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25 Environmental Laws in Nigeria

25 Environmental Laws in Nigeria

Every community or Nation is bounded by Environmental laws to ensure the safety of the environment. there are many Environmental laws in Nigeria. This article contains 25 of these environmental laws.

Table of Contents

25 Environmental Laws in Nigeria

Below are 25 Environmental Laws in Nigeria;

  • NATIONAL OIL SPILL DETECTION AND RESPONSE AGENCY (ESTABLISHMENT) ACT, 2006
  • NIGERIAN MINERALS AND MINING ACT, 2007
  • NUCLEAR SAFETY AND RADIATION PROTECTION DECREE, 1995 (No. 19 of 1995)
  • OIL IN NAVIGABLE WATERS ACT, CAP 06, LFN 2004.
  • NATIONAL ENVIRONMENTAL STANDARDS REGULATIONS AND ENFORCEMENT AGENCY (ESTABLISHMENT) ACT 2007 (NESREA)
  • ENVIRONMENTAL IMPACT ASSESSMENT (EIA) ACT
  • THE NIGERIAN URBAN AND REGIONAL PLANNING ACT, CAP N138, LFN 2004
  • HARMFUL WASTE (SPECIAL CRIMINAL PROVISIONS) ACT, CAP H1, LFN 2004
  • THE ENDANGERED SPECIES (CONTROL OF INTERNATIONAL TRADE AND TRAFFIC) ACT, CAP E9, LFN 2004.
  • WATER RESOURCES ACT, CAP W2, LFN 2004.
  • THE FEDERAL NATIONAL PARKS ACT, CAP N65, LFN 2004.
  • LAND USE ACT, CAP 202, LFN 2004
  • HYDROCARBON OIL REFINERIES ACT, CAP H5, LFN 2004.
  • ASSOCIATED GAS RE-INJECTION ACT
  • SEA FISHERIES ACT, CAP S4, LFN 2004.
  • INLAND FISHERIES ACT, CAP I10, LFN 2004.
  • EXCLUSIVE ECONOMIC ZONE ACT, CAP E11, LFN 2004.
  • OIL PIPELINES ACT, CAP 07, LFN 2004.
  • PETROLEUM ACT, CAP P10, LFN 2004.
  • NIGER-DELTA DEVELOPMENT COMMISSION (NDDC) ACT, CAP N68, LFN 2004.
  • NIGERIAN MINING CORPORATION ACT. CAP N120, LFN 2004.
  • FACTORIES ACT, CAP F1, LFN 2004.
  • CIVIL AVIATION ACT, CAP C13, LFN 2004.
  • NATIONAL ENVIRONMENTAL PROTECTION (PROTECTION ABATEMENT IN INDUSTRIES AND FACILITIES GENERATING WASTE) REGULATIONS S49 OF 1991 L.F.N.
  • MINERAL ACT CAP. 286, L.F.N 1990.

1. NATIONAL OIL SPILL DETECTION AND RESPONSE AGENCY (ESTABLISHMENT) ACT, 2006

NATIONAL OIL SPILL DETECTION AND RESPONSE AGENCY (ESTABLISHMENT) ACT, 2006 is one of the Environmental Laws in Nigeria that provides for the establishment of the National Oil Spill Detection and Response Agency; and for related matters.

The objective of this law is to put in place machinery for the coordination and implementation of the National Oil Spill Contingency Plan for Nigeria to ensure a safe, timely, effective, and appropriate response to major or disastrous oil pollution.

The NOSDRA establishment Act mandates the Agency to:

  • Be responsible for surveillance and ensure compliance with all existing environmental legislation and the detection of an oil spill in the petroleum sector.
  • Receive reports of oil spillages and co-ordinate oil spill response activities throughout Nigeria
  • Coordinate the implementation of the plan as may be formulated from time to time, by the Federal Government
  • Coordinate the implementation of the plan for the removal of hazardous substances as may be issued by the Federal Government
  • Perform such other functions as may be required to achieve the aims and objectives of the agency under this Act or any plan as may be formulated by the Federal Government pursuant to the Act.

2. NIGERIAN MINERALS AND MINING ACT, 2007

NIGERIAN MINERALS AND MINING ACT, 2007 is one of the Environmental Laws in Nigeria that repeals the Minerals and Mining Act, No. 34 of 1999 and re-enacts the Nigerian Minerals and Mining Act 2007 for the purposes of regulating all aspects of the exploration and exploitation of solid minerals in Nigeria, and for related purposes.

It also provides rules for the exploration of resources with the protection given to the environment. It also covers the protection of interest of host communities and provide incentives for mining operations and shunning out penalties for offenders.

