Environmental Protection Agency Law, no. 14 of 2017

�o. 16 Orlli11a1y Bauchi State of Nigeria Gazette l'ublishcd hy Aulhority llAl'CIII - 27TII OCTOIIEII, 2017 The fcillowin� is p,1blisht,:d :ss Suppfcmcntnry lfl rhis Oa-1.,.cttc: - Vol. -I? 8.-\ � 1.1' '\d. J 6 of20l 7. •A L.,w lo Rept.--:i.l ahc R:.n.&ehi Stale Erwimmnc.nLul Prolcclion 111ul Con . . ,t.•l'\·uti\111 AgL·n1.:) I .:,w l\o. 03 of I W7 uud 1,;, r rtlC'l the: ll.1uchi &Jtc Fm iromni.."flh" Pn,IC\.'.lion.md ,�on.'IC.·na1ion.-\t:t:rH:} L.,,\ :!OJ7anJ fot<'th1.•rc,,Mcc100 r,u1,-.Mc.: '3,auchi StalO ol Nigeria Gazeoo 84320 No. 14 VO i . ,2 27th ()e10ber, 2017 S·upplemenl 8 BA.S.L.N. No. 14 of20l7 A Law 10 Rtpcal the Raucb.i State Environmental Protection and Conservation Agcnc)' Lnw No. 03 or 1997 and to Enact the Baucbi Slate Environmental Pro1cction and ConscrvationAtency Law 2017 l'lnd for- ot.bcr connected pur-pO.iet. Environmcolal Prote<:Uon Agency Law. Re ii ENACTED by the Rauehi S1a1c House of Assembly tLS follows: - 1. 2. 11,is Law may he eilcd as the Environmehtal Protection Agency Law and sh.all be deemed to come into operation on the 21°' day or October. 2017.. In this Jaw unless contcxl othctwise requires: - 14 Agem�y .. me.in$ Uauehi SttHC Environmcnta.l Protection and Conservation Agency Established under this Law. "Ch.alrn,11n .. means the Chairman of the Board of the Agency :is appointed under this Law. "'Chief Judg,c"" incans 1heChier Judge of8auchi Sl.\le. . . ••Mobil-, Court'" mcnns 11 Magistrate Mobile Court assigned 10 try cases or En,..ironmcntal Sanil.ation, illegal felling of trees, and cncrcmchmcnt inlo rorcs1 reserves. "Col\ti1minan1"' 11\eans:iny soltd, li(luid of gaseous material thal adve��ly affec1i any componenl oflhe envi.ronmenl. "'Cowmiuio11er" means Commissioner in charge or Environmcm. "Di.s�·sal" means 1hc dcpos:iling of any waste material unto any component or the environment. "'Envi.:Onmout" include water, air, land, plants, human beings, animals ind the e .n1iro ccosys1em. ucov.crnor"' means the Governor of Bauchi State. "Manatlng Oirrctor" means a Managing Director of the Agency as may be 11pp()intt!d in ;iccordanec with this t.aw. "Plant" mean$ pla,ned or naturally grown trees. "Stnlc'' means Bauchi State of Nigeria. $hurt T1tl�: En1KfntC'lfl: Choli-M111t1J Co,,u""""'''•Mt I I l I I r i 84321 r A.ttllslwfflll ft/' ..,,...,, c"""""°"·'iffll , ,.., Fn�to,u ESTABI.ISHM£NT, POWI\RS AND FUNC;'flON OF TIIF. AGF.NCY 3 (I) Cll 0) 4. (I) (2) (l) $. (I) ·rhcrc is hereby \lllablished in the S111c an Environmencal Pron,c:c:ion and� A.sc:ncy. TheAacncy shall be• body cotponue with pcirpctut1I succession and can 1ue and be $UC!O Na its eotpof'lte name. Th<AF""J' hll be IICQUino end disposcolTmoval>lo and lmrnovtb1c PfOpcrty. TheAgency&hall hive a common scol The common !iCUII or lhc Agency thill he aud,en1.icated by 1ht s.iparurc of 1ho Chairman or tho Agency or some ocher member there.of aulhorfacd by the Agency to act on thal beholfand the slgna1urc of Ille �-ry of Ille Ag,ncy. Jvdlc.ia.J nottCt shall be taken of1hc common seal or !he A;ency Ind any doa,mc,ll po,portina 10 be Ill in111vmcn1 m�do by tho Agency and 10 be sea Jed by 1ho eommoi, rul (purponcd IO be aulhen1ico1cd in accordanc. wioh 1his pat11p1ph) 0(1'1e •gcncyshlll be received in e"'idenc:c .and be deemed to be such inslrumcnt without tbnher proof un)as the contn1ry is showri. • The A&mcy shall haw the following powto andfunctions:• • (qi (b) (c) (d) �chur�uce and llrengthen uniraryinsp�c.tton or promises (House to HouseSanuary Inspection) for detection andnbt1erncn1 or nuisance· ' -·. h-.Ju,y ---· by sa:nha,y solid waste man1gcmcn�; CftSUtiRJ mia .imiu �t gtnen.rion and IOd,ngar source , ptOmoce rtcovtty; 'rcusc.. rccyc,hng and energy ensure ,ate and nuis•nec free d' urban tnd rural do . i.sposaJ of mcshc. medical and B4322 industrial wastes in order1o adequatc,ly prolctt public health during and anercollcclion, transpot1ation. tr eo1mcnt and final disposal� (e) crcntc awareness on the effect or u,,sanitary excreta and scWtl,&C management on the quality or the cnviJ"Onmcnt ,nc1 public health; (/J promote the adopt.ion, construction, use and maintenance of culturally aeccptab1e ,anhary excreta and sewage manag,emcnt systcrn; (g) prevent the conu,mination o( environmental media (soil, water, rood, etc.)