NATIONAL ENVIRONMENTAL STANDARD AND REGULATIONS ENFORCEMENT AGENCY (NESRA) ACT 2007

Administered by the ministry of environment, the national environment standards and regulations enforcement agency (NESREA) act of 2007 replaced the federal environmental protections agency (FEPA) act. It is the embodiment of laws and regulations focuses on the protection and sustainable development of the environment and its natural resources. The following sections are worth noting:


i)        Sections7: Provides authority to ensure compliance with environmental laws, local and international, on environmental sanitation and pollution prevention and control  through monitory and regulatory measures.

ii)       Section8(1) (k): Empowers the agency to make and review regulations on air and water quality, effluent limitations control of harmful substances and other forms of environmental pollutant and sanitation.

iii)      Sections 27: Prohibits, without lawful authority, the discharge of hazardous substances into the environment. This offence is punishable under this section, with a fine not exceeding, N1000,000 (one million naira) and an imprisonment term of 5 years. In the case of a company, there is an additional fine of N50, 000, for every day the offence persists.

          It is worthy of note that the NESREA act repealed the Nigeria flagship law on the environment ie the federal environmental protection agency act (FEPA Act) consequently, the NESREA Act has become the primary law on environmental protection while the new agency has replaced the old agency.
  
CONCLUSION
          Given the investment scenario to the Act and the current patronizing attitude to its provisions especially by the public sector project proponents, aggressive implementations of it provisions is necessary if the act will not end up a “paper Tiger” New projects should be subject toe environmental impact assessment in strict accordance with the spirit of the Act.
Already existing companies should undergo periodic environmental, audits (ED) to assure their compliance with environmentally sound practices. Environmental audits is a management tool comprising a systematic, documented periodic and objective evaluation of how well environmental organization, management and equipment are performing with the aim of contributing by (1) facilitating management control of environmental practice; (2) assessing compliance with any company policies, which include meeting regulatory requirement (15). For construction activities related to manufacturing. 
Three approaches are in practice
Utilization of the best control available technology (BCAT)
Compensation to local communities and
Institutionalisation of adequate abatement measure. (16)
Sometimes, government may have to offer tax and other incentives to encourage the provision of these abatement measure.     
Adequate punitive sanctions may also be employed. Perhaps, a combination of this “ carrot and stick” may inspire compliance with the provisions of the act and this ensure that “a stitch in time saves nine” God bless.   

REFERENCE
Bello N (2001)  NDDC votes 1 billion to dredge canal, other in Ondo state; Guardian Newspaper, Thursday, 7 February, 2002 p7.

Funne G.E (2001) the Rules and Responsibilities of professional in the implementation of the EIA Act No. 86,2001; A workshop presentation on Environmental impact assessment, organized by the Nigeria institute of Quantity surveyor 13-14th November 2001. 

Garba H. I. (2001) Sustainable industrial development in a developing economy –Nigeria: Nigeria Journal of industrial pollution vol.1 2001 @ p.8.

Hussaini I (1997) Environment impact Assessment procedures: Seminar presentation at a training workshop organized by KEPA; p.3.

Ipac newsletter vol.2. No.3 September, 2001,p.8.


International chamber of commerce (ICC) definition and adopted by the European.

Ojeshina (1998): The implication of energy utilization oil the environment; seminar presentation on facility management organized by international facility management association-26h August, 1998.
.

S.C Bhata. Environment chemistry p.505-506.

Usman A.I (2001) General principles of environmental protection laws; workshop presentation on Environmental impact assessment organized by the Nigeria institute of quality surveyors; 13-14th November, 2001.

Usman A.I.(2001) Ibid. 311.L.M. 74 (1992): Adoption of agreement on environment and development; the rio declaration on environment impact assessment act 1992-section 1(a).

Usman A.I (2001) Environmental impact assessment/construction project-ibid.
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