A 635

NATIONAL ENVIRONMENTAL STANDARDS AND REGULATIONS

ENFORCEMENT AGNCY (ESTABLISHMENT) ACT, 2007

ARRANGEMENT OF SECTIONS

SECTION:
PART 1 – ESTABLISHMENT OF THE NATIONAL ENVIRONMENTAL STANDARDS AND
REGULATIONS ENFORCEMENT AGENCY

1. Establishment of National Environmental Standards and Regulations Enforcement

Agency.
2. Objectives of the Agency.
3. Establishment and composition of Council
4. Tenure of office
5. Cessation of membership
6. Emolument, etc, of members

PART II – FUNCTIONS AND POWERS OF THE AGENCY AND COUNCIL

7. Functions of the Agency

8. Powers of the Agency
9. Functions of the Council

PART III – STRUCTURE OF THE AGENCY

10 Directorates of the Agency

PART IV – STAFF OF THE AGENCY

11 Appointment of Director –General and other staff of the Agency

12 Pensions Act No.2 of 2004.

PART V—FINANCIAL PROVISIONS

13 Fund of the Agency

14 Expenditure of the Agency
15 Exemption from the income tax
16 Annual estimate
17 Accounts and audit
18 Annual report
19 Investment
20 Air quality and atmospheric protection
21 Ozone protection
22 Noise
23 Federal water quality standards
24 Effluent limitations.
A 636 2007 No. 25 National Environmental Standards and Regulations
Enforcement Agency (Establishment) Act

25 Environmental sanitation
26 Land resources and watershed quality
27 Discharge of hazardous substance and related offences
28 Removal methods, etc.
29 Co-operations with appropriate authorities.

PART VI – MISCELLANEOUS PROVISIONS

30 Power to enter premises

31 Offences and penalties
32 Legal Proceedings
33 Power of Minister to give Directives
34 Power to make regulations
35 Application
36 Repeal of Cap. F10 LFN, 2004.
37 Interpretations.
A637

NATIONAL ENVIRONMENTAL STANDARDS AND REGULATIONS

ENFORCEMENT AGENCY (ESTABLISHMENT) ACT, 2007
2007 ACT NO. 25
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE NATIONAL ENVIRONMENTAL STANDARDS
AND REGULATIONS ENFORCEMENT AGENCY CHARGED WITH RESPONSIBLITY FOR THE PROTECTION
AND DEVELOPMENT OF THE ENVIRONMENT IN NIGERIA; AND FOR RELATED MATTERS.

(30th Day of July,2007) Commence

ment.
ENACTED by the National Assembly of the Federal Republic of Nigeria ----

PART 1 – ESTABLISHMENT OF THE NATIONAL ENVIRONMENTAL STANDARDS

AND REGULATIONS ENFORCEMENT AGENCY

1.—(1) There is established a body known as National Environmental Standards Establishment of

and Regulations Enforcement Agency (in this Act referred to as ―the Agency‖). National
Environmental
Standards and
Regulations
(2) The Agency : Enforcement
Agency .
(a) shall be the enforcement Agency for environmental standards, regulations,
rules, laws, policies and guidelines;

(b) shall be a body corporate with perpetual succession and a common seal; and

(c) may sue and be sued in its corporate name.

2.The Agency, shall, subject to the provisions of this Act, have responsibility Objectives of
the Agency
for the protection and development of the environment, biodiversity conservation
and sustainable development of Nigeria‘s natural resources in general and
enviromental technology, including coordination and liaison with relevant
stakeholders within and outside Nigeria on matters of enforcement of environmental
standards, regulations, rules, laws, policies and guidelines.

3.---(1) There is established for the Agency, a Governing Council (in this Act Establishment
and composition
referred to as the ―Council‖) which shall consist of-- of Council.

(a) a Chairman who shall be appointed by the President, on the

recommendation of the Minister;
(b) the Permanent Secretary of the Federal Ministry of Environment or his
representative;
(c) a representative each, not below the rank of Director from the----
(i) Federal Ministry of Solid Minerals Development,
(ii) Federal Ministry of Agriculture and Natural Resources,
(iii) Federal Ministry of Water Resources,
(iv) Federal Ministry of Science and Technology,
(v) a representative of the Standards Organisation of Nigeria,
(vi) a representative of the Manufacturers‘ Association of Nigeria,
A 638 2007 No. 25 National Environmental Standards and Regulation
Enforcement Agency (Establishment) Act

(vii) a representative of the Oil Exploratory and Production Companies

in Nigeria;
(d) the Director –General of the Agency; and
(e) three other persons to represent public interest, to be appointed by the
Minister of Environment.
(2) A member of the Council, other than the Chairman, shall be appointed by
the Minister on the recommendation of the body, if any, he represents.
(3) With the exception of the Director-General, membership of the Council
shall be on part-time basis.
(4) The members of the Council shall be paid such allowances as provided
under existing regulations on such payments.
Schedule. (5) The provisions of the Schedule to this Act shall have effect with respect to
the proceedings of the Council and other matters mentioned therein.
Tenure of 4. A member of the Council appointed, otherwise than by office and the
office.
Director-General, shall hold office for a term of four years and shall be eligible for
Cessation of
reappointment for only one further term of four years.
membership. 5 - (1) The office of a member of the Council shall become vacant if:
(a) he resigns as a member of the Council by notice in writing under his hand
addressed to the Minister ; or
(b) the Minister subject to the approval of the President, is satisfied that it is
not in the interest of the Agency for the person appointed to continue in office and
notifies the member in writing to that effect.

