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NATIONAL SPACE RESEARCH AND DEVELOPMENT AGENCY ACT, 2010
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EXPLANATORY MEMORANDUM
This Act establishes the National Space Research and Development Agency for, among other things, to encourage capacity building in space science technology development and management, develop satellite technology for various applications and enhance the development and entrenchment of research.
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ARRANGEMENT OF SECTIONS
PART 1- ESTABLISHMENT OF THE NATIONAL SPACE RESEARCH AND DEVELOPMENT AGENCY.
PART 11- FUNCTIONS OF THE AGENCY AND POWERS OF THE COUNCIL.
P ART III – STRUCTURE OF THE AGENCY, ETC.
PART IV – STAFF OF THE AGENCY.
PART V – FINANCIAL PROVISIONS.
PART VI – MISCELLANEOUS.
Schedule
NATIONAL SPACE RESEARCH AND DEVELOPMENT AGENCY ACT, 2010
An Act to establish the National Space Research and Development Agency; and for related matters.
ENACTED by the National Assembly of the Federal Republic of Nigeria-
PART I – ESTABLISHMENT OF THE NATIONAL SPACE RESEARCH AND DEVELOPMENT AGENCY.
Establishment of the National Space Research and Development Agency.
(2) The Agency –
(a) shall be a body corporate with perpetual succession and a common seal; and
(b) may sue or be sued in its corporate name.
Establishment and composition of the Council of the Agency.
(2) The Council shall consist of-
(a) the President of the Federal Republic of Nigeria as Chairman;
(b) the Vice-President as Vice-Chairman;
(c) the Minister of Science and Technology;
(d) the Minister of Defence;
(e) the Minister of Interior;
(f) the Chairman of National Planning Commission;
(g) the Minister of Information and Communication;
(h) the Minister of Education;
(i) the Attorney-General of the Federation and Minister of Justice;
(j) the Director-General of the Agency;
(k) 3 distinguished scientists, 2 of whom must have relevant knowledge and experience in space science and technology drawn from the National Academy of Science and Council of Registered Engineers.
(3) The supplementary provisions set out in the Schedule to this Act shall have effect with respect to the proceedings of the Council and other matters contained therein.
Tenure of office.
Cessation of membership.
(a) resigns his appointment by notice under his hand addressed to the President;
(b) becomes of unsound mind;
(c) is convicted of a felony or any other offence involving dishonesty or corruption;
(d) becomes bankrupt or makes a compromise with his creditors; or
(e) becomes incapable of carrying out the functions of his office either arising from an infirmity of mind or body.
(2) A member may, at any time be removed from office by the President –
(a) for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misbehaviour; or
(b) if he is satisfied that it is not in the interest of the Agency or of the public for the member to continue in office.
Remuneration of non ex-officio members of the Council.
PART 11- FUNCTIONS OF THE AGENCY AND POWERS OF THE COUNCIL.
Functions of the Agency.
(a) encourage capability building in space science technology development and management, thereby strengthening human resources development required for the implementation of the national space programmes;
(b) develop satellite technology for various applications and operationalize indigenous space systems for providing space services and shall be the government agency charged with the responsibility for building and launching satellites;
(c) enhance the development and entrenchment of research, development and production tradition in the Agency, so as to achieve a high output and make the desired impact on national economic and social development;
(d) promote the co-ordination of space application programmes, for the purpose of optimizing resources and develop space technologies of direct relevance to national objectives;
(e) develop national strategies for the exploitation of the outer space and make these part of the overall national development strategies, and implement strategies for promoting private sector participation in the space industry;
(f) establish and supervise relevant centres and units for the purpose of executing the national space programme;
(g) establish information network to promote exchange of information in order to facilitate communication and transmission of data concerning the activities of the Agency;
(h) collaborate with international research centres, governmental organisations, universities, industries and national and international space agencies and authorities.
(i) promote active participation of Nigeria in the activities of the United Nations Committee on the Peaceful Uses of Outer Space and other United Nations Specialized Agencies involved in space science and technology applications;
(j) provide support for universities and other academic institutions in the country for research and development projects relevant to the national space progamme;
(k) be the repository of all satellite data over Nigeria’s territory and accordingly, all collaborations and consultation in space data related matters in Nigeria shall be carried out or undertaken by or with the Agency;
(l) review the national policy on space including long range goals and develop a strategy for national space issues; and
(m) undertake such other activities as are necessary or expedient for the carrying out of the functions of the Agency and promotion of space science and technology in Nigeria.
