ENVIRONMENTAL MANAGEMENT AND PROTECTION LAW OF LAGOS STATE

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LIST OF LAWS OF LAGOS, [ALPHABETICAL]  
A- C G – K M – I R – T
D – F L – L P – P U – Z

LAGOS STATE ENVIRONMENTAL MANAGEMENT AND PROTECTION LAW 2017

EXPLANATORY MEMORANDUM

A Law to consolidate all Laws relating to the environment for the management, protection and sustainable development of the environment in Lagos State and for connected purposes

ARRANGEMENT OF SECTIONS

1.       Interpretation.

2.       The Ministry of the Environment

3.       Objectives of the Law.

4.       Supervisory Role of the Ministry over Authorities,

5.       Powers of the Ministry.

6.       Establishment of Public Utilities Monitoring and Assurance Unit

7.       Functions of the Public Utilities Monitoring  And Assurance Unit.

8.       Staff of the Unit.

PART II LAGOS STATE ENVIRONMENTAL TRUST FUND

9.       Interpretation.

10.     Establishment of Lagos State Environmental Trust Fund.

11.     Objectives of the Trust Fund.

12.          Establishment of the Lagos State Environmental Trust Fund Board of Trustees.

13.          Appointment of the Members of the Board.

14.          Composition of the Board

15.          Tenure of Office

16.          Remuneration and Allowances.

17.          Cessation of Office of Members.

18.          Functions of the Board.

19.          Filling of Vacancy.

20.          Meetings of the Board.

21.          Quorum.

22.          Voting.

23.          Power to Co-opt.

24.          Disclosure of Interest.

25.          Committees of the Board.

26.          Seal of the Trust Fund.

27.          Sources of the Fund.

28.          Allocation of the Funds.

29.          Executive Secretary of the Trust Fund.

30.          Responsibilities of the Executive Secretary.

31.          Other Staff of the Trust Fund.

32.          Accounts of the Fund.

33.          Annual Accounts and Audit Report.

34.          Annual Report.

35.          Power to Borrow and Invest.

36..         Exemption of the Fund from Tax

37.          Restriction on execution.

38.     Representation of the Fund.

39.     Offences and Penalties.

40.     Power to make Regulations.

PART III LAGOS WASTE MANAGEMENT AUTHORITY

41.     Interpretation.

42.     Establishment of the Lagos Waste Management Authority.

43.          Establishment of the Lagos Waste Governing Board.

44.          Appointment and Composition of Members of the Board

45.          Tenure of office of Members.

46.          Cessation of Office.

47.          Remuneration and Allowances.

48.          Powers of the Board.

49.          Meetings of the Board

50.          Voting.

51.          Validity of Proceedings.

52.          Quorum.

53.          Disclosure of Interests.

54.          Power to Co-opt.

55.          Common Seal.

56.          Functions of the Authority

57.          [Powers to perform function]

58.          Appointment of the General Manager.

59.          Secretary of the Authority.

60.          Pensions.

61.          Fees and Charges

62.          Public Utilities Levy.

63.          No Waste Collection without Licence.

64.          Concession Licence.

65.          Application for Concession

66.     Grant of Concession

67.     Renewal of Concession.

68.     Transfer of Concession.

69.     Compliance with Public Private Partnership Law.

70.     Grant of Licence.

71.     Renewal of Licence.

72.     Suspension /Revocation of Licence.

73.     Transfer of Licence.

74.     Duty to Provide Information

75.     Notice to Produce Licence.

76.     Power to Enter.

77.     Private Waste Collector.

78.     Commercial and Industrial

79.     Domestic or Bulky

80.     Healthcare, Industrial and Biomedical Solid Waste.

81.     Prohibition of Unauthorised or Harmful Disposal or Treatment of Waste

82.     Disposal of Healthcare, Individual and Biomedical Waste.

83.     Receptacles for Waste.

84.     Prohibition of Obnoxious,

85.     Prohibition of Certain Waste Disposal Practices.

86.     Deposition of Waste.

87.     Waste Disposal Vehicle

88.    

89.     Power on Recycling Waste.

90.    Sanitary Landfills

91.     Special or Hazardous Waste.

92.     Duty to Keep Land and Highways Clear of Litter

93.     Power of the Commissioner.

94.     Summary Proceedings by Persons Aggrieved.

95.     Summary Proceedings by the Authority.

96.     Street Litter Control Notices.

97.     Obstruction of Duly Authorised Person.

98.     Street Litter.

99.     Procedure in Respect of Suits against the Authority.

100.   Financial Provision.

101.   Annual Account.

102.   Accounts and Audit.

103.   General Reserves.

104.   Power to Borrow.

105.   Quarterly Report.

106.   Annual Report.

107.   Power to make Regulations.

108.   Vesting of Assets.

109.   Offences and Penalties.

ENVIRONMENTAL MANAGEMENT AND PROTECTION LAW OF LAGOS STATE, 2017

COMMENCEMENT  [ ]

The Lagos State House of Assembly enacts as follows:

PART I ADMINISTRATION OF ENVIRONMENTAL MATTERS IN LAGOS STATE

Interpretation.

1.       In this Part unless the context otherwise requires-

“Commissioner” means the Commissioner for the Environment or the member of the State Executive Council for the time being charged with the responsibility for the management of the environment in the State;

“Governor” means Governor of Lagos State of Nigeria;

“Ministry” means Ministry of   the Environment; and

“State” means Lagos State of Nigeria.

The Ministry of the Environment

2.       The Ministry of the Environment (referred to in this Law as “The Ministry”) shall be responsible for the overall management of the environment and environmental related matters in the State.

Objectives of the Law.

3.       The objectives of this Law are to provide-

(1)     a clean, safe and healthy environment for all residents in the State; and

(2)     to enable citizens access the various public amenities or segments of the environment for recreational, educational, health, cultural and economic purposes.

Supervisory Role of the Ministry over Authorities

4. (1) The Ministry shall supervise all the Agencies, Authorities, Boards, Departments, Offices and Units established under this Boards and Agencies. Law for effective and efficient administration of the environment and in furtherance of its ministerial responsibilities.

(2)     The Agencies, Authorities, Boards, Departments, Offices and Units under the Ministry shall include but not limited to the following-

(a)     Lagos Waste Management Authority (LAWMA);

(b)     Lagos State Environmental Protection Agency (LASEPA);

(c)     Lagos Water Corporation (LWC);

(d)     Lagos State Water Regulatory Commission (LSWRC);

(e)     Lagos State Wastewater Management Office (LSWMO);

(f)      Lagos State Signage and Advertisement Agency (LASAA);

(g)     Lagos State Parks and Gardens Agency (LASPARK);

(h)     Office of Drainage Services;

(i)      Lagos State Environmental Sanitation Enforcement Agency (LSESEA);

(j)      Environmental Trust Fund;

(k)     Public Utilities Monitoring and Assurance Unit (PUMAU); and

(l)      Any other Agency, Board, Department, Office or Unit as may be established under the provisions of this Law.

Powers of the Ministry.

5.       The Ministry shall-

(a)     be responsible for the initiation, formulation and implementation of policies and coordination of environmental programmes in the State;

(b)     supervise Agencies and Authorities enumerated in this Law;

(c)     collaborate, consult and cooperate to the maximum extent practicable with any Federal Agency, other States and Local Governments, statutory bodies and research agencies on matters and facilities relating to environmental protection;

(d)     promote cooperation in environmental sciences and technologies with appropriate Federal Agencies, relevant State Ministries and agencies in other countries and International Bodies connected with the protection of the environment;

(e)     promote sustainable conservation and ecological  policy for the State including but not limited to  promotion of aesthetics, biodiversity, parks and gardens, landscaping and forest conservation;

(f)      provide technical assistance to other institutions and individuals on all environmental matters;

(g)     integrate sustainable development principles in the  policies of the State and advise the State on appropriate location for citing environmental  projects/programmes across the State;

(h)     offer advice to the State Government on projects/  programmes with socio-economic and environ-mental impact as it may consider necessary or as may be referred to it;

(i)      be responsible for formulation of policies, standards and regulations of environmental matters in the State;

(j)      formulate guidelines for discussions, fostering inter-ministerial and inter-agency discussions on environmental matters in the State;

(k)     adopt measures towards having a healthy and  business friendly environment in the State

(l)      consider all matters referred to it by the State Executive Council, the general public, individual, association and groups;

(m)    execute other environmental programmes as may  be assigned to it by the Governor;

(n)     liaise with the Agencies of other tiers of Governments and donor agencies in the implementation of its environmental policies;

(o)     ensure the integration of public awareness and  participation mechanisms in its decision making processes on environmental matters;

(p)     promote investment in waste management and development of waste management infrastructure; and

(q)     collate and process data on waste generation and management as well as provide analysis on impact of waste and waste management on the environment.

Establishment of Public Utilities Monitoring and Assurance Unit

6.       There is established the Public Utilities Monitoring and Assurance Unit  ( referred to in this Law as “PUMAU” ) under the Ministry of the Environment.

Functions of the Public Utilities Monitoring  And Assurance Unit.

7.       The PUMAU shall:

(a)     coordinate the modalities of billing, revenue assurance, and enforcement of levies;

(b)     take charge of the generations and issuance of bills to domestic waste generators;

(c)     consistently monitor and evaluate the billing  processes in order to promote accountability and transparency;

(d)     ensure that the methods of billing and collection of levies by the Trust Fund are in line with international best practices; and

(e)     provide support and training to personnel including  private operators in the billing and collection of levies.

Staff of the Unit.

8.       The PUMAU shall be made up of such staff as may be required for smooth performance of its function under the provisions of this Law

PART II LAGOS STATE ENVIRONMENTAL TRUST FUND

Interpretation.

9.       In this Part unless the context otherwise requires-

“Board” means the Board of Trustees established under this Part;

“Commissioner” means the Commissioner for the Environment or the member of the State Executive Council for the time being charged with the responsibility for the management of the environment in the State;

“Fund” means the Lagos State Environmental Trust Fund established under this Part;

“Governor” means the Governor of Lagos State of  Nigeria;

“House of Assembly” means the Lagos State House of Assembly;

“Household waste generators” means private residence owners and occupiers serviced by the concessionaire;

“Independent Trustees” means any fund manager licensed  by the Central Bank of Nigeria to operate as Public Trusteeship Company;

“Local Government Area” includes Local Council Development Areas;

“Ministry” means the Ministry of the Environment; and

“State” means Lagos State of Nigeria.

Establishment of Lagos State Environmental Trust Fund.

10. (1) There is established a Fund to be known as the Lagos State Environmental Trust Fund (referred to in this Law as the  “Fund”)

(2)     The Fund shall-

(a)     be a body corporate with perpetual succession and a common seal;

(b)     have power to sue and be sued in its corporate name; and

(c)     be capable of acquiring, holding, purchasing and disposing of properties moveable or immoveable for the purpose of discharging its functions under this Law.

Objectives of the Trust Fund.

11.     The objectives of the Fund are to-

(1)     assist the Ministry in providing Funds for the optimum performance of all the functions of the Agencies, Authorities and Departments under the supervision of the Ministry.

(2)     raise money through private and public donations for the development of the environment in the State; and

(3)     be the depository of all monies accruing to the Fund.

Establishment of the Lagos State Environmental Trust Fund Board of Trustees.

12.     There is established a Board of Trustees for the Fund to be known as the Lagos State Environmental Board of Trustees Trust Fund (referred to in this Part as the “The Board).

