KADUNA STATE ENVIRONMENTAL PROTECTION AUTHORITY (SUBSTITUTION) LAW 2009

LAWS OF KADUNA STATE

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Attorney-General

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KADUNA STATE ENVIRONMENTAL PROTECTION AUTHORITY (SUBSTITUTION) LAW 2009

LAWS OF KADUNA STATE OF NIGERIA

 

 

ARRANGEMENT OF SECTIONS

1. [Citation]
2. [Commencement]
3. [Interpretation]
4. [Objectives]
5. [Establishment]
6. [Functions]
7. [Control of erosion]
8. [Responsibility over environment and general duty]
9. [Governing Council and its composition]
10. [Responsibility of Governing Council]
11. [Principal Officers of the authority]
12. [Appointment of General Manager and Chief Executive of the Authority]
13. [Other Staff of the Authority]
14. [Conditions of service]
15. [State Committee on the Environment]
16. Function of State Committee on environment]
17. [Duty of owner, caretaker or occupier of any tenement]
18. [Duty of owner of undeveloped plot in a built-up area]
19. [Offences]
20. [Nuisance and Noise]
21. [Nuisance and Noise]
22. [Discharge and disposal of waste]
23. [Septic tanks and sewer lines]
24. [Excavation or removal of silt]
25. [Drivers and owners of commercial vehicle]
26. [Duties of owners of tenement, petrol stations, supermarkets, cinema houses, restaurants, etc.
27. [Duties on manufacturers]
28. [Prohibitions and Offences]
29. [Prohibition of water pollution]
30. [Prohibition of removal, destroying and tampering with property of the Authority]
31. [General Environmental Offences]
32. [Prohibition of setting of fire]
33. [Offence by officer of an incorporated body
34. [Criminal Liability]
35. [More offences]
36. [Power of a member of staff of authority or any authorised person]
37. [Misrepresentation of officer or authority]
38. [Liability of a member or staff of the Authority]
39. [Enforcement of law by officers without warrant]
40. [Permissible acts of authorised officer without warrant]
41. [Offences by a person or body corporate]
42. [Duty of officer not in uniform to produce identification or written authority]
43. [Limitation of suit against Authority]
44. [Payment of awards against Authority]
45. [Indemnification of every member of authority againt liability incurred in defence of any proceedings]
46. [Offence relating to false statement in purported compliance with a requirement to furnish information]
47. [Penalty for contravention of Law or Regulations thereunder]
48. [Offence by body corporate, member of a partnership, firm, business, etc]
49. [Fund of the Authority]
50. [Application of funds of the Authority]
51. [Books of accounts and financial records]
52. [Auditing of Annual Statement]
53. [Service of notice, order, summons, etc]
54. [Court with jurisdiction over matters under the Law]
55. [Application of the Criminal Procedure Code]
56. [Application of the Public Officers Protection Act]
57. [Service of notice, summons, etc on Authority]
58. [Execution or satisfaction of judgment against the Authority]
59. [Indemnification of officer of the Authority]
60. [Power of Governor to give directive]
61. [Power to prescribe standards]
62. [Government to make regulation]

 

 

KADUNA STATE ENVIRONMENTAL PROTECTION AUTHORITY (SUBSTITUTION) LAW, 2009

A BILL FOR A LAW TO SUBSTITUTE THE KADUNA STATE ENVIRONMENTAL PROTECTION AUTHORITY EDICT NO.1 OF 1998

 

PART 1 -PRELIMINARY

The Kaduna State House of Assembly hereby enacts the following Law: –

[Citation]

1        This Law may be cited as the Kaduna State Environmental Protection Authority (Substitution) Law 2009.

 

[Commencement]

2. This Law shall come into operation on ……….. day of……..………., 2009.

 

[Interpretation]

3. In this Law unless the context otherwise requires: –

“Authority” means Kaduna State Environmental Protection Authority as established under section 5 of this Law

“Authorized Officer” means any employee of the Authority, any police Officer not below the rank of an Inspector, or any person appointed by the Authority;

“Chairman” means Chairman of the Governing Council of Authority as appointed under section 9 of this Law

“Contaminant” means any solid, liquid or gaseous material that adversely affects any components of the environment;

“Court” means any Court constituted under Section 54 of this Law.

“Disposal” means the deposition of any waste material unto any component of the environment;

“Environment” includes water, air, land, plants human beings, animals and the entire ecosystem;

“Environmental Standard” includes water quality, air quality and atmospheric protection, noise, and hazardous substances and situations;

“Fees” means any sums payable to the Authority for licenses, permits, approvals and any other payment for services as the authority may charge;

“Financial Year” means a year beginning on the 1st day of January, and ending on the 31^st Day of December, of each year;

“General Manager” means the General Manager of Kaduna State Environment Protection Authority as appointed under Section 11 of this Law;

“Governing Council” means governing Council of the Authority under Section 6 of this Law

“Land fill” means a facility for environmentally safe disposal of solid waste which meets the criteria prescribed by the Authority

“Members” means Members of the Governing Council of the Authority constituted under Section 9 of this Law;

“Mobile Court” means a Court or Tribunal established by the Chief Judge of the State under Section 54 for the trial of environmental offences;

