However, as a result of incessant exploitation of these natural resources to meet. It has the largest acreage in the country from which it produces some 39 per cent of the nations oil. Developmental stages of environmental lawsregulatory frameworks and policies strategies in nigeria the development and evolution of environmental lawsregulatory frame works and by extension policies strate gies in nigeria with reference to the oil and gas industry can be divided into three major generations. Oil and gas environmental protection laws in nigeria. Egyptian law 102 of 1983, for nature protectorates. Partnering with african ngos and governments, eli helps draft and advance pragmatic and effective environmental laws and policies, analyzes and identifies options to improve the implementation of existing environmental law, and builds the capacity of local institutions and citizens. Similarly, the strategic environmental assessment seathe application of environmental impact assessment eia principles to policies, plans and programmesis yet to receive mandatory status in nigeria nwafor, 2006.
The lagos state environmental protection agency lasepa is the environmental regulator for lagos state of nigeria. The main aim of this research is to ascertain the factor affecting environmental laws especially the gas flaring policies in nigeria. The laws and regulations related to the environment are further emphasized through the following documents and legislations. Wonah department of political and administrative studies, faculty of social sciences, university of port harcourt. General shall, subject to the policies laid down by the agency, develop programmes to carry out the purposes and provisions of this act and, without prejudice to the generality of the foregoing, shall, in particular. Eli also provided copies of other framework environmental laws from africa and around the world to assist the association and the government of liberia in developing an effective framework environmental law. Apart from the loss of petroleumderived revenue to corruption and. This environmental objective is in accordance with the constitution of the federal republic of nigeria, section ii, 20 which states that the state shall protect and improve the environment and safeguard the water, air and land, forest and wild life of nigeria. Examining environmental policies and laws in nigeria aliyu ibrahim kankara dept. It is the response to major environmental concerns of the west african subregion. Environmental protection law 41994 amended by law 92009 egypt concerning the protection of nile river and water channels. Lagos state environmental protection agency lasepa. Environment law in nigeria energy and natural resources.
Pdf impact of environmental laws and regulations on nigerian. However, the functions of environmental laws should be well understood for effective and efficient enforcement. The constitution of the federal republic of nigeria 1999 national environmental standards and regulations enforcement agency act environmental impact assessment act. Federal environmental protection agency fepa was established to control the nigerian environment, its resources exploitation and management. Environmental policy is the commitment of an organization or government to the laws, regulations, and other policy mechanisms concerning environmental issues.
Legislation serves as an effective instrument for environmental protection, planning, pollution, prevention and control. Prior to this incident, environmental legislation was covered under unrelated laws on distinct. Rethinking environmental law enforcement in nigeria. Introduction nigeria is committed to a national environmental policy that will ensure sustainable development based on proper management of the environment. The national environmental standards and regulations enforcement agency nesrea is a parastatal of the federal ministry of environment.
Pdf the environment in nigeria faces the risk of degradation due to human activities and. The environmental policies of spdc and the state are below expectations given the huge earnings from oil. Gaseous emissions and hazardous waste management in nigeria. These issues generally include air and water pollution, waste management, ecosystem management, maintenance of biodiversity, the management of natural resources, wildlife and endangered species. Environmental regulation and pollution control in relation. Nigeria is an active member of the unepinfoterra global environmental information exchange network with national focal points in 177 countries. Environmental health laws and policies are created to regulate and safeguard our environment. Aside from the acts backing up the setup of the afor ementioned institutions that are. The vision of the agency is to ensure a cleaner and healthier. Since 1999, elis africa program has worked to strengthen environmental law, policy, and management in africa.
West africas environmental policy spells out the objectives, resources and actions meant to improve on environmental and natural resource management in west africa in a bid to guarantee a healthy environment for the population. Shell petroleum development company spdc is the pioneer and leader of the petroleum industry in nigeria. Gas flaring has been associated with many socioeconomic, political and health implication in. The paper examines the impact of the nature and character of the nigerian state and its environmental policy on the achievement of sustainable development in nigeria. The challenges of environmental problems in nigeria.
Environmental policy and its enforcement in nigeria. Examining environmental policies and laws in nigeria. Enforcing environmental regulations in nigeria the. Practices of multinational oil companies in niger delta, nigeria. It identified various environmental challenges confronting nigeria and justification. The mandate was fulfilled in 1999 by the publication of fepas national guidelines and standards for environmental pollution control duly captioned national interim guidelines and standards for industrial effluents. This article appraises the postkoko environmental protection laws in nigeria, with a view to assessing environmental protection mechanisms in the country. It also has synergies with related areas of international law like international trade, human rights, international finance, and so on. Impact of environmental laws and regulations on nigerian environment. The basis of environmental policy in nigeria is contained in the 1999 constitution of the federal republic of nigeria. Environmental law is a new term in tanzania, although some of the many concepts in environmental law have existed since the birth of the nation and earlier. It concluded by proffering regulatory techniques and suggests amendments to most of the environmental laws to enable regulatory agencies function effectively. Solution to these problems require going beyond the strategies and objectives of fepa.