� (h) pr<lfnote cnvironrnental ae.,;thctics; (i) orcotc, maintain and enforce adequate standards of sanitation in 1111 markets and abattoirs: (j) rccruit. lnlin and retrain adequate numbers of cnviroomontal health officers,and veterinary practitioners to cover the entire state; (k) cslablish and stnmglhcn pest and vector control unit al the Local C.ovcmmcnl Headquarters of1he Sta1e� (/) control �• and vcctorS in households, officers, food premises. indus1rics, agricultural fanns and the cnvironmcnl in s,enel'al: (r,t) establish survciHance mechanisms for monite>rint toxic effects of peMic::idcs oo 1hc ecosystem and public hcallh; (n) �11blish and S1rong1hen surveillance mechanisms fw 1noni1orin& p¢$1$ and vectors In 1he environment; (o) promote conditions at schools as well as the practices of school staff and chikl.re:n that will prevent sanilatjon related diseases; (p) bring about positive changes in hygiene behavior or school children .1nd parenls through their childrc:n, i:n the community; (q) encourage the provi:Si� of safe recreational racilitics in schools; (r) eocourage school compliance with stipulaled sanitary standards for schools; (s) protect school ehiklren rrom hazards and ,msanilary surroundinQ,S; (t) protect existing trt.es, in the state-; (u) prosec.ulc ownors of roaming animals that destroy seedlings or tree$. 134324 (d} Ocneraliy investigate and aseenain all violation of this law and any refcvant rules and regu1ations under this Lt1w and the 1cttns and conditions upon which any pcnnit is granted by the tigcncy nod lake or cause to be taken appropriate, legal and penal remedies to prevenl. remove, or rehabilitate any aspect.of the environmcnl and sa.nhatlon tbal has been violated or degraded: (c) At all reasonable times cnler upon or have access to any public or priv,uc. property or premises for the purpose of inspecl .ing rind invesdgating for 11sccrtainin g any violations or potential violations of the environment and sanitation Law and regulations; (g) ts1ablish and maintain clo$C liaison and linkages with major research and scientific institutions., professional associations, cx1>ens and consuhants as well as governmental and non - govcmmen1al organizations in the field cnvironmcntj (h) Honor, adopt and execute all existing bilateral and multilateral agreements, memorandum ,of undcrstandlDi, cultural obligatio1,s including entering into mutually beneficial joint venture with in1cmational agencies, non - govommcnu1I organi?.ation, private voh1n1ary org.anit.ations end individunls; {,) (i) Rei;earch, collect and collate information and rc-sc:i.rch findings in various environmental disciplines; Store information, develop libraries and ardlivC$ and to devclOp and maintain a date base one environment; (It.) $1imulJ\lc public interest on enviro11mcn1 by dlssemimuion or inforination, organization of lectures and seminars, public awareness campaigns and generally encourage, spof\sor environmental education programmes in schools, mass media and other fonn.al and informal sectors. (/) Sponsor and conducl tr.aining programmes ror industrial, commercial and public instihdions and to recruit and train s:initary, engineering manager and environmental c,ctension workers ror the purpose or effective m obilizacion or the public cowards environmental education :ind awareness; (m) \Vilhout prejudice to provision of paragraph (c) relating to enforcement powers under this Law to prosecute or causl,) to he prosecuted any violation of this Law or any regulations under this Law or any other enactment; B4325 fJJabllJltm4nlo/o 6. lloord /or 1h4 Ai,,'tncy (n) Establish zonal officct throughout the state and to constitute joint c.onsultative committees with the Federal a.nd Local Govcrnmencs for the purpos.e of operating, administering and enforcing the provision of 1his L-aw and rcgu1a1ions and enactments re1,ting to the environment generally� (o) Without prejudice to the provisions or the existing Law relating to solid waste management, the agency shall establish op-crntional me<:h11nisms for refusecollection, t.ransportation and disposal in con ju.net ion with Federal and/or Local Governments or any other agencies as may be nc:ccs�ry: (p) Advise the Governor on local, nadonal and international environmental policies and priorities on scientific and techno1ogical activities and dcvclopmenl relating to 1he environment� (q) Without prejudice to the provisions or nny Federal, State or Local Governments enactment, lhe agency shall abo be rcsp0nsibl1 for 1hc iSSlUt.nce of