(2) If it appears to the Council that a member of the Council, other than ex-
officio member or the Director-General, shall be removed from office on the grounds
of misconduct or inability to perform the functions of his office, the Council shall
make a recommendation to the Minister.
(3) If the Minister, after making such enquiries as he considers necessary,
approves the recommendation, the Minister shall, in writing, declare the office of
such a member vacant.
Emolument, 6. The Chairman and members of the Council shall be paid such emoluments,
etc of
members. allowances and benefits in accordance with the existing regulations on such payment.
PART II – FUNCTIONS AND POWERS OF THE AGENCY AND COUNCIL

Functions of 7. The Agency shall---

the Agency. (a) enforce compliance with laws, guidelines, policies and standards on
environmental matters;
(b) coordinate and liaise with stakeholders, within and outside Nigeria, on
matters of environemental standards, regulations and enforcement;
A 639
National Environmental Standards and Regulations 2007 No. 25
Enforcement Agency (Establishment)Act

(c) enforce compliance with the provisions of international agreements,

protocols, conventions and treaties on the environment, including climate change,
biodiversity, conservation, desertification, forestry, oil and gas, chemicals, hazardous
wastes, ozone depletion, marine and wild life, pollution, sanitation and such other
environemntal agreements as may from time to time come into force;
(d) enforce compliance with policies, standards, legislation and guidelines on
water quality, environmental health and sanitation, including pollution abatement;
(e) enforce compliance with guidelines and legislations on sustainble
management of the ecosystem, biodiversity conservation and the development of
Nigeria‘s natural resources;
(f) enforce compliance with any legislation on sound chemical management,
safe use of pesticides and disposal of spent packages thereof;
(g) enforce compliance with regulations on the importation, exportation,
production, distribution, storage, sale, use, handling and disposal of hazardous
chemicals and waste other than in the oil and gas sector;
(h) enforce through compliance monitoring, the environmental regulations
and standards on noise, air, land, seas, oceans and other water bodies other than in the
oil and gas sector;
(i) ensure that environmental projects funded by donor organisations and
external support agencies adhered to regulations in environmental safety and
protection;
(j) enforce environmental control measures through registration, licencing and
permitting systems other than in the oil and gas sector;
(k) conduct environmental audit and establish data bank on regulatory and
enforcement mechanisms of environmental standards other than in the oil and gas
sector;
(l) create public awareness and provide environmental education on
sustainable environmental management, promote private sector compliance with
environmental regulations other than in the oil and gas sector and publish general
scienctific or other data resulting from the performance of its functions;
(m) carry out such activities as are necessary or expedient for the performance
of its functions.

8. The Agency shall have power to--- Powers of the

(a) purchase or take on lease any interest in land, building or property; Agency.

(b) build, equip and maintain the offices and premises for the performance of
its functions under this Act;
(c) lease out any office or premises held by it, which is no longer required;
(d) prohibit processess and use of equipment or technology that undermine
environmental quality;
A 640 2007 No. 25 National Environmental Standards and Regulations
Enforcement Agency (Establishment) Act.
(e) conduct field follow-up compliance with set standards and take procedures
prescribed by law against any violator;
(f) subject to the provisions of the Constitution of the Federal Republic of
Nigeria, 1999, and in collaboration with relevant judicial authorities establish mobile
courts to expeditiously dispense cases of violation of environmental regulations:
(g) conduct public investigations on pollution and the degradation of natural
resources, except investigations on oil spillage;
(h) open and operate ordinary and domiciliary accounts for the Agency in
recognized banking institutions in Nigeria;
(i) borrow by overdraft or otherwise, with the approval of the Minister, such
sums as it may require for the performance of its functions under this Act;
(j) accept gifts of land, money or other property, upon such terms and
conditions, if any as may be specified by the person or organisation making the gift,
as long as such conditions are consistent with the functions of the Agency;
(k) submit for the approval of the Minister, proposals for the evolution and
review of existing guidelines, regulations and standards on environment other than in
the oil and gas sector including---

(i) atmostperic protection,

(ii) air quality
(iii) ozone depleting substances,
(iv) noise control,
(v) effluent limitations,
(vi) water quality,
(vii) waste management and environmental sanitation,
(viii) erosion and flood control,
(ix) coastal zone management,
(x)dams and reservoirs,
(xi)watershed
(xii)deforestation and bush burning,
(xiii)other forms of pollution and sanitation, and
(xiv)control of hazardous substances and removal control methods.