This Act was consolidated on the 21st of February, 2013

3. NUCLEAR SAFETY AND RADIATION PROTECTION DECREE, 1995 (No. 19 of 1995)

This is one of the Environmental Laws in Nigeria that establishes the Nigerian Nuclear Regulatory Authority, its governing board, and the National Institute of Radiation Protection and Research.

The Authority is to monitor and control the use of ionizing radiation and the exploration in industry and formulate codes of practice for the use of radiation.

The Nigerian Nuclear Regulatory Authority shall be charged with the responsibility for nuclear safety and radiological protection regulation in Nigeria.

The Act requires registration of premises where sources of ionizing radiation are kept. It also provides that no person shall produce or market any consumer product containing radioactive substances without a license issued by the Authority.

4. OIL IN NAVIGABLE WATERS ACT, CAP 06, LFN 2004

OIL IN NAVIGABLE WATERS ACT, CAP 06, LFN 2004 is one of the Environmental Laws in Nigeria that is concerned with the pollution of marine waters by oil. It brings to effect the International Convention for the Prevention of Pollution of the Sea by oil, 1954, and otherwise to make new provision for preventing the pollution of the Sea and of navigable waters by oil like in the discharge of oil from ships. It prohibits the discharge of oil from ships into territorial waters or shorelines.

This Act also makes it an offence for a shipmaster, occupier of land, or operator of the apparatus for transferring oil discharge oil into Nigerian waters. It also requires the installation of anti-pollution equipment in ships

5. NATIONAL ENVIRONMENTAL STANDARDS REGULATIONS AND ENFORCEMENT AGENCY (ESTABLISHMENT) ACT 2007 (NESREA)

The NATIONAL ENVIRONMENTAL STANDARDS REGULATIONS AND ENFORCEMENT AGENCY (ESTABLISHMENT) ACT 2007 is one of the Environmental Laws in Nigeria that contains regulations that were made by the Minister of Environment under section 34 of the Act.

This statute was created under the 1999 Constitution of the Federal Republic of Nigeria (section 20) and repealed the Federal Environmental Protection Act 1988.

The NESREA, the major federal body responsible for protecting Nigeria’s environment is responsible for enforcing all environmental laws, regulations, guidelines, and standards.

This includes enforcing environmental conventions, treaties, and protocols to which Nigeria is a signatory. These regulations include;

  • National Environmental (Air Quality Control) Regulations, 2011
  • National Environmental (Base Metal, Iron and Steel Manufacturing-Recycling Industries Sector)
  • National Environmental (Chemical, Pharmaceutical, Soap And Detergent Manufacturing Industries) Regulations, 2009
  • National Environmental (Coastal and Marine Area Protection) Regulations, 2011
  • National Environmental (Construction Sector) Regulations, 2010
  • National Environmental (Control of Alien and Invasive Species) Regulations, 2013
  • National Environmental (Control of Bush, Forest Fire, and Open Burning) Regulations, 2011
  • National Environmental (Control of Vehicular Emission from Petrol and Diesel Engines) Regulations, 2011 (A Pursuant to the National Environmental Standards and Regulations Enforcement Agency, NESREAAct)
  • National Environmental (Dams and Reservoirs) Regulations, 2014
  • National Environmental (Desertification Control and Drought Mitigation) Regulations, 2011
  • National Environmental (Domestic and Industrial Plastic Rubber and Foam Sector) Regulations, 2011
  • National Environmental (Electrical Electronics Systems) Regulations, 2011
  • National Environmental (Food Beverages and Tobacco Sector) Regulations, 2009
  • National Environmental (Hazardous Chemicals and Pesticides) Regulations, 2014
  • National Environmental (Mining and Processing of Coal, Ores) Regulations, 2009
  • National Environmental (Motor Vehicle and Miscellaneous Assembly Sector) Regulations, 2013
  • National Environmental (Noise Standards and Control) Regulations, 2009
  • National Environmental (Non-Metallic Minerals Manufacturing Industries Sector) Regulations, 2011
  • National Environmental (Ozone Layer Protection) Regulations, 2009
  • National Environmental (Permitting and Licensing System) Regulations, 2009
  • National Environmental (Protection of Endangered Species in International Trade) Regulations, 2011
  • National Environmental (Pulp and Paper, Wood and Wood Products Sector) Regulations, 2013
  • National Environmental (Quarrying and Blasting Operations) Regulations, 2013
  • National Environmental (Sanitation and Wastes Control) Regulations, 2009
  • National Environmental (Soil Erosion and Flood control) Regulations, 2011
  • National Environmental (Standards for Telecommunication/Broadcast Facilities) Regulations, 2011
  • National Environmental (Surface and Groundwater Quality Control) Regulations, 2011
  • National Environmental (Textile Wearing Apparel. Leather and Footwear Industry) Regulations, 2009
  • National Environmental (Watershed, Mountainous, Hilly and Catchment Areas) Regulations, 2009
  • National Environmental (Wetlands, River Banks and Lake Shores Protection) Regulations, 2009

6. ENVIRONMENTAL IMPACT ASSESSMENT (EIA) ACT

Environmental Impact Assessment (EIA) Act.  Cap E12, LFN 2004 is one of the Environmental Laws in Nigeria that sets out the general principles, procedures and methods of environmental impact assessment in various sectors helping to deal with the environmental impact of specific projects.

