuisance.
WATER RESOURCES ACT, CAP W2, LFN 2004.
The Water Resources Act is targeted at developing and improving the quantity and quality of water resources. The following sections are pertinent: Section 5 and 6 provides authority to make pollution prevention plans and regulations for the protection of fisheries, flora and fauna. Section 18 makes offenders liable, under this Act, to be punished with a fine not exceeding N2000 or an imprisonment term of six months. He would also pay an additional fine of N100 for everyday the offence continues.
HIDES AND SKINS ACT, CAP H3, LFN 2004.
The Hides and Skins Act and its Regulations are concerned with the preparation, quality and trade of hides and skins. It prohibits the use of unlicensed premises or enclosure as a place for the preparation or buying of hides and skins for export.
THE FEDERAL NATIONAL PARKS ACT, CAP N65, LFN 2004.
The National Parks Act is concerned with the establishment of protected areas used for resource conservation, water catchments protection, wildlife conservation and maintenance of the national eco-system balance. NIGER-DELTA DEVELOPMENT COMMISSION (NDDC) ACT, CAP N68, LFN 2004. The Niger-Delta Development Commission Act is concerned with using allocated funds to tackle ecological problems arising from the exploration of oil minerals in the Delta. Section 7 (1) (b) empowers the Commission to plan and to implement projects for the sustainable development of the Delta in the field of transportation, health, agriculture, fisheries, urban and housing development, etc. The Commission, under this Act, has a duty to liaise with oil and gas companies and advice stakeholders on the control of oil spillages, gas flaring and other related forms of environmental pollution.
OTHER LEGISLATION:
Environmental Sanitation Law: This is a law of Lagos State focused on environmental sanitation and protection. It punishes in varying degrees acts like street obstruction, failure to clean side walks, cover refuse bins or dispose wastes properly.
Environmental Pollution Control Law
Section 12 of this law under the Laws of Lagos State makes it an offence to cause or permit a discharge of raw untreated human waste into any public drain, water course or onto any land or water. This offence is punishable with a fine not exceeding N100, 000 (One hundred thousand naira) and in the case of a company, a fine not exceeding N500, 000.
CRIMINAL CODE:
The Criminal Code contains provisions for the prevention of public health hazards and for environmental protection. Hence: Sections 245-248 deal with offences ranging from water fouling, to the use of noxious substances. |
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What are the activities in mandatory study activities under Cap E12 LFN, 2004?
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