(l) develop environmental monitoring networks, compile and synthesize

environmental data from all sectors other than in the oil and gas sector at national and
international levels;
(m) undertake, coordinate, utilize and promote the expansion of research
experiments, surveys and studies by public or private agencies, institutions and
organisations concerning causes, effects, extent, prevention, reduction and
elimination of pollution and such other matters related to environmental protection
and natural resources conservation other than in the oil and gas sector as the Agency
may, from time to time, determine;
National Environmental Standards and Regulations 2007 No. 25 A 641
Enforcement Agency (Establishment) Act
(n) enter into agreement and contracts with public or private organizations and
individuals to develop, utilize, coordinate and share ennvironmental monitoring
programmes, research effects, and basic data on chemical, physical and biological
effects of various activities on the environment and other environmental related
activities other than in the oil and gas sector;
(o) in collaboration with othe relevant agencies and with the approval of the
Minister, establish programmes for setting standards and regulations for the
prevention, reduction and elimination of pollution and other forms of environmental
degradation in the nation‘s air, land, oceans, seas and other water bodies and for
restoration and enhancement of the nation‘s environment and natural resources;
(p) collect and make available , through publications and other appropriate
means and in co-operation with public or private organisations, basic scientific data
and other information pertaining to environmental standards;
(q) charge fees for tests, investigations and other services performed by the
Agency;
(r) develop and promote such processes, methods, devices and materials as
may be useful or incidental in carrying out the purposes and provisions of this Act;
and
(s) do such other things other than in the oil and gas sector as are necessary
for the efficient performance of the functions of the Agency.
Functions of
9. The Council shall---- the Council.
(a) be responsible for the appointment, promotion and discipline of the
staff of the agency;
(b) advise the Agency with regard to financial, operational and
administrative matters;
(c) establish committees as may be expedient which shall be charged with
specific functions;
(d) encourage and promote activities related to the functions of the
Agency; and
(e) carry out such other activities as may be directed by the Minister.

PART III--- STRUCTURE OF THE AGENCY

10—(1) The Agency shall have---- Directorates

of the Agency.

(a) Directorate of Administration and Finance;

(b) Directorate of Planning and Policy Analysis;
(c) Directorate of Inspection and Enforcement;
(d) Directorate of Environmental Quality Control; and
(e) Directorate of Legal Services.

(2) Each Directorate shall be headed by a Director.

2007 No. 25 National Environmental Standards And Regulations
A 642 Enforcement Agency (Establishment) Act

(3) The Director of the Directorate of Legal Services shall also function as the
Legal Adviser to the Agency.
(4) The Agency and its Directorates shall have adequate numbers of units and
divisions as may be required in the discharge of the functions of the Agency.
(5) The Agency shall have zonal offices in the six (6) geopolitical zones of the
country.
(6) The Agency may create such other departments, units or offices in any
part of the Federation as may be required for the proper performance of the functions
of the Agency.
PART IV--- STAFF OF THE AGENCY

Appointment 11.---(1) The Director-General of the Agency shall be appointed by the

of Director-
General and President on the recommendation of the Minister.
other staff (2) The Director-General shall;
of the
Agency. (a) be the Chief Executive and Accounting Officer of the Agency;
(b) be responsible for the day-to-day administration of the Agency;
(c) be a person with good working knowledge of the environment and with a
minimum of 15 years postgraduate experience in environmental management or
related discipline;
(d) hold office for a period of 4 years on such terms and conditions as may be
specified in his letter of appointment and be eligible for re-appointment for another
period of 4 years and no more.
(3)The Agency shall, from time to time, appoint such other persons as
members of staff of the Agency as it may deem necessary, to assist the
Agency in the performance of its functions under this Act.
(4) The appointment of staff in the junior cadre, shall be made by the
Director-General while the appointment in the senior cadre, shall be made with the
ratification and approval of the Council.
(5) The members of staff of the Agency appointed under subsection (3) of this
section shall be appointed on such terms and conditions of service (including
remuneration, allowances, benefits and pensions) as determined by the government.
(6) The promotion of staff in the junior cadre shall be as recommended by the
Junior Staff Committee to the Director-General for ratification and approval.
(7) The promotion of staff in the senior cadre shall be as recommended by the
Senior Staff Committee to the Council for ratification and approval.

Pensions 12.—(1) The Service in the Agency shall be approved service for the
Act No. 2
of 2004 purposes of the Pension Reform Act and, accordingly, officers and other persons
employed in the Agency shall be entitled to pensions, and other retirement benefits as
are prescribed thereunder.

643
National Environmental Standards and Regulations 2007 No. 25 A
Enforcement Agency (Establishment) Act

(2) Notwithstanding the provisions of subsection (1) of this section, the Agency may
appoint a person to any office on terms, which preclude the grant of a pension or
other retirement benefits in respect of that office.
(3) For the purpose of the Pension Reform Act, any power exerciseable
thereunder by a Minister or other authority of the Government of the Federation,
other than the power to make regulations under section 34 of this Act is vested in and
shll be exercised by the Agency and not by any other person or authority.