Appointment of the Members of the Board.

13.     All members of the Board shall be appointed by the Governor subject to the confirmation of the House of Assembly.

Composition of the Board

14. (1)        The Board shall consist of-

(a)     a Chairman who shall be a person of proven integrity, who has achieved distinction in the private or public sector;

(b)     a member from any institution concerned with training and research in environmental management;

(c)     a member from a Non-Governmental Organisation concerned with Environmental Management;

(d)     one (1) person with relevant qualification and experience appointed from each of the three (3) Senatorial Districts of the State;

(e)     the Commissioner for the Environment or his representative not below grade level 15;

(f)      the Commissioner for Finance or his representative not below grade level 15;

(g)     the Commissioner for Justice or his representative not below grade level 15;

(h)     the General Manager or the Accounting Officer of the Agencies, Boards or Authorities under the supervision of the Ministry;

(i)      a representative of all Local Government Areas’  Chairmen, to be appointed amongst themselves;

(j)      the Executive Secretary of the Board; and (k) representatives of the appointed Independent Trustees (Fund Managers).

(2)     There shall be at least three (3) women on the Board.

Tenure of Office

15.     All members of the Board except the Executive Secretary shall-

(1)     serve on part time basis; and

(2)     hold office for a term of four (4) years in the first instance and may be eligible for re-appointment for a further term of four (4) years only.

Remuneration and Allowances.

16.     The Chairman and members of the Board excluding the ex-officio Members shall be paid such remuneration and allowances as the Governor may approve.

Cessation of Office of Members.

17. (1)        A member of the Board shall cease to hold office if the member-

(a)     resigns by giving one (1) month notice in writing to the Governor;

(b)     is unfit or unable to discharge the functions of the office either by reason of infirmity or mental incapacity;

(c)     has been convicted by a Court of Law for offences involving dishonesty;

(d)     is an undischarged bankrupt or is in obvious financial distress; or (e) is guilty of gross misconduct in relation to the duties of the office.

(2)     Notwithstanding the provisions of subsection (1) of this Section, the Governor may remove any member of the Board if satisfied that it is in the public interest to do so.

Functions of the Board.

18. (1)        The functions of the Board shall include-

(a)     the management of the Trust Fund;

(b)     appointment of Independent Trustees or Fund Manager on the recommendation of the Commissioner;

(c)     rendering of advice to the Governor for the disbursement of the Trust Fund in accordance with the objectives of this Law;

(d)     devising ways and means of generating money through contributions, grants and donations for the Trust Fund as it may deem fit in accordance with the  provisions of this Law;

(e)     promoting the development and improvement of the State’s environmental performance and sustain-ability;

(f)      creating a system that can attract funds from  persons, organizations and authorities in tackling environmental issues;

(g)     providing assistance for action-oriented projects with tangible and measurable results aimed at  protecting, preserving and enhancing the state’s natural environment

(h)     promoting community based recycling, waste re-use, and waste prevention projects;

(i)      encouraging the provision, maintenance, and improvement of public parks or other public amenities;

(j)      funding the conservation or promotion of biological diversity through the provision, conservation, restoration or enhancement of a natural habitat or the maintenance or recovery of species in their natural habitat;

(k)     promoting the innovative use of amenities to enhance, maintain or introduce real community led social, economic or environmental improvements

(l)      funding and promoting the creation of job opportunities for the youth in waste management and waste recycling business;

(m)    subsidising the waste collection and disposal cost of areas designated as Special Levy Areas under this Law;

(n)     training and re-training of local waste collectors on environmentally sustainable ways of collecting, reusing and recycling waste;

(o)     promoting research into both public and private sectors environmental problems of any kind and in  particular to encourage and support-

(i)      research and development of local solutions to environmental problems;

(ii)     discovery of new methods of operation for industries in the State that are less harmful to the environment;

(iii)    research into general environmental  problems; and (iv) assessment of environmental degradation.

(p)     promoting environmental education and, in  particular, to encourage the development of educational programs in both the public and the  private sectors that will increase public awareness of environmental issues of any kind;

(q)     funding the acquisition of land for national parks and other categories of dedicated and reserved land for the national parks estate;

(r)      funding the declaration of areas for marine parks and for related purposes;

(s)     promoting waste avoidance, resource recovery and waste management (including funding enforcement, regulation and local government programs);

(t)      funding environmental community groups on campaigns relating to waste reduction, management, reuse and recycle; and

(u)     funding the purchase of water entitlements for the  purposes of increasing environmental flows for the State’s rivers and restoring or rehabilitating major wetlands.

Filling of Vacancy.

19.     Where a vacancy occurs in the Board, such vacancy shall be filled within three (3) months, by appointing a new member in the manner provided in this Part.

Meetings of the Board.

20. (1) The Board shall meet once every quarter and extraordinary meetings may be convened in case of exigencies.

(2)     The Chairman shall preside at any meeting of the Board but in the absence of the Chairman, the members present shall appoint one (1) of the members to preside at that meeting.

Quorum.

21.     The quorum of the meeting of the Board shall be nine (9)members, which shall include-

(a)     the Chairman;

(b)     the Commissioner of the Environment or his representative;

(c)     the Commissioner of Finance or his representative;

(d)     a nominee from among the Independent Trustee (Fund Manager) charged with the administration of the fund; and

(e)     the Executive Secretary of the Trust Fund.

Voting.

22. (1) Any issue arising at the meeting of the Board shall be determined by a majority of the votes of the members present and voting.

(2)     The Chairman or the person presiding shall have a deliberative vote and in the event of an equality of votes on any issue, a casting vote.

Power to Co-opt.

23.     The Board may co-opt persons who are not members of the Board to any meeting of the Board or any sub-committees and such person may take part in the deliberation of the Board or any sub- committee but shall not be entitled to vote at the meeting of the Board or any of its sub-committees or count towards quorum.

Disclosure of Interest.

24. (1) A member who is in any way, directly or indirectly interested in a transaction or project of the Board shall disclose the nature of the interest at the meeting of the Board.

(2)     The disclosure by a member of such interest shall be recorded in the minutes of the meeting of the Board and the member shall not take part in any deliberation of the Board with respect to the transaction or project.

Committees of the Board.

25.     The Board may appoint one or more committee(s) or sub-committee(s) to carry out on behalf of the Board, such of its functions as the Board may determine.

Seal of the Trust Fund.

26.     The common seal of the Trust Fund shall be as may be determined by the Board and the affixing of the seal shall be authenticated by the signatures of the Executive Secretary and the Chairman authorised generally or specifically to act for that purpose.

Sources of the Fund.

27.     The sources of money payable into the Fund shall consist of –

(1)     such sums of money as may be appropriated by the House of Assembly;

(2)     such sums of money as may be payable to the Fund  by way of donations, gifts, loans, bequest or grants  by the State or Federal Government, other agencies, individuals, corporate bodies or another government or international organizations

(3)     all other sums of money or properties which may in any manner become payable to or vested in the Fund in respect of any matter incidental to its powers and duties;

(4)     any income generated by any project financed by Fund;

(5)     other sums accruing to the fund from any other source; and

(6)     levies and rates payable by the household waste generators for the refuse collection under the concession agreement.

Allocation of the Funds.

28.     There shall be charged on and paid out of the Fund all such sums of money as may be expended for the-

(1)     management of the environment;

(2)     payment of fees to service providers, concessionaires and contractors under this law;

(3)     operation of landfill sites;

(4)     operation of recycling plants;

(5)     operation of incineration facilities;

(6)     payment of subsidy for waste collection from indigent, low income, under-served areas and areas designated as special levy areas; and

(7)     other administrative expenses of the Fund and fees  payable to the trustees.

Executive Secretary of the Trust Fund.

29. (1) There shall be for the Trust Fund, an Executive Secretary who shall be appointed by the Governor on the recommendation of the Commissioner subject to the confirmation of the House of Assembly.

(2)     The Executive Secretary who is the Chief Executive Officer of the Fund shall –

(1)     possess fifteen (15) years cognate experience;

(2)     have a good degree in any of the following disciplines; Law, Finance, Accounting and Business Administration;

(3)     hold office for a single term of five (5) years; and

(4)     be paid such allowances as may be determined by the Governor.

Responsibilities of the Executive Secretary.

30. The Executive Secretary shall be responsible for-

(1)     general supervision and administration of the Fund subject to the professional advice of the Independent Trustee(Fund Manager);        

(2)     keeping the books and proper records of the  proceedings of the Board;

(3)     accounting for all moneys collected, paid or otherwise expended under this Law;

(4)     the administration of the Secretariat of the Board; and (5) the general direction and control of all other employees of the Fund

Other Staff of the Trust Fund.

31.     The Fund shall have power to request for the transfer or secondment from the State Civil Service such number of staff as may in the opinion of the Board be required to assist in the discharge of its functions under the provisions of this Part.

Accounts of the Fund.

32.     The Fund shall establish and maintain-

(1)     accounts for the management of the Trust Fund with reputable banks and operate in accordance with extant financial regulations of the State; and

(2)     another account from which it shall defray all its expenditures.

Annual Accounts and Audit Report.

33. (1) The Fund shall keep proper accounts of its transactions in such form as the Accountant-General of the State may direct inconformity with standard accounting practice.

(2)     The accounts of the Fund shall be audited annually by an Auditor appointed from a list of approved Auditors provided by the State Auditor-General in accordance with the State Audit Law.

(3)     The Fund shall submit to the Governor through the Commissioner, an estimate of its income and expenditure for the next succeeding year in accordance with budgeting guidelines applicable in the State.

Annual Report.

34.     The Executive Secretary shall prepare and submit to the Governor and the House of Assembly through the Commissioner within six (6) months after the close of each financial year, a report of its activities in the preceding financial year and the report shall include a copy of the audited accounts of the Board and the auditor’s report on the account.

Power to Borrow and Invest.

35.     The Fund may with the approval of the Governor, subject to the ratification of the House of Assembly-

(1)     obtain loans or credit facilities from any institution for the purpose of its f unction, upon such term and conditions relating to repayment of the principal and the payment of interest.

(2)     invest any part of the money available in any account of the fund required for the purpose of the functions of the Fund.

Exemption of the Fund from Tax

36.     The Fund and its properties shall not be liable to tax by any government or authority in the State and contributions to the Fund shall be recognised for tax purposes as expenditure towards the sustenance of the donor’s business.

Restriction on execution.

37.     No execution or attachment of process shall be issued against any property vested in the Fund except with prior knowledge and consent of the Attorney-General of the State

Representation of the Fund.

38.     The Executive Secretary or any member of the Board authorised  by resolution may appear before any court or in any legal  proceedings on behalf of the Fund.

Offences and Penalties.

39. (1) Any person who without lawful authority levies or accepts any contribution from any person, purporting such contributions to be made for the purpose of this Part, commits an offence and is liable on conviction to a fine of Five Hundred Thousand Naira(N500,000.00) or two times the value of contributions received whichever is greater, or to a term of two (2) years imprisonment or  both.

(2)     Where an offence under this Part is committed by a body corporate or firm or other association of individuals-

(a)     every director, manager, secretary or other similar officer of the body corporate;

(b)     every partner or officer of the firm;

(c)     every person concerned in the management of the affairs of the association; or

(d)     every person purporting to act in any such capacity specified under this Section, commits an offence and is liable on conviction in like manner as if he had committed the offence himself.

