Gombe State Environmental Protection Agency Law, no. 4 of 1998

1. This Law may be cited as the iron mental as one with the Fee deial Env Agency law- and shall be read force on 3rd of 1992 and shall come into Protection Agency Act No. 59 day of July, 19998. Inter pret ation ext otherwise requires: i. 2. • In this Law, unless the cont ironmental "Age ncy' ' Means the Gom be State Env ncy Esta blish ed Pursuant tc Protection Age Section 3 (1) of this Law : erning co4nc1I of "Chairman" Means the Chairman of the Gov appo the Agency • inted unde r . tion 8 of this Law. Sec the Agency • "Director General" Means the Director General of to Sec tion 5 (1) of this La,,. appointed pursuant I •• Gompe State of. Nigeria Law No. 4 Vol. 3 3rd.July, 1998 "Environmental" means the su rrol)nding Which indudes land, water, air plants animals, human bei ngs and the entire ecosyslem "Fees" Means any ~um payable to Hie Agency for permits, approvals and any other payment for service as the Agency may charge. "Functions" Includes powers and duties;· "Government" Means the Government of Gembe State "Member" Means any member oft he Governing Council and includes the Chairman; "Governor' means Governor of Gombe State. , "Regulations" Means any Regulation orguidelineees tl1e ' Governing Council is empowered to make under this Law; "State" Means Gombe State of Nigeria. Establishment of

3. (1) It is hereby established for the St~te a body vcallid the Gorn be the Agency. State Environmental ~';otection Agency (hereinafter referred to as "the Ageni.y!'). • i ' (2) The Agency shaH be a body corporate with p,erpeetual succession and a comon sea, capable of suirig and being sued in its corporate name. (3) The Agency shail be responsible .to the Governor... 2 ., Gombe State of Nigeria Law No. 4 Vol. 3 3rd July, 1S98 •

4. (1) The Agency shall consist of the following dep'aftrnents: • Establishment or a. -Finance and Administration: and Departments. b. Environmental protection. (2) The Governing Council, on the ree,ommendation of the DiWctPt General may create more departments as it deeeelt\:flt.forfh~ due discharge of its functions. • • •• •

5. (1) The Director General shall hold office on such terms and Appointment of conditions as may be specified in liis letter of appointment or no Director General such terms and conditions as may be determined from time to· time. (2) The Director General shall be the Chief Executive of the Agency.

6. Every department shall be headed by a Director to be appointed by the Appointment of Governo r on the recommendation of the Secretary to thej State • DlrectorR. Government.

7. The Director Finance and Administration or any other person that the Secretary of the Agency deem fit in the absence of Director shall be thEi secretary • I to Council. the Council. . . '

8. The Agency shall have a Governing Council which shal(consist of following members to be appointed by the Governor. the 1 ~~~3:, ~~:~ng of council. a. 1:he Secretary to the State Government - Chiarman b.; Honourable Commissioner Ministry of Worl<s and Housing Member c . Honourable Commissioner Ministry • ofHealih Member 3 ~ ,·~p>i<<;.J-'!f.(,';'' 3rd July, 199.8 .1 Gom be Stat e of Nige ria Law No. 4 Vol. j er Ministry of d. Honourable Commission Agricuiture and Water Resource~ artment or ur. d e. Director General of Dep and Survey ncy ; Member f. Director General of the Age t; and g. Director Rural Developmen Groups ntative of Environme,:ital Interest h. Two other members Represe ' inte rest. and nominees of Public (1) The functions of the Agency shall be to: 9. in the state Fun ctio ns or th., review environmental policy Agency a. Form ulate, implement and ect and and review Env ironmental proj and in particul ar to demand e serious '. are dee med to hav such othe r operations which ment. repercussions on thee environ Ministry for,Urban Development in the b. In conjunction with Bureau regiona l planning ate Urb an and of Works and Housing co-ordip and e and liaise wilh other public processes throughout the stat d. or Institutes engage private .A.authorities/Agencies all existing Governor adopt and execute c. With the approval of the ions in~l uding emeents, and obligat bilateral and multilateral agre cuti ng proj ects and tionships and exe entering into joint venture rela tal,organ isations nt1ies, n_on-go vem men prcgrammes with foreign cou env iron mental ations and if!dividuals on and Private VohmlflrJ Organis • ' • matters. i loc,(1!, National and lriternationa d. ~..\dvisethe Gcve.:-:~or0n and iechnoiogical ii1ies on scientii id Environmental p()li,~ies !,)!10 relating 10 the environment. c2ciivities and developments ' ~-----·------- Gombe State of Nigeria Law No. 4 Vol. :~.-3_r_d_J~u,..ly_,_19_9_s___ ref,ise e. Establish and supervise pemtional mechanisms for the in conjunc tirn with ,:.ederai rollectio n , transportation and disposal ments or other Agencie s as rT) [ ' . •,,. n·: ·.,~s~:,ry. ;inci Local Govern ,:,:Ji. ine· Estahl1sh Ar'ea Office ,n Local Govern ment Areas ,r:r•:,ugi•; consulta tive comm ittees ;,ith the State 2;nd to ron,;titutr-, Joint adminis tering and enforcing the pn;NIsio ns of purpo e of opera'.ir.g, 0 this Lav: and er reg ul2.tions or any enactme nt gener.:i;ty, of g. Stimulate pubiic interest on environment by disse mi~ation tion cf !ectures , seminar s, public awarene ss information, organiza c~mpaIg n and genernll y ,"ncoura ge sponsor environn iental fonmal educatio n program mes m schools , mass media and other 2nd informal sectors. l, h. Sponsor and conduct traini ng programmes for industria c.ommc rcial and public institution and to recruit and train C'nvironmental e:.1ension workers fort he purpose of effective n and : mo!::ilisation for the public towards environmental educatio ! awarr;,ess. to his Law.