Powers of the Council.
(a) approve the opening of ordinary and domiciliary accounts for the Agency in recognized banking institutions in Nigeria, subject at any time, to the prevailing Government regulation;
(b) grant approval for the Agency to enter into research and production partnerships with any company, Non-Governmental Organisation, firm or individual;
(c) appoint technical consultants to advise it from time to time as the need and situation may arise; and
(d) do such other things as are necessary for the successful performance of the function of the Agency.
PART III – STRUCTURE OF THE AGENCY, ETC.
Headquarters, offices and departments of the Agency.
(2) There shall be at the headquarters the following offices and Departments –
(a) office of the Director-General and Chief Executive;
(b) Department of Engineering and Space Systems;
(c) Department of Administration and Finance;
(d) Department of Strategic Space Applications;
(e) Department of International Cooperation;
(f) Department of Policy, Planning and Research;
(g) Department of Mission Planning and Satellite Data Management; and
(h) Department of Procurement.
(3) The Agency shall have the power to establish other departments and divisions as the need arises.
(4) Each Department shall be headed by a Director and each Division shall be headed by a Deputy Director.
(5) The Units shall be headed by officers not bellow the rank of an Assistant Director.
Licensing of activities.
(2) No licence shall be granted unless the Council is satisfied that the activities authorized by the licence-
(a) will not jeopardize public health, the safety of persons or property;
(b) shall be consistent with the international obligations of the Federal Republic of Nigeria ; and
(c) shall not impair the national security of the Federal Republic of Nigeria.
(3) A licence shall describe the activities authorized by it and shall be granted for such period and subject to such conditions as the Council may deems fit.
(4) A licence may, in particular, contain conditions-
(a) permitting inspection and testing of the licensee’s facilities and equipment by the Council;
(b) requiring the licensee to provide the Council as soon as possible with information as to-
(i) the space object,
(ii) the date and territory or location of launch, and
(iii) the basic orbital parameters, including modal period, inclination, apogee and Perigee and such other information as the Council may require concerning the nature, conduct, location and result of the licensee’s activities;
(c) permitting the Council to inspect and take copies of documents relating to the information required to be given to it;
(d) requiring the licensee to obtain advance approval from the Council for any intended deviation from the orbital parameters, and to inform the council immediately of any unintended deviation;
(e) requiring the licensee to conduct operations in such a way as to-
(i) prevent the contamination of outer space or cause adverse changes in the environment of the earth,
(ii) avoid interference with the activities of others involved in the peaceful exploration and use of outer space,
(iii) avoid breach of any international obligations of the Federal Republic of Nigeria, and
(iv) preserve the national security of the Federal Republic of Nigeria;
(f) requiring the licensee to insure himself against liability incurred in respect of damage or loss suffered by third parties in the Federal Republic of Nigeria Of elsewhere as a result of the activities authorized by the licence;
(g) governing the disposal of the payload in outer space on the termination of operations under the licence and requiring the licensee to inform the Council as soon as practicable of its final disposal; and
(h) providing for the termination of the licence on a specified time and event.
Maintenance of register of space objects.
(2) There shall be entered in the register particulars of such space objects as the Agency considers appropriate to comply with the international obligations of the Federal Republic of Nigeria.
(3) Any person may inspect a copy of the register on payment of such fees as the Agency may prescribe.
Development Centres of the Agency.
(a) National Centre for Remote Sensing, Jos;
(b) Centre for Space Science and Technology Education, Ile Ife;
(c) Centre for Satellite Technology Development, Abuja;
(d) Centre for Space Transportation and Propulsion, Epe;
(e) Centre for Geodesy and Geodynamics, Toro; and
(j) Centre for Basic Space Science and Astronomy, Nsukka.
(2) The National Centre for Remote Sensing, Jos, Plateau State shall –
(a) be responsible for harmonizing research and development in space science and technology, application for sustainable socio-economic development of Nigeria;
(b) go into satellite data acquisition, archiving and distribution; and
(c) develop application solutions and establish a multi-source satellite receiving station.
(3) The Centre for Space Science and Technology Education, Ile-Ife, Osun State shall –
(a) develop curriculum, skills and knowledge of university educators, research scientists and other professionals in the application of remote sensing; and
(b) train professionals and personnel in the application or remote sensing, meteorology, communications and geographical information systems for sustainable development of Nigeria.
