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It is worthy of note that the NESREA act repealed the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.
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Usman A.I.(2001) Ibid. 311.L.M. 74 (1992):
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Usman A.I (2001) Environmental impact
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