“Non-point” means non discrete or ill-defined source of pollutant;

“Property” includes anything in action, agriculture, residential, commercial or industrial lands, building sites, building and appurtenances, any interest in real or personal property. Building or estate or interest in funds, loans, accounts receivable, investment, lien, charge, and claims land rights;

“Regulations” means any regulation or guidelines the Governing Council of the Authority is empowered to make under this Law;

“Secretary/Legal adviser” means the Secretary/Legal adviser of the Authority appointed under section 11 of this Law. “Solid Waste” means any waste material other than gaseous, liquid or semi-liquid;

“State” means Kaduna State of Nigeria;

“State Committee on Environment” means the committee established under Section 15 of this Law;

“Technical sub-committee” means the sub-committee as established under section 16 of the Law;

“Waste” means any waste that is harmful or injurious;

“Unauthorized Place” means a place not approved or permitted by Law to carry out an activity, service or business of any kind.

 

PART II OBJECTIVES OF THE AUTHORITY

[Objectives]

4. The Authority shall endeavor to achieve a sustainable development in the state and shall
5. Secure the quality of environment adequate for the health and well being of the residents of the state.
6. Conserve and use the environment and its natural resources for the benefit of the state.
7. Minimize the impact of the physical development on the ecosystems of the state.
8. Raise public awareness and promote understanding of essential linkages between the environment and development within the state; and
9. Co-operate with the federal environmental protection agency and other States Environmental Protection Agencies to achieve effective prevention of abatement of trans- boundary movement of waste.

 

PART III ESTABLISHMENT OF THE AUTHORITY

[Establishment]

5. (1) There is hereby established in the state an Environmental Protection Authority (hereinafter referred to as “the Authority”

(2)     The Authority shall be a body corporate with perpetual succession and can sue and be sued in its corporate name.

(3)     The authority shall acquire and dispose of movable and immovable property. (4) The Authority shall have a common seal.

(5)     The common seal of the Authority shall be authenticated by the signature of the General Manager of the Authority or some other members thereof authorized by the Authority to act on that behalf and the signature of the secretary of the Authority.

 

PART IV FUNCTIONS OF THE AUTHORITY

[Functions]

6. (1) The functions of the Authority shall cover but not limited to The control or removal and disposal of liquid wastes:
7. The control and disposal of solid waste;
8. The control of: –
9. Vector pests, rodents and reptiles,
10. Portable and waste water-effluent discharges;

iii.      Noise which constitutes a nuisance;

1. The use of septic tanks and sewage maintenance;
2. Bush burning, poaching and indiscriminate felling of trees;
3. Stray and wandering animals;

vii.     Public conveniences and cemeteries;

viii.    The use of residential areas for prohibited purposes;

1. Walking or driving on prohibited area; and
2. Doing such other things as are necessary or expedient for the purpose of enhancing a healthy environmental within the state.

 

[Control of erosion]

7. The Authority shall liaise with relevant departments and such other Government agencies for the control of burrow pits and quarry sites within the state and direct construction companies or individual and ensure that such places are replanted to avoid soil erosion.

 

[Responsibility over environment and general duty]

8. (1) The authority shall subject to this Law have the general responsibility for all matters relating to the environment and without prejudice to the generality of the foregoing it shall be the duty of the Authority to;

(a).    Enact and enforce State regulations, procedures, guidelines and environmental standards for effective prevention, remediation, control and monitoring of point and non-point source of pollution and degradation;

(b).    Implement, and review environmental policy in the State and in particular to demand and review environmental impact assessment and Statements for new development projects and to also demand and review environmental audit reports for existing developments and such other operations which are deemed to have significant impact on the environment;

(c).    Prepare in accordance with the State Policy and Law on the environment periodic master plans for the development and the financial requirements for implementation of such plans;

(d).    Prevent or stop any act or omission which consequences are likely to adversely affect the environment and to generally deal with any discharge either solid, liquid or gaseous materials deposited willfully or otherwise in the environment and to deal generally with any violation which the Authority may deem hazardous to the environment and the ecosystem:

(2)     The Authority shall in particular:

(i).     Monitor the whole parts of the State for any of such discharge;

(ii).    Cause the Responsible Parties to stop or remove such discharge;

(iii).   Remove or cause to be removed such discharges at the expense of the defaulting party; (iv). Cause penalty to be paid in accordance with appropriate regulations;

(v).    Reinstate, rehabilitate or cause the affected environment to be restored to its original state at the expense of the responsible party or parties;

(vi).   Approve landscaping and drainage plans on new developments.

(vii). Grant final approval for all manner of mining activities in the state;

(e).    Monitor environmental quality, conduct programmes for continuing surveillance and of regular periodic inspection of actual or potential contaminants of point and non-point sources— of environmental pollution in accordance with the laid down regulations as the authority may deem fit.

(f).     To liaise with Federal, State, Local Governments, and other public and private Authorities, agencies and institutions engaged in environmental planning and functions.

(g).    Research, collect, collate information and research findings in various environmental disciplines.

(h).    develop libraries and archives, and to establish and maintain a database on environment.