Power to make Regulations.

40.     The Commissioner may make regulations generally in accordance with the Regulations Approval Law for the purpose of carrying into effect the provisions of this Par

PART III LAGOS WASTE MANAGEMENT AUTHORITY

Interpretation.

41. In this Part unless the context otherwise requires-

‘‘Authority’’ means the Lagos Waste Management Authority established under this Part.

“Controlled solid waste” means household, industrial, construction, commercial or healthcare waste, or waste generated by public institutions, any such hazardous or special waste. Household waste” means waste from–

(a)     domestic property, a building or self-contained part of a building;

(b)     a residential home;

(c)     premises forming part of a University or School or other educational establishment which is not a public institution; and

(d)     a mobile home or caravan.

“Industrial waste” includes waste from any of the following  premises –

(a)     any factory (within the meaning of the Factories Act);

(b)     any premises used for the purposes of public transport services by land, water or air;

(c)     any premises used for the purposes of public  postal or telecommunication services.

“Commercial waste” means waste from premises used wholly or mainly for the purposes of business, sport, recreation, entertainment, or any other commercial activities excluding –

(a)     household waste;

(b)     waste generated by public institutions;

(c)     hazardous waste; and (d) other waste of any description  prescribed by Regulations made by the Commissioner for the Environment for the purposes of this Part.

“Commissioner” means the Commissioner for the Environment or the member of the State Executive Council for the time being charged with the responsibility for the management of the environment in the State;

“Concessionaire” means a duly licenced and approved waste collector who has been granted concession by the Ministry in collaboration with a Local Government Area to charge levies and fees, collect and dispose of waste within the Local Government Area;

“Designated Public Place” means a  public space or a social space that is generally open and accessible to people including streets, roads (including the pavement), public squares, parks and beaches;

‘‘Employees’’ means officers in the Public Service of the State or in the service of Local Government Areas transferred to the Authority;

‘‘Facility’’ means all contiguous land, structure, and other appurtenances which are owned, operated, and licenced as a single entity which may consist of several generating treatment or storage units;

‘‘Health Care Provider’’ means any person who provides medical care or personal services;

“Healthcare Waste” means solid and semi-solid waste from any of the following –

(i)     any premises forming part of a hospital, trado-medical centre, clinic or maternity home; or

(ii)    any premises forming part of a medical laboratory or scientific, medical or health research institution;

(iii)    active pharmaceutical waste from pharmaceutical companies; or

(iv)   nursing home.

“Local Government Area” includes Local Council Development Area;

‘‘Person’’ means any individual, partnership, corporation, association, or public body engaged in the generation, storage, transportation, or treatment of biomedical waste;

“Private Waste Collector” means an individual or corporate body engaged in the business of commercial waste disposal;

“Public Institution” includes schools, government hospitals, courts, residential apartments, offices, business premises, foreign missions and any other place owned and directly controlled by any government.

‘‘Recyclable Materials’’ means materials which are capable of being recycled and which may be segregated from other waste material or collection for recycling, rather than collection for disposal;

‘‘Sealed’’ means free from opening that allows the passage of liquid;

‘‘Sharps’’ means objects capable of puncturing, lacerating,  or otherwise penetrating the skin;

‘‘Sharps Container’’ means a rigid, leak and puncture resistant container, designed primarily for the containment of sharps, clearly labelled with the phrase and international biological hazards symbol;

‘‘State’’ means  the Lagos State of Nigeria;

‘‘Treatment’’ means any process, including steam, chemicals microwaving, shredding, or incineration, hydroclaving which changes the character or composition of biomedical waste to render it non-infectious by disinfection or sterilization.

“Waste” includes –

(i)      any substance which constitutes scrap material or other unwanted surplus substance arising from the application of any process;

(ii)     any substance or article which requires to be disposed of as being broken, worn out, contaminated or otherwise spoiled; or

(iii)    anything which is discarded or treated as waste shall  be presumed to be waste unless the contrary is  proved.

“Waste Disposal Contractor” means a person who in the course of  business, collects, keeps, treats or disposes of waste, being –

(i)      a company or business name formed for all or any of those purposes by persons or a partnership or an individual or companies;

(ii)     a vehicle or any other form of mobile equipment or contraption of whatever form for all or any of those  purposes used for waste collection;

“Company” or “business name” shall have the same  meaning as in the Companies and Allied Matters Act.

Establishment of the Lagos Waste Management Authority.

42. (1) There is established the Lagos Waste Management Authority (referred to in this Law as ‘‘the Authority’’ ).

 (2)    The Authority shall-

(a)     be a body corporate with perpetual succession and a common seal;

(b)     have power to sue and be sued in its corporate name; and

(c)     be capable of purchasing, acquiring, holding and disposing of movable and immovable property for the purpose of carrying out its functions under this Part.

Establishment of the Lagos Waste Governing Board.

43.     There is established for the Authority the Lagos Waste Management Authority Governing Board (referred to in this part as ‘‘the Board”)

Appointment and Composition of Members of the Board

44. (1) The members of the Board shall consist of-

(a)     a Chairman;

(b)     a representative of the Office of the Governor who must be an officer not below Grade Level 15;

(c)     a representative of a community based organisation;

(d)     one (1) Local Government Area Chairman from each of the three (3) senatorial districts in the State;

(e)     a representative of the private sector; (f) the Commissioner for the Environment or his representative not below Grade Level 15;

(g)     the Commissioner for Local Government and Community Affairs or his representative not below Grade Level 15;

(h)     a representative of the health care industry conversant with waste management;

(i)      a representative of the Lagos State University from the Department of Civil Engineering not below Grade Level 15; and (j) the General Manager of the Authority.

(2) (a) The Chairman and members of the Board shall be appointed by the Governor subject to the confirmation of the House of Assembly;

(b)     The Governor shall appoint the Chairman of the Board from amongst the members of the Board and who shall be an expert in any science or public health related profession.

Tenure of office of Members.

45. (1) Members of the Board shall hold office for a term of four  (4) years, and may be re-appointed for a further term of four (4) years only.

(2)     The Local Government Area Chairmen on the Board shall hold Office for the duration of the period of serving as Chairmen.

(3)     All members of the Board except the General Manager shall serve on part-time basis.

Cessation of Office.

46. (1) A member of the Board shall cease to hold office if the member –

(a)     resigns by giving one (1) month notice in writing to the Governor;

(b)     is unfit or unable to discharge the functions of the office either by reason of infirmity or mental incapacity;

(c)     has been convicted by a Court of Law for offences involving dishonesty;

(d)     is an undischarged bankrupt or is in obvious financial distress; or

(e)     is guilty of gross misconduct in relation to the duties of the office

(2)     Notwithstanding the provisions of subsection (1) of this Section, the Governor may remove any member of the Board if satisfied that it is in the public interest to do so.

Remuneration and Allowances.

47.     The remuneration and allowances of members of the Board shall be determined by the Governor.

Powers of the Board.

48. (1) Notwithstanding other provisions of this Part, the powers of the Board shall include –

(a)     preparation of long-term plans in consultation with appropriate government authorities;

(b)     conduct research relating to waste disposal system and cleaning of streets;

(c)     establishment of standards relating to waste collection and waste disposal system, the clearance and maintenance of public drainage facilities;

(d)     the clearance and maintenance of public drainage facilities;

(e)     cleaning of streets within the State in collaboration with appropriate government authorities; and

(f)      conduct of other related or incidental activities.

(2)     The Board may make regulations for the general conduct of the business of the Authority and may-

(a)     establish special and standing committees of the Board;

(b)     establish advisory committees consisting members of the Board and persons other than members; (c) regulate proceedings of such committees; and

 (d)    delegate any of its duties to such committees.

Meetings of the Board

49. (1) The Board shall meet at least once every two (2) months at such place and time as the Chairman may determine.

(2)     A special meeting of the Board may be summoned at the request of the Chairman.

(3)     All meetings of the Board shall be summoned by the Secretary.

(4)     The Chairman shall preside at any meeting of the Board but when absent members of the Board will elect one of the members  present to preside.

(5)     The General Manager and the Secretary of the Authority must be in attendance at all meetings of the Board and take part in its proceedings and the Board may also require any of its officers to attend such meetings and take part in the proceedings. The Secretary and any of the officer of the Authority attending its meeting will not have the right to vote on any matter.

Voting.

50. (1) Every question for decision by the Board at any meeting shall be decided by a majority of the votes of members present and voting

(2)     The Chairman or the member presiding in the Chairman’s absence shall at any meeting have a deliberative vote but in the case of an equality of votes, shall have a second or casting vote.

Validity of Proceedings.

51.     The validity of any proceedings of the Board shall not be affected by any defect in the appointment of a member or by reason that a person who is not entitled to do so took part in the proceedings.

Quorum.

52.     The quorum of the Board for the meeting shall be six (6)members.

Disclosure of Interests.

53.     A member of the Board who is directly or indirectly interested in a transaction or project of the Authority must disclose the nature of the interest at a meeting of the Board, and the disclosure must be recorded in the minutes’ book of the Authority and the member must not take part in any deliberation or decision of the Board with respect to that transaction.

Power to Co-opt.

54. Where the Board desires to obtain the advice of any person on any matter, the Board may co-opt such person(s) to be a member for such meetings as may be required, and any co-opted person(s), will have all the rights and privileges of a member of the Board but will not be entitled to vote on any question or count towards a quorum.

Common Seal.

55. (1) The common seal of the Authority shall be determined by the Board and affixing of the common seal will be authenticated by the signature of the General Manager and the Secretary or some other person(s) authorised by the Board for that purpose.

(2)     A document duly executed under the common seal of the Authority shall be admissible in court and unless the contrary is proved, be deemed to be so executed.

Functions of the Authority

56.(1)The functions of the Authority are to –

(a)     liaise with the Ministry, Local Government Areas and all relevant agencies, boards and authorities to ensure the achievement of the overall objectives of this Part;

(b)     make regulations for the standard of collection and disposal of the controlled waste collected in the State by the Authority, Local Government Areas and waste disposal contractors or by any other  person authorized by it within the State;

(c)     define environmental aspects of the State waste management sector strategy in close collaboration with other key stakeholders;

(d)     collect and dispose of waste from public institutions;

(e)     monitor environmental impact of the waste management system related to air, water, and soil  pollution, and adapting standards and regulations, as well as environment protection strategy and  policies;

(f)      inspect waste management facilities permitted by the Authority after the completion of their construction and on a regular basis while under operation to ensure compliance with relevant environmental laws, regulations, standards and conditions of operation;

(g)     clean streets, roads and designated public places;

(h)     make regulations for the Local Government Areas and waste disposal contractors with respect to standard collection, removal and disposal of domestic, commercial, construction, garden, and solid and semi-solid waste associated with electronic and healthcare waste;

(i)      remove and dispose of animal carcass from public  places ;

(j)      prepare and update the master plans for waste collection and disposal in the cities, towns and villages in the State and control resultant waste system within the State;

(k)     approve and monitor all solid waste disposal systems in the State;

(l)      make provisions for waste management services to State agencies, Local Government Areas, industries,  business entities and private persons within the State by receiving waste at the Authority’s facilities  pursuant to contractual agreement between the Authority and such other party;

(m)    issue, suspend, renew and revoke licenses of private waste collectors, incinerators and waste recycling  plants;

(n)     maintain a central data base information system for collation of data;

(o)     develop guidelines and targets for waste avoidance and volume reduction through source reduction and waste minimisation measures, including composting, re-use, recovery and green charcoal  process;

(p)     regulate proper segregation and containerisation of waste through policy formulation and public awareness;

(q)     preserve proper collection, transportation, treatment and disposal of waste by adopting best environmental practice;

(r)      receive tenders and award outsourced public service to operators of incinerators and waste recycling  plants;

(s)     tracking performance of service providers and managing the contracts of service providers and consultants under this Part;

(t)      provide support services on waste management related inquiries or complaints through a call center. The call center shall be under the supervision of the Authority;

(u)     promote private investment in solid waste management;

(v)     promote research and development programs for improved waste management and resource conservation techniques, effective institutional arrangement for waste reduction, re-use, collection, treatment, separation and recovery;

(w)    remove and dispose of abandoned and scrapped vehicles;

(x)     do all such acts as are necessary or incidental to the  proper discharge of its duties under this Part; and

(y)     prevent, stop or discontinue any activity or omission, which is likely to cause harm or has caused harm to human health or the environment.