Environmental Impact Assessment (E.I.A.) certificate for all major projects includirlg road conslruction, dam, irrigation projects, housing and Industrial cst acci, recreational projects public buiJdjngs to ensure that they confirm to environmentaJ standards as may be set out from time to lime by the agency: (r) Without prejudice to the provisions or any other Law or enactmcnl� the agency shall have power to impose tax�, ban or place embargo on p�uccrs or retailers of goods an·d services that directly or !ndircctly conlribuce lo refu$C gcncrauon '" and or degeneration of the environment There i s. hereby established for the Agency a Board withc:ompos1t1on as follows:• {a) Chairman who shall be lhe Commissioner resp0nsible 7. 8. 9. {6) (c) (d) (/) (I) (11) (I) 0) (kJ (/) ror Envimnuwnt 10 be appointed by 1he Governor; Rtprcstt111t1ive of Mlnlsuy of Environment; Reprcscnt11ivc of thc Minislry of Works and Housing; Rcp1'CSenlative o( the Miniscry of HcaJt:h; Rcprcsen1acivc or the MiniStryofCoounercc and Industry: Rcprcscn1111ive or Minis1ryof Land and Region-al Planning; R.tprc$C11laCivc of Minis1ry ofWa. ter Resources; Rcprescn1a1i..,e of Min,stry ror Loe.al Government� Rcpm1c,u11civc of Ministry of Jusaicc:; Kep�se:ntativc of Non -Govcm1ncntal Organillt ions; Four 01hcr persons or unquc.stionable charac.tc r to be appointed by the Govcmor, two of which shall be womco. The Dinx:u,,-�,,.,,.J or theA,cncy wl>o •ball serve u the S.crcllry or the Boord. ll4326 The Ch11innan and mcn,bcri or the Boatd other than ex-off1ek, Tuir,• members ,hall hold office at the Instance and plcas\lrc of tho M,mbfrs Oo- roun initial period of the duff years and shall beelig,'ble of for rc-app()intmcnt of another tem, of three years onty . (I) . The: Agency shall hold toeullr meeiings which Jhall be r,rcsidod over by the Ch11innan ind in his abse:nce. the members p,esent ,lull choose one or their mem�rs to be 1hc Chainmi.n or1hat meeting. (2) The govcming Do:lrd sh11II hold 11 JeaS.f one meeting each qu:.rtt.'T and such other mee1;na,s as 1.bc Governor may ditcc1. Th• GoV<ming Board shill have the following po wctS:• (a) Be rdponsible ror fonnation of policy and the general managcment o( the agency an<! shall ad,,is, the go.., on all policy m,.ttcrs. In du: exercise or 1hc$c powers, 1ho board shall no< be ••Pied in the day 10 day man1;cmcn1 or the aaency. {6) Exm:isc on behalfo(the�cncy the powc,.eonferred on the 1gency by section S of this Law and I ny ochet cnoctmcnt In 11111 bchal r. .. hoeu#i•z, •I IINA,:fllK'f B4327 t,tnlt: Cr,mMltrt.r Io. mt ,-;,,11/M'lllltnl (c) Delegate as case may be all or any of its powers noc exclusively to be exercised by the board ilself to cornmiuc.cs of the board, Chairman or 1hc Oireccor - Oenenl as the Board tnay 1hink fit. (d) Ad'visc the Governor on the appointment of State committee on Environment and Technicnl Sub­ Commh1cc� (t) Make rules and regulalions for the purpose of exercising any of its - respe.c1ive functions or regulating ii$ own proceedings. (I) Tllere shull be established a State Committee on l;nvironmcnt which shall comprise tho following members: (a) DircGtor - Ocneral of the Agency to serve as Chainnan; {h) Head or Department (HOD) Woter and Snnitatfon from all Loci,I Oovcmmcntsj (c) Rcprescn1a1ivc of Manufaclurcs Association of Nigeria; (d) ReprC.Sentativc of the National Associ.a1ion of Chambers of Commerce, lndus1ry1 MiOQ'i and Agricuhure; (e) Representative or Ministry or Wornen Affairs; (/) Rcpresenlluive of Environmental Non - Governmental Organisation.st (g) Representative or the Federal E.nvlronmcnlal Pr()(ection Agency; {h) Representative of the Ministry ofEnvironmc01; (1) Representative of Council of Ulama; OJ Four eminent persons to be appointed by the Governor; (le) Represen1ative or the Emirate Councils; (1) The $ecretary/Legt1I Adviser of1he Agency shall be the Secretary of the Committee.. , (2) II. (I) (2) The Cornmiuec shall have 1hc following runc1t0fls:- (a) Assisi and advtse the Ooverning Board on the formulation and implcmcntalion of cnviromnental policy mauers; (b) Consultation with the management of the Agtflcy to compile and s:ubmit to the governing Board far onward transmission and advise to the Governor nn Annual Rcpon on 1he Stateoflho Environment which s.hall reach the Board and the Governor not later than the J t • Day of'oeccmber each year; (c) Assist and advise 1hc agency on technical environmental mauers. There is hereby established a Local Government Commhtec on Environ.men, which shall consist of the followins mcoibers;- (a) Hcnd of Department, Wa1erSani1.Atlon in the Local (iovcn1mcn1; (h) All District Heads in the Local Government: (c) Chairman or all self - help group in tho Local Government; (d) Chairman of Traders A!ISO(;iatlons in the Local Oovcmmonl; (•) Four religious Jeadcrs in lhc Local Oovemment: (I) Ocpury Head of Department Water :,nd Sanitation of1ho l,ocal Government as Secretary. 