CROSS RIVER – INDISCRIMINATE DUMPING OF REFUSE (PROHIBITION) LAW

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CROSS RIVER STATE LAWS

CHAPTER I3

INDISCRIMINATE DUMPING OF REFUSE (PROHIBITION) LAW

ARRANGEMENT OF SECTIONS

SECTION

  1. Enactment
  2. Offences and penalty.
  3. Mode of payment of fine.
  4. Power to arrest.
  5. Enforcement of law.
  6. Jurisdiction.
  7. Interpretation.
  8. Short title.

 

 

CHAPTER I3

INDISCRIMINATE DUMPING OF REFUSE (PROHIBITION) LAW

A Law to Prohibit the Indiscriminate Dumping of Refuse in unauthorised places in Cross River State.

(18th July, 2000)

[Commencement]

  1. Enactment

Notwithstanding anything to the contrary in any other enactment or Law, no person shall, as from the commencement of this Law, dump any refuse of any kind on any street, drain, highway, or public place within the State.

  1. Offences and penalty

(1)     Any person who dumps refuse on any street, drain, highway or public place in the State other than at properly designated points, shall for the purpose of this Law be guilty of an offence and liable on conviction—

(a)     in the case of a first offender, to a fine of ₦500.00;

(b)     in the case of a second offender, to a fine of ₦1,000.00;

(c)     in the case of a third offender, or subsequent offender, to a fine of ₦5,000.00 or three months imprisonment or both. Where the refuse is thrown from a moving vehicle, the driver of the vehicle at the time or the owner of the vehicle or both such driver and owner shall be liable. Where to the knowledge of an adult, refuse is dumped by a child who is in the company of an adult, the adult shall be liable to pay a prescribed fine. Where the refuse is dumped by a child unaccompanied by an adult, the parents or whoever serves as guardian of such child shall be liable to pay the prescribed fine.

  1. Mode of payment of fine

All payments of fines made shall be receipted for with approved Treasury Receipts.

  1. Power to arrest

(1)     Arrest of offenders under this Law shall be affected by any member of the Nigeria Police Force or enforcement Officers designated for the purpose.

(2)     Upon arrest, offenders may be detained at the police station and shall be arraigned before a magistrate’s court within 24 hours of such detention.

  1. Enforcement of Law

The Relevant Enforcement Authority, shall be responsible for the enforcement of this Law within the respective Local Government Areas of the State.

  1. Jurisdiction

All offences created under this Law shall be heard and disposed of by the Magistrate’s Court within the Magisterial District where the offence is committed.

  1. Interpretation

In this Law—

“child” means any young person under the age of 13 years;

“dump” means to unload refuse in unauthorised places;

“public place” means any place not designated as a refuse dump;

“refuse” means and includes all forms of litter, rubbish, and waste;

“relevant enforcement authority” includes Sanitation Agencies, Urban and Rural Development Agencies;

“State” means Cross River State of Nigeria.

  1. Short title

The Law is cited as the Indiscriminate Dumping of Refuse (Prohibition) Law.

CHAPTER I3

INDISCRIMINATE DUMPING OF REFUSE (PROHIBITION) LAW

SUBSIDIARY LEGISLATION

No Subsidiary Legislation

 

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