ENVIRONMENTAL PROTECTION AGENCY LAW
ARRANGEMENT OF SECTIONS
Establishment and functions of Agency
Establishment and functions of Board
Funds and accounts
[Issue 1] E5 – 2
Pollution control, and offences and enforcement powers
Registration of Environmental Institutions
ENVIRONMENTAL PROTECTION AGENCY LAW
The House of Assembly of CROSS RIVER STATE OF NIGERIA hereby makes the following—
(25th April, 1996)
Establishment and functions of Agency
(1) There is hereby established an agency to be known as the Environmental Protection Agency.
(2) The Agency shall be a body corporate with perpetual succession and common seal and with power to sue and to be sued in its corporate name and to own, hold and dispose of property whether moveable or immovable.
The functions of the Agency shall be—
(b) to initiate and promote policies, programmes and research for the development of environmental science and technology;
(c) to liaise routinely and ensure effective harmonisation with the Federal Environmental Protection Agency in order to achieve the objective of the National Policy on environmental protection a7nd conservation;
(d) to co-ordinate the activities of ministries, parasatals, local government councils, departments, statutory bodies and research organisations on matters relating to environmental protection and conservation;
(e) to identify the ecological problems of the State including the devastating erosion and flood, brief the Government on their causes and effects and find solutions to them;
(f) to establish mechanisms to prevent ecological disasters, identify the problems of drainage and sewage systems and carry out measures to improve, protect and remedy their ecosystems;
(g) to monitor and determine degradations of coastlines, river basins and estuaries and carry out measures to protect and remedy their ecosystems;
(h) to identify water, air and soil pollution and their sources and carry out measures to prevent them;
(i) to monitor the implementation of Environmental Impact Assessment (EIA) and Environmental Audit Report Guidelines and Procedures on all policies and projects within the State;
(j) to organise and carry out public enlightenment and environmental education for the protection and promotion of a healthy environment;
(k) to protect the general ecosystems including flora and fauna by the encouragement of proper agricultural practice and forest conservation; and
(l) to carry out other activities that are necessary or expedient for the protection and sustainable development of the environment and for the full discharge of functions of the Agency.
Without prejudice to the provisions contained in section 2, the Agency shall have the power to—
(a) collect and make available through publications and the mass media, and in cooperation with public or private organisations, basic scientific data and other information pertaining to pollution and environmental protection matters;
(b) enter into contracts with public and private organisations and individuals for the purpose of performing its functions under this Law;
(c) establish, encourage and promote training programmes for its staff and other individuals for the public and private sectors on environmental protection;
(d) establish such procedures for individual and agricultural activities as may be necessary to minimise damage to the environment by such activities;
(e) subject to the terms and conditions approved by the Agency, to engage such staff, agents and other workers as the Agency may require for the purpose of performing its function under this Law;
(f) develop and promote such processes, methods, devices and material as may be necessary for environmental protection and development;
(g) establish laboratories for the testing and analysis of pollutant substances that the Agency considers necessary;
(h) monitor, survey, and control gaseous, liquid and solid waste discharge into the State environment;
(i) assess building plans for new industries in order to ensure that they are properly fitted with adequate provision for waste management facilities;
(j) ensure strict compliance with the relevant provision of the Factories Act in respect of worker protection and noise control;
(k) demand and collect the pollution discharge fees;
(l) ensure in collaboration with the relevant ministries that industries producing harmful waste and noise are not situated in or near residential areas;
(m) advise on the appropriate compensation payable to communities and persons affected by environmental pollution natural disasters;
(n) in collaboration with the State Environmental Sanitation Department and the local government council, control the sitting and management of landfill and waste dump sites;
(o) monitor, regulate and oversee the installation and pollution control device waste treatment method, or waste disposal system and management;
(p) design and encourage the establishment of sewage systems and provide maintenance service for such systems; and
(q) do such other thing and act as the Agency may deem necessary for the performance of its functions under this Law.
Establishment and functions of Board
(1) There is hereby established for the Agency a board to be known as the Board of the State Environmental Protection Agency (hereinafter known as “the Board”).
(2) The Board shall consist of—
(a) the Secretary to the State Government of the State who shall be the Chairman;
(b) the Commissioner charged with the responsibility for—
(i) Agriculture, Water Resources and Rural Development;
(ii) Works, Housing and Transport; Industries, Business Development and Tourism, Education, Health and Social Services and Town and Country Planning;
(c) the Director of the Environmental Protection Agency;
(d) four other part-time members to be appointed by the Governor one of whom shall be an environmental scientist.
