NASARAWA STATE ENVIRONMENTAL LAW

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NASARAWA STATE ENVIRONMENTAL LAW

LAWS OF NIGERIA

EXPLANATORY MEMORANDUM

A LAW TO MAKE PROVISION FOR THE NASARAWA STATE ENVIRONMENTAL LAW AND OTHER PURPOSES CONNECTED THEREOF

ARRANGEMENT OF SECTIONS

PART ONE – PRELIMINARY

Citation and Commencement
Duty of owner to Keep tenements
Prohibition of throwing rubbish into Streets etc.
Provision and Maintenance of dustbin, etc.
Power to clear a drain, etc.
Power of Authority to construct or demolish structure
Prohibition of parking or abandonment of vehicle
Prohibition of and dropping of passengers
Monthly sanitation and penalty
Prosecution of offences
Penalty for an offence committed
Jurisdiction
Power to appoint task force and its powers
Repeal
Interpretation

FORMS

SCHEDULES

NASARAWA STATE ENVIRONMENTAL LAW

ENVIRONMENTAL LAW A LAW TO MAKE PROVISION FOR THE NASARAWA STATE ENVIRONMENTAL LAW AND OTHER PURPOSES CONNECTED THEREOF

Citation and Commencement

1 This Law may be cited as the Nasarawa State Environmental Law and shall come into operation on the ……… day of …2004.

Duty of owner Keep tenements

(1) Every owner or occupier of any tenement shall clear and keep the streets at the front, back or either sides of such tenement and to drains, gutters or channels by such streets free from filth, rubbish and refuse of any kind or description.

(2) The owner or occupier of a tenement shall maintain a proper drain in his tenement in such a way as to avoid the blockage of the drain and shall in addition provide a covered dustbin to be used for depositing refuse of any description daily all refuse from the dustbin to a pubic refuse depot or dispose of it in such a way and in such a place as the sanitary officer may direct or approve.

Prohibition of throwing rubbish into Streets etc.

(1) No persons shall throw, lay, or deposit on any street, gutter, open space, drain or drainage system or on a tenement, whether occupied or not, any litter, refuse, waste of any description rubbish or any whole-some matter, except at such places as may be authorized by the Authority.

(2) It shall be lawful for a health officer to enter upon any tenement at any time between prescribed hours for the purpose of inspecting same to ensure that determinant is kept clean.

(3) A health officer who is refused entering into a tenement may apply in the prescribed form in form I of the Second Schedule hereto to a court in his area of jurisdiction for an order to enter the tenement during the prescribed hours.

(4) The Health Officer may in the notice as in Form I require the owner or the occupier of the tenement to do what is necessary for the purpose of preventing any reoccurrence of the nuisance within the tenement.

(5) A court order under this section shall be as prescribed in Form 2 of the Second Schedule hereto.

(6) Upon the entry of any tenement of the Health Officer or any person duly authorized by him is satisfied of the existence of nuisance within the tenement, he shall serve a notice as prescribed in the First Schedule hereto to the owner or occupier of the tenement for the abatement of the nuisance within the period of three (3) days after the service of the notice.

(7) Any person who disobeys a course order made under this section or who in any way hinders, prevents or obstructs any execution of a court order under this section, shall be guilty of an offence and shall, on conviction to sentenced to a fine not exceeding One Thousand Naira or six month imprisonment or both.

Provision and Maintenance of dustbin

(1) Every Owner or a tenement shall provide at least one covered dustbin for his tenement and same shall be used for depositing any kind of refuse within the tenement.

(2) The owner or occupier of a tenement shall maintain in a good condition the dustbin provided in his tenement and shall replace same when destroyed or worn out.

(3) The Authority shall designate refuse disposal sites for the purpose of disposing of the contents of the dustbin and no obnoxious or poisonous substance or waste shall be deposited in a dustbin.

Power to clear a drain, etc.

The Authority shall have power to authorize any of its officers or employees to inspect, clear or clean any street, open space, public place, recreational ground, drain, drainage system or to carry out any other work in a lawful way for the purpose of maintaining a continuous flow of a drain or a drainage system.

Power of Authority to construct or demolish structure

The Authority shall have power to:-

(a) Remove or demolish of whatever description, if it impedes or is likely to impede the continuous flow of a drain or of a drainage system or if it obstructs the clearing, construction or inspection of a drain or of a drainage system.

(b) Constructs any structure of whatever description for the purpose of clearing or inspecting a drain or a drainage system to ensure a continuous flow thereof.