2. For the ;ivoida nce of doubt, tile Agency shall subJect h;;;ve the yeneral respons ibility for all matters relating to EGtabllshment of and environm er.itai protection, sanitation; technology, res:earoh • the Agency. initiation or policy relating thereto. to be known as the '~1O. (1) It i~ hereby established In the State: a body State TJs:1 Force Co:nmittee on EnvironmPntal Sanitation (here:nz :t~ r referreed to as "the comrn1t ke"). ' . l ' Area in the (2) It is hereby establis hed in every Loc'.al Govern ment ~ ~ . State a Task Force Committee on Environ mPntal Sanita tion. neral • ;, The State Cornmitteee shall bc· rPo f'l"1~1t,le toth '.}~·r.clorG1: 0 thn. Local Gcvcrnr nPnt Arr•r1 C< ,n;,,-.,.,-~, ·,·,,,.1be respons ible ,_vhilP to thr. Ch..;,w 1an 5 No. 4 Ve!. 3 3rd July , 1!i!i! i -~ ~• ~- ~~ •-- Gom be State of Nigeria Law - ••=·= -,~. ,=.= •=u= -=•~ --•~- --Q==•~ Com:-:,osHjon sha ll consist of the following membeers to Com mit~ r.- .. , 11. 1. The State Committee • be appointed by Governo r - , who y not below !he rank of Captain a. Offi cer in the Nige rian Arm Com milt ee. shall be the Chairman afth e nt of Poli ce Offic ee, not belo w !he ra~k of Deputy Suprete nde b. police; Clubs. c. Representatives of Social Mag istra te not belo w the rank of Senior Magistrate. d. e. Health Officer f. Environmental Officer. g. Trad itional Title Holder and elopment Bure~u. h. Representative of State Dev the Func tion of a Com mittee shall consist of

2. The Local Government Are Council Th e Com mitt , inted by the Local Govemmerrt following members to be appo Chaimian. Chairman a. Magistrate Member b. Divisional Police Officer Member c. Traditional title hold er: Member d. Health Officer, and Member. e. Secretary com mittees shall be.t o_:

12. (1) The function:i oi the se from collections points ; a. Ens 4re regular clefl ring of refu dum ping the disposal of refuse; · b. Direct and control the modes of refuse disposa l; c. Pres~ribe and e:nplo~ effective ring of drainage in order to d. Ensure the ope ning and clea te; · allow the free draining of was 6 Gorn.be State of Nigeria Law No. 4 Vol. 3 3rd July, 1998 e. •Ensure thee neatness o(tidiness of highway:; by cutting ortrimming grasses and other growth aiong such high ways as well as by ensu ring grasses anduther growth • along such neatness er tidiness of the highways in any othermanne1·; f. Remove dny ,J,rt:;, 111th, obstruction, un«t:1norized structures from streets, highways, open laces, par1,s·anci other public places g. Ca_rry our ,·.>qutar inspection of building and premises for purposes oi e,1suring that sanitary conditions are rnair.U1ned ,n such building and premises; /1. Remove ancl dispose of any vehicles abcindoneed or remai ning c1; 1any highway, street, lane or public preemises. i. lnpound ;,my vflr,icic, that pauses hazards, improperly kept -,., or parked along <i h:ghway, street or lane ;especially in • areas where p,1,kinq is prohibited.

