National Environmental Standard and Regulations Enforcement Agency (Establishment) (Amendment) Act 2018

Published by Law Nigeria Admin at 2nd April 2019

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NATIONAL ENVIRONMENTAL STANDARD AND REGULATIONS AGENCY (ESTABLISHMENT) (AMENDMENT) ACT, 2018

EXPLANATORY MEMORANDUM

This Act amends the National Environmental standards and regulations enforcement Agency (Establishment) Act No. 25, 2007 to review the conditions of appointment of some Council members, increase penalties and permit the search of premises without warrant.

NATIONAL ENVIRONMENT STANDARDS AND REGULATIONS ENFOCEMENT AGENCY (ESTABLISHMENT) (AMENDEMENT) ACT, 2018

ARRANGEMENT OF SECTIONS

Amendment of Act No.25, 2007
Amendment of Section 3.
Amendment of section 7
Amendment of section 8
Amendment of section 9
Amendment of section 13
Amendment of section 20
Amendment of section 21
Amendment of section 22
Amendment of section 23
Amendment of section 24
Amendment of section 26
Amendment of section 30
Insertion of new section 31A
Insertion of new section 32A
Insertion of new section 33A
Amendment of section 37.
Citation

NATIONAL ENVIRONMENT STANDARDS AND REGULATIONS ENFORCEMENT AGENCY(ESTABLIHMENT) (ADMENDMENT) ACT, 2018.

An act to amend the National Environmental standards and Regulations Enforcement Agency (Establishment) Act No. 25, 2007 to review the conditions of appointment of some council members, increase penalties and permit the search of premises without warrant; and for related matters

ENACTED by the National Assembly of the Federal Republic of Nigeria:

Amendment of Act No.25, 2007

The National Environmental Standards and Regulations Enforcement Agency

(Establishment) Act No. 25, 2007 (in this Act referred to as the “Principal Act”) is amended as set out in this Act.

Amendment of Section 3

Section 3 (I) of the Principal Act is amended in:

(a) paragraph (b), by inserting after the word, “representative, in line 2, the words, “who is not below the rank of a Director”,

(b) Paragraph (c), by subsisting for subparagraph (vii), a new subparagraph “(vii)’’, a new subparagraph “ (vii)”

“(vii) a representative of the Federal Ministry of Health” and

(c) paragraph (e), by inserting after the word, “interest”, in line 1, the word, “with relevant qualification and 10years post qualification experience in environmental related field”

Amendment of section 7

Section 7 of the principal Act is amended, in:

(a) paragraph (c), line 3, by the deleting the words, “oil and gas”

(b) paragraph (i), by inserting after the word, “by”, in line 1, the words, “the Government”; and

Amendment of section 8

Section 8 (q) of the principal Act is amended by inserting after the word, “services” in line 1, the words, “including administrative fees”

Amendment of section 9

Section 9 of the Principal Act is amended by inserting after the word, “services”, in line 1, the words, “including administrative fees”

Section 9 of the principal Act is amended by inserting, after the word, “functions”, in the marginal note, the words, “and powers”

Amendment of Section 13

Section 13 of the principal Act is amended by inserting after subsection (2), a new subsection “(3)”

“(3) All money received by or on behalf of the Agency hall be receipted and paid into the federation account within 24 hours of receipt or the next working day”

Amendment of Section 20

Section 20 of the Principal Act is amended:

(a) in subsection (3), by substituting;

(i) for the word, “exceeding”, in line 3, the words, “less than”, and

(ii) for the words, “exceeding one year”, in line 3, the words, “less than six months”, and

(b) by substituting for subsection (4), a new subsection “(4)”:

“(4) Where a body corporate contravenes subsection (1), it commits an offence and is liable on conviction to a fine not less than N2,000,000 and an additional fine of N50,000 for everyday the offense subsists”

Amendment of Section 21

Section 21 of the principal act is amended, in:

(a) subsection (2), by substituting for the words, “in collaboration with other relevant agencies, embark on programmes”, in lines 1 and 2, the words, “make regulations”, and

(b) subsection (3), by substituting for the word, “exceeding”, in line 2, the words, “less than”

Amendment of Section 22

Section 22 of the principal Act is amended, in:

(a) subsection (3), by substituting for the word, “exceeding” in line 2, the words, “less than” and

(b) subsection (4), by substituting for the word, “exceeding”, in line 2, the words, “less than”

Amendment of Section 23

10 Section 23 of the principal Act is amended, in:

(a) subsection (1), by substituting for the word, “collaboration”, in line, the word, “constitution”

(b) subsection (3), by substituting for the word, “exceeding” in line 3, the words, “less than”;and

Amendment of Section 24

Section 24 of the Principal Act is amended, in:

(a) subsection (4), by substituting for the word, “exceeding”, in the 3, the words, “less than”; and

(b) Subsection (5), by substituting for the word, “exceeding”, in line 2, the words, “less than”,

Amendment fo Section 26

Section 26 of the Principal Act is amended, in:

(a) subsection (3), by substituting for the word, “exceeding”, in line 3, the words, “less than”; and

(b) subsection (4), by substituting for the word, “exceeding”, in line 2, the words, “less than”

Amendment of Section 30

Section 30 of the principal Act is amended, by:

(a) Inserting after subsection (4), a new subsection “(4A)”:

“(4A) Where, in a case of verifiable urgency where the environmental pollution is an immediate or imminent threat to life and property, or to prevent the commission of an offence provided under this Act, and an application to the court for an order or to a judge in chambers to obtain a search warrant would cause delay that may be prejudicial to the maintenance of public safety or order, an authorized officer of the Agency or a relevant agency may, without prejudice to the provisions of subsection (1) or any other law, with the assistance of other officers as may necessary and while search warrant or court order is being sought for:

(a) enter and search any premises, place or conveyance if he has reason to suspect that, within those premises, place or conveyance:

(i) an offence under this Act is being committed or likely to be committed,

(ii) there is evidence of the commission of an offence under this Act, or

(b) search any person or conveyance found on any premises or place which such officer is empowered to enter and search under paragraph (a);

(c) stop, board and search any conveyance where the authorized officers of the agency or relevant Agency has reasons to suspect that there is evidence of the commission or likelihood of the commission of an offence under this Act;

(d) seize, remove and detain anything which is, or contains or appears to him to be or to contain or likely to contain, evidence of the commission of an offence under this Act;

(e) suspend activities, seal and close down premises including land, vehicle, tent, vessel floating craft or any inland water and other structure; or

(f) arrest, search and detain any person whom the officer reasonably suspects to have committed or likely to commit an offence under this Act”; and

(b) renumbering the section appropriately.

Insertion of new Section 31A

Insert after section 31 of the principal Act, a new section “31A”

31A. The provisions of the Public Officers Protection Act shall apply in relation to any suit instituted against any officer or employee of the Agency.”

Insertion of new Section 32A

Insert after section 32 of the Principal Act, a new section “32A”

32A No execution or attachment of process shall be issued against the Agency in any action or suit without the prior consent of the Attorney–General of the Federation”

Insertion of new Section 33A

Insert after section 33 of the Principal Act, a new section “33A”

33A A member of the council, the Director –General and officers of the Agency are indemnified against any proceedings, whether civil or criminal, in which judgment is given in his favour, or in which he is acquitted, if any such proceeding is brought against him in his capacity as member of the Council, the Director–General, officer or employee of the Agency.

Amendment of Section 37

Section 37 of the principal Act is amended by inserting, in alphabetical order, the new definition of:

“environmental enforcement infrastructure” means the stock of facilities and equipment needed for the functioning of efficient environmental compliance monitoring and enforcement regime, it is also concerned with the institutional strengthening and capacity building of the agency, including resources such as manpower, building, laboratories, monitoring networks, e.t.c”

Citation