Kaduna State Environmental Protection Authority Law (No. 7 of 2010)

of. 2010 uch has Olefectly ,IA TURE) A 37 . f)~duna State of Nigeria Gazette No. 23, .Vol. 44, 2nd Dece,;nber, 2010 - Supplement Part A . 1 . · ·rassent this 49th day of December~ 2010. Law No. 7 PATRICK IBRA~HM YAKOWA . . Executive Governor; Kaduna State of Nigeria e;1,:i>.., - ~~ \~ "7,, (.i ~ Kaduna State ofNigeria 2010 [29th December, 2010] ALAWTOSUBSTITUTETHE KADUNA-STATE . ENVIRONMENTAL PROTECTION AUTHORITY EDICT NO. I OF 1998 · Date of Comrn~ce~ent. BE IT ENACTED by the Kaduna State House of Enactment. Assembly as follows:- · 1. Tiris Law shall be cited as the Kaduna State Environ- ShortTitk mental Protection Authority Law, 2010. 2. This Law shall come into operation on the 29th day of Operation. December, 2010. 3. In this Law, unless the context otherwise requires:- Interpretation. "Authority" means Kaduna State Enviromn ental Protec-· · tion Authority as established under section 5 of this Law; "Authorized officer" means any employee oftheAuthci-. rity, any police officer not below the rank of an Inspector, or any person appointed by the Authority; "Chairman" means Chairman of.the .Governing .Council :. '• of the Authority as appointed·under Section 9 ofihis Law; . "Contaminant" means any solid, 1i'quid oi- gaseous mate­ rial that adversely affects any compoiic:rits df the environment; "Court" means any Court constituted tinder Section 54 of · this Law; . "Disposal" means thi'sposition of any waste material unto any component of the i.a:viromnent; A 38 Kaduna Staie Environmental ProiectionAuthorit)I Law No. 7 of 2010 "Enviro~ent" include w~te~, air, land, plants human beings, animals and .the entire ecosystem; "Environmental Standard" include water quality, air quality and atmospheric protection, noise, and hazardous substances and situation; "Fees" me:1;.s 8HY sums payable to the Auth01ity licenses, permits, approvals and any other payment for services as the Authority may charge; "Financial Year" means a year beginning on the 1st day of January, and ending on the 31st of December, of each year; "General Manager'' means the General Manager ofKaduna State Environmental Protection Authority as appointed-under Section 15 (1) of this Law; "Governing Council" means Governing Council of the Authority under section 6 of this Law; "Land Fill" means a facility for environmentally safe disposal of solid waste which meets the criteria prescribed by the Authority; . "Members" means members of the Governing Council of the Authority constituted under Section 9 of this Law; "r.fobilc Court" means a Court or Tribunal established by the Chief Judge of the State under .section 54 for the trial of environmental offences; ''Non-point'' means non discrete or ill defined source of pollutant; "Property'' includes anything in action, agriculture, residen­ tial, commercial or industrial lands, building sites, building and appurtenances, any interest in real or personal property; Building or estate or interest in. funds, loans, accounts receivable, . invest­ ment, lien, charge and claims land rights; "Regulation' means any regulation or guideline the · Governing Council of the Authority is empowered to make under · this Law; ·t "Secretary/Legal Adviser" means !);le Secr(}tary/Legal Adviser of thei-Authority appointed under section 11 of this Law; ). 7 of 2010 Objectives. Establishment of tlie Authority. "Soli<l \Vaste" mt:ans any wast<: material o ther th:in gaseous, liquid or semi-liquid; "Statt,:" xneans Kaduna State ofNigeria; \"i "State Committee on Environmental" means the Commit- tee established under Section 18 of this Law; "Technical Sub-Committee" means the Committee as established under Section 19 of this Law; "Waste" means any waste that is harmful or injurious; and "Unauthorized Place" means a place not approved .or permitted by Law to carry out activity, service or business of any kind. . PARTII OBJECTIVES OF THE AUTaORITY 4. The Authority shall endeavour to achieve a sustainable ·development"in the State and shall:- (a) secure the quality of Cl).Vironmcnt ad equal<! for the >. health and well-being of the residents of the State. (b) . conserve and use the environment and its natural resources for the benefit of the State. (c) minimize the impact of the physical development on the ecosystems of the State. (d) • raise public awareness and promote understand- ing of essential linkages between the environment and development within' the State; and (e) co-o-perate with the Federal Environmental Protection Agency and other States Environmen­ tal Protection Agencies to ach1eve effective prevention of abatement ·of Trans-boundary movement of waste. PARTID ESTABLISHMENT OF THE A UTIIORITY 5. (1) There is hereby established in the State an Environ­ mental Protection Authority (hereinafter referred to as "the Authority"). ., A 40 Kaduna&ate Environmental Pro~ection Authority Law No. 7 of 2010 (2) The Authority shall be a. body corporate with perpetual succession and can stle and be sued in. its corporate na111c. (3) The Authority shall acquire and dispose of movable property. (,1 ) Tb•: J\uthority shall have a Coininon Seal. l S) 1 he Co11,.mon Sl:al of the Authority shall be authen­ ticated by the signature of the General Manager and Secretary of . •.the Aut hority. or some other members ther.eof authorized by the Authority to act on that behalf. · . -:, ;. ' : : .. ' ,P~Tf\'. ' ' COMPOSITION OFTllE COUNCIL 6. (!)-There shall be.a Governing Council of the Autho­ rity, which shiill 'coi'isist o:fthe chairman who shall be appointed by the Governor. (2) There shall be other members whose rank shall.not be below the rank of a I)eputy Director as follows:- . • , - ~' ,• ~ < , • • ' ' ' • I • ' • ' f. (a) A representative of ~he Ministry of Environment; (h) A representative of the Ministry of Agriculture; ' . (c) A representative of the Ministry of Works and Transp otl; ", . ( , :: . \ ! cprcscntative of the Ministry of Health; :. or.:: :: (e) . A represelltative of the Ministry of Commerce and industry; · · · (f) (g) (h) .