PART V---- FINANCIAL PROVISIONS

13.---(1) The Agency shall establish a Fund from which shall be defrayed all Fund of the
Agency.
expenditure incurred by the Agency for the purposes of this Act.

(2) There shall be paid and credited to the Fund of the Agency;
(a) adequate take off grant from the Federal Government;
(b)annual subventions and budgetary allocations from the Federal
Government;
(c) loans and grants in aid from national, bilateral and multilateral agencies;
(d)counter part funding as may be provided from time to time;
(e)all sums accruing to the Agency by way of rents, fees and other internally
generated revenues from services rendered by the Agency, and
(f) all sums accruing to the Agency by way of gifts, endowments, bequeaths
or other voluntary contributions by persons and organisations.

14. The Agency shall, from time and time, apply the funds at its disposal to— Expenditure
of the
Agency.
(a) the cost of establishing and maintaining the Head Office of the Agency at
the Federal Capital Territory, Abuja and its offices located in other places in
Nigeria;
(b) the cost of compliance monitoring and enforcement activities;
(c) pay allowances and other benefits of members of the Council and of its
committees;
(d)pay the salaries and entitlements of the Director-General and other
members of staff of the Agency;
(e)pay the personnel, overhead, allowances, pensions, gratuities, benefits and
other administrative costs of the Agency;
(f) pay for attendance at local and international conferences related to its
functions;
(g)build capacity of members of staff of the Agency;
(h) publicize and promote the activities of the Agency;
(i)attend national and Internations scientific and professional seminars on
environmental matters;
(j)develop and maintain any property vested in or owned by the Agency;
(k)pay for services and contracts entered into by the Agency; and
A 644 2007 No. 25 National Environmental Standards and Regulations
Enforcement Agency (Establishment) Act

(l) undertake any other activity in connection with all or any of the functions of the
Agency;
Exemption
from incom
15. All income derived by the Agency from the sources specified in section
tax. 13(2) of this Act shall be exempted from income tax and all contributions to the fund
of the Agency shall be tax deductible.
Annual 16. The Agency shall submit to the President through the Minsiter, not later
Estimate. than 30th September each year, its programme of work and estimates of its income
and expenditure for the following year.

Accounts and 17.—1) The Council shall keep proper accounts of the Agency and proper
Audit. records in relations to those accounts.
(2) The accounts of the Agency shall be audited, not later than six months
after the end of the year to which it relates, by auditors appointed by the Agency from
the list and in accordance with the guidelines supplied by the Auditor-General of the
Federation.
Annual
Report. 18. The Agency shall prepare and submit to the Federal Executive Council,
through the Minister, not later that 30th June in each year, a report on the activities of
the Agency during the immediate preceeding year, and shall include in such report, a
copy of the audited accounts of the Agency for that year and the auditors report.
Investment. 19. The Agency may, subject to the provisions of this Act and the conditions
of any trust created in respect of any property, invest all or any of its funds in any
security prescribed by the Trustee Investment Act or in such other securities as may,
from time to time, be approved by the Minister.

Air quality 20.---(1) The Agency may make regulations setting specifications and
and
atmosphere standards to protect and enhance the quality of Nigeria‘s air resources, so as to
protection. promote the public health or welfare and the natural development and productive
capacity of the nations‘ human, animal, marine or plant life including, in particular;
(a) minimum essential air quality standards for human, animal, marine or
plant health;
(b) the control of concentration of substances in the air which separately or
in combination are likely to result in damage or deterioration of property or of
human, animal, marine or plant health;
(c) the most appropriate means to prevent and combat various atmospheric
pollution;
(d) control of atmospheric pollution originating from energy sources,
including that produced by aircraft and other self-propelled vehicles,
industries, factories and power generating situations or facilities;
(e) standards applicable to emissions from any new mobile or stationary
source which in the Agency‘s judgement causes or contributes to air pollution
which may reasonably be anticipated to endanger public health or welfare;and
A 645
National Environmental Standards and Regulation B2007 No. 25
Enforcement Agency (Establishment) Act
(f) the use of appropriate means to reduce emission to permissible levels
(2) The Agency may establish monitoring stations or network to locate
sources of atmospheric pollution and determine their actual or potential
danger.
(3) A person who violates the regulations made pursuant to subsection (1) of
this section commits an offence and shall on conviction, be liable to a fine not
exceeding N200,000 or to imprisonment for a term not exceeding one year or to both
such fine and imprisonment and an additional fine of N20,000 for every day the
offence subsists.
(4) Where an offence under subsection (1) of this section is committed by a
body corporate, it shall conviction be liable to a fine not exceeding N2,000,000 and
an additional fine of N50,000 for every day the offence subsists.
21.---(1) The Agency shall in collaboration with other relevant agencies Ozone
undertake to study data and recognize development in force in other countries protection