A member other than an ex officio member shall hold office for a period of three years but shall be eligible for reappointment for another term of 3 years only.
The office of a member who is not an ex officio member shall become vacant if—
(a) he, by letter under his hand addressed to the Governor, resigns his appointment; or
(b) the Governor at any time revokes the appointment.
A member of the Board other than an ex officio member shall be paid such remuneration and allowances as the Governor may determine.
Subject to this Law, the Board shall—
(a) advise the Governor on general environmental matters, through its Technical Committee;
(b) identify and evaluate technically, the environmental and ecological problems requiring solutions and recommend the same to the National Council on Environment and to the Government for necessary action;
(c) clarify and reinforce the policy on the role of Local and State administrations in the management of waste and other forms of pollution and environmental degradation;
(d) be responsible for the formulation of all environmental policies in the State.
(1) The Board may appoint standing or ad hoc committees as the case may be, to perform on its behalf such functions as it may determine—
(a) for the appointment, promotion, transfer and discipline of staff;
(b) regarding the conditions of service of the staff of the Agency;
(c) relating to the performance of its functions under this Law.
(2) No decision of any committee appointed under subsection (1) of this section shall have effect unless it is ratified by the Board.
Funds and accounts
The funds of the Agency shall consist of—
(a) grants from the Federal Government Agencies and other national and international organisations;
(b) grants from the State Government;
(c) revenue received by the Agency for its services;
(d) funds generated from the registration of environmental and refuse companies and annual pollution discharge charges;
(e) fines from environmental defaulters and waste discharge fees;
(f) grants, donations, endowments and other gifts;
(g) moneys accruing to the Agency from other sources whatsoever.
(1) The Agency shall keep and operate a bank account in any reputable bank and all moneys received on behalf of the Agency shall be paid into the account.
(2) No withdrawal shall be made from the said account unless the cheque or other instrument in respect of such withdrawal is signed by the Director and Accountant.
(2) The Agency shall immediately at the end of each financial year submit to the Governor—
(a) a report of its activities for that financial year;
(b) the profit and loss account of the Agency.
(3) The report of the State Auditor-General on the said account shall be submitted to the Cross River State Executive Council.
The Agency may subject to such terms and conditions approved by the Governor borrow such amounts as it may from time to time require for the performance of any of its functions under the Law.
The Agency may subject to such terms and conditions as may be approved by the Board invest its funds or any part thereof in such securities as it may decide.
The Agency shall not later than the 31st day of October in each year submit to the Governor its budgetary requirements for the next succeeding financial year.
(1) The Board may at such date, time and place as the Chairman may decide hold any meeting for the transaction of its business, provided that the Board shall meet at least once every three months.
(2) The Chairman may at any time on his own motion or shall upon the requisition of any three members convene a meeting.
(1) The Chairman shall preside at any meeting of the Board and in his absence the other members present shall appoint one of their members to preside at such meetings.
(2) The person presiding at such a meeting shall have a casting vote.
Where upon any occasion, the Board desires to obtain the advice of any person on a particular matter, the Board may co-opt such person to be a member for such meeting as it may deem fit and such person shall have the powers and privileges of a member except that he shall not be entitled to vote on any question or count towards the quorum.
The validity of any proceedings of the Board shall not be affected by any vacancy in the membership of the Board or defects in the appointment of any member or by reason that a person not so entitled has taken part in such proceedings.
Notwithstanding section 16 of this Law, a meeting of the Board shall not proceed to business unless a quorum is formed and three members present at such meetings shall form a quorum.
The Board may make standing orders to regulate its own proceedings and those of any of its committees.
Pollution control, and offences and enforcement powers
(1) Any officer of the Agency duly authorised in writing by the Director of the Agency shall have power to enter any place or premises in which manufacturing, industrial or other business activity is taking place for the purpose of enforcing the provisions of this Law.
(2) The officer so authorised shall in particular have power to—
(a) enter and search and if need be seize any item or substance occasioning or reasonably suspected to occasion an offence under this Law, and issue written receipt for the seized item;
(b) perform tests on any sample of the item so seized;
(c) arrest or cause to be arrested any person reasonably believed to have committed an offence under this Law;
(d) enter any land, inland water, building, vehicle, tent, vessel, floating craft or any other structure whatsoever which he has reason to believe or suspect that there exists pollution or environmental degradation of any kind;
(e) examine appliances, devices or other instruments used for the interest of protecting the environment;
(f) require to be produced and examined and take copies of any licence, permit, certificate or any other document required under this Law;
(g) enter and inspect any premises or land where industrial or business activity is being carried out to ascertain environmental pollution levels and where necessary, collect samples, wastes or pollutants for further investigations;
(h) apply enforcement measures to combat environmental pollution and degradations.