(i) ··.,. (j) .1· r,epresentaJive of Lartd.s and Survey and ,cuuntrY Platmi.p.gj, 'A• representative· of the Ministry of Justice; G~~erhl 'Man~ger Kadurta Stiite Urban Planning and Developrrie~tAuiliority; : .A represent,ath:ii o,f the Mip.istry of Women 'Affrurf ahd Sobial Development; · ' . : . ' ;J., . Two ~ther ni~inbets fro1~ the Private Sector who have distinguished themselves ·in eiivironmental matters; Composition of the Council. No. 7 of 2010 Composition of the Council. No. 7 of2010 Kaduna State Environmental Protection Authority Law A 41 (k) .The General Manager of the Authority; Quorum Meeting. Appointroent of Members. Powers and functions of the Authority. °(I) A representative of the Ministry of Water Resources; and (m) The Secretary/Legal Adviser who shall serve as the Secretary of the Governing Council. 7. The Chairma11: ~nd Members of the Board. shall hold office for a period of five years and may be eligible for re-appointment for another term of five years and no more. 8. The Quorum for meeting shall not be less than ·one~ third of the total number of members at the date of thl? meeting. 9. The Authority shall meet not less than four times. in each year or such number of times as may be considered necessary. · 10. NQ person .shall be qualified for appointment as .a member of the Authority ifhe is not qualified or ifhe is disquali­ fied for election as a member of House of Assembly . . PARTV POWERS AND FUNCTIONS OF THE AUTIIORITY 11. (1) The functipns oftheAuthority shall cover but not limited to:- - .· · · ( a) The control, removal and disposal ofliquid waste; (b) The control and disposal of solid waste; (c) The control of:- ' . . (i) vector pest, rod~hts and reptiles; (ii) potable and · waste water-effluent discharges; (iii) noise which constitutes ·a·· nuisance; (iv) the use of septic tanks and sewage maintenance; (v) bush burning, indiscriminate felling of trees; (vi) sti-ay ;md wandering animals; (vii) public coiwe nicnces and cemeteries; A 42 Kaduna State Environmental Protection Authority Law No. 7 of 2010 (viii) the use of residential areas for prohi- bited purpose; (ix) working or driving on prohibited areas; and (d) doin g such other things as are necessary or cxpc,: icnt for the purpose of enhancing a healthy environment within the State. · 12. The Authority shall liaise with relevant departments ru1d such other· government agencies fot the control of burrow pits. and quarry sites within the State and direct construction companies or individuals and ensure that such places are replanted to avoid soil erosion. 13. (1) The Authority shall subject to this Law have the general responsibility for all matters relating to the environinerit and withoutprejudice to the generality of the foregoing it shall be the duty of the Authority to:- •7. ; ,,;·- .,., 'J .. r .,,,... . , . ~.: ......... ...... ;.:,,:,•~ . ~,. (a) Enact and enforce State regulations, procedures, guidelines and environmental standards for effective -prevention, remediation, control and monitoring of point and non-point source of pollution and degradation; (,',) Implement, and review environmental policy in the State nnd in particular to demand and review cnvi101m1cnt impact assessment and statement and for new development projects and to also demand review environmental audit reports for existing developrnents and such other operations which are deemed· to· have significant impact on the environment; · · (c) Prepare in accordance with the State policy and Law on the environment periodic master plans for the development and financial requirements for implementation of such plans; (d) Prevent or stop any' act or omission which consequences are· likely to diversely affect the · envirorun.imt -and Jo, generally deal with any discharge either solid, liquid 6r gaseous materials ' Control by the Authority to avoid soil erosion. · General Powers for tl1e Authority. -.Jo. 7 of 2010 Control by the Authority to avoid soil erosion. General Powers fpr tf1e Authority. ,::!;No; 7cof.2010 Kaduna State Environmental Protection Authority Law A 4 3 deposited willfully or otherwise in the ·environment and to deal generally with any violation which the Authority may deem hazardous to the · environment and the ecosystem: They shall in particular:- (i) monitor the whole parts of the State for any such discharge; · (ii) cause· the Responsible parties · to stop or remove such discharge; (iii) : r.emove or cause or be removed such discharge at the expense of the defaulting party; {iv) penalty to be paid in accordance with appropriate regulations; (v) reinstate, rehabilitate or cause the effect environment to be removed to its original state at the expense of the responsible parties; (vi) approve landscaping for all and drainage plans on new developments;·and (vii) grant final approval for all manner of mining activities in the State; . (e) Monitor environmental quality, conduct prog­ rammes for continuing surveillance and of regular periodic inspection of actual or potential contaminants of point and non-point sources. of environmental pollution in accordance with the ' laid down regulations as the Authority may deem fit. (j) To liaise with Federal, State, Local Government , and other public and private authorities, agencies and institutions engaged in environmental · planning artd functions. (g) Research, collect information and research findings in various environn1ent disciplines. (h) Develop libraries and archives, and to establish and maintain a database on environment. ( ·' A 44 Kaduna State Environmental Protec;tionAuthority Law No. 7 of 2010 (i) Stimulate public interest on environment by publi°c awareness, campaign and generally encourage environmental education programmes in schools, mass media and other formal and informal sectors. W Where