(2)     The Authority may in association with any other person or  body lawfully empowered to do so in accordance with the  provisions of this Part or any other Law;

(a)     grant franchise or enter into partnership with the  private sector regarding waste management; or

(b)     perform any of its statutory functions or related functions in accordance with applicable regulations or guidelines;

(3)     Subject to the provisions of any other relevant Law, the Authority may require a waste generator, licensee, service provider or person involved in or associated with the provision of domestic and or commercial waste collection service within a specific area to furnish information to the Authority which may be reasonably required for the information system and this may include-

(a)     significant source of waste generation and the identification of the generators of waste;

(b)     quantities and classes of waste generated;

(c)     management of waste by waste generators;

(d)     waste handling, waste treatment and waste disposal facilities;

(e)     population and development profiles ;

(f)      reports on progress in achieving waste management targets;

(g)     management of radioactive and hazardous waste; and (h) any other information required by legislation, regulations or guidelines.

(4)     The Authority shall have power to:-

(a)     charge commercial levies, which may vary from area to area and make direct charges on users for services rendered where such circumstances may arise; and

(b)     provide other related services for a fee as may be determined. Powers of the Authority

[Powers to perform function]

57. (1) The Authority shall have powers to perform its functions and manage its operations and affairs as specified under the provisions of this Part.

(2)     For the purpose of performing and discharging its functions under this Part, the Authority shall have the power to

(a)     collect and dispose of waste from streets, roads and designated public places in accordance with the  provisions of this Part;

(b)     ensure that waste is collected by the licenced collectors, transported and disposed of in accordance with the provisions of this Part;

(c)     take all practical measures to promote and support the minimization of waste and the recovery of waste, particularly at the point at which it is  produced;

(d)     provide waste and litter receptacles in public places;

(e)     in collaboration with a Local Government , prepare and implement, a long-term plan for the management of waste within its area of jurisdiction that conforms to the requirements of the State Environmental Policy and the requirements of the Authority for each Local Government Area and such plan of management shall be published by the Authority in the Official Gazette;

(f)      issue, renew and revoke licences of private waste collectors, incinerators and waste recycling plants; and

(g)     provide other related services for a fee as may be determined.

(3)     The Authority in conjunction with the Local Government Areas may engage waste disposal contractors to collect and dispose of waste from streets, roads and designated public places within the State.

Appointment of the General Manager.

58. (1) There shall be appointed by the Governor after consultation with the Commissioner, a General Manager who shall  be the Chief Executive Officer of the Authority.

(2)     The General Manager shall be responsible for the execution of the policy of the Authority and the day to day administration of its affairs in accordance with the provisions of this Part.

(3)     The General Manager shall be appointed –

(a)     for a period of four (4) years in the first instance and may be re-appointed for a further term of four (4) years only; and

(b)     on such terms and conditions as may be specified in the letter of appointment.

Secretary of the Authority.

59. (1) There shall be appointed by the Governor, on the recommendation of the Attorney-General a Secretary from the Public Service, who shall be a Legal Practitioner of not less than ten (10) years post-call experience.

(2) The Secretary shall-

(a)     keep the records and conduct the correspondence of the Board;

(b)     make arrangement for the meetings of the Board;

(c)     prepare the agenda and minutes of such meetings; and

(d)     perform such other duties as the General Manager may assign.

Pensions.

60.     The Authority shall-

(a)     maintain a sustainable staff pension scheme in accordance with the State Pension Law;

(b)     grant pensions or retirement benefits to its employees; and

(c)     require its employees to subscribe with any Pension Fund Administrator of their choice.

Fees and Charges

61.     The Authority shall :-

(a)     approve and review, after due consultation with the concessionaires the rate or levy being paid by residential waste generators; provided that the rates and levies shall be subject to the final approval of the Commissioner;

(b)     determine and charge levy payable by public institutions for waste collection services rendered; and

(c)     provide other related services for a fee as may be determined by Regulation.

Public Utilities Levy.

62. (1) Subject to the provisions of this Part, a Public Utilities Levy shall be the payable levy for all Environmental Utilities under this Law-

(a)     the Public Utilities Levy shall be payable by all household/residential, public, commercial and industrial waste generators;

(b)     the Public Utilities Levy shall replace all service fees previously payable by waste generators for waste collection and disposal;

(c)     residential waste generators shall pay their Public Utilities Levy into any of the designated account listed in the Public Utilities Levy Notice;

(d)     the Public Utilities Monitoring and Assurance Unit shall cause to be issued to every residential  premises, a Public Utilities Levy Notice and the Authority shall designate certain low income residential area as special levy area;

(e)     the Public Utilities Levy Notice shall be delivered to the occupier of a residential premises-.

(i)      if there is no occupier or agent available to take delivery, the Public Utilities Levy Notice shall be posted on the property or left at any conspicuous place on the property and such posting shall be deemed sufficient delivery of the notice;

(ii)     the person liable to pay the Public Utilities Levy shall within thirty (30) calendar days after the date of delivery of the Public Utilities Levy Notice pay that amount at one of the designated banks specified in the Demand Notice;

(iii)    where a person who has received a Public Utilities Levy Notice fails to pay the amount within the period specified in the notice, the  bill payable shall be increased by ten percent (10%) of the bill charged.

(2)     The following procedure shall be adopted in fixing and arriving at levy payable under this Part – levy payable by residential waste generators:

(i)      concessionaire waste operators shall come up with an audit of their contract areas;

(ii)     the audit shall be forwarded to the Ministry accompanied with the economic cost of collecting waste in such areas as well as a mark-up on the cost being the return the concessionaire waste operators seeks to make from collecting waste in the area;

(iii)    the levy shall be agreed on at a joint session of the Ministry and the concessionaire after  presentations have been made to the Ministry; and

(iv)    the levy agreed on at a joint session of the Ministry and the concessionaire waste operator shall be subject to the final approval of the Governor.

(3) (a) The Commissioner shall ensure that all collections from the Public Utilities Levy are paid and deposited in designated banks in accordance with this Part.

(b)     At the beginning of each month, the Commissioner shall determine the total amount of Public Utilities Levy payments deposited in the designated banks.

(c)     The Commissioner shall in conjunction with the Public Utilities Monitoring and Assurance Unit pay the service fees of each private operator in accordance with the terms of its contract with the Authority;

Provided that such payments shall be made not later than ten (10) days at the end of each month.

(4)     PUMAU shall have the power to establish levy methodologies that reflects the terms and conditions of the licence issued to the private waste collectors, private operators of landfill sites, incinerators and recycling plant.

(5)     In establishing levy methodologies, PUMAU may differentiate among waste generators on the basis of differences in earnings and, locations within the State (with particular emphasis on indigent and low income areas and such other criteria as may affect the cost of providing service and may allow a lifeline tariff for some waste generators).

(6)     PUMAU shall fix the date on which the levy methodology shall come into operation and it shall cause notice to be given in the official gazette of that date.

(7)     Every licensee shall keep a current copy of the levy Methodology applicable to that licensee and shall make a copy available for inspection on request by any person free of any charge during the licensee’s normal working hours.

(8)    Any fine or penalty levied against a licensee in accordance with this Part or any other Law or regulation shall not be re-levied upon the licensee’s customers.

(9)     Any person or licensee who contravenes or condones the contravention of subsection (11) of this Section shall be liable to a fine of two (2) times the charge to the licensee’s customers or to imprisonment of not more than one (1) year or both.

(10)   Notwithstanding the provisions of any Law, any person who fails or neglects to pay any levy, fees or charges, after adequate notice in writing of the same has been served on that  person shall be deemed to be a debtor and such debt shall be recoverable by a civil action in the appropriate court.

(11)   The owner/occupier of premises shall pay the prescribed levy for the provision of waste collection service as at when due. 

No Waste Collection without Licence.

63. (1) No person shall operate any waste collection, transportation, recycling and disposal business without a licence issued by the Commissioner or the Authority.

(2)     On an application by any person or body corporate the Authority may, subject to the payment of prescribed fees and demonstration of competence in terms of skills and equipment and other requirements, issue a licence as set out in this Part.

(3)     Notwithstanding the provision of subsection (1), no person or operator may collect or transport any form of waste other than that specified in its licence and for the purpose of this Section the category of waste shall include –

(a)     domestic waste;

(b)     commercial (bulk containerised) waste;

(c)     industrial waste;

(d)     special industrial waste;

(e)     hazardous waste;

(f)      recyclable waste;

(g)     healthcare waste; and

(h)     building waste

Concession Licence.

64. (1) The Ministry may, by regulations make provisions as to the conditions, which are, or are not, to be included in a concession agreement, and regulations under this subsection may make different provisions for different circumstances.

(2)     The licences issuable under this Part are:

(a)     Waste Collection/Street Cleaning Licence;

(b)     Transfer Loading Station (TLS) Operation Licence;

(c)     Waste Depot licence;

(d)     Landfill Operation Licence;

(e)     Mechanised Street Sweeping Licence;

(f)      Marine Sanitation Licence;

(g)     Manpower Supply and Training Licence;

(h)     Incineration Licence; and,

(i)      Drainage Management Licence.

Application for Concession

65.     An application for the grant of a concession shall be in writing and addressed to the Ministry in such terms and manners as may  be prescribed.

Grant of Concession

66.(1) The Ministry with the approval of the Commissioner shall grant concessions to holders of approved licences under this Part.

(2)     The Ministry shall upon the payment of a prescribed fee and satisfaction of the prescribed conditions by an applicant, issue a licence to any person who applies under this Part. The Ministry may by regulations prescribe fees and conditions for the issuance and renewal of a concession which may relate –

(a)     to activities which the licence operator or contractor may undertake;

(b)     to the precautions to be taken and works to be carried out in connection with or in consequence of those activities and accordingly requirements may  be imposed in the concession agreement which are to be complied with before the activities which the licence authorises begin or after the activities which the licence authorises have ceased; and

(c)     subject to the provisions of this Part a concession agreement shall be valid for one (1) year.

(3)     For the purpose of this Section, all concessionaires must be holders of a valid license under this Part, and must have satisfied all the conditions stipulated in the requirements for a licensee under this Part and shall provide evidence of at least two (2) cities or municipalities or governments for which the prospective concessionaire has provided solid waste management services for within the last two (2) years whether in Nigeria or in other  jurisdictions, including the name, address, electronic mail and other relevant details of the government agencies that granted the concession or contract.