2. Functions of the state committee ~hall covert he whole state while that of the Local Gove, nment Area Committee shall cover only the respective Local Government Are~. • Establishme nt of -~ :3. It is herebY_ established a Comrnitte~ to be known as the State • Technic al Environmental Protection Agency Technical Committee ("hereinafter"} c ommittee, referred io as "The Technical Committee".

14. Ttie Technical Committee shall consist of the followinci members to be Appointed by the Governor. a The Director G,, rwrnl . Chairman b. Three distinguished persons that possesi,ed such skills and expertisF: ; 1 envir0nm ental matter. - Member 7 ly, 19 98 . 4 Vo l 1 3r• I Ju Nig eri a Law No Go mb e Sb .ta of 1r:k of a Director from each of the ive not below 1•· . c. one representat :- s and ,., ;i,; ; ,1,~t1ons f,c;ll<,v.ing Ministrie Mr mb er i. Agr.cul!ura M8mbt1= H. Wortts GOO Housing Membe; iii. Health Mer;,tx>r rv. Finance Member V. Justice Member -~ Land and Survey Member Vli. Education Member ,,iii. Trade and Industry e Man;1facture~s ,', .. :=:tate Branch of t_h /Member eria: Association of Njg . ·Member and ~- A renowned NGO: na! Agency (FEPA) Zo mental Protection d. Federal Environ :=;0 h:J Officer. Fu nc tio n of e sh all be to •. Th e Tech nlc ai Technical Comm itte Co mm itte e e fun ction s of the

15. Th Disch arge of the Agency in the ise the Council or a. Assist and-adv their functions the . to it or delegated by hn ica l op inion. on issues Referred b. Give tec Council. Functions of tl v, of its fun cti on s contained in Te ch nic al y, for the dif,ch.;irge Co mm itte e

16. The Agency ma this Law - ns and private organiz,atio En ter into co ntr acts vtith public or ing its functions • a. ng and fulfill purpose of executi individuals for the • s under !heir ta w. and respnnsibili!ie d other gh publications an c! an d ma ke i>•1aHab1e throu te b. Co ile with public or priva m:i and co9pera!ion appropriate rneea 8 4 Vol. 3 3rd July, 1998 • Gombe State of Nigeria Law No. and other information organizations basic ScienUfic data ronmental protection matters. pertaining to envi upoo~ er mive . ss to acce any public c. At all reasonable times enter ... ~ in~p ection and prem ises for the ·purp oses of or_private property or of the Envi ronm ental !aw and ' investigation to verify and violation •regulations. and to actm inistercMification d. Issue permits, licenses, approval as may be provided under any system and operation proceedures enactments and to charge fees, . Regulations by law or any Federal such perm its. licenses, approvais and ; levies for the issuance of from time to time p1'escribe. certifications as the Agency may all violations of this Law and any e. Gen erally investigate, ascertain ns mad e under this Law and other laws relevant rules and regulatio ditions upon which any permit related there to and the terms and COl) or cause to take appropriate is granted by the Agency and to take remo v,'rehabilitate any aspect legal and penal remedies to prevent,: been viola ted or degraded. of the environment that has or commission which f. Prevel)t, stop any act of omission adve rsely affect the environment and consequencies are likely to 'e, solid, liquid o;gaseous to generally deal with any discharg the environment and to deal I aeposited willfully or otherwise in the Agency may :deem generally with any violation which ent and the ecosystem.·1 n this regard I hazardous to the environm • to - discharge. 1 i. Monitor the whole state any of sur,h remo ved such discharge at the .l ii. Remove or cnuse to be unt of the defa uliing Pi!sli'J. expenses and acco the rnsponsible party to stop or remove such , iii. Cause discharge. y iolsiion and to PfOpose iv. •Cause penalty to be paid for such !1S of ~uch discha.roe compensation lo be paid iothe victif 9 - q .. No. 4 Vol. 3 3rd July , 1998 Gom be Stat e of Nige ria Law Pow ers or the l have the following powers -