fc~s iblc, conduct training programmes •;ir ind1;1·- •1 ,ni, commercial and public institutions "ml t.,r 11e;:,r.,it or train c1tviromnental extension workers and staff of the Authority for the purpose of effective mobilization of the public · towards environmental education and awareness; (k) Issue permits, licenses, approvals and to issue certification and operation levies for the issuance of such permits, · license, approval and certifications as the authority may from time to time prescribe; · Establish and maintain close liaison and linkages with major researqh 0 and scientific institutions, professional associations, experts and consultants as well as government and non-governmental organisations-in the field of environment; ('!l) ;•n· -~t ig:-tc and ascertain ,all violation of this law and, or rdevant rules and regulations under the law and prosecute or to be prosecuted such violato'ts; (n) Demand to access to any public or private property or.premises at all reasonable time enter · upon for the purpos~ of inspecting. and investiga­ ting for ascertafoing any vio latioris or potential violations; (o) Establish zonal offices in the State and constitute joint consultative committee with the Federal and Local Governments, for the purpose of operating, administering and enforcing the provision of any existing law. and regulations and or any enactment relating-to enviroru'nent gene;ally; -- ,,,~;: ~~ :"' : ' '· ,. ~, (\;·:::\t--~ ·:• ... ,•.·~~ ;/ Ka, -'.l' ff. ; ' fo. 7 of 2010 ~'NQ\ 7 ,of •;2Ql O Kadu!'l a State Environmental -frotection A uthoriiy Law A 4 5 .. ' .. :'.: Principal officer.; of the Authority . . (p) (q) fr) Without prejudice to the provision of any existing law relating to .refuse disposal the Authority shall establish operational mechanisms for refuse collection, transportation and disposal in co-operation with the Local Governments of the State; Subject to the approval of the Gm;emor, the· Authority may borrow money, whether by way of mortgage o~ otherwise for the exec;ution imd discharge of its functions; the Authority may accept gift of land, money, books or other property upon such terms and conditions as may be specified by the ·person m~g the gift, provided it shall not be lawful for the authority to accept any gift if the condition Attached thereto by the person makingthe gift are consistent with functions of the Authority under the law or contrary or any law o r regulations for the time being in force; (s) Subject to the existing regulations and other legislation, honour, adopt and execute all existing bilateral and multilateral agreements, memoranda of understanding, cultural obliga­ tions, including executing prnject and program­ mes with foreign countries non-governmental organisations and individuals; and .. (t) the Authority shall have the power to delegate ' some of or any of its functions to any body' or · organisation on such terms and conditions as · it may be determined; PARTVI PRINCIPAL OFFICERS OF THE AUTHORITY 14. The Principal Officers of the AuthoriLy shall be:­ . (a) The General Manager who shall be the chief executive ofthe Authority; (b) The Director of Laboratory Services and Environmental Technology; (c) (d) The Director of Planning, Research and Statistics; The Director Monitoring, Enforcement and Compliance; (e) Tlw Director of Finance and Supply; (i} 1 : .c Dieci,ir of Personnel Management; (g) Company Secretary/Legal Adviser; and (h) The Chief Internal Auditor. 15. (1) The Executive Governor may upon such terms and conditions as he may deem fit approve/appoint a person to be the General Manager and Chief E'xecutive of the Authority. {2) The General Manager shall be responsible for the · day-to-day execution of policy and the general management of the · business ofthe Authority and shall catty out such other functions as may be directed by the Governing Council from time to time. PARTVIl APPOINTMENT OF OTHER STAFF 16. (1) The Senior Staff on Grade Level 07 to 1~ shall be ;ippoinkd and promoted by the Senior Staff- Appointment and Pwnwli(,11 Committee, while. the appointment and promotion of :;taff nn c;,·,idc L,-vcl 13 and above shall be subject to approval of :: ,,; (.,,1 -,· .1: :r '" ;h,,: ;.;,:.ommcndation of the Governing Council. (2) The power to appoint staff on Grade Level 01-06 shall vest in the General Manager, but this function may be exer­ cised on his behalf by the appropriate geographical spread of the State. (3) The Authority in accordance with its needs may recruit and accept transfer of technical and professional staff from any arm of the public and' private sector so long as such services may meet ·the Authority's professional criteria for the services for which they are engaged or transferred. Appointment of General Manager. Appointment of other Staff. 17. Subjec;t to the provisions of this Law, the conditions of. Conditions of service of staff to the Authority including rate of remuneration, scale Service, of salaries, contract appointments and other conditions of service, shall be determined by the Authority in accordance with govern- ment guidelines. " Envi1 the C mem thefi No. 7 of 2010 td td Appoinnnent of le General Ma.."1.3ger. l~ 1e lS ,e .d )f )f 16 r- 1e .y n :s >r >f .e l- ~ Appoinnnent of otl1er Staff Conditions of Service. -~o1:7,of2010 Kaduna State Environmental Protection Authority.Law A 47 . .- , .,; Technical Sub-Committee. 