regarding the cumulative effects of all substances, practices, procesess and activities
which may affect the stratosphere.
(2) The Agency shall, in collaboration with other relevant agencies, embark
on programmes for the control of any substance, practice, process or activity which
may reasonably be anticipated to affect the stratosphere, especially ozone in the
stratosphere, when such effects may reasonably be anticipated to endanger public
health or welfare.
(3) Where an offence under subsection (2) of this section is committed by a
body corporate, it shall on conviction, be liable to a fine not exceeding N2,000,000
and an additional fine of N50,000 for every day the offence subsists.
Noise.
22.—(1) The Agency shall, on the commencement of this Act, in consultation
with appropriate authorities:
(a) identify major noise sources, noise criteria and noise control technology;
and
(b) make regulations on noise, emission, control, abatement, as may be
necessary to preserve and maintain public health and welfare.
(2) The Agency shall enforce compliance with existing regulations and
recommend programmes to control noise originating from industrial,
commercial, domestic, sports, recreational, transportation or other similar
activities.
(3) A person who violates the Regulations made pursuant to sub-section (1) of
this section commits an offence and shall on conviction be liable to a fine not
exceeding N50,000 or to imprisonment for a term not exceeding one year or to both
such fine and imprisonment and an additional fine of N5,000 for every day the
offence subsists.
(4) Where an offence under subsection (3) of this section is committed by a
body corporate, it shall on conviction be liable to a fine not exceeding N500,000 and
an additional fineof N10,000 for every day the offence subsists
A 646

Federal water 23.—(1) The Agency shall in collaboration with other relevant agencies
quality make regulations for the purpose of protecting public health or welfare and
standards.
enhancing the quality of water to serve the purpose of this Act.
(2) In drawing up proposals for such regulations and standards, the Agency
shall take into consideration the use and value of public water supplies, propagation
of marine and wildlife, recreational purposes, agricultural, industrial and other
legitimate use.
(3) A person who violates the provisions of the regulations made pursuant to
subsection (1) of this section, commits an offence and shall on conviction, be liable to
a fine not exceeding N50,000 or to imprisonment for a term not exceeding one year
or to both such fine and imprisonment and an additional fine of N5,000 for every day
the offence subsists.
(4) Where an offence under subsection (1) of this section is committed by a
body corporate,it shall on conviction, be liable to a fine not exceeding N50,000 and
an additional fine of N10,000 for every day the offence subsists.
Effluent 24.—(1) The Agency shall, on the commencement of the Act, review effluent
limitations. limtiations for existing point sources which shall require the application of the best
management practices, under circumstances as determined by the Agency, and shall
include, schedules of compliance for installation and operation of the best
management practices.
(2) The Agency shall, on the commencement of the Act, review effluent
limitations for existing point sources which shall require the application of the best
management practices, under circumstances as determined by the Agency, and shall
include, schedules of compliance for installation and operation of the best practicable
control technology as determined by the Agency.
3) Notwithstanding the existing regulations in force, other than in the oil and
gas sector, the Agency may make regulations on effluent limitations, on existing and
new point sources, for the protection of human, animal, marine and plant life.
(4) A person who violates the provisions of the regulations made pursuant to
subsection (3) of this section, commits an offence and shall on conviction, be liable to
a fine not exceeding N200,000 or to imprisonment for a term not exceeding 2 years or
to both such fine and imprisonment and an additional fine of N5,000 for every day
the offence subsists.
(5) Where an offence under subsection (3) of this section is committed by a
body corporate, it shall on conviction, be liable to a fine, not exceeding N1,000,000
and an additional fine of N50,000 for every day the offence subsists.
Environmental
sanitation. 25.---(1) The Agency may make regulations for the purpose of protecting
public health and promotion of sound environmental sanitation.
(2) A person who violates the provisions of the regulations made pursuant to
sub-section (1) of this section shall be guilty of an offence and punished under the
penalties imposed in the regulations made pursuant thereto.
A 647

26.—(1) The Agency may make regulations, guidelines and standards for the Land
resources and
protection and enhancement of the quality of land resources, natural watershed, watershed
coastal zone, dams and reservoirs including prevention of flood and erosion, to serve quality.

the purpose of this Act.

(2) In drawing proposals for such regulations, guidelines or standards, the

Agency shall take into consideration the Zoning Acts, Municipal Development
Guidelines and Building Codes to prevent sitting of essential facilities on flood plain.
(3) A person who violates the provisions of the regulations made pursuant to
subsection (1) of this section, commits an offence and shall on conviction, be liable to
a fine not exceeding N200,000 or to imprisonment for a term not exceeding one year
or to both such fine and imprisonment and an additional fine of N10,000 for every
day the offence subsists.
(4) Where an offence under subsection (1) of this section is committed by a
body corporate,it shall on conviction, be liable to a fine not exceeding N1,000,000
and an additional fine of N50,000 for every day the offence subsists.