(i).     Stimulate public interest on environment by dissemination of information, organizing of lectures, seminars and workshop for public awareness campaign and generally encourage environmental education programmes in schools, mass media and other formal and in-formal sectors.

(j).     Where feasible, conduct training programmes for industrial, commercial and public institutions and or recruit or train environmental extension workers and staff of the authority for the purpose of effective mobilization of the public towards environmental education and awareness;

(k).    Issue permits, licenses, approvals and to issue certification and operation procedures as may be provided under any regulation or Law and to charge fees, levies for the issuance of such permits, license, approval and certifications as the authority may from time to time prescribe;

(l).     Establish and maintain close liaison and linkages with major research and scientific institutions, professional associations, experts and consultants as well as Government and non-government organizations in the field of environment.

(m).   Investigate and ascertain all violation of this Law and, or relevant rules and regulations under this Law and prosecute or cause to be prosecuted such violators.

(n).    Demand to have access to any public or private property or premises at all reasonable time enter upon for the purpose of inspecting and investigating for ascertaining any violations or potential violations.

(o).    Establish zonal offices in the state and constitute joint consultative committee with the Federal and Local governments, for the purpose of operating, administering and enforcing the provisions of the law and regulations and /or any enactment relating to environment generally.

(p).    Without prejudice to the provision of any existing law relating to refuse disposal the authority shall establish operational mechanisms for refuse collection, transportation and disposal in corporation with the local governments of the State;

(q).    Subject to the approval of the Governor, the Authority may borrow money, whether by way of mortgage or otherwise for the execution and discharge of its functions;

(r).     The authority may accept gift of land, money, books or other property upon such terms and conditions as may be specified by the person making the gift, provided it shall not be lawful for the authority to accept any gift if the condition attached thereto by the person making the gift are inconsistent with the functions of the authority under the Law or contrary to any law or regulations for the time being in force.

(s).    Subject to existing regulations and other legislation, honour, adopt and execute all existing bilateral and multilateral agreements, memoranda of understanding, cultural obligations, including executing projects and programmes with foreign countries non-governmental organizations and individuals;

(t).     The authority shall have the power to delegate some of or any of its functions to anybody or organization on such terms and conditions as it may determine;

 

PART V GOVERNING COUNCIL

[Council and its composition]

9. (1). There shall be as the Government body of the authority, a Council which shall consist of the Secretary to the State Government as Chairman and other members as follows:
10. Permanent Secretary Ministry of Agriculture
11. Permanent Secretary Ministry of works and transport;
12. Permanent Secretary Ministry of Health and social development; d. Permanent Secretary Ministry of Commerce and Industry;
13. Permanent Secretary Ministry of Land, Survey and Country Planning; f. Permanent Secretary /Solicitor General Ministry of Justice g. General Manager, KASUPDA;
14. Permanent Secretary, Ministry of Women Affairs and Social Development;
15. Two other members from the private sector who have distinguished themselves in environmental matters;
16. The General Manager of the Authority;

(i).     Representative of Ministry of Water Resources;

(ii).    The Secretary/ Legal Adviser who shall serve as the Secretary of the Governing Council.

 

[Responsibility of Governing Council]

10. (1). The Governing Council shall: –

(a)     be responsible for formulation of policy and shall advise the Executive Governor on all policy matters.

(b)     Delegate all or any of its powers to any committee of the council, the General Manager or any person or body as it deems fit.

(c)     Advise the Executive Governor on the appointment of the state committee on environment and technical sub-committees. Make rules and regulations for the purpose of exercising any of its respective functions or regulating its own proceedings

 

PART VI PRINCIPAL OFFICERS OF THE AUTHORITY

[Principal Officers of the authority]

11. The principal officer of the authority shall be: –
12. The General manager who shall be the Chief Executive of the authority;
13. The Director of laboratory services and environmental technology;
14. The Director of planning, research and statistics;
15. Director monitoring, enforcement and compliance; e. Director of finance and supply
16. Director of personnel management;
17. Company secretary/legal adviser;
18. The Chief internal auditor.

 

[Appointment of General Manager and Chief Executive of the Authority]

12. (1). The Executive Governor may upon such terms and conditions as he may deem fit approve/appoint a person to be the general manager and chief executive of the authority;

(2).    the General manager shall be responsible for the day to day execution of policy and the general management of the business of the authority and shall carry out such other functions as may be directed by the governing council from time-to-time.

 

PART VII APPOINTMENT OF OTHER STAFF

[Other Staff of the Authority]

13. (1) The Senior Staff on grade level 07 to 12 shall be appointed and promoted by the senior staff appointment and promotion committee, while the appointment and promotion of staff on grade level 13 and above shall be subject to approval of the Governor on the recommendation of the governing council.

(2).    The power to appoint staff on grade level 01 – 06 shall vest in the general manager, but this function may be exercised on his behalf by the director of personnel of the authority to be assisted by a committee provided that all such appointments shall reflect the appropriate geographical sprayed of the state.

(3).    The authority in accordance with its needs may recruit and accept transfer of technical and professional staff from any arm of the public and private sector so long as such services may meet the authority’s professional criteria for the services for which they are engaged or transferred.