Prohibition of parking or abandonment of vehicle

(1) No person shall park, leave or abandon any vehicle on any part of the road or street for whatsoever reason, except on technical fault and for whatever length of time, and no person shall drop passengers on any part of the road except at place or portion thereof which the Authority permits or designates for the purpose of parking and dropping passengers.

(2) Any person who contravenes the provisions of the section shall be guilty of an offence and shall be liable to a fine not exceeding N1, 000.00 or six months imprisonment or both.

Prohibition of and dropping of passengers.

(1) No driver of a taxi or bus operating on any street or road specified in this Law shall carry or drop a passenger except at stands or stopping places as may be determined by the Authority.

(2) Any person who contravenes the provisions of this Section shall be quilt of an offence and shall be liable to a fine not exceeding N2,000.00 or 12 months imprisonment or both.

Monthly sanitation and penalty

(1) Every citizen of Nasarawa State shall compulsorily observe a monthly sanitation which shall be carried out throughout the State in every last Saturday of the month from 7am-10am.

(2) No person shall be seen on the day and the time for sanitation loitering, playing, hawking, rearing animals, or carrying out any business unless those on essential duties.

(3) Where there is a breach of the provisions of this section by any person, such person upon apprehension shall be liable on conviction to a term of imprisonment not exceeding 7 days or a fine of N500.00 Naira or both.

Prosecution of offences

(1) In the prosecution of any person under the provisions of this Law, the Authority shall be the complainant and the proceedings may be instituted by the Health Officer, the Commissioner of Police, or a law officer in the office of the Attorney General of the State.

(2) No warrant is necessary for the arrest of any person who commits an offence under this Law.

(3) Where a person is being prosecuted under this Law in his capacity as either the owner or occupier of a tenement, the burden of proving that the he is not the owner or occupier of the tenement shall rest on him.

(4) No health officer or person authorized by the Authority being its staff or employees shall be liable for any act done or omitted to be done by him in good faith and in the execution of his duties under this Law.

Penalty for an offence committed

Where an offence under this Law has been committed by a body corporate, a fine to be imposed by the court on conviction shall not be less than (N5, 000.00) Five Thousand Naira.

Jurisdiction.

Offences under this Law shall be triable by any court not below the rank of Magistrate Court.

Power to appoint task force and its powers

(1) The Executive Governor may appoint a Task Force or Commission or Body for the purpose of enforcement of the provisions of this Law and any regulations made there under.

(2) The Task Force, Commission or Body, when so appointed, shall exercise all the powers necessary and incident for the purpose of enforcement and administration of this law and any such regulations made pursuant hereto.

(3) The Task Force or Commission or Body shall:-

(a) Request for or secure from any person any vehicle for a specific period of time for use with payment of fees therefore and the owner of the said vehicle oblige.

(b) Remove dirt, filth or unauthorized obstruction, kiosks, Workshop, stall, sheds or other structure from streets, highways, waterways and open space at the expense of the owners.

(c) Carry out regular and surprise inspection on any premises for the purpose of ensuring that sanitary conditions are maintained.

(d) Remove any vehicle abandoned or left remaining on any highway, street and any open space and to dispose same after 30 days from the date of remove and after making a public announcement

(e) Impound any vehicle improperly parked along any highway, street or open space at the expense of the owner

(f) Apprehend any person selling goods or other articles of trade in unauthorized places, seize such goods or articles of trade and dispose of them by sale to the public and the proceed paid into government coffers.

(g) Impound and take custody of any stray animal and shall, after making public announcement of intention to dispose of any of such animals which remain unclaimed by its owner after 30 days of the impoundment, dispose of same and the proceed paid into the government coffers.

(h) Apprehend and arrest any person or group of persons found in any of the prohibited areas and shall seize any articles or signs being used for that purpose and a person so apprehended or arrested shall be prosecuted in accordance with the provisions of this law.

Repeal.

Any law (s), Edict (s) which have the same force and effect with this Law are hereby repealed.

Interpretation.

In this Law unless the context otherwise provides: –

“Authority” means any Local Government in Nasarawa State or the Ministry of Environment or Ministry of Urban Development or any of their agencies and any other Government Agency.

“Bus” means a stage carrier as defined by the Road Traffic Law Cap.118 Laws of Northern Nigeria.

“Court” means magistrate court

“Domestic animals” includes cattle, horses, donkeys, mules, camels, sheep, goats, pigs and dogs.

“Highway” includes any roadway to when the public have the access.