1'hc Committee shall have tJ1c following function-s:• (a) A,si,;t and advise the State Committee on the formulation and implcmt.ntallon of environmental policy matters; (bJ Consuhation with other scakehofdcrs o n environmctn foradvi.se ahd SUMC$1ions on the wt1y fotward to make the environmcnl cleaner and safer. (c) Assist the sanitary and eogineerin& managers. inspcc-tors on their duties and ensure compliance with any regulat ions on the environment 84328 Fuitt.rfo,u local Gowr,u11�n/ Co"'"'i"H"" En�lroMWt>t. 84329 T«lmicol Srtb- 12, The State Committee on Envi<0nmcnt may sel up a Technical Cmtt.111/tru Sub-Committee or sucfi Technical Su6 - Committoe as may be desirable to deal with. advise and report on any l�hnlcal or scicnl.ific matter referred co it by tl1c State Commiuee on Environment. PART rn - PRINCIPAL OFFICERS OF THE AGENY f'rlnc/po.t 13. 111c principal officel's of the Agency shall be:-OJP«n of llu: A,,.ttey (a) The Oircc1or - Ocncnil wflo shall the Chief Executive of the Agency; (b) Director of Monitoring. Enforcement nnd Compliance; (<) Director or Envimnmcntnl ConservationlMnnpgcmcnt; (d) Direc1or of rlnnnins� Research Evahuuion nnd Inspection; (t) Director of Finance :ind Supplies; {f) Oirec.tor of Personn,cl Management; (I() Sccrctmy/Legal Adviser. /Jil't'CIOI' - 14. (I) The Governor may up<Hl recommendation of 1hc �Jttrol Commissioner appoint a Oircc:10<- General and Chief Execu1fve 10 th�Agcncywho sh.all bea person having a recognized qualification in environment related field and mu,1 be ro qualified for at leasl 10 Y..rs. S of which must be in cnvironmeniafi management field. (2) TI,c Oirec:tor -Gencnil !hall be re!ponstblc for the d.iy - to - day execu1fon or p-olicy. gene,aJ management af the business of the Agency and shall carry out 01hcr functions as may be directed by lhe. Governing Board from time - 10 - time. ()) Notwithsta.nding the provisions of sub - sec1ion (I) of ,this section, 1he Director - General shall be appointed for a term of four yearS and shall be eligible for re• appointment for a like tcnn only. f.Nrcct(N" r>/ JS, The Oircctorof Monitorin&, Enfo�cmcnt and C<>rnplianec shall J.ltWtitorhtg £,rfnrw1,nMI and be responsible 10 the Director - General for the Monitoring. C:nwtp/ltuttt Enforcement and Compliance EBvi:ronmcntal Heallh with 1hc- provisions of this Law, regulations and any other enactment 16. 17. 18. I?. ?O. ?I. The Director af Environmental Engineering Services shall be rcspansiblc to the Direc.tor General (or all environmental and conservation functions of the Agency. The DirCC.tnr of Planning, Research and Evaluation shall be responsible to the Director -Ge.nc.ral for a11 environmental planning.. research and evaluation in accordance with the rrovisinns of1his Law. The Oirc<:tor Personnel Management shall be responsible to the Director - General on Personnel establishment functions of the Agency. The Oircc.tor offinPne<:: shall be responsible to thc- l)lrcctor­ Ocncml for lhc ndministration of the financc.s and supplies 10 the Agency. The Chief lntcma.l Auditor shall be responsible to the OirectO< - General for ensuring day - to - day comp!;ance with the provisions of �ction 26 relating to the rund.s, finance and cxpenditutc of the Agency, The Secretary 10 be appointed by the Governor s.hall be rcspo�sible for the correspondence.. keeping of 1hc rcc.ords of the AC:Cncy, handling legal Lc;sues affecting the Agency and pcrf�ing such other duties as the Board or Director-General may fro,TI 1imc- - to- time direct. PART. IV -APPOINTMENT OF OTHER STAFF (I) Senior SlnfT on grade level 07 -12 shall beappoin1ed. ,. promoted and disciplined b y the Senior Staff Appoiniment, Promotion and Disciplinary Committee while the opp<:1intmc1u and promotion or$laff on s,ade level 13 and above shall be subjcc,t to approvl'll of the Governor on lhc recommendation of the Governing Board. (2) The powc-r to Bppoint. promote and