According to this law, there should be an assessment of public or private projects likely to have a significant impact on the environment.

Environmental Impact Assessment (EIA) Decree No.85 of 1992.

The Decree requires proponents of development projects to assess the impact of such project on the environment, designing mitigation measures as may be necessary and refrain from executing such project unless FEPA is satisfied that such impacts are negligible to that adequate measures to mitigate damages to the environment have been initiated.

7. THE NIGERIAN URBAN AND REGIONAL PLANNING ACT, CAP N138, LFN 2004

The Urban and Regional Planning Act is one of the Environmental Laws in Nigeria that is aimed at overseeing realistic, purposeful planning of the country to avoid overcrowding and poor environmental conditions.

This law is directed towards the attainment of fair, and speedy dispensation of substantial justice without undue resort to technicalities.

8. HARMFUL WASTE (SPECIAL CRIMINAL PROVISIONS) ACT, CAP H1, LFN 2004

HARMFUL WASTE (SPECIAL CRIMINAL PROVISIONS) ACT, CAP H1, LFN 2004 is one of the Environmental Laws in Nigeria.

It prohibits unlawful carrying, depositing and dumping or be in possession to carry, deposit or dump any harmful waste in the air, on land and in territorial waters, including the Exclusive Economic Zones of Nigeria (E.E.Z).

9. THE ENDANGERED SPECIES (CONTROL OF INTERNATIONAL TRADE AND TRAFFIC) ACT, CAP E9, LFN 2004

THE ENDANGERED SPECIES (CONTROL OF INTERNATIONAL TRADE AND TRAFFIC) ACT, CAP E9, LFN 2004 is one of the EnivonmentalLaws in Nigeria.

It focuses on the protection and management of Nigeria’s wildlife and some of their species in danger of extinction as a result of overexploitation.

The Act also prohibits, except under a valid license, the hunting, capture or trade-in animal species, either presently or likely to be in danger of extinction. The Act provides for regulations to be made necessary for environmental prevention and control.

10. WATER RESOURCES ACT, CAP W2, LFN 2004

The Water Resources Act is one of the Environmental Laws in Nigeria targeted for developing and improving the quantity and quality of water resources.

This Act also provides authority to make pollution prevention plans and regulations for the protection of fisheries, flora and fauna.

11. THE FEDERAL NATIONAL PARKS ACT, CAP N65, LFN 2004

The National Parks Act is one of the Environmental Laws in Nigeria that makes provision for the conservation and protection of natural resources and plants in national parks.

The Act is concerned with the establishment of protected areas used for resource conservation, water catchments protection, wildlife conservation and maintenance of the national eco-system balance.

12. LAND USE ACT, CAP 202, LFN 2004

The Land Use Act is one of the Environmental Laws in Nigeria that is aimed at providing measures for the ease of availability of land for commercial, agricultural and other developmental purposes.

As a result of this, the Act places the ownership, management and control of land in each state of the federation in the Governor.

The land is therefore allocated with his authority for commercial, agricultural and other purposes.

13. HYDROCARBON OIL REFINERIES ACT, CAP H5, LFN 2004

The Hydrocarbon Oil Refineries Act is one of the Environmental Laws in Nigeria.

It is concerned with the licensing and control of refining activities prohibiting any unlicensed refining of hydrocarbon oils in places other than a refinery and requiring refineries to maintain pollution prevention facilities.

14. ASSOCIATED GAS RE-INJECTION ACT

Associated Gas Re-Injection Act. Cap 20, LFN 2004 is one of the Environmental Laws in Nigeria that deals with gas flaring activities by oil and gas companies. Prohibits, without lawful permission, any oil and gas company from flaring gas in Nigeria and stipulates the penalty for breach of permit conditions.

Associated Gas Re-Injection Act. Cap.12, LFN 1990. The Act was aimed to end the wasteful and destructive flaring of gas by compelling oil companies to develop schemes for utilization or re-injection of all gas produced in association with oil by 2010, except with the permission of the Minister of Petroleum Affairs.