(4) The Centre for Satellite Technology Development, Abuja shall develop trained engineers and scientists in the rudiments or satellite technology building, launching, telemetry, tracking and control of all kinds of satellite through earth observation, communications, meteorology and scientific research.
(5) The Centre for Space Transportation and Propulsion, Epe, Lagos State shall ensure and sustain rapid advances in the propulsion systems science ami technology and rocketry.
(6) The Centre for Geodesy and Geodynamics, Toro, Bauchi State shall-
(a) facilitate and sustain the growth in capacity for geodesy surveying and mapping;
(b) monitor crustal detonation and subsidence, due to excessive oil and gas exploitation, global mean sea level rise and other related seismic and geodynamic phenomena;
(e) implement international agreements with regard to-
(i) Satellite Laser Ranging (SLR),
(ii) very Long Baseline Interferometry (VLB), and
(iii) Co-operative International Geo-Physical Survey Network.
(7) The Centre for Basic Space Science and Astronomy, Nsukka, Enugu State shall-
(a) provide sound education, research and knowledge in-
(i) basic space science,
(ii) astronomy and astrophysics,
(iii) solar territorial physics,
(iv) cosmology and origin of life,
(v) ionosphere physics,
(vi) rocketry and balloons,
(vii) geomagnetism; and
(b) design and fabricate appropriate systems, instrumentations telescopes and other observatory equipment.
(8) The Centers shall carry other activities that are necessary for the successful implementation of their mandates.
(9) Each Centre of the Agency shall have-
(a) Administration and Finance; and
(b) Technical Divisions, which shall not be more than 4 and if more divisions are to be established, it shall be with the approval of the Councilor the Minister.
(10) The Agency may, with the approval of the Council, establish other centres which shall be located in such places in Nigeria as may be selected by the Agency.
PART IV – STAFF OF THE AGENCY.
Secretary to the Council.
(2) The Secretary of the Council shall carry out such functions and duties as the Council may assign including functions specified in subsection 3(a) – (d) of this section.
(3) The Secretary of the Council shall, in addition to such other functions and duties as the council may assign to him-
(a) prepare the minutes of meetings of the Council and its Committees;
(b) keep and secure the records of the Council;
(e) issue notices of meetings of the Council and other correspondences as may be directed by the Minister; and
(d) ensure proper dissemination of the decisions of the Council to the appropriate persons, institutions or authorities.
Appointment of principal officers of the Agency.
Appointment and functions of the Director -General.
(2) The Director-General shall be a person with a minimum of 15 years demonstrable research experience in science and technology and knowledgeable in space science.
(3) The Director-General shall –
(a) be the Chief Executive of the Agency;
(b) implement the policy and programmes of the Agency;
(c) carry out the day-to-day administration of the Agency;
(d) co-ordinate the activities of the Centers;
(e) supervise the activities of the Directors in the Agency; and
(f) report to the Council through the Minister of Science and Technology.
(4) The Director-General shall hold office for a term of 5 years in the first instance and may be eligible for another term of 5 years and no more.
Appointment of Directors and other members of staff of the Agency.
(a) Finance and Administration as Director; and
(b) Technical Departments and Centers as Directors.
(2) The Minister shall, on the recommendation of the Director-General, appoint for the Agency other staff as he may consider necessary for the performance of the functions set out in this Act.
Appointment of Director for Finance and Administration.
(2) The Director of Finance and Administration shall-
(a) be the head of the Finance and Administration Department of the Agency;
(b) prepare draft expenditure estimates and development plan of his Department; and
(e) perform such other functions as may be determined by the Director-General or the Council.
Directors in the Technical Departments,
(2) A Director in a Technical Department shall be a professional with adequate practical experience in the subject area which he is in charge of.
(3) A director of a Technical Department shall-
(a) be the head of the professional department of the Agency which he co-ordinates;
(b) supervise work of the technical officers and Assistant Directors in his Department;
(c) Supervise the work of the Research Scientists and Assistant Research Fellows in the Department;
(d) prepare draft expenditure estimates and development plans of his Department; and
(e) perform such other functions as may be determined by the Director-General or the Council.
Appointment of Director of a Centre.
(2) The Director of a center shall be a professional with a minimum of 12 years practical experience in the activity area of the Center which he is in charge.
(3) the Director shall coordinate the activities of the centre and has the same responsibility as a Director of a Technical Department in the Agency.