(4)     Concessions may be granted by the Ministry for disused, dilapidated or abandoned State owned facilities and landfill sites on a Build Operate and Transfer (BOT) basis. Such concession must be in accordance with the provision of Section 17 of the Public Private Partnership Law.

(5)     For the purpose of this Part, a concessionaire must be a holder of any of the following licences:

(a)     Waste Collection/Street Cleaning licence;

(b)     Transfer Loading Station (TLS) operation licence;

(c)     Landfill operation licence;

(d)     Marine Sanitation licence;

(e)     Incineration licence;

(f)      Scrap Metal licence;

(g)     Car Crushing licence; and

(h)     Recycling licence.

Renewal of Concession.

67. (1) Any concession issued in accordance with Section 67 shall  be renewed every twelve (12) calendar months from the date of issuance. A concessionaire wishing to renew shall not later than two (2) weeks before the expiry of the concession, apply for a new licence to take effect from the date the current concession expires and such renewal shall be subject to the same consideration as an application for the grant of a concession.

(2)     Any concession granted prior to the commencement of this  part shall within 60 (sixty) days of the commencement of this law  be submitted to the Ministry for review and brought into compliance with the provisions and requirements under this Part. Provided that any pre-existing concession not submitted for review in accordance with this Section shall be deemed revoked.

(3)     Any concession issued in accordance with the provisions of this Section shall not be assigned without the prior written consent of the Ministry.

Transfer of Concession.

68. (1) A concession licence may be transferred to another person in accordance with the provisions of this Section.

(2)     Where the holder of a concession licence desires that the licence be transferred to another person (“the proposed transferee”) the licence holder and the proposed transferee shall  jointly make an application to the Ministry for the transfer of it.

(3)     An application under subsection (2) above for the transfer of a licence shall be made in such form and shall include such information as the Ministry prescribes by regulations and shall  be accompanied by the prescribed fee payable under the regulation.

(4)     If on such an application, the Ministry is satisfied that the  proposed transferee is a fit and proper person the Authority shall effect a transfer of the licence to the proposed transferee, and shall cause the licence to be endorsed with the name and other  particulars of the proposed transferee as the holder of the licence from such date as may be agreed with the applicants and specified in the endorsement.

(5)     If within the period of ninety (90) days beginning with the date on which the Ministry receives an application for the transfer of a licence, or within such longer period as the Authority and the applicants may at any time agree in writing, the Authority has neither effected a transfer of the licence nor given notice to the applicants that the Ministry has rejected the application, the Ministry shall be deemed to have accepted the application.

Compliance with Public Private Partnership Law.

S.17 Public Private Partnership Law Cap 18, Vol.9 LLS 2015.

69.     All concession agreements and contracts to be entered into under the provisions of this Law shall comply with the provisions of Section 17 of the Public Private Partnership Law.

Grant of Licence.

70. (1) To obtain a licence under this Part, a Private Waste Operator and/or its Technical Partner must-

(a)     have the managerial, technical and financial capability to efficiently perform the activities as required in the licence applied for;

(b)     have a good reputation and proven track record for  performing the activities as required in the licence applied for; and

(c)     agree to abide by the Authority’s rules with respect to abuse or any market power and restriction of competition.

(2)     For the purpose of this Part, a prospective licensee and/or its technical partner shall in addition to other requirements by the Authority –

(a)     submit a full Scoping Study of their plans;

(b)     undertake all risk insurance with respect to the waste disposal vehicles and any other facility used  by the prospective licensee;

(c)     provide an acceptable Health Safety and Environment (HSE) Policy;

(d)     provide its employees with adequate personal  protective equipment;

(e)     prove that the Technical Partner has a beneficial stake in the equity of the Private Operator;

(f)      that there exists a Technical Service Agreement  between the Private Operator and its Technical Partner;

(g)     prove that its vehicles and facilities are in good working condition; and

(h)     show proof of its business offices within its operational area(s)/zone(s).

(3)     Private Operators holding a Waste Collection/Street Cleaning licence shall at all times maintain a personal injury and life assurance cover for its employees engaged in street sweeping, with a reputable insurance company.

Renewal of Licence.

71. (1) Any licence issued in accordance with Section 69 shall be renewed every twenty-four (24) calendar months from the date of issuance. A licensee wishing to renew shall not later than two (2) weeks before the expiry of the licence, apply for a new licence to take effect from the date the current licence expires and such renewal shall be subject to the same consideration as an application for the grant of a licence.

(2)     Any licence issued prior to the commencement of this Law shall within 60 (sixty) days of the commencement of this law be submitted to the Authority for review and brought into compliance with the provisions and requirements under this Part. Provided that any pre-existing licence not submitted for review in accordance with this Section shall be deemed revoked.

(3)     Any licence issued in accordance with the provisions of this Section shall not be assigned without the prior written consent of the Authority; and

Suspension /Revocation of Licence.

72. (1) Where it appears to the Authority that the provisions of this Part –

(a)     are not being carried into effect;

(b)     a condition of the licence has been breached;

(c)     the licensee has ceased to be eligible; or

(d)     it is in the interest of the public to do so, the Authority may-

(i)      suspend the operation of such licensee until the conditions which caused the order of suspension to be issued have been rectified; or

(ii)     revoke the licence.

(2)     In accordance to the provision of this Section, all commercial and industrial entities shall patronise approved private operators for the collection and transportation of their waste to designated disposal sites.

Transfer of Licence.

73. (1) A licence may be transferred to another person in accordance with the provisions of this Section.

(2)     Where the holder of a licence desires that the licence be transferred to another person (“the proposed transferee”)  the licence holder and the proposed transferee shall jointly make an application to the Authority for a transfer of it.

(3)     An application under subsection (2) above for the transfer of a licence shall be made in such form and shall include such information as the Authority prescribes by regulations and shall  be accompanied by the prescribed fee payable under the regulation.

(4)     If, on such an application, the authority is satisfied that the  proposed transferee is a fit and proper person, the authority shall effect a transfer of the licence to the proposed transferee, and shall cause the licence to be endorsed with the name and other  particulars of the proposed transferee as the holder of the licence from such date as may be agreed with the applicants and specified in the endorsement.

(5)     If within the period of ninety (90) days beginning with the date on which the Authority receives an application for the transfer of a licence, or within such longer period as the Authority and the applicants may at any time agree in writing, the Authority has neither effected a transfer of the licence nor given notice to the applicants that the Authority has rejected the application, the Authority shall be deemed to have accepted the application.

Duty to Provide Information

74.     The Authority may, subject to the provision(s) of any other relevant Law require a waste generator, licensee, service provider or person involved in or associated with the provision of domestic or commercial waste collection service within a specific area to furnish information to the Authority which may be reasonably required for the information system and this may include –

(i)      significant sources of waste generation and the identification of the generators of waste;

(ii)     quantities and classes of waste generated;

(iii)    management of waste by waste generators;

(iv)    waste handling, waste treatment and waste disposal facilities;

(v)     population and development profiles;

(vi)    reports on progress in achieving waste management targets;

(vii)   markets for waste by class of waste or category; and

(viii)   any other information required by legislation, regulations or guidelines. 

Notice to Produce Licence.

75.     The Authority may by notice in writing addressed to a private waste collector or waste disposal contractor require the production of the original copy of licence.

Power to Enter.

76.     An officer of the Authority may be authorized to enter the  premises of a private waste collector between the hours of 9am and 5pm for the purpose of inspecting his licence.

Private Waste Collector.

77.     As from the commencement of this Part, Private Waste Collector as licenced under this Part shall be in charge of the collection and disposal of commercial waste in the State in accordance with the provisions of this Part.

Commercial and Industrial

78. (1) Commercial and Industrial waste generators shall deal Waste Operators. directly with approved private waste operators on a contract basis between the parties based on the Authority’s approved levy.

(2)    Commercial waste generators shall engage approved  private waste operators and the fee payable by commercial waste generators shall be agreed on a contract basis between the parties  based on the Authorities methodology.

Domestic or Bulky

79. (1) The occupier of the premises on which domestic or bulky Waste. waste is generated must ensure that such waste is collected and disposed within a reasonable time.

(2)     A licenced operator may collect domestic and or bulky waste, and deposit same at designated recycling facility or any other facility authorised by the Authority.

(3)     The owner or occupier of the premises on which construction waste is generated, must ensure that-

(a)     until disposal, all construction waste, together with any container used for the storage, collection or disposal is kept on such premises;

(b)     the premises on which the construction waste is generated, does not become unsightly or cause a nuisance as a result of accumulated building construction waste;

(c)     any construction waste which is blown off the  premises is promptly retrieved; and

(d)     pursuant to any directive from relevant government agency any structure necessary to contain the construction waste is provided.

(4)     Notwithstanding the provisions of subsection (3) of this Section, the Authority may specify conditions for the storage and removal of building waste on a verge.

(5)     Every receptacle used for the storage and removal of construction waste may be placed on a verge if-

(a)     the name, address and telephone number of the  person in control of that receptacle is clearly written on it;

(b)     it is fitted with reflective materials which must completely outline the front and the back; and

(c)     it is covered at all times other than when actually receiving waste or being emptied of waste so that no displacement of its contents can occur.

(6)     The owner or occupier of premises on which garden,  bulky or construction waste is generated must ensure that same is collected by a licensed operator or any other person so authorised  by the Authority.

(7)     A licenced operator may collect garden, bulky or building waste and shall deposit same at a designated recycling facility or any other facility as may be designated for same.

Healthcare, Industrial and Biomedical Solid Waste.

80. (1) A person may not carry on any activity which will cause the generation of special industrial, hazardous or healthcare waste without notifying the Authority in writing, prior to the commencement of such activity. Provided that if such waste is being generated as a result of activity which commenced prior to the commencement of this Part, the generator must notify the Authority as contemplated in this subsection within thirty (30) days of the commencement of this Law.

(2)     The Authority may require that the notification referred to in subsection (1) must be accompanied by-

(a)     an analysis of the composition of the proposed waste certified by qualified chemist or waste expert; and

(b)     an estimated quantity waste to be generated.

(3)     The person referred to in subsection (1) of this Section, must notify the Authority in writing of any change occurring with respect to the generation, composition and quantity of waste.

(4)     Special industrial, hazardous and healthcare waste must be in an approved receptacle and for such periods as may be  prescribed by the Authority.

(5)     Special industrial, hazardous and healthcare waste shall be collected and disposed of by an approved licenced operator and disposed of in accordance with the provisions of this Part or any regulation or guideline issued by the Authority

(6)     A licensee must dispose of special industrial, hazardous and healthcare waste at a waste treatment and disposal facility designated by the Authority or such other facility as may be so authorised.

(7)     No obnoxious, toxic or poisonous waste shall be deposited in the waste bin not so designated for that purpose. (8) Failure to comply with the provisions of this section shall attract a fine of Two Hundred Thousand Naira (N200,000.00) for individuals and One Million Naira (N1,000,000.00) for corporate  bodies.

Prohibition of Unauthorised or Harmful Disposal or Treatment of Waste

81. (1) A person shall not -,

(a)     collect, transport, sort, recover, treat, dispose of or otherwise manage waste in a manner that results in an adverse effect or creates a significant risk of an adverse effect occurring;

(b)     dump waste of any description at any place other than a waste disposal site designated by the Authority;

(c)     treat, keep or dispose of controlled waste, or knowingly cause or knowingly permit controlled waste to be treated, kept or disposed of –

 (i)     in or on any land, or

(ii)     by means of any mobile vehicle or plant, except under and in accordance with a waste management licence;

(d)     A person shall not treat, keep or dispose of controlled waste in a manner likely to cause  pollution of the environment or harm to human health.

