It has the largest acreage in the country from which it produces some 39 per cent of the nations oil. Pdf water resources use, abuse and regulation in nigeria. 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. Environment law in nigeria energy and natural resources. 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. The goal of the national policy on the environment is to achieve sustainable development in nigeria, and, in particular to. The paper argues that whilst nigeria has extremely valuable environmental laws, the central problem lies in the enforcement of these laws and guidelines. The environmental guidelines and standards for the petroleum industry in nigeria also impose fines for various environmental infractions and the. Consequently, it can safely be inferred that the environmental policies and strategies in nigeria oil and gas industry. Aside from the acts backing up the setup of the afor ementioned institutions that are. 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. This article appraises the postkoko environmental protection laws in nigeria, with a view to assessing environmental protection mechanisms in the country.
Shell petroleum development company spdc is the pioneer and leader of the petroleum industry in nigeria. 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. Government policy and environmental protection in the developing. Environmental protection law 41994 amended by law 92009 egypt concerning the protection of nile river and water channels. In nigeria, environmental master plan of government is a most. It ensures that all local, states and federal agencies as well companies that operate in nigeria, comply with all extant regulations. The regulations that govern various human activities on the environment are vested on many agencies under the ministry agabi 3. The second aim is to explore the interaction of various actors involved in gas flaring laws in nigeria. Environmental regulation and pollution control in relation. 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. The inability of the nigerian state to effectively implement environmental policies is in turn a reflection of the character of the state. Training resource manual case studies from developing countries, nigeria. The colonial economic development policies and plans contain. Examining environmental policies and laws in nigeria aliyu ibrahim kankara dept.
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. Environmental law is a collective term encompassing aspects of the law that provide protection to the environment. But field observation revealed that environmental degradation is growing at a rate worse than the pre fepa period. Oil and gas environmental protection laws in nigeria. Gas flaring practices started since the first discovery of oil in the niger delta region of nigeria, and this practice has continued without seizure. Environmental policies and strategies in nigeria oil and. Nigeria is an active member of the unepinfoterra global environmental information exchange network with national focal points in 177 countries. 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. The national environmental standards and regulations enforcement agency nesrea is a parastatal of the federal ministry of environment.
Truth is environmental safety is everyones responsibility. This article lists the most important national environmental laws by continent and country. Gas flaring has been associated with many socioeconomic, political and health implication in. Federal environmental protection agency fepa was established to control the nigerian environment, its resources exploitation and management. Provisions of some environmental laws and regulations in nigeria environmental laws are worthless except they are effectively enforced. 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. Impact of environmental laws and regulations on nigerian environment. 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. 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. It also has synergies with related areas of international law like international trade, human rights, international finance, and so on. This requires that a number of complementary policies, strategies and. The federal ministry of environment has identified about 80 desk officers for infoterra services in nigeria to facilitate public access to environmental information. Professor zhou ke believes that the numerous number of environmental laws did not mean good quality equally. 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 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. Environmental health laws and policies are created to regulate and safeguard our environment. The constitution of the federal republic of nigeria 1999 national environmental standards and regulations enforcement agency act environmental impact assessment act. In nigeria, environmental laws have been formulated and are being implemented to. In this regard, the federal government of nigeria has promulgated various laws and regulations to safeguard the nigerian environment. Gaseous emissions and hazardous waste management in nigeria. The vision of the agency is to ensure a cleaner and healthier. Environmental policy is the commitment of an organization or government to the laws, regulations, and other policy mechanisms concerning environmental issues. This book explores the relationship between oil pollution laws and environmental justice by comparing and contrasting the united states and nigeria.
Environmental protection agency act, 1994 act 490 4. 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 laws and regulations related to the environment are further emphasized through the following documents and legislations. 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. Environmental policy and its enforcement 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. 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.
However, the functions of environmental laws should be well understood for effective and efficient enforcement. Apart from the loss of petroleumderived revenue to corruption and. Rethinking environmental law enforcement in nigeria. Environmental protection in nigeria ggu law digital commons. Pdf the environment in nigeria faces the risk of degradation due to human activities and. 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. Solution to these problems require going beyond the strategies and objectives of fepa. The challenges of environmental problems in nigeria. He explained further, the development of environmental regulation was greatly aided in the late 1980s by the kook incident that occurred in the country. Role of the legislators in environmental governance in nigeria. Environmental policies are set up by the various and relevant organs of the government to compel nigerians to look after their environments. 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. Pdf impact of environmental laws and regulations on nigerian.
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. This article examines the role of past and recent government environmental control policies and programs in nigeria. Nigeria is replete with policy, but lacks in their implementation. However, the laws help compel people to be more responsible towards the environment where they live or.
Legislation serves as an effective instrument for environmental protection, planning, pollution, prevention and control. The history of environmental policy and pollution of water. The agency was established by nesrea establishment act, 2007, thus repealing the federal environmental protection agency act cap f10 lfn 2004. Examining environmental policies and laws in nigeria. The lagos state environmental protection agency lasepa is the environmental regulator for lagos state of nigeria. It identified various environmental challenges confronting nigeria and justification. Practices of multinational oil companies in niger delta, nigeria. In 20032004, tanzania developed a new framework law governing environmental protection. The basis of environmental policy in nigeria is contained in the 1999 constitution of the federal republic of nigeria. Enforcing environmental regulations in nigeria the.
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. The activities of spdc in the niger delta had left a balance sheet of ecological disaster. According to obi ogbalu in his environmental regulation in nigeria, xiv real environmental legislation in nigeria was a product of national emergency. A related but distinct set of regulatory regimes, now strongly influenced by environmental legal principles, focus on the management of specific natural resources, such as forests, minerals, or fisheries. Egyptian law 102 of 1983, for nature protectorates. Since 1999, elis africa program has worked to strengthen environmental law, policy, and management in africa. The main aim of this research is to ascertain the factor affecting environmental laws especially the gas flaring policies in nigeria. 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. The capacity of decision makers, policy makers, planners, implementers and researchers should. Lagos state environmental protection agency lasepa. Other areas, such as environmental impact assessment, may not fit neatly into. It concluded by proffering regulatory techniques and suggests amendments to most of the environmental laws to enable regulatory agencies function effectively. 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. This demands positive and realistic planning that balances human needs against the carrying capacity of the environment.
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