discipline salT on grndc level 01 -06shall vest in the Diroctor-Gencral but this fonction may be exerci$Cd on his behalf by the Director Per,:onnel of the Agency co be assisted by an approprin1e Committee. B4330 Dir,:ctor.of £,J\i{rouft:lflof Ltgi,ttcring JrrY{(4-I Dircao,of Pla,mh1g, R,u:o�II &­ £wlh,atin1t Dtruic,, of ft.r#OMCf Monog,,,n,tN Dir«lfll' •I • Fi',wn� Chttflntunal Auditor �crcltP'J;/11.f(.nl Adviser AppointJIW!lfl af 01MrJtQ/I 23. Tiie Agency in accordance with its nocds may recruh Tronefi:rlJ/Slaff and 3cccpt ,ransrers of the tec.hnicnl and proressional slnfT from any ann of lhc public and private seetOr so - .. -----·---· ' 04331 long a.s such staff meets the Agency's professional requirements for the function for "'11ich they are cngn(ted or lrnn.,;fcm:d. /Jfulplfn� of 24. The discipline of $tillTof1hc Agency shall be in accordnncc with .•.g the Conditlons of Secvice of the State Civil Service Commission. Cr,nditio,u 2$. Subjoel to the provisions of this Law, the Conditions of Service Servi« of staff' of 1hc Agency lneluding nues of rcmu.ncrntion, scale°' s.,tarics. contracl appointments. superannuation arrangement ,; and other Conditions ofScrvic:e shall be determine by thcAg,cncy In :accordance with government guidelines. l't»>v:r 111 C.o- 26. The Agency may co-opt any person or person in order to carry U/Jf, nut its functions. PARTY- FINANCIAL PROVISIONS F,mr/J o/ ti,� 27. (I) The Agency sha1t establish and maintain funds from A�e11cy which there shall be de(raycd all expenditure incurred by the Agency. (2) There sh.1II be paid or credited to the funds:• (a) such monies thal may be appointed rrom 1iinc - to - time to the Ag.ency by the Government or Oauchi Suite; {b) all monie.s cha I may accrue to the Agency by way of loans. endowments, grants Of" giR; (c) money rn.iscd in any olher manner for the purposes for tho Agency. (d) interest .:iccrucd on monies invested by the Agency. (a) charges or recs levied or payable to the Agency� (/) such other fl!nds: or sums of money or property which in any manner become payable to or be invested in respect of any matter primary or incidental to functions of the Agency. Application n/ 28. (I) The Agency may from time - to - lime apply the fu1,d$ lhc fund.s <>/ 1},c ,<eener nt its disposaJ for:• (a) The pursuance of all or any of its functions under lhe provisions of this Law; (b) The cos1 of its administration; (c) The remuneration, honoreria of the Governing Boord oftheAgeney or any class of mcmben in respect of their duties under the provis-ions of this Law; Id) The puyments of salaries, allow&nces, gratuities or pensions of i;taff of the Agency� (e) The payment o.(any taxes, duties or other charges payable by it under any arrangemt-111., ena.;tment or 1his Law� (/) Any other purpose ncccSiary or incidental to the ca rrying out ori1, functions. (2) The Agency may with the approva.l or the Govcmina Board from time-to-time make grants from funds at its di·sposal to any instilution, society or scheme wh:atsoever which in the opini<m of 1he Agency is likely to enhance the obj;ectivcs of1he Agency. B4332 ?9. The Agency may from time - to - time with approval of lhc PQw�,0 Borrow Gove-n,or borrow whether by way or mortgatc or otherwise, such JO. 31. sums of money for and in connection with lhe exercise of its fonctionS under this law as the governing board may deem necessary. ( I) The Agency shall keep books or accounts and other 11 fimmcial year records in respcc.t �f its expenditure. ccort1tu (2) The Agency shall prepare annual statement of accounls for each financial yearforconsideration by the Governing. Board subjc-ct 10 approval by the Governor. (I) The Agency shall cause the annual s1a1ement ofitccouncs• Audit of ,k.cn11n11 referred 10 under section 26(2) to be audilcd not later than 3 monlhs af\er thecnd of each financial yta.r by the Dircc&9r of Audit of 11,e State or by any other person authorized by him. (2) As soon n.,; the Annual Statement of Accounts has been : audited., 1he Ag.ency shall forward to the GovernOI' a copy togcthtr wllh a copy of the report rnade by the Auditors. 32. The Agency sha11 prepare its budgetary proposal and estimalcS, of UtiMDl�s income .and expenditure ror the ne4x1 succeeding year for the B4333 Of/•nc�s. p,11ohi�s r.tt/tu·ct"''"' /M�TJ P�lf{Nt�.t ;ipprovn.