 

[Conditions of service]

14. Subject to the provisions of this Law, the conditions of service of staff of the authority including rate of remuneration, scale of salaries, contract appointments and other conditions of service shall be determined by the authority in accordance with government guidelines.

 

[State Committee on the Environment]

15. (1) There shall be established by the authority A STATE COMMITTEE ON ENVIRONMENT which shall consist of a chairman who shall be the general manager of the authority and following as members:-

(a).    All Local Government Council Chairmen;

(b).    Representative of Manufacturers Association of Nigeria (MAN).

(c).    Representative of National Association of Chamber of Commerce, Industries, Mines and Agriculture

(d).    Representative of an Ngo relevant to Environmental Matters.

(g).    four eminent scientists to be appointed by the Executive Governor

(h).    A Secretary to the Committee who shall be a staff of the authority

(2).    The State Committee on environment shall have the following functions: –

1. assist and advise the governing council on the policy formulation and implementation;
2. assist and advise the authority on the technical environmental matters;
3. to hold consultation with the management of the authority for the purpose of compiling and submission to the governing council for onward transmission to the executive governor annual report on the state of the environment which shall reach the executive governor not later than 31st day of December of each year;

 

Function of State Committee on environment]

16.(1) The state committee on environment shall set up a technical sub-committee or such technical sub-committees as may be desirable to deal with, advise and report on any technical or scientific matter referred to it by the State Committee on Environment.

 

PART VIII OFFENCES

[Duty of owner, caretaker or occupier of any tenement]

17. (1) The owner, caretaker or occupier of any tenement within the state shall: –
18. Keep clean, neat and free from odour such tenement and the surroundings thereto;
19. Cut overgrown grasses and trim flowers and hedges and keep them neat within the surroundings of the tenement;
20. Keep his tenement and surrounding thereto free from weeds and poisonous plants;
21. Ensure that drainages are provided at the frontage of every development;

(2)     Any person(s) who contravenes any of the provisions of this section is guilty of an offence and liable on conviction to a fine of not less than N2,000.00 or imprisonment for a term of one month or both;

(3)     Where the tenement is a government building, the court may recommend the ejection of the occupier who has been convicted of any offence under this section on the three consecutive occasions;

(4)     If any child contravenes any of the provisions of this section, the parent, guardian or such persons charged with the custody of the child shall be held liable for the offence and dealt with accordingly;

 

[Duty of owner of undeveloped plot in a built-up area]

18. The owner of any undeveloped plot in a build-up area who fails to keep it clean and tidy or free from overgrown grasses is guilty of an offence and liable on conviction: –
19. To a fine of not less than N2,000; and
20. To the cost of clearing the overgrown grass by the authority.

 

[Prohibitions]

19. (1) No person shall: –
20. Grow, in his garden or such surrounding area, crops other than vegetables in any built up area; or
21. Cause or allow within a built up area, the rearing of animals or bird i.e. (cattle, poultry).
22. Any person who contravenes the provisions of subsection (1) of this section is guilty of an offence and liable on conviction to a fine of not less than N2,000 or imprisonment for a term of one month.

 

[Offences]

20: (1) Any person who: – Rears or keeps animals or birds likely to cause environmental nuisance keeping of

1. such as offensive odour or noise or neglects or fails to confine animals the animals or birds in his premises; or
2. Uses firewood to cook openly within his premises which may constitute a nuisance within the surroundings of his premises; or
3. Uses or causes to be used an unauthorized place: –
4. for the sale of alcoholic drinks.
5. as a restaurant;

iii.      as a hair dressing or barbing salon;

1. for such other commercial activities Is guilty of an offence and liable on conviction or a fine of not less than N5000 or imprisonment for a term of three months or to both such fine and imprisonment.

 

[Nuisance and Noise]

21. (1) Any person who: –
22. Operates any machine that causes nuisance; or
23. Plays music in a manner which constitutes a nuisance to his neighbours; or
24. Makes noise through the use of external bell, or loudspeakers in any premises which constitutes a nuisance; or
25. Produces smoke or noise to a level dangerous to human health. Is guilty of an offence and liable on conviction to a fine of not less than N2,000 or imprisonment for a term of three months or to both such fine and imprisonment.

 

[Discharge and disposal of waste]

22: (1) The discharge and disposal of waste within the state shall be at areas designated for such purpose by the Authority.

(2)     Any person who contravenes the provisions of subsection (1) of this section is guilty of an offence and liable on conviction to such penalties as are prescribed in the harmful waste (Special Criminal Provisions) Law 1998.

 

[Septic tanks and sewer lines]

23: (1) septic tanks and sewer lines shall be located only in authorized areas within the state.

(2). `Burials shall be at designated areas in settlements within the state.

(3)     Incinerators shall be constructed or used only with the written approval of the authority. 4. Any person who contravenes any of the provisions of subsection (1), (2) or (3) of this section, is guilty of an offence and liable on conviction to a fine of not less than N5000 or imprisonment for a term of three months or to both such fine and imprisonment.

 

[Excavation or removal of silt]

24. (1) Any person who excavates or removes any silt, earth or material in the process of either constructing or repairing any drain and other similar works, within the state shall be required to carry away such silt, earth or other material to an approved designated dumpsite of the authority.