Professor zhou ke believes that the numerous number of environmental laws did not mean good quality equally. There is need for government to enact and implement necessary environmental laws to control the issues of environmental pollution and this can be done by putting necessary environmental pollution enforcement structures in place to curb the spate of environmental pollution in nigeria. The national policy on occupational safety and health is governments approach for achieving, inter alia, a national development philosophy of building a united, selfreliant and egalitarian economy through minimizing so far as is reasonably practicable, the causes and effects of hazards inherent in the working environment. The capacity of decision makers, policy makers, planners, implementers and researchers should. Consequently, it can safely be inferred that the environmental policies and strategies in nigeria oil and gas industry. Environmental policies are set up by the various and relevant organs of the government to compel nigerians to look after their environments. The inability of the nigerian state to effectively implement environmental policies is in turn a reflection of the character of the state. Role of the legislators in environmental governance in nigeria. According to obi ogbalu in his environmental regulation in nigeria, xiv real environmental legislation in nigeria was a product of national emergency. In 20032004, tanzania developed a new framework law governing environmental protection. Environmental protection in nigeria ggu law digital commons. This demands positive and realistic planning that balances human needs against the carrying capacity of the environment. The regulations that govern various human activities on the environment are vested on many agencies under the ministry agabi 3.
Truth is environmental safety is everyones responsibility. The environmental guidelines and standards for the petroleum industry in nigeria also impose fines for various environmental infractions and the. This article examines the role of past and recent government environmental control policies and programs in nigeria. Provisions of some environmental laws and regulations in nigeria environmental laws are worthless except they are effectively enforced. International environmental law covers topics such as biodiversity, climate change, ozone depletion, toxic and hazardous substances, desertification, marine resources, and the quality of air, land and water. In nigeria, environmental laws have been formulated and are being implemented to.
The various policies and strategies of environmental policies and strategies in nigeria oil and gas industry have therefore evolved almost at the same pace with the evolution of the nigerian oil and gas industry. Nigeria is replete with policy, but lacks in their implementation. This requires that a number of complementary policies, strategies and. The colonial economic development policies and plans contain. It ensures that all local, states and federal agencies as well companies that operate in nigeria, comply with all extant regulations. Other areas, such as environmental impact assessment, may not fit neatly into. The agency was established by nesrea establishment act, 2007, thus repealing the federal environmental protection agency act cap f10 lfn 2004.
However, the laws help compel people to be more responsible towards the environment where they live or. The second aim is to explore the interaction of various actors involved in gas flaring laws in nigeria. This article lists the most important national environmental laws by continent and country. Environmental protection agency act, 1994 act 490 4. Advances in the development of petroleum resources has contributed enormously to the global energy demand and economic development over the past decades, however, it has left profound negative impacts on the natural environment and adverse human health effects in most oilproducing host communities around the world.
The nesrea act empowers the agency to be responsible for enforcing all environmental laws, guidelines, policies, standards and regulations in nigeria, as well as enforcing compliance with provisions of international agreements, protocols, conventions and treaties on. The clean energy bill this seeks to create a legislative framework to promote the rapid expansion of environmental engineering and improve its efficiency in the country. Environmental law is a collective term encompassing aspects of the law that provide protection to the environment. In this regard, the federal government of nigeria has promulgated various laws and regulations to safeguard the nigerian environment. The goal of the national policy on the environment is to achieve sustainable development in nigeria, and, in particular to. The federal ministry of environment has identified about 80 desk officers for infoterra services in nigeria to facilitate public access to environmental information.
In nigeria, environmental master plan of government is a most. The impotency of the environmental policy to protect the environment in nigeria is a reflection of the inability of the state to effectively implement environmental policies. The history of environmental policy and pollution of water. Gas flaring practices started since the first discovery of oil in the niger delta region of nigeria, and this practice has continued without seizure. Government policy and environmental protection in the developing.
The paper argues that whilst nigeria has extremely valuable environmental laws, the central problem lies in the enforcement of these laws and guidelines. This book explores the relationship between oil pollution laws and environmental justice by comparing and contrasting the united states and nigeria. Pdf water resources use, abuse and regulation in nigeria. Governing body 1 the governing body of the agency is a board consisting of a one person knowledgeable in environmental matters as chairman, b the executive director, c one representative of the council for scientific and industrial research, not below the rank of principal research officer. Environmental policies and strategies in nigeria oil and. Despite this value, an economic perspective is by no means a perfect substitute for other legitimate perspectives on environmental law and policy, whether from the natural sciences, from ethics, or from other disciplines. The activities of spdc in the niger delta had left a balance sheet of ecological disaster. Critically, this book not only examines the fluidity of oil pollutions laws but also how effective or ineffective enforcement can be when viewed through the lens of environmental justice. Pursuant to section 20 of the constitution, the state is empowered to protect and improve the environment and safeguard the water, air and land, forest and wildlife of nigeria. The paper calls for a goalsetting regime, based upon collaboration reinforced by the enforcement of the approved plans of the industry itself, which would greatly enhance the prospect of.
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