Any person who—
(a) wilfully obstructs any authorised officer in the exercise of any powers conferred on him by this Law; or
(b) fails to comply with any lawful enquiry or requirements made by any authorised officer in accordance with the provision of this Law commits an offence and shall on conviction be liable—
(i) in the case of a natural person, to a fine not exceeding ₦10,000 (ten thousand naira) or to imprisonment for a term not exceeding 2 years or to both such fine and imprisonment; and
(ii) in any other case, to a fine not exceeding ₦100,000 (one hundred thousand naira).
An authorised officer shall on demand, declare his office and produce to any person against whom he is taking action, his letter of authority duly signed by the Director of the agency.
(a) which emits obnoxious gas which is injurious to the health of the people; or
(b) which generates a lot of noise; shall not be sited in or near a residential area.
(2) Any industry that discharges toxic matter in the form of liquids, or discharges any industrial effluent liquid waste or other industrial waste shall make adequate arrangements for the disposal of the toxic matter or industrial waste, including, where necessary, the provision of treatment plants which shall treat any such liquid matter before it is finally discharged into the ground: Provided that the arrangements made for the disposal of the toxic or other industrial waste shall in all material particular conform to the standards and guidelines set by the Agency pursuant to this Law.
(3) It shall be an offence for any industry—
(a) to discharge any toxic matter or other industrial waste other than in conformity with the provisions of subsection (2) of this section; or
(b) to discharge any waste liquids into streams, river, creeks or lakes or unto streets, roads, highways or land.
(4) Nothing in this Law shall authorise any person or body of persons corporate or incorporate to construct or use any public or other sewer or any gutter or drain for the purpose of conveying any foul water or other obnoxious liquid into any natural or artificial stream, water course, canal, pond or lake until the water or other liquid had been so treated as not to affect the purity and quality of the water in the stream, water course, canal, pond or lake.
(5) Any person or body of persons whether corporate or incorporate, who discharges any waste into the environment of the State in contravention of the standards and guidelines set by the Agency under this Law commits an offence.
Except such as approved by the Federal or State Environmental Protection Agency for the purpose, the use of any chemical substance or explosives by any person or body of persons whether corporate or incorporate for fishing or farming purposes shall be an offence.
Anybody who commits an offence under sections 25 and 26 of this Law, shall in the case of a natural person, be liable on conviction to a fine not exceeding ₦10,000.00 (ten thousand naira) or to imprisonment for a term not exceeding 2 years or both, and in all other cases be liable to a fine not exceeding ₦250,000.00 (two hundred and fifty thousand naira).
(1) Except where the owner or operator of a vessel or an on-shore or off-shore facility proves that a waste discharge was caused solely by a natural disaster or an act of war or by sabotage, such owner or operator of the vessel or on-shore or off-shore facility from which the was discharge emanates in contravention of section 25 shall, in addition to the penalty specified in section 27, be liable for—
(a) any cost incurred by the State, Local Government, individual or their agent in the abatement or removal of the discharge;
(b) any cost incurred by the State or Local Government in replacing any damaged property or in restoring the affected environment.
(2) The owner or operator referred to in subsection (1) of this section shall upon the occurrence of the discharge—
(a) promptly take steps to mitigate any damage;
(b) give immediate notice to the Agency of the occurrence of the discharge;
(c) promptly commence clean up operations by using the most effective and efficient method at his disposal and promptly comply with such directions as the Agency may give.
The Agency may initiate proceedings in the High Court for the sealing up of any premises including industrial and business, when the Agency is satisfied that any person or corporate body has failed to take sufficient steps to meet the environmental standards set by the Federal Environmental Protection Agency or set in pursuance of this Law, or if any person or corporate body has neglected to comply with the specification of a letter from the Agency requesting that an environmental pollution be abated or mitigated.
The Agency shall from the commencement of this Law register all environmental institutions and companies operating or intending to operate in the State and shall collect registration fees as specified in Schedule 1 to this Law.
(1) As from the commencement of this Law any person or body whether corporate or not, engaged in any industrial manufacturing or economic venture listed in Schedule II to this Law, shall not later than the 31st day of January of each year pay an annual pollution levy in the amount specified in the said Schedule.
(2) Failure to pay the levy at the time stipulated in subsection (1) of this section shall attract an additional charge of one-tenth of the amount due for the year as penalty.
(1) The Agency shall, at the end of each quarter, submit to the Governor a report of its activities and operations during that quarter.