(2)     Any person who contravenes the provisions of subsection (1) above commits an offence and shall on conviction be liable to a fine of Fifty Thousand Naira (N50,000.00) for an individual and Five Hundred Thousand Naira (N500,000.00) for a corporate entity, and on subsequent commission of the same offence shall on conviction be liable to imprisonment for a term not exceeding two (2) years for an individual and in the case of a corporate entity its Directors and Management Staff responsible for the day to day operation of the company for a term not exceeding two (2) years for each of such Director(s) or Management staff of the company, and the company shall be liable to a fine of One Million  Naira (N1,000,000.00).

Disposal of Healthcare, Individual and Biomedical Waste.

82. (1) A person shall not dispose of waste in such a manner that it becomes litter or is likely to become litter.

(2)     A person who contravenes the provisions of subsection (1) commits an offence and shall, on conviction, be liable to a fine not less than Twenty-Five Thousand Naira (N25,000.00).

(3)     Where controlled waste is carried in and deposited from a vehicle, the person who controls or is in a position to control the use of the vehicle shall, for the purposes of subsection (1) of this Section be treated as knowingly causing the waste to be deposited whether or not the person gave any instruction for this to be done.

Receptacles for Waste.

83. (1) Every owner or occupier of a tenement shall provide covered waste receptacles outside the tenements to be used for depositing waste, and the Authority may by notice in writing to such an owner or occupier prescribe the receptacles of a kind and number.

(2)     In making prescriptions under subsection (1) of this Section, the Authority may by notice make provisions with respect to –

(a)     the size, construction and maintenance of the receptacles;

(b)     the placing of the receptacles for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose-

(i)      the substances or articles which may or may not be put into the receptacles or compartments of receptacles of any description and the precautions to be taken where particular substances or articles are  put into them; and

(ii)     the steps to be taken by occupiers or owners of premises to facilitate the collection of waste from receptacles.

(3)     The provisions in subsection (1) of this Section shall be applicable to household waste, industrial waste, commercial waste and clinical waste.

Prohibition of Obnoxious,

84.     An obnoxious, toxic or poisonous waste shall not be deposited in Toxic or Poisonous Waste. the waste receptacles mentioned in Sections 83 of this Part.

Prohibition of Certain Waste Disposal Practices.

85. (1) A person shall not burn or cause to be burnt on any tenement waste of any description. (2) A person shall not deposit or dump or cause to be deposited or dumped into a river, lagoon, stream, lake, pond, sea or any body of water, roadmaps, beautified sites, setbacks or waste of any description.

Deposition of Waste.

86. (1) If any controlled waste is deposited in or on any deposited in Undesignated Place(s). waste land in contravention of the provisions of this Part, the Authority may by notice served on the person, require the occupier or owner of the tenement or property to do either or both of the following  –

(a)     to remove the waste from the land within a specified period not less than a period of seven (7) days beginning from the day of the service of the notice.

(b)     to take within such a period specified steps with a view to eliminating or reducing the consequences of the deposit of the waste.

(2)     Where any person who is served with a notice under subsection (1) of this section fails, refuses or neglects to take any step as is specified in the notice, the Authority may revoke any relevant permit in respect of the affected  premises and either impose sanction on the person or refer the matter to the Environmental Administrative Complaint Panel.

Waste Disposal Vehicle

87.     Any vehicle or contraction used for transporting or conveying to be Covered. waste shall be covered in such a way that the contents do not litter the highway or any road in the State. Waste Recycling Plans. 88. It shall be the duty of the Authority in respect of household, green/garden and commercial waste to  –

(a)     carry out an investigation with a view to deciding what arrangements are appropriate for dealing with the waste by separating, labelling or otherwise  packaging waste for the purpose of recycling it;

(b)     decide what arrangements are needed for that  purpose;

(c)     prepare a statement (“the plan”) for the arrangements made and proposed to be made by the Authority and other persons for dealing with waste; (d) carry out further investigations with a view to deciding what changes in the plan are needed;

(e)     make modification of the plan which it thinks appropriate in consequence of any such further investigation;

(f)      take such steps as in its opinion will give adequate  publicity in each Local Government Area of the State to the plan or any modification of it; and

(g)     send to the Local Government Area waste disposal contractors or operators and such other relevant  persons a copy of the plan or, as the case may be,  particulars of the modification.

Power on Recycling Waste.

89.     The Authority shall, for the purpose of recycling waste, have powers to –

(1)    make arrangements with waste disposal contractors or operators for them to recycle waste with respect to which the Authority has duties under Section 83 or agree with another person for its disposal or treatment;

(2)    make arrangement with waste disposal contractors or operators for them to use waste for the purpose of  producing from it heat or electricity or such other products that they may consider valuable;

Sanitary Landfills

90. (1) The Ministry shall after due consideration of the Site. environmental and social factors designate a place in each of the three (3) senatorial districts within the State as a sanitary landfill site where waste collected from the user shall be dumped.

(2)     Upon designation of such area as a sanitary landfill site, the Ministry shall exercise the right to design, plan, operate, manage, construct and maintain such designated places;

(3)     The Ministry may when it deems fit after due consideration of the environmental and social factors, have the sole right to approve the design and plan of a designated landfill area concessioned by the Ministry to private concessionaire;

(4)     The Ministry when necessary may concession the management, construction and maintenance of a designated landfill area to private contractors;

(5)     Factors to be considered in designating an area as a sanitary landfill shall include –

(a)     Area capacity and availability;

(b)     Proximity to sensitive groundwater resources;

(c)     Proximity to perennial surface water;

(d)     Occurrence to flooding;

(e)     Local ecological conditions;

(f)      Current and future land use;

(g)     Seismic condition;

(h)     Geological condition;

(i)      Soil/Land condition;

(j)      Topography; and

(k)     Environmental friendly technology

Special or Hazardous Waste.

91. (1) If the Authority considers that controlled waste of any kind is or may be so dangerous or difficult to treat, keep or dispose of that special provision is required for dealing with it, the Authority shall make provisions by regulations for the treatment, keeping or disposal of waste of that kind (“hazardous waste”).

(2)     Without prejudice to the generality of subsection (1) of this Section, the regulations may include provision –

(a)     for the giving of directions by the Authority with respect to matters connected with the treatment, keeping or disposal of special waste;

(b)     for ensuring that special waste is not, while awaiting treatment or disposal in pursuance of the regulation, kept at any one place in quantities greater than those which are prescribed and in circumstances which differ from those which are prescribed;

(c)     for requiring the owner or occupier of premises on which special waste is situated to give notice of that fact and other prescribed information to the authority;

(d)     for the keeping of the records by the Authority and  by persons who import, export, produce, keep, treat or dispose of special waste or deliver it to another  person for treatment or disposal, for the inspection of the records and for the furnishing by such persons to the Authority of copies of information derived from the records;

providing that a contravention of the regulations shall be an offence and prescribing the maximum penalty for the offence.

Duty to Keep Land and Highways Clear of Litter

92. (1) The duty to keep land, roads and highway clear and free of litter shall be that of- etc.

(a)     each Local Government Area for any relevant road for which it is responsible;

(b)     the Authority, for any relevant highway, trunk road, special road and any relevant highway or relevant road for which it is responsible;

(c)     each principal litter authority, in respect of its relevant land;

(d)     the governing body of each designated educational institution or, the educational authority responsible for the management of the institution, as respects its relevant land; and

(e)     the occupier of any relevant land within a litter control area of a Local Government Area, to ensure that the land is kept clear of litter and refuse.

(2)     In determining what standard is required ,in respect of any description of land, highway or road, for compliance with subsection (1) of this Section, regard shall be had to the character and use of the land, highway or road and the measures which are practicable in the circumstances.

(3)     A Local Government when discharging its duties under subsection (1)(a) of this Section shall –

(i)      in respect of any relevant highway or road, place and maintain on the highway or road such traffic signs and barriers as may be necessary for giving warning and preventing danger to traffic or for regulating it;

(ii)     remove such signs as soon as they cease to be necessary for those purposes; and

(iii)    this subsection has effect subject to any directions given under subsection (4) of this Section.

(4)     In discharging its duty under subsection (1)(a) or (2) of this Section to keep clear of litters and refuse or to clean any relevant highway or relevant road for which it is responsible, the Local Government shall comply with any direction given to it by the highway or road management authority with respect to –

(a)     the placing and maintenance of any traffic signs or  barriers;

(b)     the days or periods during which clearing or cleaning shall not be undertaken to any extent specified in the direction.

Power of the Commissioner.

93. (1) The Commissioner may by order, prescribe land to be designated under subsection (3) of this Section as a Litter Control Area.

(2)     The power of the Commissioner to prescribe land under subsection (1) of this Section includes power to describe the land  by reference to the ownership or occupation of the land or the activities carried on it.

(3)     Any Principal Litter Authority other than a Local Government or Agency, may in accordance with the provisions of this section, designate any land in their area as part of a Litter Control Area.

(4)     An order under subsection (3) of this Section shall be made where the presence of litter or refuse is detrimental to the condition of the land or the environment.

(5)     An authority proposing to make a Designation Order in relation to any land shall –

          (a)     notify persons likely to be affected by the proposed order;

(b)     allow representations to be made within the period of seven (7) days from the service of the notice; and

(c)     give consideration to any representation made in decision making.

(6)     A Designation Order under subsection (3) of this Section shall identify the land to which it applies and shall be in such form as the Commissioner may prescribe.

Summary Proceedings by Persons Aggrieved.

94. (1) The Court may act under this Section on a complaint made by any person on the ground that the person is aggrieved by the defacement, litter or refuse of  –

(a)     relevant highway;

(b)     any trunk road which is a special road;

(c)     relevant land under a Principal Litter Authority;

(d)     any State land;

(e)     relevant land designated as statutory undertaker;

(f)      relevant land designated as educational institution; or

(g)     relevant land within a litter control area of a Local Government Area.

(2)     The court may act on a complaint made by any person on ground of unhygienic and unkempt highway or trunk road.

(3)     A principal litter authority shall not be treated as a person aggrieved for the purposes of proceedings under this section.

(4)     Proceedings under this section shall be brought against the  person who has the duty to keep the land clear under Section 92(1) or to keep the highway clean under section 92(2).

(5)     Before instituting proceedings under this Section against any person, the complainant shall give to the person not less than five (5) days written notice of intention to lodge a complaint and the notice shall specify the matter complained of.

(6)     If the court is satisfied that the highway or land in question is defaced by litter or refuse or, in the case of a highway, is unclean, the court may, subject to subsections (7) and (8) of this Section, make an order (“a litter abatement order”) requiring the defendant to clear the litter or refuse or, clean the highway within a time specified in the order.

(7)     The Court shall not make a Litter Abatement Order if the defendant proves that he has complied, with regards to the clearing of the highway or land, with his duty under Section 91(1) and (2) of this Part.

(8)     The Court shall not make a Litter Abatement Order where it appears that the complaint arises out of the directives of the Local Government under Section 96 of this Part by the highway authority.

(9)     A person who, without reasonable excuse, fails to comply with a Litter Abatement Order commits an offence and is liable on summary conviction to a fine not exceeding Ten Thousand  Naira (N10,000.00) and One Thousand Naira (N1,000.00) for each day for which the offence continues after the conviction.