18. (1) There shall be established a State Committee on Environmental which shall cousist of a Chairman·who shall be the General Manager of the Authority and the following as members:- (a) all Local Government Council Chairmen; (b) Representative of Manufacturers Asso­ ciation of Nigeria ; (c) (d) (e) (j) Representative of National Association of Chamber of Commerce, Industries, Mines and Agriculture; Representative of Non-governmental Organisation relevant to Environmental Matters; Four eminent scientists to be appointed by the Executive Governor; and A Secretary to the Committee who shall be a staff of the Authority; · (2) The State Committee on Enviromnent shall have· the following functions:- (a) Assist and advise the Governing Coun­ cil on the policy formulation and implementation; · (b)- Assist and advise the Authority on the technical environmental matters; and (c) To hold consultation with the Manage~ ment of the Authority for the purpo se of compiling and submission to the Governing Council for onward transmis­ sion to the Executive Governor annual report on the state of the enviroru:Iient which· shall reach the Executive Gover­ nor not later than 3 I st day of December of each year. ·, 19. (1) The State Committee on Environment shull set up,a Technical Sub-Committee or Sub-Technical Committees as maybe desirable to deal with, advise and report to any techni­ cal or scientific matter referred to it by the State Committee on Environment. A 48 Kaduna State E nvironmental ProtectionAuthortij, Law No. 7 of 2010 PART VIII OFFENCES 20. (1) The owner, caretaker or occupier of any tene- ment within the State s:\lall:- · (rz) keep clean, neat and free from odour '., t,ch tenement and the surrounding thereto; (b) · cut overgrowh grll)lses and trim flowers and hedges and keep them neat within the surrounding of the tenement; . (c) keep his tenement and surrounding . thereto free from weeds and poisonous plants; and ( d) ensure that drainages are provided at the frontage of every development; (2) Any person(s) who contravenes any of the provi­ sions of this section is guilty of an offence and liable on convic­ tion to a fine of not less than N2,000 or imprisonment for a k : 11; 11 f one month or hoth. (:1) Where the tenement is a government building the , . ;,;;,•. : .·~on,,:wnd the ejection of the occupier who has been convicted of any. offence under this section on the three consecutive occasions; and (4) If any child contravenes any of the provisions of • this section, the parent, guardian or such persons charged with the custody of the child shall be held liable for the offence and dealt with·accordingly. 21. The· owner of any undeveloped plot in a built up area who fails to keep it clean and tidy or free from overgrown grasses is guilty of an offe~ce and liable on conviction:- (a) to a fine of not less than N2,000; and (b) . to the cost of clearing 'the overgrown grass by the Authority. 22. (1) .No person shall:- Offences Relating to the Owner, caretaker or Occupier of any Tenement. Offences relating to Owner of undeveloped plot. Offences relating to growing or rearing of animal in a built up area. ' No. 7 of 2010 Offences Relating to the Owner, Caretaker or Occupier of any Tenement. ) ffences relating to )wner of undeveloped ,lot. 1ffences relating to ~owing or rearing of 1imal in a built up , ·ea. ' . ,.,, •.,; , .... , .... .... t . .. -....~•,... .~.;-' J.---..J, ,<:...;.. . ~ -~ .. ........ . !... ~ · . . . : ;.. ' ;. ,',l':I . i;;,;: 7--of-2010 Kaduna Statf Environmental Protection Aµthority Law A 49 ·.\;:, .... , , .. - . ' . Oftencei relating to l,;:eeping of animal~ etc. Offences relating to operation of machine. ·. (a) . grow, in his garden or such surrounding area, crops other than vegetable in any built up area; or (b) cause or allow within a built up 'area, the rearing of animals or birds i.e (Cattle, Poultry); (c) any person who contravenes the provision of subsection (1) of this section is guilty of an offence and liable · on conviction· to a fine of not less than N2,000 or imprisonment for a· term of one month. 23. (1).Any person who:- (a) rears or keeps animals or birds likely to cause environmental nuisance such as offensive odour or noise or.neglects , or fails to confine the animals or birds in his premises; or . (b) uses firewood to cook openly within his premises which may constitute a nuisance within the surrounding of (c) his premises; or · · uses or causes to be used an unautho­ rized piace:: i. · For the sale of alcoholic drinks; ii. · As a restaurant; iii. As a hairdressing or barbing iv. salon; · For such other commercial acti­ vities; is guilty of an offence and liable on conviction to a fine of not less than N5,000 or imprisonment for a term oftliree months or to both such fine and imprisonment. 24, (1) Any person who:- (a) · operates any machine that causes nuisance; or A 50 Kaduna State Environmental Protection Authority Law No. 7 of 2010 (b) plays music in a maTI11et which consti- . tutes a nuisance to his neighbo,urs; or (c) makes noise through the use of external bell, or loudspeakers in any premises which constitutes a nuisance; or ((U produces smoke or noise to a level dangerous to human health, is guilty of an offence and liable on ·conviction to a fine of not · less than N2,000 or imprisonment for a tenn of three months or both. 25. (1) The discharge md disposal of waste within the State shall be at areas designated for such purpose by the Authority. (2) Any person who contravenes the provisions of subsection (1) of this section is guilty of an offence and liable on conviction to such penalties as are prescribed in the Hannful Waste (Special Criminal Provisions) Law 1998. · 26. (1) Septic tank and sewer lines shall be located only in authorized areas within the State. (2) Burials shall be at designated areas of settlement O) Incinerators shall be constructed or used only with the written approval of the Authority. · (4) Any person who contravenes any of the provi­ sions of subsection (I), (2) or (3) of this section, is guilty of an offence and liable on convict10n to a fine of not less thanNS,000 or imprisonment for three months· or both. , 27. (1) Any person who excavates or removes any silt, earth or m~terial in the process of either constructing or repair­ ing an,y drain and other similar works, within the State shall be required to carry away such silt, earth or other material to an a pproved designated dumpsite of the Authority. (2) All construction debris;· or waste shall be properly disposed of at places designated by the Authority for such purposes. , -., -.: ,- ~-~ -~. - ·.