27.—(1) The discharge in such harmful quantities of any hazardous substance Discharge of
into the air or upon the land and the waters of Nigeria or at the adjoining shorelines hazardous
subtances
is prohibited, except where such discharge is permitted or authorized under any law and related
in force in Nigeria. offences.

(2) A person who violates the provisions of subsection (1) of this Section,
commits an offence and is liable on conviction, to a fine , not exceeding N1,000,000
or to imprisonment for a term not exceeding 5 years.
(3) Where an offence under subsection (1) of this section is committed by a
body corporate, every person who at the time the offence was committed was in
charge of the body corporate shall be deemed to be guilty of such offence and shall be
liable to be proceeded against and punished accordingly provided that nothing
contained in this subsection shall render any person liable to any punishment,if he
proves that the offence was committed without his knowledge or that he exercised all
due diligience to prevent the commission of such offence.
(5) Notwithstanding the provisions of this section or any other sections of this
Act, the provisions of the Harmful Waste (Special Criminal Provisions, etc) Act shall
apply in respect of any hazardous substance constituting harmful waste as defined in
section 37 of this Act.
Removal
23. The Minister for the purpose of implementing the provisions of this Act, Method etc.
shall by regulations prescribe any specific removal method, financial responsibility
level for owners or operators of vessels,or onshore or offshore facilities notice and
reporting requirements
A 648 2007 No. 25 National Environmental Standards and Regulations
Enforcement Agency (Establishment) Act

Co-operation
29. The Agency shall co-operate with other Government agencies for the
with removal of any pollutant excluding oil and gas related ones discharged into the
appropriate
authorities.
Nigerian environment and shall enforce the application of best clean-up technology
currently available and implementation of best management practices as appropriate.

PART VII---MISCELLANEOUS PROVISIONS

Powers 30—(1) An officer of the Agency may, in the course of his duty, at any
to enter
premises reasonable time and on production of his certificate of designation if so required:

(a) enter and search with a warrant issued by a court, any premises including
land, vehicle, tent, vessel, floating craft except Maritime Tankers, Barges or Floating
Production, Storages, Offload (FPSO) and oil and gas facilities or any inland water
and other structures, at all times, for the purpose of conducting, inspection, searching
and taking samples for analysis which he reasonably believes, carries out activities or
stores goods which contravene environmental standards or legislation.
(b) examine any article found pursuant to paragraph (a) of this subsection
which appears to him to be an article to which this Act or the regulations made under
apply or anything which he reasonably believes is capable of being used to the
detriment of the environment;
(c) take a sample or specimen of any article to which this Act or the
regulations apply or which he has power to examine under paragraph (b) of this
subsection;
(d) open and examine, pursuant to paragraph (a) of this subsection, any
container or package which he reasonably believes may contain anthing to which this
Act or its regulations apply or which may help in his investigations;
(e) examine any book, document or other record found pursuant to paragraph
(a) of this subsection, which he reasonably believes may contain any information
relevant to the enforcement of this Act or the regulations and make copies thereof or
extracts there from;
(f) seize and detain for such time as may be necessary for the purpose of this
Act, any article by means of or in relation to which he reasonable believes any
provision of this Act or the regulations has been contravened; and
(g) obtain an order of a court to suspend activities, seal and close down
premises including land, vehicle, tent, vessel, floating craft or any inland water and
other structure whatsoever.
(2) A written receipt shall be given for any article or thing seized under
subsection (1) of this section and the reason for such seizure shall be stated on such
receipt.
(3) An article seized under this Act shall be kept or stored in such a place as
the officer of the Agency may direct and shall be returned to the owner or the person
from whom it was seized if the article upon analysis or examination is found to
conform with the requirements of this Act or regulations made under it.
(4) An article other than in the oil and gas sector, seized by an officer of the
Agency in pursuance of this Act or the regulations made under it, may be submitted
A 649
National Environmental Standards and Regulations 2007 No. 25
Enforcement Agency (Establishment) Act

to an analyst for analysis or examination and the analyst upon making such analysis
or examination shall, issue a ceritifcate or report in the prescribed form, setting forth
the result of such analysis or examination and the officer of the Agency shall, on
demand, deliver a copy of such certificae or report to the owner of the article if the
article is to be the subject of a proceeding under this Act or regulations thereunder.

(5) In this section, the expression ―article‖ to which this Act or regulations
made under it apply are :
(a) liquid, soil, vegetation;
(b) biological and chemical samples;
(c) particulate filters, air quality gauges; and
(d) such other articles or samples as may be determined by the Agency.

31. A person who obstructs an officer of the Agency in the performance of Offences and
his duties under section 3 of this Act commits an offence and is liable on penalties.

conviction to a fine of not less than N200,000 for an individual or to imprisonment

for a term not exceeding one year or to both such fine and imprisonment, and an
additional fine of N20,000 for each day the offence subsist and in the case of a body
corporate, it shall be liable for a fine of N2,000,000, on conviction and an additional
fine of N200,000 for everyday the offence subsist.