17. The governing council shal Coun cil. e on appojntment of State Committe a. Advise the Governor on the Environment. of policy and the General b. Be responsible for formulation ncy and may advise the Governor or the Management of the Age same. ncy the power$ conferred on the c. Exercise on behalf oflh !l Age Law and any ottier enactment in that Agency by section 13 of this ' behalf. not exclusively to be exercised by the d. Delegate any of its powers n, the Direct~r General or to any Council itself to ~ithe r the Chairma may deem fit. of its Committee as the Council of its for the purpose of exercising any e. Make rules and regulations g its own proceedings. respective functions or regulatin ge in ers, ihe Council shall not be enga

2. In the exercise of these pow the Agency., the day lo day management of Law s cont.ained in the schedule to this Effec t of

18. The supplementary provision the Agency and Sup pl e rr. ec ~. the. proceed ings of shall have effect with respect to P ,, .i is!onc : other matters mentioned t~erein. :--:-::: - ·- :~-s:-- Tenu re of ;; d of three mem ber officio shall hold office fora perio

19. A mem ber not being an ex 0 another peri'cjd of three year:$. years and may be re-apoinied for by letter fficio may resign his appointment

20. A member not being an ex-o Governor. under his hand addressed to the 10 . I r:1 .21 (1)' The Governor may at any time in writing remove a me.mberfro office wh2re he is unable I<'. perform the functions uncier1hi~ i.~w. of a (2) Where the Agency is satisfied that the continued presence member is not in its interestor of the State, the Ag enc\/ shall as recommend to thee Governor whQ after making Si.jCh inquiries in writing declare the office ornie • he considers necessary, may member vacant. nd Governor Salaries aec

22. Members may be paid such salaries and allowances as the allowanc may determine from time to time. sion Stan of the

23. (1) The Agency may employ through the Civil Service: Commis efficient discharge of Agency such staff as it may deem necessary for the its functions under this Law. the (2) The Agency may accept Staff on secondment or transfer from State Ministries, Parastatals and Local Government Service. . . . .(3) Notwithstanding the provision of any Law, the Staff of the Agl!ncy nt shall be entitted to such pensions, gratuities and other retireme nt grades in benefits, as are enjoyed by persons holding equiv~le the Civil Service of the state, provided that nothing in this Section cy shall prevent the appointment of a person to any office in the Ag~n. on terms which prelude the grant of pension, gratuity and other. retirement benefit in respect of thkt office. • :~~~~;r th be Applied e 24. , The Agency shall establish and maintain funds which '.shall • towards the promotion of the functions specified in th_is Law, Source& of FtF .

25. The sourc~s of funds of the Agency shall be: -- , State a. Such s~ms as may from time be granted to it by the Federal and Local Government Councils. II r:mn1Ff?Si3irPfu:r::i:nnnC F?TlfYO'PFs F"c; No 4 Vot 3 3rd .lu ly 1996 Gom be Stat e of Nigefia Law wa y of gifts. pur pos<, , r-! :nL A9ency by b. • All monies raised for tt1e :,c,Jt 1<1 ns or ir, ,ons and sales of pub aids, testamentary, disr,,1s1t any other ma n::1er- 'd t-:y 1r,,. charges tor service,, rend , • c. All subscriptions. fees and ,;,:,• ney 1, ,,rn that may accr ue to tli,. Age ncy and all other sum s any sou rce. Application of the i . disp osa l • 1 u nd • · i ils e to time app ly the funds at

26. (1) The Agency may from.tim to: of its function s und eer thf' a. The p_ursuanc,e of all or any provisions of this Law. of members : . b. The salaries and allowances sion of staf f of the Agency. c. Allowances, gratuities or pen n. d. The course of its administratio ,/ / r othe r charges pay able by e. The payment of taxes, 1uti es;o : it u_n_d er any enactment. ; ry or incidental to the carrying f. Any other purpose necessa out of its functions. • , /, s und er this due discharge of its function (2) Th e Age ncy may for the me relateed tutio n, soci ety or sche law mak e gran ts to any insti thereto from time to time e with the Pow er to [. ssary may from time totim j;<:-· 27 The AgP- ency as it deem nece for and in • Borr ow •·· mon ey approval of the Governo r borr ow such sum of F connecilon with the exercise e of its functions und er this law. r have jurisdiction to try all cases or mat ters ccu rts to try f•·

28. (1) District Court shall - - ~ -~ ·= •~ o,,o o~ =-: - - ~ ~ • :,_=•j__~·. f / ~~ , I .;:, •_ _....,__,.,.,.;,·;,,, ,~ I .,.i J , 'j ;.~ j (2) A district court may move from one place to another for the purpose of carrying out its dutiees under this Law.