(2)     All construction debris, or waste shall be properly disposed of at places designated by the authority for such purposes.

(3)     No person shall excavate laterite, sand or operate a quarry on the site in the state without the written approval from the appropriate government department and authority.

(4)     A vehicle carrying laterite, silt sand or construction materials shall be required to be covered to avoid littering of roads or other public highways and endangering the lives of other road users.

(5)     Any persons who contravenes the provisions of subsection (1), (2), (3), or (4) of this section is guilty of an offence liable on conviction to a fine of not less than N5,000 or imprisonment for a term of six months or to both such fine and imprisonment.

 

[Duties of drivers and owners of commercial vehicle]

25: (1) the driver or owner of a commercial vehicle within the state shall provide a dustbin in the vehicle for use by commuters.

(2)     Any form of littering from a moving vehicle constitutes an offence under this Law and the driver of such vehicle is liable on conviction to the penalties specified in subsection (3) of this section.

(3)     Any person who contravenes any of the provisions of subsection (1) or (2) of this section is guilty of an offence and liable on conviction of a fine of N1,000 or imprisonment for a term of three months

 

[Duties of owners of tenement, petrol stations, supermarkets, cinema houses, restaurants, etc.

26: (1) All owners of tenement, petrol stations, supermarkets, cinema houses, restaurants and other similar premises within the state, shall provide and maintain public conveniences for the customers.

(2)     Any person who contravenes the provisions of subsection (1) of this section is guilty of an offence and liable on conviction to a fine of N5,000 or imprisonment for a term of one month or both such fine and imprisonment.

(3)     Where the default subsists, the offender shall be liable to an additional fine of N1000 for every day the offence subsists.

 

[Duties on manufacturers]

27. (1) Any person who, within the state carries on a manufacturing operation or business in any premises shall cause the wastes generated from the premises to be treated in accordance with national guidelines standard as may be approved by the State regulation.

(2)     No person shall discharge or cause to be discharged raw and untreated human waste into any drain, water course, gorge, storm water, drainage or into any land or water.

(3)     Any person who generates liquid waste shall be required to provide suitable holding tanks from which the waste shall be carried for disposal.

(4)     Any person who dumps domestic, construction, commercial, industrial or hazardous waste in an unauthorized area or site is guilty of an offence under this Law.

(5)     Any person who stores or allows to be stored in his tenement industrial or commercial waste or goods which is likely to cause a health hazard is guilty of an offence under this Law.

(6)     Any person who contravenes any of the provisions of this section is guilty of an offence and liable on conviction to a fine of not less than N1000 or imprisonment for a term of six months or to both such fine and imprisonments.

 

[Prohibitions]

28 (1) No person shall: –

1. Cause or allow the discharge or emission of any contaminant into the environment in any part of the state, which is likely to cause or tend to cause air pollution, or is in breach of standard specified by the Kaduna State Environmental Authority.
2. Construct, install, or operates any equipment, facility, vehicle, vessel or aircraft capable of causing or contributing to air pollution; or
3. Burn or cause to be burnt tyres, cables, waste or refuse of any kind within the state without obtaining a written permit from the authority.
4. Sell, offer for sale or use any fuel or inflammable article in any unauthorized area.

[Offences]

(2)     Any person who contravenes any of the provisions of subsection (1) of this section is guilty of an offence and liable on conviction to a fine of not less than N5,000 or imprisonment for a term of six months or to both such fine and imprisonments.

 

[Prohibition of water pollution]

29: (1) No person shall: –

1. Use Gamalin 20 or any herbicides or chemicals for any purpose in rivers, lakes, streams and other water body within the state without the prior written approval of the authority.
2. Deposit any contaminant upon the land in any place or manner as to create a water pollution hazard; or contaminant into the water course; or
3. Construct or install any sewer, or sewage treatment facility or any outlet in a manner which is capable of causing water pollution; or
4. By any act or omission do or omit to do anything capable of affecting the quality of water from any of its sources.

(2)     Any person who contravenes any of the provisions of subsection (1) of this section is guilty of an offence and liable on conviction to a fine of not less than N5000 or imprisonment for a term of six months or to both such fine and imprisonment.

 

[Prohibition of removal, destroying and tampering with property of the Authority]

30: – (1)      No person shall remove, destroy or tamper with any property of the authority including the waste management dustbin.

(2)     The owner or occupier of a tenement shall: –

1. Keep the dustbin supplied to his tenement by the authority in good condition.
2. Pay such amount as may be prescribed, from time to time, by the authority for the dustbin; and
3. Replace the dustbin when destroyed.

(3)     No person shall burn or cause to be burnt the content of any dustbin or any other receptacle containing any refuse.

(4)     The owner or occupier of any tenement shall pay his waste disposal fees as when due to the authority.

(5)     Any person who contravenes the provisions of subsection (1), (2), (3) or (4) of this section is guilty of an offence and liable on conviction to a fine of not less than N1000 or imprisonment for a term of three months in addition to the payment of any amount which has become due and payable under this Law or any regulations made there under.