32.—(1) A suit shall not be commenced against the Agency before the Legal
Proceedings.
expiration of a period of one month, after written notice of intention to commence
the suit shall have been served on the Agency by the intending plaintiff or his agent
and the notice shall clearly state the:
(a) cause of action;
(b) particulars of claim;
(c) name and place of abode of the intending plaintiff; and
(d) relief which he claims.
(2) The notice referred to in subsection (1) of this section and any summons,
notice or other ducument required or authorized to be served on the Agency under the
provisions of this Act or any other enactment or law may be served by---
(a) delivery the same to the office of the Director-General; or
(b) sending it by registered post addressed to the Director-General at the Head
Office of the Agency.

(3) Subject to the provisions of section 174 of the Constitution of the Federal
Republic of Nigeria 1999, (which relates to the power of the Attorney-General of the
Federation to institute , continue or discontinue criminal proceedings against any
person in a court of law), an officer of the Agency may, with the consent of the
Attorney-General of the Federation, conduct criminal proceedings in respect of
offences under this Act or regulations made under this Act.

A 650
(4) In a judicial proceeding for an offence under this Act or any regulation
made under it, the provisions of the Criminal Procedure Act or depending on the
venue, 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 offences generally.
Power of
Minister to
33. The Minister may give directives of a general or special nature to the
give Agency relating to its functions under this Act, and the Agency shall comply and give
directives.
effect to the directives.

Power to 34. The Minister shall make regulations:

make
regulations.
(a) to prescribe the methodologies for private sector payments into the fund of
the Agency;
(b) to prescribe the fees to be paid for services rendered by the Agency;
(c) generally for the purposes of carrying out or giving full effects to the
functions of the Agency under this Act.

Application 35. Every other requirement, certificate, notice, direction, decision,

Cap 123 LFN
2004.
authorization, consent, application, request, agreement or thing made, issued, given or
done under any enactment repealed by this Act shall, if in force at the commencement
of this Act, continue to be in force and have effect as if made, issued, given or done
under the corresponding provisions of this Act.

Repeal of 36. The Federal Environmental protection Agency Act is repealed.

Cap F 10
LFN,2004.

Interpretation. 37. In this Act---

―Agency‖ means the National Environmental Standards and Regulations

Enforcement Agency established under section 1 of this Act;

―Appropriate authorities‖ means any government agency which has jurisdiction over
the land or water affected by the pollution or any government agency which
ordinarily has jurisdiction or any government over the operation which led to the
pollution;

―Authorised authorities or officer‖ means any employee of the Agency any Police
officer not below the rank of Inspector of Police or any custom officer;

―Chairman‖ means the Chairman of the Agency appointed under section 3 (1) 1999;

―Constitution‖ means the Constitution of the Federal Republic of Nigeria, 1999;

‗‘Court‘‘ means the Federal or State High Court;

―Council‖ means the Council of the Agency established under section 3 of this Act;

A 651
―Director-General‖ means the Director-General of the National
Environmental Standards and Regulations Enforcement Agency;
―Disposal‖ includes both land based disposal and dumping in waters and air
space of Nigeria;
―Effluent limitation‖ means any restriction established by the Agency of
quantities, rates and concentration of chemical, physical, biological or other
consutituents which are discharged from point sources into the waters in Nigeria;
―Environment‖ includes water, air, land and all plants and human beings or
animals living therein and the inter-relationships which exist among these or any of
them;
―Hazardous substances‖ means any chemical, physical or biological
radioactive materials that poses a threat to human health and the environment or any
such substance regulated under international conventions to which Nigeria is a party
or signatory e.g. Montreal Protocol, Rotterdam Convention, Stockholm Convention
etc. And includes any substance designated as such by the President of the Federal
Republic of Nigeria by order published in the Federal Gazette;
―He‖ means male or female gender;
―Member‖ means a member of the Council and includes the Chairman;
―Minister‖ means the Minister charged with the responsibility of the
environment;
―New source‖ means any source, the construction of which is commenced
after the publication of any regulations prescribing a standard to such source;
―Officer‖ means qualified persons employed to act in that capacity by the
Agency;
―Offshore facility‖ means any facility (including but not limited to motor
vehicles and rolling stock) of any kind located over, in, or under any land within
Nigeria other than submerged land;
―Owner‖ or ―Operator‖ means, in the case of---
(a) vesel, any person owning, operating or chartering by demise such vessel;
(b) an onshore facility or an offshore facility, any person owning or
operating such onshore facility or offshore facility; and
(c) any abandoned offshore facility, the person who owned or operated
such facility immediately prior to such abandonment;
―point source‖ means any discernible, confined and discrete conveyance, including
but not limited to any pipe, ditch, channel, tunnel, conduct, well, discrete fissure,
container, rolling stock, concentrated animal feeding operation or vessel or other
floating craft from which pollutants are or may be discharged;

―President‖ means the President of the Federal Republic of Nigeria;

A 652
―Pollution‖ means man-made or man-aided alteration or chemical, physical,or
biological quality of the environment beyond acceptable limits and ―pollutants‖ shall
be construed accordingly;

―Removal‖ means removal of hazardous substances from the environment of

Nigeria or the taking of such action as may be necessary to minimize or mitigate
damage to the public health or welfare, ecology and natural resources of Nigeria;

―Stratosphere‖ means the part of the atmosphere above the troposphere;

―Water of Nigeria‖ means all water resources in any form including

atmospheric , surface and sub-surface, and under ground water resources where the
water resources are interstate, or in the Federal Capital Territory, Territorial Waters,
Exclusive Economic Zone or in any other area under the jurisdiction of the Federal
Government of Nigeria.