( of t he Governing Boord for ooward lransmission r.o the Governor for final approval and lnclu., ;ion inlo the m-ain budget of1heSta1c. PART VI - OFFENCES, PENALTIES AND ENFORCEMENT POWERS 33. It shall be an offence, under this Law to:- (i) Obstruct, hinders or resist any authorized officer of the Agency to carry out or execute his lawful duties; {Ii) Wid1ou1 lawful excuse. refu.se or willfully fails to com- ply with any e·nquirios on direc1ive.s made by any offic.er of the Agency in accordance with this f...aw; (Iii) Vive false infonnation in pretense 10 comply wilh any lawful directives request or order undCr this Law. (I•) II is an offence for a perton being in - charge of a building, facaory, company or any private or puh1ic instituti-on to allows any nuisance or pollution 10 occur there from. M tmpersonn.te nn officer or duties of theAgenc)'•s mm (vi) Keep. allows or suffer 10 be kepi any dlny water in any part of his place or abode or business; (vii) Obstructs traffic or easy now of water on th9 highmiy1 street or side thereof; {viii) Pollute any water. well, stream or pood used for supplying water to man or beast: (ix) Attempt, aids. abets, procures or counsel, carries out :iny action which is tantamount 10 degradation of any environment; (x) Omit or commit My act that .is inimical to ftte conduct, compliance and obedience to any provision of lhisLaw. 34. ( I) Any person who contravenes or fail to comply with the provisions of I his law, any rule or ordermld,c there under commit an oJTMce and shall be liable on conviction 10 a fine not exceeding NS0,000.00 or 10 a six months imprisonment or both. JS. (2) Any person who fails to comply with the provision of this Low c,f W'hich no specilic penalty is provided commirs on• offi:noe t1ndsh&ll be liabkl on conviction toa flne oftwenty the>U$and Naira. 84334 (I) Any officer of the Agency duly authori2Cd in writing by Pllt4-er of the Direclor-Ceneral ofO,e Agency shall have power tc, a"thoriud enter 3ny place or premises in which manufacluring. offia,­ industrial or other business aclivity is taking place for the purpose of cnfo.:Cing the provisions of this Law� (2) The officer so au1.horited shall in particular have powu to:• (u) (h) (c) "(d) ·(j) (g) (/,) Enter and search and if need be seize a,,y item or Sllbstancc 04ZC&sioning or reasonably suspected 10 occasion an offence under this l,..aw, and issue wrincn receipt for the seitcd item; Per-form tests oo a.ny sample of the item so seized; Arrest or cause to bo arrested any person reasonably believed lo have committed an offence under this Law; Emcr any land, inland water, building. vehicle, tent, vessel, noating craf\ or any other structure whatsoever which he has reason to believe or suspect that there oxi$lS p0llut ion or environmental degradation or any kind: Examine appliances, devices or other instruments� used fO( the in1erest or protecting the cnvironmen� Require to be produced and cxami1ted and take copies of any licence, permit, ccnificatc or ally other doc-umen�I required under this Law� E.nlcr and inspect any premises or llmd where industri�s or business activity is being carried out to ascertain environmental p0llutfon levels and where necessary, collect samples, wa.stcs or pollu1ants for further invcstlg3tions: Apply enforcement measures to combat environmental po(lulion and degradations.; B4335 Oh1.tn,trimt n/ muhn,J?r.t/ nfli�1•r Amhnri:�d ttffictr u, /imduct: ll;tltr ri/ 1Wthnr1t.01lot1 P�nllO#t of f11dw1rfal 1161/utir,,, 36. 37. 38. (i) Serve an abctmcnl notice on owners or occupants of the premises or any authotof a nuisance. Any person whom:� (o) Wil lfully obstruc:-ts any au tho rited officer in the exercise of any powers conferred on him by thi, Law; or (h) Fails. lo comply with any lawful enquiry or rcquiromcn1s made by any auLhori:zed officer in accordanee with the pro,.rision of this: Law commits an offence and shall on coovtc1ion be !table: - (i) in the case of a natural person, to a fine not exceeding NI 0,000 (Ten thousand NaJra) or 10 imprisonment for a term nOl exceeding 2 years or to both $uc:h fine and imprisonment; and (ii) in any other cue, to a fine not exceeding NI00,OO0(One Hundr,:d Thou'8nd Naira). An authoriied officer shall on demand, declare his office and produce to any person against whom he is taking aclion, his leuer of authority duly signed by the Perm.incnt Seeretary of the agency, (I) Industry: - (a) Which emils obnoxious gas which is injurious to d,e health or,he people; or (b) Which generates n lot of noise; shall not be sited ln or ne& 1 residential area. (2) any industry lha.t discha,se toxic mauer in the form of liquids, or discharges any industrial effiucnt liquid waste or other industrial waste shall make adequate arrAngc.ments for the disposal of the toxic maucr or industrial waste, including, where �ccessary, the provision of treatment plants which shall treat any such liquid m.ollel' befo,e it is finally discharged into the ground. Provide that the- arr-nngemcnts made for the disposal of the toxic or other industrial waste shall in all material pan.icular confo-nn to the standards ¥d guidelines set by 1he Agency pursuant to this Law. 39. 