 

[General Environmental Offences]

31. (1) any person who: –
32. Drives or parks on any drainages slab, walkway or landscaped areas; or
33. Walk across parks, gardens, lawn, flower beds, or any landscaped area; or
34. Grazes in a nursery sites, or
35. Urinates or defecates in an unauthorized or open place; or
36. Destroys flowers and ornamental plant; or
37. Uses a walkway or drainage slab as drying pad for agricultural produce or any such article; or
38. Exhibits any light for advertisement, security purpose or any other purpose which is capable of constituting a sight hazard to traffic or other pedestrians; or
39. Litters any streets, open space or tenement any rubbish, or any offences or unwholesome matter;
40. Keeps, deposits or leaves on any streets, highway or public way any vehicle whether serviceable or broken down, sand, stone, gravels, laterite, timber or any other thing in any manner capable of obstruction the flow of traffic or causing the easy flow of water on to the highway or street or side thereof or capable of hindering, or affecting the use by members of the public of such street, highway or public way,

is guilty of an offence under this Law.

(2)     Any person who contravenes the provisions of subsection (1) of this section is liable on conviction: –

1. In the case of paragraphs (a) – (h), to a fine of not less than N2000 or imprisonment for a term of nine months; and
2. In the case of paragraph (i), to a fine of not less than N1,000 or imprisonment for a term of three months.

 

[Prohibition of setting of fire]

32. (1) Any Person who: –

Sets fire to the bush other than on his farm for purposes of farming; or

1. Poaches, hunts or cuts trees within the state without lawful authority; or
2. Farms, fishes or lives within the forest or wild life reserves without lawful authority. Is guilty of an offence under this Law.

(2)     Any person who contravenes any of the provisions of subsection (1) of this section is liable on conviction to a fine of N5,000 or imprisonment for a term of six months or to both such fine and imprisonment.

 

[Offence by officer of an incorporated body

33. Where an offence under this Law which has been committed on the instigation or with the connivance of or to be attributable to any neglect on the part of a director, manager, secretary, head of branch or project manager or other similar officer of the corporate body or any person purporting to act in any such capacity, he, as well as the corporate body where practicable, shall be deemed to be guilty of that offence and liable to be proceeded against and punished in accordance with section 48 of this Law.

 

[Criminal Liability]

34. (1)Any person who engages, instigates, aids, facilitates or conspires with another to do a thing or act in any way prohibited under any of the provisions of this Law shall be deemed to have committed the same offence and liable to be dealt with accordingly.

 

[More offences]

35. (1) Any persons who –
36. Disposes or dumps any refuse or domestic waste in any place or than in a designated place for dumping such refuse; or
37. Dispose or deposits in an open drain anything capable of obstructing a free and uninterrupted flow of domestic effluent.
38. Posts bills in any place other than on bill boards or in any manner which may hamper the beauty of the environment; or
39. Sells or displays or offers or hawk for sale any goods or article of trade in a road junction, or any other unauthorized place; or
40. Erect or constructs any house, shed, kiosk or any other structure in an unauthorized place or in contravention of any plan or designs prescribed by the appropriate authority; or
41. Fails, neglects or refuses to participate in any sanitation exercise lawfully authorized by the authority.
42. Fails to keep to the restriction of movement on sanitation days within the hours specified to the exception of persons on essentials service; or
43. Carries out any activity or anything which, in the opinion of the authority amounts to degradation of the environment; or
44. Carries on the business of waste collection or disposal without accreditation or the authority of a license issued by the authority,

is guilty of an offence under this Law.

(2)     Any person who contravenes any of the provision of subsection (1) of this section is liable on conviction –

1. In case of paragraph (a), (b) or (c), to a fine of not less than N5,000 or imprisonment for a term of six months; and
2. In the case of paragraph (d), (e), (f), (g), (h), or (i), to a fine of N5,000 or imprisonment for a term of six months or to both such fine and imprisonment.

(3)    For every contravention of the provision of this section and for every omission to do anything required to be done by or under this Law for which no other penalty is provided, the offender shall be liable to a fine of N1,000.

 

[Power of a member of staff of authority or any authorised person]

36: (1) A member of staff of the authority or any person authorized by the authority to carry out any of its functions under this Law shall have power to –

1. Enter into any premises between the hours of six in the forenoon and seven in the evening for the purpose of inspection, issuing of notices, arresting an offender, seizing of any goods, items or vehicles, confiscating, auctioning, destroying any nuisance; and
2. Do anything necessary or expedient in his opinion to give effect to the provision of this Law
3. Any person who insults, assaults or manhandles any member of staff of the authority in the course of his duties, or obstructs, misleads or does anything likely to obstruct such member of staff or person from carrying to effect any of the provision of this Law is guilty of an offence and liable on conviction to a fine of N5,000 or imprisonment for a term of six months or to both such fine and imprisonment.

 

[Misrepresentation of officer or authority]

37. Any person who, not being lawfully authorized to carry out any function under this Law by the authority who misrepresents himself as having been authorized to enforce any part of this Law is guilty of an offence and liable on conviction to a fine of N5,000 or imprisonment for a term of six months or to both such fine and imprisonment.