29. (1) Notwithstanding, anything to the contrary, no suit shall lie or oe Limitation of suit Against the instituted against the Agency, member or ~n Employee of the Agency · Agency for any act or omission done in gooC: faith in tile course of discharging his duties under this law or any enactment related thereto in any court unless it is commenced within twelve months after the act or omission or in the course or'the continuance:of the act or omission commence within twelve months next after.the ceasi[lQ thereof. (2) No suit shall be commenced agains the agency,before the : expiration of a period of one month after a written intention to commence the suit shall have been served upon the agency by the intending plaintiff or his authorif ed agent and the notice shall state the course of action and the articu lars of claim.•

30. (1) The Agency shall prepare not later ihan ihree months before the Annual Est ima,., end of every year an estimate of expenditure and income of the Account s and Aud it agency during the next succeeding financial year and be submitted to th e Honourable Commissioner of Finance. (2) The Agency sha ll keep proper accounts and pr9per records in reialion to 113 r,nerations in respect of each financial year. ' (3) The accot:iJt: .- . ~l'.°.H sgency shall t:,e audited not laterthan·i.l1r0r? months aE~~r .;·,.• :~nd o~· each financiakyear by ~he auditors appo!pted in a,:r,,>:...!ar.ce with the guidelines supplied by tw Auditor Genen; ,1t the State.

31. The Governor r,u,., Qiv-~ to the agency, in wriiing, in connection with I any matter of !.' -::;,,,)' _,jna! public impottance, directions of a general charqcler not being inconsistent w,th the provision for the purpose of Direct ives by- ~he Mlll!ary Admlnist rat qr l -'! operating. administering and Pnforc1110 !hP Nnvic:inn• nt 11,;.1 """~"" I /, ~ W)fS&RqifW p..p;;!I'. Gomoo Sb:lte of Nigeria I.a'# No. 4 Yol. 3 3rd Juiy, 1900 or regulations or any enactment generally of this law or with contract for the purpose of operating, administering and enforcing the provisions of this law and or regulations or any enactment generally. Actual or other legal obligations of the agency relating to the exercise by the agency of its functions under this law and the agency shall give effect to such directives.

32. (1) An instrument or contract which !s executed or entered into by a Execution ot Contract& h·1 person other than a body corporate, would not require to be under seal, may be executed or intered into one behalf of the Agency by any member of thee Agency If such person has previously been authorised by a resolution of the Agency to execute or enter into that instrument or contract. (2) The Agency may in writing undeer common sea.I appoint an:, p~rson outside the Siate as an Agent to execute an instrument or contract on its behalf, ,md if so entered or executed shall have I effect as if it had bten duly Executed or entered into by the Agency. f,l

33. (1) The Director General is Authorised to keep and use the Common Seal of the Agency. 1 Common S e.? c-f Agency ljI • '-1 ;.4 (2) The use of the common seal of the Agency shall be autheticated by the signature cifthe Chairman 9r some other person authorised i specifically by the Agency. '

34. The adaptation of Ba~chi State Law a_nd Legal N~tices Law No. 1of Repeal of Law No. 1996 is for the purpose of this Law hereby Repealed . 1 of 1996 ot SUPPLEMENTARY PROVISIONS Subject to this Law, the Agency may make standing orders regulating standing or<!erc it proc')edings or any~ommittee ther~of.

2. The Chairman shall preside over every meeeting, but in his absence Meetings the members present at the meeting shall nominate one of them to preside at the meeting. 14 -n~-.: I ~ 'I ·1 I ~mbe State of Nigeria Law No. 4 Vol. 3 3rd July, 1998

3. The quorum ata meeting of the Agency.shall consist of 5 members. Quorum

4. -Where upon ,any specia: occasion the Agency desires to obtain the co-0pt1on of a advise of a;iy person on a particular mater, it may co-opt that person rn ember to be a member for that purpose and that person whilej so co-opted shall ha\le all the rights and priviieges of a rnembeer except the light to vote.

5. No act or proceedings of the Agency shall be invalidated by reason of ~;~~~~;;~gs any vacancy in its membership or by reason of any defect in the appointment of any member.

6. Judicial notice shall be taken of the common seal of the Agency and very document purpoting to be an instrument made by the Agency with its commor, seal shall be received in evidence and be deemed to be such unless the contrary ls shown. I ; i 'I i; - -- -- - ~ tfflf:s:[3':lilSM P <ff·I