40. 41. (3) It shall be an olTe-.nce for any industry: - (a) To discharge MY toxic matter or other industrial waste other than in conformity with the provision or i.ub- section (2) of this seclion; or (b) To discharge ariy waste liq uids into streams, river. creeks or lakes or unto sirccts, roads, highways or land. (4) Nothing in lhis Law shall avthadx.e any person or body of pcnon ce>rporate or incorporate to construct or use any pub lie or other sewer or any gutter or drain for the purpose of conveying any foul water or other obnoxkius liquid into tmy nn1ural or ar1ificinl stream, water course, canal, pond or lake until 1hc wa1er or other liquid had been so treated as not to affect 1hc purity and quality of the woter in the stream, water course, canal, pond or lake. (S) Any person or body of persons whether corporate or Incorporate, who discharges any waste into the cnviro,,ment of the state in contravention of the standards and guidelines set by the Agency under 1his Law commi1s : an offence. Except such as approved by the Fede.rat or State- Erwironrncntal Prottietion and Conservation Agency for the purpose, the use of any chemical wbs1ances or cxpl()Sives by any person or body or pcl'$0tls wilelhcr co1po1a1e or ineorporAte ror fishing or farming purposes shall be an ofTen�. Anybody w110 commits an offences under Section JS and 36 of this Law, sl1all in the case of a natural person, be liable on conviction to a fine not exceeding NI01000.00 (Ten ThOU-$aiid Naira) •or to imprisonment for a term not cx.ceeding 2 years or bolh, alnd In all other cases be liable to a fine not c.xcecding N2S0,000.00 (Two Hundred nnd fifty Thousand N•ira), The-Agency may initiate proceedings in d,e courl for the sealing up of a.ny premises including industrial and business, when the Agency is satisfied lhat any environmental standards sec by the Federal F.nvironn1cn1al Protection Agency or set in pursuance of this law, or if any person or corporate body has neglcclcd to comply with the spocificatioo of a leucr rrom the Agency requesting 1h11t an cnvitonrnenta1 pollution be abated or mitigated. ,. B4336 Un of r;htmil:CJI and #Jtploti'lt� for /iJhing and Jarmin., P'tlftishmtnt for off•;icu 11ndtr Su,ton J$ and 36 Stall"g 11p of prvnisu 84337 R"grs1r.,ttr111 q/ £tt11/r,;,,t111,niut {MllliJIIC#N hgwlorion Standilfll Orrk.,.s Mobile C<r.4r11 ,o,ry £nvinMmt11tut OJT(!m,:(!S 42. 43. 44. 4S. ·1·, 1'heAgency shall from the commcnccmc:.111 or1hi.s I.aw rtgister nll environmental institutions and companies operaiing or l.ntending to operate in the St.ate and sh:1II collcc1 registration rees as specified in Schedule l 10 this I.aw. The Governing Body of the Agency may makC! regulations in respect of all or any of die provisions of this. Law and may alter, vary or withdraw any regulation or the Agency as it may deem fiL The Governing Board of the Agency may make standing ordcrt to prescribe its own procedure and eonduc1 of its meetings and in that regard may e.CM:nd, vary or revoke any of such standing orders. (I) ' For the purpose of this Low and immediately ancr its commcnecmc:nt, the Chief Judge or 1hc State shall constiltlte a Mobile Coun a, each of the t!irCC: senatorial districts in the slate to try any offender fol" µ.c violatton of the p1?vl$ion of this Uw. ·· (2) The Mobile Court shall have power lO try cases and determine any other ma.tters 3ri$ing from the operation of the following enactments: - (a) This Law; fb) Bauchi State Public Hc:.ihh Law; or any other regulation made thercund�r; (c) Any other Law relating 10 environmental prot�tion and conservation in tl1c Si.ate. (3) The Mobile Court may make such orders as it may deem fit to make-. (4) In addition, the Mobile Court may si1 at such pl.ices within itsjurisdtction as the Chief Juds:c may direct and may exercise such other pqwers as may be con f ffl'Cd upon it under any other enactment. (S) The provisions of the Criminal Prcx..