(1) The Agency shall not later than the 31st day of December of each year submit through the Chairman of the Board to the Governor and the National Council on Environment a report on its activities during that year.
(2) The annual report shall be in such form and contain such particulars as the Governor and the National Council on Environment may direct.
The Governor may give to the Board directives of a general or specific nature with respect to the performance of the functions of the Agency and the Board shall comply with the directives.
In any civil action or proceedings, the Agency may at any stage be represented in court by a State Counsel or a Legal Practitioner nominated by the State Attorney General.
(1) There shall be appointed by the Governor an Environmental Scientist with wide knowledge and practical experience in Environmental Protection matters as the Director of the Agency.
(2) The Director of the Agency shall be the Chief Executive and Accounting Officer of the Agency and shall be subject to the general guidelines laid down by the Board—
(a) be responsible for the management of the day-to-day affairs of the Agency;
(b) manage the implementation of the functions and enforce the power laid down by this Law; and
(c) carryout such other activities as may from time to time be directed by the Chairman, the Governor or the National Council on Environment.
(3) The Director shall be paid such salary and remuneration as is applicable to officers of the same rank in the State Civil Service.
(a) making arrangements for meetings of the Board;
(b) preparing the agenda of, and recording the minutes of proceedings of the meetings of the Board;
(c) performing such other functions as the Agency, the Chairman of the Board or the Director may from time to time direct.
(1) The common seal of the Agency shall not be used or affixed to any document except in pursuance of the resolution of the Board, duly recorded in the minutes of such meeting.
(2) The affixing of the common seal of the Agency shall be authenticated by the signatures of the Chairman and the Director of the Agency or of such other members as are generally or specifically authorised in that behalf by the Board.
(3) Any contract or instrument which would not be required to be under seal if entered into or executed by a person may be entered into or executed as the case may be on behalf of the Agency by any person generally or specifically authorised in that behalf by the Board.
(4) Any document purporting to be a document duly executed under the common seal of the Agency shall be received in evidence and shall unless the contrary is proved, be deemed to be executed.
The Board may, subject to the approval of the Governor make regulations for carrying into effect the provisions of this Law and without prejudice to the generality of the foregoing provisions, the Board may, in particular make regulations with respect to—
(a) water quality standard;
(b) air quality standard;
(c) effluent limitation;
(d) atmospheric protection;
(e) ozone protection;
(f) control of hazardous substances and their removal methods;
(g) pollution charge;
(h) environmental impact assessment of new projects and auditing for the old ones;
(i) wild bush burning and devegetation of banks of natural water bodies;
(j) any other matter relating to environmental protection.
The Agency shall be under the superintendence of the Governor’s office.
(1) For the purpose of carrying out its functions the Agency may establish and maintain divisions and units to include—
(c) planning and research;
(d) environmental quality;
(e) ecological preservation;
(f) internal audit unit; and
(g) public enlightenment and mobilisation.
(2) In addition to the above Divisions or Units, the Agency shall establish additional Divisions or units as it may deem necessary.
(1) The Agency shall request for environmental impact statement for any new project likely to affect the environment, which may include alternatives for the purpose of protecting the environment of the State.
(2) The development of the project to which the statement in subsection (1) of this section relates shall commence only after the Agency has certified that the project is not likely to cause damage to the environment if sited.
(3) Where the Agency is not satisfied, it shall request that the project will be redesigned with alternatives, which shall protect the environment.
(4) The Agency when satisfied with the impact assessment shall—
(a) carry out further assessment to ensure that the specifications in the statement are followed;
(b) stop the project where there is an alteration in the development plans that is likely to cause harm to the environment.
(5) Where the developer of any project fails to furnish the Agency with a written impact statement and proceeds to develop a project, the Agency may enter upon such premises and stop any further construction.
(6) The development project stopped under subsection (5) above shall resume only after a proper impact statement is approved by the Agency.
Service under the Agency is pensionable.
(1) The Cross River State Environmental Protection Agency Law 1994 is hereby repealed.
(2) All assets and liabilities which immediately before the commencement of this Law were vested in the defunct Cross River State Environmental Protection Agency shall on the commencement of this Law, be transferred to the Agency and shall by virtue of this Law without any further assurance vest in the Agency.
(3) Any proceedings or cause of action pending or existing immediately before the commencement of this Law for or against the defunct Agency may on the commencement of this Law by continued or commenced as the case may be by or against the Agency instead of thedefunct Agency, to the same extent that the proceedings or cause of action ought to have been continue or commenced by or against the defunct Agency if this Law had not been made.