- . -- : . ., ., Offences relating to discharge of waste. Authorised places for septic tank. Burial places. .::'.' , 1 .. , ope app autl tion ofn otht suh: offe ori1 witl COit ·,con: velr this sior · offe s01:iJ m ar prcr COil' ' 1 ~~:-:!t~Suhi . ~!rf8~ C ·,: .. ,,• -one· m ar. ;the . aw No. 7 of 2010 ti- or ,al es · el ot or 1e 1e of le ul ly ut th i.- ID )0 It, r- JC m .y :h Offences relating to discharge of waste. ·V<r. Authorised places for septic tank. Burial places. Excavation of earth. Driver of conunerciai · vehicle. Public conveniences. Waste generation. Kaduna State Environmental Protection Authority Law A 51 (3) No person shall excavate [iterate, sand or operate a quarry ,on the site in the State without the written approval from the appropriate government department and authority. · ( 4) A vehicle carrying ]iterate, silt sand or construe­ . tion rnat~rials shall be required to be covered to avoid littering of roads or other; public highways and endangering the lives of other road users; or · . (5) Any person who contravenes the provisions of subsection (1), (2,), (3) or (4) of this secti'oµ is guilty of an offence and liable on conviction to a fine of not less than NS,000 or imprisonment for a term of six months or both. 28. (1) The Driver or owner of a commercial vehicle within the State shall provide a dustbin in the vehicle foruse by commuters. (2) Arty fo1m of littering from a moving vehicle constitutes an ·offence under this law and the driver of such vehicle is liable on conviction as specified in sub-section (3) of this section. · (3) Any person who contravenes any of the provi- - sions of subsection (1) or (2) of this section is guilty of an offence and liable on conviction to a tine ofN 1,000 or impri- . sOilll.ent for a tenn of three months or both. . 29. (1) All owners of tenement, Petrol Stations, Super- markets, Cinema, Bouses, Restaurants and other similar premises within the State, shall provide and .maintain public conveniences for the customers, (~) Any person who contravenes the provisions of · subsection (1) of this section is guilty of an offence and liable . on conviction to a fine ofNS,d00 or impriso~ent for a term of one-month or both. (3) Where the default subsists, the offender shall be liable to an additional fine of NI ,000 for every ,lay of offence · subsists. ·30, (1) Any person who, within the State canics on a manufacturing operation or business in any premises shall cause · the wastes. generated fro·m the premises to be treated in . accordance with national guideline as may be approved by the State regulation. · A 52 Kaduna State Environmental Protection Authority Law No. 7 of 2010 (2) No person shall dis~harge or cause to be discharged raw and tintreated waste, or human waste into any drain, water course, gorge, stonn water, drainage or iato any land or water. (3) Any person who generates liquid waste shall be required to provide suitable holding tanks fromw'hich the waste slmll be c~rricd for disposal. (4) '\ ,y person who dumps domestics, construction, co1ll111c1cial, in<lusLrial or hazardous waste in an unauthorized area or site is guilty of an offence under this Law. (5) Any person who stores or allows to be stored in his tenement industrial or commercial waste or goods which is likely to. cause. a health hazard is guilty of an offence under thts Law.· (6) Any person who contravenes any of the , provisions of this section is guilty of an offence and liable on conviction to a fine of not less than Nl,000 or imprisonment for six months or both. 31. (1) No person shall:- (a) cause or allow the discharge or emission of any contaminantinto the environment · in any part of the State, which is likely to cause or tend to cause •air polluti6n, or is in breach of standard specified by t:,e Ka<luna State Environmental Authority. (b) (c) (d) construct, install, or. operate any equipment, facility, vehicle vessel or aircraft capable of causing or contribu­ ting to air pollution; or burn or cause to be burnt tyres, cables, waste or refuse of any 19.nd within the . State without obtaining a written permit from the Authority; or . sell offer for sale or use any fu'el or inflammable article in any unauthorized area. ''!;,'" ----~; •• ,. w . . . . -,:,;;.t:,;:;~\:;r-·,·, .. · :~-. ·~ .. ~· . ;::· ·.,. ~!··:, 1~~:~t+·}~ii1iii " ,:· Offences relating to contan;tination of air, Pollution. sions. liab!( imprj sior and imi: 'Law No. 7 of 2010 > be any any '.I be aste lOU, .zed :i in his .ider the :on .cnt ton cut ely cm, by tal ny or ,u- he 1i t or ~d Offences relating to contamination of air, Pollution. · 'Htof2010, Kaduna State Environmental Protection Authority Law A 53 -Offences relating to destruction of property of the Authority. (2) Any person who contrave'nes any. of the provi- . sions ofsubsection (1) of this section is guilty of an offence and liable on conviction to a fine of not less than NS,000.00 oz . imprisomIH~nt for a term of six months or both. , 3:2.. (1) No person shall:- (a) {b) (c) (d) use Ga.malin 20 or any herbicide.s or. - ·" chemicals for any purpose in river$, -. ~- lakes, streams and other water body within the State without t he prior J written approval of the Authority . . · ·: · - deposit any contaminant upon the iand in any place or manner as to create a water pollution hazard; or contaminant into the water course, or. construct or install any sewer, or sewage treatment facility or any outlet' in a manner which is capable of causing water pollution, or by any act or omission do anything . capable ofaffecting the quality of water from any of its sources. (2) Any person who contravenes any of the provi­ sions of subsection (!) of this Section is guilty of an offence and liable on conviction to a fine of not less than NS,000.00 or · imprisonment for a term ·of six months or both. 33. (1) No person shall remove, destroy or tamper with any property of the Authority including the waste management dustbin. (2) The owner or occupier of a tenement shall:- (a) keep the dustbin supplied to his tern:­ ment by the Authority in goo<l condition; (b) - pay such amount as may be prescribed, from time to time, by the Authority for the dustbin; and (c) replace the dustbin when destroyed. A 54 Kaduna State Environmental Protection Authority L~w No: 7 of 2010 (3) No person shall burn or cause to ·be burnt the content of any dustbin or any other receptacle contairiing ·any · refuse. (4) The owner or occupier ofanytenemertt'shalt·pay· · his w,t:; lc disposal fees as at when due to the Authority. ,.