15. SEA FISHERIES ACT, CAP S4, LFN 2004

The Sea Fisheries Act is one of the Environmental Laws in Nigeria that makes it illegal to take or harm fishes within Nigerian waters by use of explosives, poisonous or noxious substances prohibiting any unlicensed operation of motor fishing boats within Nigerian waters.

The Act also provides authority to make for the protection and conservation of sea fishes.

16. INLAND FISHERIES ACT, CAP I10, LFN 2004

INLAND FISHERIES ACT, CAP I10, LFN 2004 is one of the Environmental Laws in Nigeria that focuses on the protection of the water habitat and its species, the Act prohibits unlicensed operations of motor fishing boats within the inland waters of Nigeria.

The Act also prohibits the taking or destruction of fish by harmful means making it an offence is punishable with a fine of N3, 000 or an imprisonment term of 2 years or both.

17. EXCLUSIVE ECONOMIC ZONE ACT, CAP E11, LFN 2004

The Exclusive Economic Zone Act is one of the Environmental Laws in Nigeria that makes it illegal to explore or exploit natural resources within the Exclusive zone without lawful authority.

18. OIL PIPELINES ACT, CAP 07, LFN 2004

The Oil Pipelines Act and its Regulations is one of the Environmental Laws in Nigeria that creates a civil liability on the person who owns or is in charge of an oil pipeline.

He would be liable to pay compensation to anyone who suffers physical or economic injury as a result of a break or leak in his pipelines.

This Act also establishes that grants of licenses is subject to regulations concerning public safety and prevention of land and water pollution.

19. PETROLEUM ACT, CAP P10, LFN 2004

The Petroleum Act and its Regulations is one of the Environmental Laws in Nigeria and this act remains the primary legislation of the activities in the oil and gas sector in Nigeria. It promotes public safety and environmental protection.

The Act provides authority to make regulations on operations for the prevention of air and water pollution.

20. NIGER-DELTA DEVELOPMENT COMMISSION (NDDC) ACT, CAP N68, LFN 2004

The Niger-Delta Development Commission Act is one of the Environmental Laws in Nigeria that is concerned with using allocated funds to tackle ecological problems arising from the exploration of oil minerals in the Delta.

This Act empowers the Commission to plan and implement projects for the sustainable development of the Delta in the field of transportation, health, agriculture, fisheries, urban and housing development, etc.

The Commission, under this Act, has a duty to liaise with oil and gas companies and advise stakeholders on the control of oil spillages, gas flaring and other related forms of environmental pollution.

21. NIGERIAN MINING CORPORATION ACT. CAP N120, LFN 2004

NIGERIAN MINING CORPORATION ACT. CAP N120, LFN 2004 is one of the Environmental Laws in Nigeria that establishes the Nigerian Mining Corporation. It has the authority to engage in mining refining activities and to construct and maintain roads, dams, reservoirs, etc.

This Act creates a civil liability on the corporation for the physical or economic damage suffered by any person as a result of its activities.

22. FACTORIES ACT, CAP F1, LFN 2004.

The Factories Act is one of the Environmental Laws in Nigeria that promotes the safety of workers and professionals exposed to occupational hazards. Under this Act, it is an offence to use unregistered premises for factory purposes.

The Act also allows an inspector to take emergency measures or request that emergency measures be taken by a person qualified to do so in cases of pollution or any nuisance.

23. CIVIL AVIATION ACT, CAP C13, LFN 2004.

The Civil Aviation Act is one of the Environmental Laws in Nigeria that provides regulations to ensure the safety of properties and participants in an aircraft and others who may be endangered by it.

24. NATIONAL ENVIRONMENTAL PROTECTION (PROTECTION ABATEMENT IN INDUSTRIES AND FACILITIES GENERATING WASTE) REGULATIONS S49 OF 1991 L.F.N.

NATIONAL ENVIRONMENTAL PROTECTION (PROTECTION ABATEMENT IN INDUSTRIES AND FACILITIES GENERATING WASTE) REGULATIONS S49 OF 1991 L.F.N. is one of the Environmental Laws in Nigeria.

This Act provides regulations ban the unauthorized handling of toxic waste, discharge of effluent, industrial solid waste etc., in drains, water bodies, municipal landfill etc.

These regulations require industries to install pollution monitoring devices in order to make regular reports of intended and accidental discharge of solid, gaseous or liquid waste.

The Act also empowers the Federal Environmental Protection Agency to require existing industries to conduct environmental audits (or E.I.A) for new projects or to prevent the start-up of any industry or facility that will constitute a new source of pollution.

25. MINERAL ACT CAP. 286, L.F.N 1990.

The Mineral Act is one of the Environmental Laws in Nigeria that monitors and regulates the mining of minerals (non-oil minerals) and prohibits mining operators from cutting or taking protected trees without consent polluting watercourses, exploiting water unauthorised.

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