In this Law, unless the context otherwise requires—
“Agency” means Cross River State Environmental Protection Agency established under section (1) of this Law; “asset” includes property (movable or immovable) resources and funds; “authorised officer” means an employee of the Agency who has a written authority of the Director of the Agency for the purpose of any matter mentioned in the letter of authority and any police officer acting at the instant of the said Director;
“ecological problem” includes all types of erosion, flood, water, land and air pollution, deforestation, extinction of wildlife and aquatic species, and all natural disasters;
“environment” means the water, land and air of Cross River State and all human beings and other creatures whether terrestrial, aquatic or amphibious living therein;
“Governor” means the Governor of the State; “member” means member of the Board;
“natural person” means a human being; “off-shore facility” means any structure, device, equipment or in whether mobile or immobile located on, in, under or over the land area of the State;
“owner” includes occupier;
“pollution” means any harmful or hazardous discharge into the environment caused directly or indirectly by man whether it be gaseous, liquid or solid;
“State” means Cross River State; “task force” means the Task Force established under the Environmental Sanitation and Protection Task Force Law 1984;
“waste” means any unwanted or unused product in whatever state whether liquid, solid or gas from any source whatsoever discharged into the environment and having a present or further harmful or obnoxious effect.
This Law may be cited as the Environmental Protection Agency Law.
Registration of Environmental Institutions
CATEGORYA – (₦20,000.00)
(i) Drainage Contractors;
(ii) Sewage System Contractors;
(iii) Environmental Consultants;
(iv) Industrial and hazardous waste and pollution contractors;
(v) Oil spillage control contractors.
CATEGORYB – (₦5,000.00)
(i) Refuse contractors;
(ii) Refuse management consultants;
(iii) Environmental Laboratory and Technology consultant/companies.
Pollution discharge charges
CATEGORYA – (₦20,000.00 – ₦40,000.00 PER ANNUM)
(i) Cement/Asbestos manufacturing companies;
(ii) Petroleum refining and producing companies; and Petroleum products manufacturing companies;
(iii) Aluminium producing companies;
(iv) Asphalt Bitumen and quarrying producing companies;
(v) Rubber Tyre manufacturing companies;
(vi) Fertiliser/Ammonia/Urea manufacturing companies;
(vii) Petro-chemical/Synthetics fibre companies;
(viii) Fibre, pulp and wood processing companies;
(ix) Gas producing companies;
(x) Battery manufacturing companies;
(xi) Cable, electrical and electronics manufacturing companies;
(xii) Cars/motorcycles assembly plants;
(xiii) Plants manufacturing companies;
(xiv) Pharmaceutical manufacturing companies;
(xv) Industrial machinery manufacturing companies;
(xvi) Brewery companies.
CATEGORYB – (₦10,000.00 – ₦20,000.00)
(i) Carpet and rug manufacturing companies;
(ii) Petroleum product marketing companies;
(iii) Chemical manufacturing companies;
(iv) Food processing/food canning companies;
(v) Beverage producing companies;
(vi) Paint manufacturing companies;
(vii) Flour Mills;
(viii) Palm Oil Mills;
(ix) Rubber processing factories;
(x) Detergent and soap manufacturing companies.
CATEGORYC – (₦5,000.00 – ₦10,000.00)
(i) Mechanical companies;
(ii) Solid Waste Disposal companies;
(iii) Abattoirs and Lairags;
(iv) Printing and Publishing companies (including State and Federal Government owned);
(v) Oil/oil products containeering companies;
(vi) Saw Mills and other medium scale wood/furniture works or factories;
(vii) Animal Feed Mills;
(viii) Match manufacturing companies;
(ix) Sewage collecting agencies; including septic tanks;
(x) Wood and furniture companies;
(xi) Photographic industries, marketing and processing companies.
CATEGORYD – (₦1,000.00 – ₦5,000.00)
(i) Government-owned hospitals, clinics, dispensaries, health centres, etc., with more than two beds;
(ii) Poultry farms with 2,000 or more birds;
(iii) Piggeries with 1,000 pigs and above.
CATEGORYE – (₦2,000.00 – ₦5,000.00)
(i) Hotels with over 10 rooms;
(ii) Petrol filling stations;
(iii) Laboratories (Medical or photography, where chemicals are used in considerable quantities;
(iv) Packaging companies;
(v) Sewage treatment companies;
(vii) Private hospitals and clinics with more than two beds;
(viii) Mechanical tools marketing servicing companies.
ENVIROMENTAL PROTECTION AGENCY LAW
No Subsidiary Legislation