 

[Liability of a member or staff of the Authority]

38. A member of staff of the authority shall not be held liable for any act or thing done by him in lawful execution of his functions under this Law.

 

[Enforcement of law by officers without warrant]

39. For the purposes of enforcing this Law, any authorized officers may, without a warrant: –
40. Require to be produced and examined copies of any license permit, certificate or other documents required under this Law or any regulations made there under;
41. Require to be produced and examined any appliance, device or other item used in relation to breach of environmental protection.

 

[Permissible acts of authorised officer without warrant]

40. (1). Any authorized officers, where he has reasonable ground for believing that an offence has been committed under this Law or any regulations made there under, may without a warrant: –
41. Enter and search any land, building, vehicle, tent, vessel, floating craft or any inland water or other structure whatsoever;
42. Perform tests and take samples from any substance relating to the offence which are found on the land, building, vehicle, tent, vessel, floating craft of any inland water or, other structure whosesoever, searched pursuant to paragraph (a) of this subsection;
43. Arrest or cause to be arrested any person whom he has reasons to believe has committed such offence; and
44. Seize any item or substance which he has reasons to believe has been used in the commission of such offence.

(2).    A written receipt shall be given for any article or material seized under the above subsection (and the grounds for such seizure shall be stated on such receipt.

 

[Offences by a person or body corporate]

41. Any person or body/corporate who: –
42. Willfully obstructs any authorized officer from performing his duties under the Law or any regulation made there under;
43. Fails to comply with any lawful inquiry or requirements made by the authorized officer in accordance with the provisions of this Law,

commits an offence and shall on conviction be liable to a fine of N1,000 or imprisonment for a term of one month or both.

 

[Duty of officer not in uniform to produce identification or written authority]

42. (1). Any authorized officer, not in uniform acting under the provisions of this Law, shall, on demand, declare his office and produce to any person against whom he is taking action such identification or written authority as may be sufficient to show that he is an authorized officer for the purposes of this Law.

(2).    It shall not be an offence for any person to refuse to comply with any request, demand or order made by any authorized officer not in uniform, if such authorized officer refuse, on demand being made by such person, to declare his office or produce such identification or written authority.

 

[Limitation of suit against Authority]

43. No suit against the authority, any authorized officers or a members of the authority or any employee of the authority for any act done in pursuance or execution on any law, or of any public duties, or in respect of any alleged neglect or default in the execution of such law, duties or authority, shall lie or be instituted in any court unless it is commenced within twelve months following the act, neglect or default complained of or, in case of a continuance of damage or injury within twelve months following the ceasing thereof.

 

[Payment of awards against Authority]

44. In any action or suit against the authority no execution or attachment or process in the nature therefore shall be issued against the authority but any sums of money by way of judgment of the court awarded against the authority shall, subject to any directions given by the authority, be paid from the general reserved fund.

 

[Indemnification of every member of authority againt liability incurred in defence of any proceedings]

45. Every member of the authority, agent, auditor or employee shall be indemnified out of the assets of the authority against liability incurred by him in defending any proceeding whether civil or criminal, if any such proceeding is brought against him in his capacity as such member, agent, auditor or employee as aforesaid.

 

[Offence relating to false statement in purported compliance with a requirement to furnish information]

46. If a person knowingly or recklessly makes any statement in purported compliance with a requirement to furnish information which is false in a particular material, he commits an offence and shall on conviction be liable to a fine not exceeding N5,000 or imprisonment for a term not six months or both.

 

[Penalty for contravention of Law or Regulations thereunder]

47. Any person who contravenes any provisions of this Law or any regulations made thereunder commits an offence and shall on conviction, where no specific penalty is prescribed be liable to a fine not exceeding N5,000 or to imprisonment for a term not exceeding three months or both.

 

[Offence by body corporate, member of a partnership, firm, business, etc]

48. Where any offence under this Law or any regulations made there under has been committed by a body corporate or by a member of a partnership or other firm or business, every director or officer of that body corporate or any member of the partnership or other person concerned with the management or such firm or business shall, on conviction, be liable to a fine not exceeding N100,000 for such office and in addition shall be directed to pay compensation for any damage resulting for such breach thereof or to repair and restore the polluted environmental area to an acceptable level as approved by the authority unless he proves to the satisfaction of the court that: –
49. He used due diligence to secure compliance with this Law; and
50. Such offence was committed without his knowledge, consent or connivance.

 

PART IX FINANCIAL PROVISIONS

[Fund of the Authority]

49. (1) The authority shall establish and maintain a fund from which there shall be defrayed all expenditure incurred by the authority.

(2)     There shall be paid or credited to the fund: –

1. Such money as may be appropriated, from time to time to the authority by the Government of Kaduna state.
2. All money that may accrue to the authority by way of loans, endowment, grants or gifts;
3. Money raised in any appropriate manner for the purposes of the authority;
4. Interest accrued on money invested by the authority;
5. Such other funds or sums of money or property which in any manner becomes payable to or invested in respect of any matter primary or incidental to the functions of the authority.