· ('.i) Any person who contravenes the provisions of i,uhsc·ciicn (1 ), (::), (3) l'r (4) of this section is guilty or an offence and liable on conviction to a fine not less than l\11,000.00 or imprisonment for a term of three months in addition to the payment of any amount which has bec~me due and payable under this Law or any regulations made thereunder. 34. (l) Any person ,tyho;~ · (a) drives or parks on any drainages siab, ,walkway or landscaped areas; or (b) walks across parks, gardens, flowers beds, or any·Jandscaped areas; or (c) grazes in a nursery site; or . (d} urinates or defecates in an unauthorized , or open places; or (e) destroys flowers and omrunental plants; or (f) uses a walkway · or drainage slab · as drying pad for agri,cultural produce or any such article; or (g) exhibits any light for advertisement, security purpose or any other purpose which is capable of constituting a sight hazard to traffic or other pedestrians; or (h) litters any streets, open, space Or tenement; (i) keeps, deposits, or leaves on any streets highway or public way any vehicle Offences relating to parking on rl1e side walkway. . whether serviceable or broken down, sand, stone, gravels, laterite, timber or any other thing in any man1wr .capable . of destructing the.. flow of traffic or (b) ,. I (a); \To. 7 of 2010 ffences relating to 1rking on tl1e side afk way. '1 qf,2910. Kaduna State Environmental Protection Authori Law A 55 . causing the easy flow of water onto the highway or street or side -thereof or · capable of hindering, or affecting the use by members of the public of such street, highway or public way, is guilty ofan offence under the Law. ,,. . .. ,i " . . . . (2) Any person, who contravenes the provisions of sub- ction (1) of this section is liable on convictibn:·- (aF ih the case of paragraphs (a} - (h), to a . · · fine · of no.t less than N2,000.00 or imprisonment for a term of nine months; and (b) in the case. of paragraph (i}, to a fine . of not less than Nl, 000.00 or imprisonm­ ent for a tertb. of three months. ' · 35. (1) Any person, who,- (a) sets fire to the bush other than on his farm · for purpose of farming; ·or · (b) poacheS", hunts or cuts trees within the · · State without lawful authority; or (c) farms, or fishes or lives within the forest or wildlife reserves without lawful autho­ rity is guilty of an offence under this Law. Bush burning. (2) Any person who contravenes any of the provisions of subsection (l).ofthis section is liable on conviction to a fine of . -~--• N5,000.00 or imprisonment for a term of six months or-both. -.~ ; 36. (1) Where an offence under this Law which has been Offences relating •;,. -c:'onunitted on the instigation or· with the connivance of or is to instigation. · .. attributable to any neglect on the part of a Director, :\fanagcr, · :secretary, Head of Branch or Project Manager or other similar Officer of the corporate body or any person purporting to act any .,;.· such capacity, he as well as the corporate body where practicable, shall be deemed to be guilty of that offence and liable to be proceeded against and p~shed in accordance with this Law. (2) Any person who engages, instigates, aids facilitates or conspires with another to do a thing or act in anyway prohi- A 56 Kaduna State Environmental ProtectionAuth;rityLaw No. 7 of 2010 bited by the provisions of this Law shall be deemed to have committed the same offence and liable to b'e de.alt with accordingly. 37. (I) Any person who:- Offences relating to dumping of (a) disposes or dumps any refuse or domes• waste or refuse. tic waste in any place other than in a d1:~ignatcd place for dumping such refuse; .. or (b) • disposes or deposits in an open • drain . anything capable of .obstructing a free .and uninterrupted flow of domestic effluent; or (c) posts bills in any place other than on bill boards ·or m·any manner which may hamper the beauty of the environment; or (d) sells 'Or displays or hawks for sale any goods or article of ,trade in a road junc­ tion; or any other unauthorized ?lace; or (e) erects or constructs any house, shed, kiosk or any. other structure irr an unauthorized· place or in contravention of any plan or· design prescribed by the appropriate ~11thority; or (g) (h) (i) fails, neglects. or refuses to participate in any sanitation exercise lawfully autho­ nzed by the Authority; or fails to keep to the restriction of move­ ment to sanitation days within the hours specified to the exception of persons on essential services; or · carries out any activity or anything which, in the opinion of the Authority amounts to degradation of the environment; or . ' carries on the business of waste collection or disposal without accreditation or the .authority of a license issued by the Authority. · · · ofs1 ~ect1 byo o:ffd auth this . me!I misl1 orpe is m N5,0 out a resei. this I ofN; ·· 1iabh funct w No. 7 of 2010 ve th Offences· relating to dumping of :s- waste or refuse. a e· ' lll ie ic n, y ,r y ·i!. ,r k :i r· e ~ :t of 2010 Kaduna State Environmental Protection Authori Law A 57 Unauthorized acts. · Act done by the sraff. (2) Any person who contravenes'any of the provisions of subsection (1) of this section is liable on conviction:- (a) in case of paragraph (a), (b), or (c), to a fine not less than N5,000.00 or imprison- 1nent for a tenn of six months; and · (b) in the case of paragraph (d), (e), (f), (g), (h), or (i) to a fine ofN5,000.00 or impri­ sonment for a tenn of six months or to both such fine and imprisonment. (3) For every contravention of the provisions of this section and· for every omission to do anything required to be done by or under this Law for which no other penalty is provided, the offender shall be liable to a-fine ofNl,000.00. 