“Health officer” means an officer engaged in sanitary work in the service of the Authority.

“Impound” means to take or to confine in a Police Station or the V.I.O s‟ Office.

“Nuisance” includes not complying or not properly complying with the provisions of this law in relation to the sanitary condition of a tenement.

“Occupier” includes a tenant, a resident or a user of any tenement.

“owner” includes a landlord and also any person entitled to the immediate reversion of the tenement and includes attorney, an agent, or any person receiving any rent from any person for the occupation of any accommodation in respect of which he claims a right to receive the same (whether in his own right or as an attorney or agent).

“Person” includes anybody or person, corporate or unincorporated.

“Premises” means and includes building, land, hereditaments, tents, structures of any kind, drains, ditches or places open or covered or enclosed.

“Proceedings” includes any action or any proceedings commenced in court by the rules of court.

“Refuse” means any domestic, urban or trade solid waste not disposed of by water as carrying medium, and includes building materials deposited on the part of a drain.

“State” means Nasarawa State of Nigeria.

“Streets” includes any road, junction and road intersection.

“Taxi” Means hackney carriage as defined by the Road Traffic Law Cap. 118 Laws of Northern Nigeria.

“Task Force” refers to Task Force on Environmental Law appointed by the Governor.

“Tenement” includes a shop, market stall, factory, any commercial or industrial or residential or club, premises, hotel, guest house, kiosk.

“Vehicle/Motorcycle” means any mechanically or manually propelled machine, plant and equipment used for conveying goods, persons from one point to the other whether it be used for private or commercial purpose.

“Way” includes any road way to which the public have access.

FORM 1

THE ENVIRONMENTAL LAW, 2004

APPLICATION FOR AN ORDER TO ENTER UPON TENEMENT

To:

…………………………………………….Court

I………………………………………………………………….Health Officer

of ……………………………………………………………………………

Hereby apply for an order to enter upon/forcibly enter upon

…………………………………………………………………………………..

(here describe the tenement )

Situate at ……………………………………………………………… for the

purpose of inspecting same pursuant to the provisions of the Environment Law, 2004.

Dated This ……………………………… day of …………………… 200………..

……………………………

(Name and Designation)

FORM 2

THE ENVIRONMENTAL LAW, 2004

AN ORDER TO ENTER UPON TENEMENT

Upon application

By ……………………………………… of …………………………………………. ……………………………………………………dated the…………………… Day…………. …………………. Of …………………………………. 200………………….. I Hereby authorized you to entered upon the tenement situated at

………………………………………………………………… (Describe the tenement)

For the purpose of inspecting same pursuant to the provisions of the Environmental Law, 2004.

Given under my hand ……………………………………………………. Court this

…………………………………………… day of …………………………200……………

…………………………….

Magistrate/Judge

SECOND SCHEDULE

IN THE MAGISTRATE COURT OF NASARAWA STATE

HOLDEN AT ………………………………

Case No:…………………

BETWEEN: –

THE AUTHORITY ………………………………………………Complainant

And

…………………………………………………………………………..Defendant

To…………………………………………….. of ……………………………

complainant has been made this day by …………………………………..that

you on the …………………………………day of ……………200 ………At

………………….in the Court aforesaid, did all or any of these things, namely:

(i) Failed to clear and keep free from the streets at the front/back or either sides of your tenement the drains/gutter, channels, and on such streets of all filth, rubbish and refuse, e.t.c.

(ii) Failed to provided a covered dustbin for your tenement for deposition refuse of any description

(iii) Threw or laid on the street, gutter, channel, tenement or open space rubbish, offensive or unwholesome matter

(iv) ………………………………………………………………

……………………………………………………………….

(v) ……………………………………………………………….

……………………………………………………………….

And you thereby committed an offence contrary to section………….of the Nasarawa State Environmental Law, 2004.

You are therefore hereby summoned to appear before the court sitting at

…………………….on the……………………………………..day of

……………200 ……at the hour of 9 O‟clock in the forenoon to answer

the said complaint.

……………………………

Magistrate/Judge

This printed impression has been carefully compared by me with the Bill, which has been passed by the Nasarawa State House of Assembly and is found by me to be true and correct copy of the Bill.

MOSES A. ONDAKI

Clerk of the House

Nasarawa State House of Assembly

I ASSENTED THIS 25TH DAY OF AUGUST, 2004

ALHAJI ABDULLAHI ADAMU

Executive Governor

Nasarawa State of Nigeria

Find other laws of Nasarawa State, Nigeria HERE