(10)   In any proceedings for an offence under subsection (9) of this Section it shall be a defence for the defendant to prove that he has complied, in respect of the highway or land in question, with his duty under Section 96 (1) and (2) of this Part.

(11)   Where the court is satisfied on the hearing of a complaint under this Section that –

(a)     when the complaint was made to it, the highway or land in question was defaced by litter or refuse or, was wanting in cleanliness; and

(b)     there were reasonable grounds for bringing the complaint

the court shall order the defendant to pay such reasonable sum to the complainant as the court may determine in respect of the expenses incurred by the complainant in bringing the complaint and the proceedings before the court.

Summary Proceedings by the Authority.

95. (1) Where a principal litter authority is satisfied in  respects of any relevant-

(a)     State or Federal land;

(b)     land of a designated statutory undertaker;

(c)     land of a designated educational institution; or

(d)     land within a litter control area of a Local Government.

that it is defaced by litter or refuse which is likely to reoccur, the authority shall serve a notice (a “litter abatement notice”) imposing either the requirement or the prohibition or both specified in subsection (2) of this Section.

(2)     The requirement and prohibition referred to in subsection (1) of this Section are as follows  –

(a)     a requirement that the litter or refuse be cleared within a time specified in the notice; and

(b)     a prohibition on the land to be defaced by litter or refuse.

(3)     The litter abatement notice shall be served –

(a)     in respect of relevant Government land, on the appropriate State or Federal authority;

(b)     in respect of relevant land of a designated educational institution, on the governing body of the institution or in such body or, on the educational authority responsible for the management of the institution;

(c)     in any other case, on the occupier of the land or, if it is unoccupied, on the owner of the land.

(4)     The person served with the notice may appeal against the notice to the Court by way of summary application within the  period of fourteen (14) days beginning on the date on which the notice was served.

(5)     If on any appeal under subsection (4) of this Section, the appellant proves that, in respect of the land in question, he has complied with his duty under Section 92 of this Part, the court shall allow the appeal.

(6)     In any proceedings for an offence under this Section it shall be a defence for the person charged to prove that he has complied, in respect of the land in question, with his duty under Section 96 of this Part.

(7)     If a person on whom a litter abatement notice is served fails to comply with the requirement imposed by the notice in respect of any land, the authority may, subject to subsection (5) of this Section-

(a)     enter on the land and clear the litter or refuse; and

(b)     recover from that person the expenditure incurred except such of the expenditure as that person shows was unnecessary in the circumstances.

(8)     Subsection (7) of this Section does not apply in relation to relevant State or Federal land or relevant land of statutory undertakers.

Street Litter Control Notices.

96. (1) A principal litter authority may, with a view to the  prevention of accumulations of litter or refuse in and around any street or open land adjacent to any street, issue notices (“street litter control notices”) imposing requirements on occupiers of premises in relation to such litter or refuse, in accordance with this Section 306 of this Law.

(2)     If the authority is satisfied, in respect of any premises which are of a description prescribed under Section 98 (a) of this Part and have a frontage on a street in their area, that –

(a)     there is recurrent defacement by litter or refuse of any land, being part of the street or open land adjacent to the street, which is in the vicinity of the  premises;

(b)     the condition of any part of the premises which is open land in the vicinity of the frontage is, and if no notice is served is likely to continue to be detrimental to the amenities of the locality by reason of the presence of litter or refuse; or

(c)     there is produced, as a result of the activities carried on the premises, quantities of litter or refuse of such nature and in such amounts as are likely to cause the defacement of any part of the street, or of open land adjacent to the street, which is in the vicinity of the  premises, the authority may serve a street litter control notice on the occupier or the owner of the  premises.

(3)     A notice shall, subject to Section 96 of this Part-

(a)     identify the premises and state the grounds under subsection (2) of this Section on which it is issued;

(b)     specify an area of open land which adjoins or is in the vicinity of the frontage of the premises on the street;

(c)     specify, in relation to that area or any part of it, such reasonable requirements as the authority considers appropriate in the circumstances; and, for the  purposes of paragraph (b) of this subsection, an area which includes land on both sides of the frontage of the premises shall be treated as an area adjoining that frontage.

Obstruction of Duly Authorised Person.

97.     Any person who obstructs the Ministry or Local Government Area or any of their agencies, authorities or officials from carrying out any of their functions under the provisions of this Law commits an offence and is liable on conviction to a fine of Two Hundred and Fifty Thousand Naira (N250,000.00) or to a term of imprisonment for three (3) months or both.

Street Litter.

98.(1)The Commissioner may by order prescribe-

(a)     the descriptions of commercial or retail  premises in respect of which a street litter control notice may be issued;

(b)     the descriptions of land which may be included in a specified area; and

(c)     the maximum area of land which may be included in a specified area, and different descriptions or maximum dimensions may be prescribed under  paragraph (b) or (c) above for different cases or circumstances.

(2)     The power to describe premises or land under subsection (1)(a) or (b) of this Section includes power to describe the  premises or land by reference to occupation or ownership or to the activities carried on there.

(3)     The land comprised in a specified area –

(a)     shall include only land of one or more of the descriptions prescribed under subsection (1)(b) of this Section;

(b)     shall not include any land which is not-

(i)      part of the premises; (ii) part of a street;

(iii)    relevant land of a principal litter authority; or

(iv)    land under the direct control of any other Local Government; and

(c)     shall not exceed any applicable maximum area  prescribed under subsection (1)(c) of this Section,  but a specified area shall not include any part of the premises which is or part of a litter control area.

(4)     The requirements which may be imposed by a notice shall relate to the clearing of litter or refuse from the area and may in  particular require-

(a)     the provision or emptying of receptacles for litter or refuse;

(b)     the doing within a period specified in the notice of any such thing as may be so specified; or

(c)     the doing (while the notice remains in force) at such times or intervals, or within such periods, of any such thing as may be so specified,  but a notice may not require the clearing of litter or refuse from any carriageway, except at a time when the carriageway is closed to all vehicular traffic.

(5)     In relation to so much of the specified area as is not part of the premises the authority shall take account, in determining what requirements to impose, of their own duties under this Part or otherwise, and of any similar duties of any other Local Government, in relation to that land.

(6)     An authority before serving a litter control notice shall  –

 (a)    serve a pre-litter control notice to the person concerned

(b)     give him the opportunity to make representations about the notice within the period of fourteen (14) days beginning with the day on which he is so informed; and

(c)     take any representations so made into account in making their decision.

(7)     A person on whom a litter control notice is served may appeal against the notice to a magistrate court by way of summary application, and the court may quash the notice or may vary or add to any requirement imposed by the notice.

(8)     If it appears to the authority that a person has failed or is failing to comply with any requirement imposed by a notice the authority may apply to the court by way of summary application for an order requiring the person to comply with the requirement within such time as may be specified in the order.

(9)     A person who, without reasonable excuse, fails to comply with an order under subsection (8) of this Section commits an offence and is liable on summary conviction to a fine not exceeding Five Thousand Naira (N5,000.00) for each day on which the offence continues after the conviction.

 Procedure in Respect of Suits against the Authority.

99. (1) A suit against the Authority, a member of the Authority or any employee of the Authority for any act done in pursuance or execution of any Law, or of any public duty or authority will not lie or be instituted in any court unless it is commenced within twelve (12) months after the act, neglect or default complained of or in case of continuance of damage or injury within twelve (12) months after.

(2)     A suit may not commence against the Authority or any member of the Authority or any person acting under the direction of the Authority in respect of any act purported to be done or any neglect of duty under this Part, before the expiration of a period of one (1) month during which written notice of intention to commence the suit must be served on the Authority by the intending claimant or the agent and the notice must clearly and explicitly state the cause of the action, the particulars of claim, the name and place of abode of the intending claimant and the relief claimed.

(3)     In any action or suit against the property of the Authority, no execution or attachment or process of that nature will be issued against the Authority, but any sum of money which may be the  judgment of the court awarded against the Authority will subject to any direction given by the court where notice of appeal has been given by the Authority in respect of that judgment, be paid from the general funds of the Authority.

Financial Provision.

100. (1) The funds of the Authority shall consist of all-

(a)     fees, charges and levies for services rendered by the Authority payable by all users including all organs and agencies of the Federal, State and Local Governments respectively;

(b)     sums received as donations, grants, subscriptions, or amounts received as damages, etc.;

(c)     sums and mortgages, debentures, investments and other property vested in the Authority;

(d)     moneys which may be granted to or invested in the Authority by other persons, companies or corporations;

(e)     sums earned or arising from any property or investment acquired by or vested in the Authority; and

(f)      other sums accruing to the Authority from any other source.

(2)     The funds of the Authority shall be administered by the Authority for the purposes of this Part, in such manner as it deems fit.

Annual Account.

101.   The Authority shall prepare not later than three (3) months before the end of each financial year an account of the expenditure and income of the Authority for the next succeeding financial year.

Accounts and Audit.

102. (1) The Authority shall keep proper accounts in respect of its revenue and expenditure and within three (3) months after the end of each financial year, prepare an annual statement of account showing the financial position of the Authority in an accurate manner.

(2)     The annual statement of account must be audited by a reputable external audit firm selected from a list of auditors approved by the Auditor-General for Local Governments.

(3)     As soon as the annual statement of account has been audited, the Authority must forward copies of same together with copies of the audit report for confirmation to the Auditor-General for Local Governments and to the Governor.

General Reserves.

103.   The Authority shall establish and maintain a general reserve fund out of the profits of the Authority for meeting contingencies, depreciation of assets, the liquidation of the Authority and for other  purposes as the Board may consider for the proper functioning of the Authority under this Part.

Power to Borrow.

104. (1) The Authority may with the approval of the Governor  borrow such sums of money as it deems necessary, whether by way of mortgage or otherwise, for and in connection with the exercise of its functions under this Part.

(2)     An approval given for the purpose of this Section may be either general or limited to a particular borrowing or otherwise and may be subject to conditions.

Quarterly Report.

105.   The Authority must submit quarterly reports of its activities to the Governor, and these reports will be made available to the public.

Annual Report.

106.   The Authority must as soon as possible after the end of each financial year and in any case not later than the end of March of each year; submit the annual reports of its activities to the Governor.

Power to make Regulations.

107. (1) The Authority shall have power to make regulations in accordance with the Regulations Approval Law: Vol. 9 Ch.R5 Laws of Lagos State 2015.

(2)     Without derogating from the generality of subsection (1) of this Section, the Authority may make regulations for all or any of the following;

(a)     the duties, powers, rights and obligations of a licensee;

(b)     the procedure for applying for licences, requirements for information and documentation to  be submitted by the applicants;

(c)     the procedure for amending and cancellation of licences;

(d)     fees and levies payable by industrial and commercial waste generators;

(e)     the determination of standards of performance that will be required from licensees;

(f)      the information and returns that will be required from licensees and the manner in which it is to be  provided;

(g)     fees, levies and other charges that may be payable  by licensees;

(h)     the regulation of under-served areas;

(i)      fines and penalties payable by licensees and waste generators for breach of any of the provisions of this Part or the Regulations made under it; and

(j)      such other regulations as may be required.

Vesting of Assets.