38. (1) A memlJer of staff of the Authority or any person authorized by the Authority to carry out any ofits functions under this Law shall have power to:- (a) enter into any premises between the hours ' of six in the forenoon and seven in the notices, arresting an offender, seizing of any goods, items or vehicles, confiscating, auctioning, destroying any nuisance; and (b) do anything necessary or expedient in his opinion to give effect to the provisions of this Law. (2) Any person who insults or manhandles any member of the staff authority in the course ofhis duties, obstructs, misleads or does Anything likely to obstruct such member of staff or person from carrying to effect any of the provision of this Law is guilty of an offence and liable on conviction to a fine of NS,000.00 or imprisonment for a tenn of six months or both. 39. Any person who, not being lawfully authorized to carry · out any function under this Law by the Authority or who misrep­ resents himself as having been authmi zcd to enforce any part of this Law is guilty of an offence and liable on conviction to a fine ofN5,000.00 or imprisonment for a term of six months or both. 40. A member of staff of the Authority shall not be held liable for any act or thing done by him in lawful execution of his functions under this Law. A 58 Kaduna State Environmental Protection AuthorityLtt.w· No. 7 of 2010 ' 41. For the purpose of enforcing tliis Law, ·any autho- Power to inspect. rizcd officer may, without a wartaJit:- (a) require to be produced and examined copies of any license, pennit, certificate or other documents required under this Law or any regulations made there under; or · (/J) . require to be produced and examined any appliance; device or o~er ,items used in relation to breach of environmental protection. 42. (I) Any authorized officer, where he has reasonable ground for believing that an offence h,as.been cm;nmit~ed under this Law or any regulation made thereunder, may ;without a warrant:- (a) enter and search any la~ci, buildin~, vehicle, tent, vessel, floating craft or any ·1.nlapd water or other structure wh~tso­ ever; or (b) . perform tests and take san1ple from any siibstance relating-to the offence which are found on the land, b~ilding, yehicle, tent, vessel, floating craft of any inland water or, other structure whosesoever, search pursuant to paragraph (a) of this subsection; or · (c) arrest or cause to be arrested any person whom he has reasons to believe has committed such offence; or ; . ( d) seize any item or substance which he has reasons to believe has been used in the commission of such offence. . (2) A written rerteipt shall be givenJqr .~ny article or . material seized under the above subsectio'n ( and the grounds for · such seizure) shall be stated on ~uchreceipt. ' ·.- · ," 43. Arty person or body/corporate Who:- Power to search, seize and arrest. Col]lOrate liability. x'Ji.I-:,:/ ~"· -; ·::-!'"'"· . ... . :"t".i:.'(-- ~ ' · •' : ..... ·, ·.,,, Invitation to suit against the Authority. aw No. 7 of 2010 10 Power to inspect. .ed i.te 1is ,re 1y in al I e Power to search, seize and arrest. ~~- a T ,, y y 1 Corporate liability. Officer not in \lllifonn. Invitation to suit against the Authority. Execution of judgment. Staff of the Authority are exempted from any inability. ·(a) (b) willfully obstructs any authorized Officer , from performing his duties under the Law · · or any regulation made, thereunder; or ., fails to, comply vtith any lawful inquiry or requi~,ements . made by the: authorized . officer in accordance-with:the provisions of this Law, commits an offence and shall ~ on conviction. be liable to a fine of Nl,000.00.or impriso~ent for a tenn ·. of one month or both. .44. (1), Any authorized officer, not in uniform acting , und~r .. the pro':'ision o(this law, shall, on demand, declare his office and produce' to any person against whom he is taking action .such identification or written authority as may be sufficient to show that he is an authorized officer for the purpose of this law. (2) It shall not be an offence for any person to refuse to comply with any request, demand or order made by any authorized officer not in uniform, ~f such authorized officer · refuses on demand being. made by such person, to declare his office or proquce such identification or written authoi:ity. •. 45, No suit against the Authority, any authorized officers · or members of the Authority or any employee of the Authority for any act done in pursuant or execution of any law, or of any public duties, orin respect of any alleged neglect or default in the execu- . tion of such law, duties or authority, shall lie or be instituted in imy court unless it is commenced within twelve months follo­ wing the act, neglect or default complained of or, in case of a coritim:iance of damage or injury within twelve months following the ceasing thereof. 46. In any action ot suit against the Authority no execu­ tion or attachment or process in the nature therefore shall be against the Authority ~ut any su.i.ns ofrrioney by way of judgment of the Court awarded against the Authority shall, subject to any directions given by the Authority, be paid from the general reserved fund. 47. Every member of the A-uthority, agent, auditor or employee:shall be indemnified out of the assets civil or criminal, A 60 Kaduna State Environmental Protection Authority Law No. 7 of 2010 if any such proceedings is brought against him in his capacity as such member, agent, auditor or employee as aforesaid. 