-cdure Code Law and such other relevant enactments s.hall nppl}' in relation to the trial of cases end Other matters brought before the Mobile CourL (6) The Mobile Coun shall be manned a Legal Practitioner of not less than 7 years post call experience. ., 47. 48. 49. (7) All expenses for lhe ru�nlnaofthe Mobile Coun and CH her st11Tallow1nca shall be defra)'<d out of the consolidated revenue fuod, ofthc Slate as the Governor may determine on the r<eommendation of the Chief Judac. The Oovcm« may issve such directives and guidelines to the Agency in the discha,ac of its general duties and runccions unckr this Law c-,pc<:iolly thc maJ\li<fflent of Its fund, and the Agency shall comply wilh such directives. No member of tho Ag.ency shall be sued in his person.al capac-iry ror any ac:1 OOltt or omitted to be done in the lawrut performance of hi$ duties under this Law, In any 11Uit insdtutcd by orapinst the Agency, it shall be ....,. ,,,ed In Mobile Court by a State Coun,cl or any leaal pmctitlo,ncr duly delegotcd by tho llttomcy - Oencr11I of the Bauchi State. (I) The Bauchi State Environmental Protcclion and •C,,,,-,,ation Agency Edict 1997 is repealed. (2) All n�.sct, and liabllltiea which immediately before the commencement or this Law wue YCSlod in tho defunct Bauchi Slate Environmental Protoctlon and Con1ervation Agency shall on 1he commencement of thi& Law, � trans[cmd 10 thoAgcney and 1holl by vl"uc of this Law • without ony r,mhcr assuf'l.nQC: vest in the Agenc;y. (l) Any pn,cctdin;s or eauso of aetioo pcadl<lg or existill$ immediately before the commenoemcn1 ot 1his law of o r ag.1,in1rt the derunci Aiencymay on 1hc commeRCcmcn1 or this Law by continued o, commenced as the ca,sc may be by or ng.,inJt inc Agency instead of1hc defunct Agency, 10 the same cittcnd tMt the ptOCCCding.s or c.ausc or action ou&1U to h11vc been continue or commenced by or a11inst the defunct ll�'<ncy if this Law had no1 been nude. 84338 Go-1111,nMJ C, ,,J DfrwCfl'W#t ond G""1dutn /upuJOttd s.w-. 84339 SCHEDULE I (SECTION 42) REGISTRATION OF ENVIRONMENTAL INSTITUTIONS Category HA" (NJ001000- Nl00,000 Per Annum) (i) Rubber/tyre manurnc.turing companies; (ii) Detergent Md soap m"nufocturin8 con11>anic:tj (iii) Big iextiles manufaetur[ngfompanies; (iv) Cement and asbestos MenuCacturing Companies; (v) Petroleum prospecting. exploring and producing companies-; (yi) Fen.ilizer/ammonialurea manufacwring companies; (vii) Pctr01cum products manufacturing companies. Category 'B' (Nl00,000- N200,000 Per Annum) (i) Soft drinks manu(ac:luring companics• (ii) Gas producing companies• (iii) Aluminum producing companies; (iv) Food processing/Food canning companies; (v) D•iry products pn,duting companies; (vi) Pharmaccutk.al manufacturing companies; (vii) Other major manufac:,turing companies not in .. A .. (viii) Asphalt and Bitumco producing companic,; (ix) Leather manufacturing and Tanning compania$ Category "C" (N2S,0OO -N75,000 Per Annum) (i) !roll/Steel and other melAI (abricatjng companH:s-; (ii) Hotels with 100 rooms and above-; (iii) Vcgc.Lablc/P11lm Oil producing companies� (iv) Fish marketing, Preserving and Processing companies.; (v) Pulpl'Pa.per producing companiest - ., C•tegory ••I)" (N1S,OOO -NS0,000 Per Annum) (i) Cables, eJectrica.l and electronic companies; (ii) Mobile, Temano 'manufac1uring companies; (iii) Mable, Tcrrauo manufacturing companies; (iv) Hotels with 71 - 100 rooms; (v) Banks corporate headquarters; (vi) shoes manufacturing companies; (vii) Po.ckaging companiM; (viii) Printing and Publishing Companies; c�ucgury "E" (Nl0,000 - N30,000 Per Annum) (i) Vegetable/Palm oil marketing companies; (ii) Chemical rrn,;rketing companies; (iii) Ho1els with 41 to 70 rooms� (iv) First Class Hospit,ls and Clinics; Catccory 14f" (NI0,000 -NlS,000 Per Annum) (i) Bank Branches; (ii) Mechanized Dry Cleaning/Laundriesi (iii) Hospitals/Clinics with more than 25 beds; (iv) Motor Dealers; (v) Wood finishing-!nd allied cornpanies.i (vi) Hotels witli 20 to 40 rooms; (vii) Hos.pitals/Clin.ics with 10 10 25 beds� (viii) Mnchinc Tools Marketing or Servicing and Assembling Compa.nic-s; (ix) Mechanical workshops; (x) Re�tuurants with a sining capacity for not less than 30 persons; (xi) Abauoirs and leverages; (xii) Candle and Olher wax producing companies� B4340