Citation. 38.This Act may be cited as the National Environmental Standards and
Regulations Enforcement Agency (Establishment) Act, 2007.
National Environmental Standards and Regulations 2007 No. 25 A 653
Enforcement Agency (Establishment) Act
SCHEDULE Section 3(5)

Procedings of the Council

1.---(1) Subject to the provisions of this Act and section 27 of the
Interpretation Act, the Council may make standing orders regulating its proceedings
or those of any of its committees.
(2) The quorum of the Council shall be the Chairman or the person presiding
at the meeting and 5 other members of the Council including the Director-General,
and the quorum of any committee of the Council shall be as determined by the
Council
2.---(1) The Council shall meet whenever it is summoned by the Chairman
and if the Chairman is required to do so by notice given to him by not less than 8
other members, he shall summon a meeting of the Council to be held within 14 days
from the date on which the notice is given.
(2) At any meeting of the council, the Chairman shall preside but if he is
absent, the members present at the meeting shall appoint one of them to preside at the
meeting.
(3) Where the Council desires to obtain the advice of any person on a
particularr matter, the Council may co-opt him to the Council for such period as it
deems fit, but a person who is in attendance by virtue of this sub-paragraph shall not
be entitled to vote at any meeting of the Council and shall not count towards a
quorum.
3.----(1) The Council may establish one or more committees to carry out, on
behalf of the Council, such functions as the Council may determine.
(2) A committee established under this paragaph shall consist of such number
of persons as may be determined by the Council and a person shall hold office on the
committee in accordance with the terms of his appointment.
(3) A decision of a committee of the council shall be of no effect untill it is
ratified by the Council.
4.---(1) The fixing of the seal of the Agency shall be authenticated by the
signature of the Chairman, the Director-General or any person generally or
specifically authorized by the Council to act for that purpose.
(2) A contract or instrument which, if made or executed by a person not being
a body corporate, would not be required to be under seal may be made or executed on
behalf of the Agency by the Director-General or any person generally or specifically
authorized by the Council to act for that purpose.
(3) A document purporting to be a document duly executed under the seal of
the Agency shall be received in evidence and shall, unless and untill the contrary is
proved, be presumed to be so executed.
A 654
4. The validity of any proceedings of the Council or of a committee shall not
be adversly affected by ----

(a) a vacancy in the membership of the council or committee;

(b) a defect in the appointment of a member of the Council or committee; or
(c) reason that a person entitled to do so took part in proceedings of the
Council or committees.

I Certify, in accordance with Section 2 (1) of the Acts Authentication Act,

Cap. A2, Laws of the Federation of Nigeria 2004, that this is a true copy of the Bill
passed by both Houses of the National Assembly.

NASIRU IBRAHIM ARAB,

Clerk to the National Assembly
19th Day of July, 2007.

EXPLANATORY MEMORANDUM

This Act establishes the National Environmental Standards and Regulations

Enforcement Agency for the effective enforcement of standards, Regulations and all
national and international agreements, treaties, conventions and protocols on
environment to which Nigeria is a signatory.
SCHEDULE TO NATIONAL ENVIRONMENTAL STANDARDS AND REGULATIONS
ENFORCEMENT AGENCY (ESTABLISHMENT) BILL, 2007

(1) (2) (3) (4) (5)

Short Title of Long Title of the Bill Summary of the Contents of Date passed by the Date passed by the House
The Bill the Bill Senate of Representatives

National Environmental An Act to provide for the This Bill provides for the 17th May, 2007. 30th May, 2007
Standards and establishment of the National establishment of the National
Regulations Environmental Standards and Environment Standards and
Enforcement Agency Regulations Enforcement Agency Enforcement Agency charged
(Establishment) Bill, charged with responsibility for the with responsibility for the
2007. protection of the environment in protection and development of
Nigeria; and for related matters. the environment in Nigeria.

I certify that this Bill has been carefully compared by me with the decision reached by the National Assembly and found by me to be true and correct
decision of the Houses and is in accordance with the provisions of the Act Authentication Act Cap. 4, Laws of the Federation of Nigeria, 1990

NASIRU IBRAHIM ARAB

Clerk of the National Assembly
19th Day of July, 2007.
I ASSENT
UMARU MUSA YARADUA, GCFR
LS
LS President of the Federal Republic of Nigeria
30th Day of July, 2007.