48. If a person kn-0wingly or recklessly makes any statcmcn: in purported compliance to furnish information which is false in a particular material, he commits an offence and sh.all on cnnviction be liable to a fine· not exceeding N5,000.00 or imp;sn,m1•~nt r,ir a term not less than six months or both. 49. Any person who contravenes any provisions of this law or any regulations made thereunder commits an offence and shall on conviction, where no specific penalty is prescribed be liable to a fine not exceeding NS,000.00 or to imprisonment for a term. not exceeding three months or both. · · · · · 50. Where any offence under this law or arty regulations made thereunder has been committed by a body corporate or by a member of a partnership or other firm or business, every director or officer of that body corporate or any member of the partner­ ship or other person concerned with the management or such firm or business shall, on conviction, be liable t~ a fine not exceeding Nl,000.00 for such office and in addition shall be directed to pay compensation for any damage -resulting for such breach thereof or to repair and restore the polluted environmental area to an acceptable level as approved by the Authority unless he proves to the satisfaction of the court that:- ( a) he used due diligence to secure compliance with this Law; and (b) such offence was committed without his knowledge, consent or connivance. PARTIX FINANCIAL PROVISIONS Reckless Statements. Contravention of this law. Offences relating to body ccrporate or partnership. si. (1) The Authority shall establish and maintain a fund Funds. from which there shall be defrayed all expenditure incurred by the Authority. (2) There shall be paid or credited to. the fund:- .· (a) Such money as may be appropriated from time to time to the Authority by the Government of the State; , No. 7 of 2010 lS y :h 11 ,r is d ,e a :S' a ,r n g y ,f n 0 e s Reckless statements. Contravention of this law. Offences relating to body corporate or partnership. Funds. :,;~g.7 of2010 Kaduna State Environmental Protection;J.uthority Law A 61 (b) all money that may accrue to the Authority by way of loans, endowment, grants or gifts; (c) Money raised in any appropriate manner for the purposes of the Authority; ( d) Interest accrued on money invested by ·the · Authority; and (e) Such other fonds .sums of money or property which in any manner becomes payable to or invested in respect of any matter primary or incidental to the func­ tions of the Aµthority. Disposal of Funds. 52. (1) The Authority may from time to time apply the Keep Record of Accounts. funds at its disposal for:- (aJ the pursuance of all or any of its functions under the provisions of this Law; (b) (c) the cost of its administration; and the remuneration, honoraria of the Govern­ ing <;::ouncil of the Authority or any class . of members ip, respect of their duties under the provisions of the law: (i) the payment of salaries, allowances, gratuities or pensions of staff of th e Authority; (ii} the payment of any taxes, duties or other charges payable by it under any enactment; (iii} any other purpose necessary or incidental to the carrying out-of its functions. (2) The Authority m ay with the appro val of the Governing Council from time to time make grants from funds that in the opinion of the Authority, is likely to enhance the obj ec­ tives of the Authority. 53. (1) The Authority sh all keep proper books of accounts other financial records in respect of its functions. (2) The. Authority shall prepare annual statement of A 62 Kaduna State Environmental Protection Authority Law No. 7 of 2010 accounts for such financial year for consideration by the Governing Council. 54. The Authority shall cause the annual statement of Audit of Accounts. a,count referred to in this Law to be audited not later than 3 months . a :tcr the end of each financial year; by the Auditor-General of the s· ,1 \ N bf nny olhcr person authorized by him:' PARTX MJSCELLANEOUS 55. ( 1) A notice, order, court surnmon or other document required to be served to the owner, occupier or caretaker of any premises shall have ·the' addtess and description of the owner or occupier and shall be. deemed to be sufficient notice if it is delivered on the premises or is affixed in some conspi~uo:us part of . the pr<;mises, . • . . · (2.) A notice shall const~tute a notice in respect of ajoin­ der of parties within the same premises ifthe notice is given to any person on the premises or is affixed in a conspicuous part of tlie premises. 56. The magistrate court or such mobile courts as may be constituted by the Chief Judge of the State shall have jurisdiction over all matters specified under this Law. 57. In a judicial proceeding for an offence under th.is Law or a:·.y n:gnbtiun made un·der this Law the provisions of the C r i :1jn :1l Procedure Code shall with such mo dification as the ci: c1m'c'la•:r,~ mny require apply in respect of such matter to the same cxkr.: aJ thcj' .1pply to the trial of offences generally. 58. (1) Subject to the provisions of this Law the provisions of the Public Officer:s Protection Act shall apply in relation to the suif instituted against . any officer or employee of the Authority. {2) Notwithstanding anything .~ontained in any other enactment, no suit shall lie against any member of the Authority, the Director or any either officer or employee of the Authority for ariy act done in pursuance or execution of this Law in any court unless:- . . . . . (a) it is commenced within three months next after the ayt, neglect of def,iult complained of; or the name of owner: Courts, . Proceeding, Provision of other Laws. r, . the. hefc noti upo sect part inte sen any · Din add1 tion the, dire jud~ oftl or e1 oft} ing , men su d Mer of ti ' Autl Sl.\f / / ./