 

[Application of funds of the Authority]

50. (1) The authority may from time to time apply the funds at its disposal for:-
51. the pursuance of all or any of its functions under the provisions of this Law;
52. the cost of its administrations;
53. the remuneration, honoraria of the governing council of the authority or any class of members in respect of their duties under the provisions of this Law;
54. the payment of salaries, allowances, gratuities or pensions of staff of the authority;
55. the payment of any taxes, duties or other charges payable by it under any enactment ;
56. any other purpose necessary or incidental to the carryout of its functions.

(2).    The authority may with the approval of the governing council from time to time make grants from funds that in the opinion of the authority, is likely to enhance the objectives of the authority.

 

[Books of accounts and financial records]

51. (1) The authority shall keep proper books of accounts and other financial records in respect of its functions.

(2).    The authority shall prepare annual statement of accounts for each financial year for consideration by the governing council.

 

[Auditing of Annual Statement]

52. The authority shall cause the annual statement of account referred to under section 51(2) of this Law to be audited not later than 3 months after the end of each financial year; by the Auditor-General of the State, or by any other person authorized by him.

 

PART X MISCELLANEOUS

[Service of notice, order, summons, etc]

53. (1) A notice, order, court summon or other document required to be served on the owner, occupier or caretaker of any premises shall have the address and description of the owner or occupier and shall be deemed to be sufficient notice if it is delivered on the premises or is affixed in some conspicuous part of the premises.

(2)     A notice shall constitute a notice in respect of a joinder of parties within the same premises if the notice is given to any person on the premise or is affixed in a conspicuous part of the premises.

 

[Court with jurisdiction over matters under the Law]

54. The magistrate court or such mobile courts as may be constituted by the Chief Judge of the State shall have jurisdiction over all matters specified under this Law.

 

[Application of the Criminal Procedure Code]

55. In a judicial proceeding for an offence under this Law or any regulation made under this Law the provisions of the Criminal Procedure Code shall with such modification as the circumstance may require apply in respect of such matter to the same extent as they apply to the trial of offence generally.

 

[Application of the Public Officers Protection Act]

56. – (1) subject to the provisions of this Law the provisions of the public Officers Protection Act shall apply in relation to the suit instituted against any officer or employee of the authority.

(2)     Notwithstanding anything contained in any other enactment, no suit shall lie against any member of the authority, the director or any other officer or employee of the authority for any act done in pursuance or execution of this Law in any court unless: –

1. It is commenced within three months next after the act, neglect or default complained of; or
2. In the case of a continuation of damage or injury, within six months next after the ceasing thereof.

(3)     No suit shall be commenced against a member of the authority, the director, officer or employee of the authority before the expiration of a period of one month after written notice of intention to commence the suit shall have been served upon the authority by the intending plaintiff or his agent.

(4)     The notice referred to in subsection (2) of this section shall clearly and explicitly state the cause of action, the particulars of the claims, the name and place of abode of the intending plaintiff and the relief which he claims.

 

[Service of notice, summons, etc on Authority]

57. A notice, summons or other document required to be served upon the authority under the provisions of this Law or any other enactment of law may be served by delivering it to the Director or the Secretary or by sending it by registered post and addressed to the Director at the principal office of the authority.

 

[Execution or satisfaction of judgment against the Authority]

58. (1) In any action or suit against the authority execution or attachment of process in the nature thereof shall be issued against the authority.

(2).    Any sums of money which may by the judgment of the court be awarded against the authority shall, subject to any direction given by court where no notice of appeal of the said judgment has been given, be paid from the general reserved fund of the authority.

 

[Indemnification of officer of the Authority]

59. (1) A member of the authority, director, any officer or employee of the authority shall be indemnified out of the asset of the authority against any liability incurred by him in defending any proceeding, 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 a member, director, officer or employee of the authority.

 

[Power of Governor to give directive]

60. (1) The [Governor] may, give to the authority directives of a general nature with respect to any of the functions of the authority and it shall be the duty of the authority to comply with such directives or cause them to be complied with.

 

[Power to prescribe standards]

61. Subject to the provisions of this Law, the Authority may with the approval of the executive governor, make regulations generally for the purpose of this Law and without prejudice to the generality of the foregoing, the authority may in particular prescribe standards for: –
62. Water quality;
63. Effluent limitations;
64. Air quality;
65. Atmospheric protection;
66. Ozone protection;
67. Noise control; and
68. Control of hazardous substances and removal control method.

 

[Government to make regulation]

62. (1) The government may make regulations generally for giving full effect to the provisions of this Law.

(2)     Subject to the provision of this Law, the authority may make standing orders for the purpose of regulating the proceedings at its meetings.

(3)     All contracts, actions, staff matters that were in existence before the commencement of this Law shall continue as if the Law was not substituted. 63. The Kaduna State Environmental Protection Agency Edict No 1 of 1998 is hereby repealed.

 

Made at Kaduna this ……… day of…………………………………… 2009 ……………….………………………………………………………

 

 

ARC. MOHAMMED NAMADI SAMBO EXECUTIVE GOVERNOR OF KADUNA STATE. EXPLANATORY NOTE (This note is not part of this Law and has no legal effect) The purpose of this Law is to substitute the Kaduna State Environmental Protection Agency Edict No 1 of 1998.

 

Find other laws of Kaduna State, Nigeria HERE

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