108.   There will be transferred to and vested in the Authority as soon as possible after the commencement of this Law-

(a)     all properties whether real or personal, all trenching and waste grounds, water depots and vehicles or other equipment used for collection of waste held by the Lagos Waste Disposal Board on such terms as may be agreed upon by the Authority; and

(b)     all assets and liabilities of the defunct Lagos Waste Disposal Board in connection with its functions relating to removal and disposal of waste on such terms as may be determined and approved by the Authority.

Offences and Penalties.

109. (1) Without prejudice to the provisions of Section 58 of this Part, any person who contravenes any provisions of this Part commits an offence and is liable on conviction to a fine not exceeding Two Hundred Thousand Naira (N200,000.00) or to a term of three (3) months imprisonment or both.

(2)     Where the offence is committed by a corporate body, other than a waste collector or operator, the corporate body shall be liable on conviction to a fine not exceeding Five Hundred Thousand  Naira (N500,000.00) and in addition the Secretary or Director or Manager of the said corporate body shall be liable to a fine of Two Hundred and Fifty Thousand Naira (N250,000.00) or three (3) months imprisonment.

(3)     Where the offence is committed by a licenced waste collector or operator, the Authority may in addition to subsection (2) of this Section suspend or cancel any licence issued in accordance with Section 69 of this Part.

(4)     The provisions of this Part shall be enforced by officers of the Authority, the Environmental Health Officers of Local Government Areas in collaboration with the Environmental Sanitation Corps.

SCHEDULE 1 (Sections 70 and 71) FORM A

FORM FEE N=. . . . . . . . . . . . . . . . . . . . . LAGOS STATE GOVERNMENT Application for the Issue/Renewal of

Private Collector’s Licence

 I/We . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . hereby apply for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature of the Applicant FORM B (Section 16(1))

PRIVATE COLLECTOR’S LICENCE

  No: . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Category of Waste: . . . . . . . . . . . . . . . . . Issuance date: . . . . . . . . . . . . . . . . . . . . . Expiry date: . . . . . . . . . . . . . . . . . . . . . . Area allocated/Ward/Local Government

SCHEDULE 2 GENERAL PROVISIONS WITH REGARDS TO DISPOSAL OF ALL TYPES OF WASTE INCLUDING HAZARDOUS WASTE

General.

(1)     It is the duty of the Authority to prescribe minimum standard practices relating to the management of all types of waste including segregation, handling, labelling, storage transport, treatment and disposal.

(2)     All generators of hazardous waste including health care institutions to inform their staff of the recommended method of handling storage and disposal of such waste.

(3)     Any other Solid Waste or liquid which is neither hazardous nor radio active in character, combined with untreated biomedical waste will be managed as untreated hazardous waste. Duty to provide access to domestic waste services.

(4)     The Authority has a duty to all local community/government area to ensure efficient, affordable, economical and sustainable access to the domestic waste service.

(5)     The duty referred to in subsection (1) is subject to —

(a)     the obligation of the members of the local community area to pay the prescribed fee, for the provision of the domestic waste service, which must be in accordance with prescribed standards for rates and levies; and

(b)     the right of the Authority to differentiate between categories of users and geographical areas when setting levels of service for the  provision of the domestic waste management.

(6)     The Authority will take the following factors into account in ensuring access to the domestic waste service:

(a)     the waste management hierarchy set out in this Part;

(b)     the need to use resources efficiently; (c) equity and affordability;

(d)     operational efficiency; and

(e)     the need to protect human health and the environment. (7) In providing the waste collection services, the Authority may determine or designate-

(a)     collection schedules;

(b)     locations for placing approved receptacles for collection;

(c)     which types of waste generated by the occupier of any premises are separable for the purposes of recycling and the conditions for their separation, storage or collection.

PART IV ENVIRONMENTAL SANITATION, STATUTORY NUISANCES AND LITTERS

Interpretation.

110. In this Part, unless the context otherwise requires –

“Appropriate Officer” means any officer appointed by the Ministry, relevant agencies or Local Government Areas to carry out the functions under this Part including but not limited to Environmental Health Officers and Environmental Sanitation Corps.

“Best Practicable”  is to be interpreted by reference to the following provisions –

(i)      “practicable” means reasonably practicable having regard among other things to local conditions and circumstances, to the current state of technical knowledge and to the financial implications;

(ii)     the means to be employed include the design, installation, maintenance, manner and periods of operation of plants and machinery, and the design, construction and maintenance of buildings and structures;

(iii)    the test is to apply only in so far as it is compatible with any duty imposed by law;

(iv)    the test is to apply only in so far as it is compatible with safety and safe working conditions, and with the exigencies of any emergency or unforeseeable circumstances; and, in circumstances defined under the Factories Act, is applicable, regard shall also be had to guidance given in it.

“Chimney or exhaust pipes” includes structures and openings of any kind from or through which smoke may be emitted;

“Commissioner”  means the Commissioner for the Environment or the member of the State Executive Council for the time being charged with the responsibility for the management of the environment in the State;

“Court” means the Environmental Court established under this Law.

“Dust” means powdery material such as dry earth or pollen that can be blown about in the air, and includes dust emitted from a chimney as an ingredient of smoke;

“Fumes” means any airborne solid matter smaller than dust;

“Gas” includes vapour and moisture precipitated from vapour; “Educational institution”, means—  

(i)      any university established under the Federal or State Laws whether publicly or privately funded;

(ii)     the Open University; and

(iii)    any secondary or tertiary institutions, Polytechnic or Colleges which provides higher education or further education (or  both) which is full-time or part time education whether privately or publicly funded.

“Enforcing Authority” means the Ministry, Relevant Agencies, Local Government Area, or any agency authorised by Law to perform such functions specified in this Law.

“Industrial, trade or business premises” means premises used for any industrial, trade or business purposes or  premises not so used on which matter is burnt in connection with any industrial, trade or business process, and premises are used for industrial purposes where they are used for the  purposes of any treatment or process as well as where they are used for the purposes of manufacturing;

“Industrial Waste” means waste generated from any premises used wholly or partially for the purpose of manufacturing and servicing operation or business and includes waste from mines and quarries;

“Local Authority” means Local Government or Local Council Development Areas within Lagos State;

“Ministry” means the Ministry of the Environment;

“Noise” means any pollution caused by sound that is intrinsically objectionable or that may cause adverse effect in human health, life or the environment and vibration;

“Notice” means a street litter control notice;

“Occupier” means a tenant, a resident or a user of tenement;

 “Open Land” means land in the open air;

“Owner” means a landlord, State lessee, joint owner, tenant for life, mortgagee in possession or any person in actual  possession and includes a person acting on the authority of the owner;

“Gas” includes vapour and moisture precipitated from vapour; “Educational institution”, means —

(i)      any university established under the Federal or State Laws whether publicly or privately funded;

(ii)     the Open University; and

(iii)    any secondary or tertiary institutions, Polytechnic or Colleges which provides higher education or further education (or  both) which is full-time or part time education whether privately or publicly funded.

“Enforcing Authority” means the Ministry, Relevant Agencies, Local Government Area, or any agency authorised by Law to perform such functions specified in this Law.

“Industrial, trade or business premises” means premises used for any industrial, trade or business purposes or  premises not so used on which matter is burnt in connection with any industrial, trade or business process, and premises are used for industrial purposes where they are used for the  purposes of any treatment or process as well as where they are used for the purposes of manufacturing;

“Industrial Waste” means waste generated from any  premises used wholly or partially for the purpose of manufacturing and servicing operation or business and includes waste from mines and quarries;

“Local Authority” means Local Government or Local Council Development Areas within Lagos State;

“Ministry” means the Ministry of the Environment;

“Noise” means any pollution caused by sound that is intrinsically objectionable or that may cause adverse effect in human health, life or the environment and vibration; “Notice” means a street litter control notice;

“Occupier” means a tenant, a resident or a user of tenement;

 “Open Land” means land in the open air;

“Owner” means a landlord, State lessee, joint owner, tenant for life, mortgagee in possession or any person in actual  possession and includes a person acting on the authority of the owner;

(c)     put refuse into securely tied plastic bags or leak  proof dustbins or litter bins with tightly fitting lids;

(d)     keep refuse dustbins or litter bins where appropriate within their premises until the time of collection;

(e)     ensure that refuse dustbins or litter bins are covered at all times with tight fitting cover;

(f)      not dump yard sweepings, hedge cuttings, grass, leaves, earth, stones, bricks or business waste with household refuse;

(g)     not use dustbins or litter bins which may be leaking or permitting litter to escape or which might injure  people handling them; and

(h)     not litter, sweep out, or throw ashes, refuse, paper, nylon and rubbish into any street, public or vacant  plot.

Cleanliness of Premises.

112.   An owner or occupier of any building shall ensure the cleanliness of his premises, particularly the backyard, courtyard, front yard and the surrounding gutters and drainages.

Cleanliness of Toilets/ Bathrooms and the General Environs of Restaurants/ Hotels, etc.

113.   An owner or operator of a restaurant, hotel, night club or school shall ensure the cleanliness of all toilets and bathrooms within the premises and its environs.

Use of Sanitary Litter Bins.

114. (1) A pedestrian shall not dispose of any scrap paper, newspaper, candy wrapper, fruit skin and similar refuse anywhere except in litter bins.

(2)     A person shall not use litter bins for household refuse, commercial or industrial waste.

Obstruction and Improper

115. (1) All side-walks shall be free from obstruction to allow free Disposal or Dumping flow of pedestrian and vehicular traffic. of Refuse.

(2)     All streets shall be free from obstruction and from construction or demolition materials.

(3)     A person shall not use another person’s dustbin in front of his or another’s building far or near from where he resides or works.

(4)     A person shall not dump indiscriminately any domestic, industrial or commercial waste, or discarded vehicle spare parts or tyres along highways, roads, channels, gorges, vacant land directly or through private operators except at designated refuse disposal sites.

Domestic Refuse Disposal

116.   All domestic refuse shall be disposed through an approved waste collector.

Vehicles to Carry Litter Bins.

117. (1) Every commercial vehicle in the State shall carry a litter bin for the use of the passengers.

(2)     A passenger shall not throw any litter, fruit skins, scrap  paper or other item onto the road from any vehicle.

(3)     Where no bin is provided, the driver shall be liable, in addition to any other person, for any contravention of subsection (2) of this Section.

Abuse of Setback on Public Infrastructures.

118. (1) Notwithstanding any permit given under any Law, a person shall not

 –

 (a)    construct or put any structure on drainage alignment, sewers, rail tracks, footpaths or on the required road or setbacks;

(b)     use any road, street or other setback as a mechanic workshop or motor park;

(c)     abandon any vehicle on highways;

(d)     display, sell or buy goods on drainage alignments, roads, rail tracks, bridges and road setbacks;

(e)     cook or sell any food on roads, rail tracks, bridges and road setbacks;

(f)      defecate or urinate in the drainage or any open space; and

(g)     organise, hold social parties or religious activities on any road, or obstruct any road.

(2)     A person shall not allow cattle, goats, sheep or other animals to roam on the road, street or any open space.

Vacant Lands.

119. (1) Every grantee, lessee or licensee of any vacant land shall ensure there is no heap of refuse, rubbish, overgrown weed or offensive material on such land.

(2)     A person shall not use a heap of refuse or rubbish to fill vacant land, swamps, gorges or marshy land.

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LAWS OF LAGOS STATE

Alphabetical List 1999-2015 2015 Republication
By Subject Areas Latest Repealed

LAWS OF THE FEDERAL REPUBLIC OF NIGERIA

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