Remuneration of employees of the Agency.
Staff regulation.
(a) the remuneration of members of staff or the Agency; and
(b) appointment, promotion, fringe benefits and productivity incentive of members of staff or the Agency.
Removal and discipline of staff.
(2) Any other senior member of staff of the Agency may be removed from office by the Minister on the recommendation of the Director-General after due process has been followed.
(3) The removal from office of a junior staff shall be by the Director-General on the recommendation of the Director of Finance and Administration after due process has been followed.
Pensions.
PART V – FINANCIAL PROVISIONS.
Fund of the Agency.
(2) There shall be paid and credited to the Fund–
(a) allocations from the Federal Government budget;
(b) foreign aid and assistance from bilateral and multilateral agencies;
(c) fees charged for services rendered by the Agency; and
(d) all sums accruing to the Agency by way of gifts, endowments, bequest or other voluntary contributions by persons and organizations.
Expenditure of the Agency.
(a) the cost of establishing and maintaining the Headquarters of the Agency;
(b) pay the emoluments and entitlements of the Director-General and non ex-officio members of the Council and the committees of the Agency;
(c) pay the personnel, overhead allowances, benefits and other administrative costs of the Agency;
(d) the cost of establishing and operating centres and units;
(e) other research, development and production activities necessary for the achievement of the objectives of the Agency;
(f) the training of members of staff of the Agency and provision of scholarships and awards for specialized training of personnel;
(g) publicise and promote research and development results for adoption by industrial establishments;
(h) support the National Council for Science and Technology and the Annual Science and Technology Week Celebration;
(i) support scientific bodies whose activities are related to the functions of the Agency; and
(j) undertake any other activity in connection with all or any of the functions of the Agency.
Exemption from payment of income tax.
Investment of income.
Submission of programme, income and expenditure estimates to the Council.
Audit and accounts.
Annual report.
(2) The Agency shall, not later than 30lh September in each year, submit to the Council the annual report of each of its centers for the preceding year.
PART VI – MISCELLANEOUS.
Power to purchase, build or lease property.
(a) purchase or take on lease any interest in land, building or property; and
(b) build, equip and maintain offices and premises.
Power to sell or lease out property.
Power to borrow.
Power to accept gift.
Commencement of suit or action and service of notice.
(a) cause of action;
(b) particulars of the claim;
(c) name and place of abode of the intending plaintiff; and
(d) relief which he claims.
(2) The notice referred to in subsection (1) of this section and any summons, notice or other documents required Of authorized to be served upon the Agency under this Act or any other enactment or law, may be served by-
(a) delivering the same to the Director-General;
(b) sending it by registered post to the registered address of the Agency.
(3) In any action or suit against the Agency, no execution or process in the nature thereof shall be issued against the Agency, but if the judgment of the court be awarded against the Agency, it shall be paid from the general reserve of the Agency.
Power to make regulations.
Interpretation.
“Agency” means the National Space Research and Development Agency established under section I(I) of this Act;
“Center” means Development Centers of the Agency established under section II of this Act;
“Chairman” means the Chairman of the Council of the Agency appointed under section 2(2)(a) of this Act;
“Council” means the National Space Councilor the Agency established by section 2 of this Act;
“Fund” means the Fund of the Agency established under seclion23(1) of this Act;
“Member” means a member of the Council and includes the Chairman;
“Minister” means the Minister responsible for science and technology;
“Principal officer” means the Director-General and any of the Directors appointed under this Act;
“Public Service” has the meaning assigned to it in the Constitution of the Federal Republic of Nigeria;
“Secretary” means the Secretary of the Council appointed under section 12(1) of this Act; and
“Technical officer” includes scientists, engineers and lawyers working in the Agency.
Citation.
SCHEDULE
Section 2(3)
SUPPLEMENTARY PROVISIONS RELATING TO HIE COUNCIL, ETC.
Proceedings of the Council
(a) holding of its meeting and those of its committees;
(b) notice to be given;
(c) proceedings of the council;
(d) keeping of minutes of such proceedings; and
(e) custody and production for inspection of such minutes.
Committees
Miscellaneous
(a) any vacancy in the membership of the Councilor of any committee;
(b) reason that a person not entitled to do so took part in the proceedings; or
(e) any defect in the appointment ofa member.
(a) disclose his interest to the Councilor committee, as the case may be; and
(b) not vote on any question relating to the contract or arrangement.