Katsina State Environmental Protection Agency Law No.4 of 1994 (CAP. 150)

24. 25. 26. 27. 28. 29. lnstrumem not under seal Evidential Value of documents. Validity oiprocecdings Disclosure of interest En forcemcnt Repeal SCHEDULE L111•11·011111C!111al Protecrion Agen('.I' [CAP. 150 2121 CHAPTER 150 K.A TSl""-A STATE E's\"IRO'\~!E'.'\TAL PROTECTVJ'.'\ -'\GE'\C) PART l - PRELl!\lli\AR\' 1. Tlus Lm, ma, 1-i~ cncJ .s the l'.atsina State 1•·•· l:tr1•ironmcnt.!; Protcctio; At!cnc\· Law. 1994 and shall h:.: deemed to t1J\'l ·omr: Jill~ op~ra:1011 on thi: ~9tn d:·~ of Dcccm bcr. I 9Y4 2. In this Law unless the context othcn,·isc h:1c1111c1::u1:1r requires: ''Agency" means the Katsina State En, ironmemal Protection Agcnc~ established under section 3 of this Law; ··appropriate agencies·· means any Go\"cnunent agency with responsibilit)· o,·cr land or water affected b'" pollution: ·'amhorized officer·· means any employee of the agency. Police officer not helO\, the rnnk of an lnspect0r or Customs officer: ··e1l\"ironme111·· includes water, air. land. plants. human beings or animals li\'ing together and the inter­ relationship which exist het\\·ccn them: "Go,·cmor"' mean, the Go,·emor of K.msina State: "hazardous substance·· includes anv substance so designated by th~ Go\"ernor by order published in the Gazelle: "pollution·· means man-made or man aided alteration of chemical. physical or biological quality of :he environment to the extent that is detrimental to that cn,·ironment. :.122 [CAP.150 Environmental Protection Agency Esublishrnm< or AllfflC)' Tcn\tfCoromecof member PART Il-ESTABLISHMENT AND CONSTITUTION 3. (I) There is hereby esta~lished a body to. be known as the Katsina State EnVIronmental Protection Agency. (2) Toe Agency shall be a body cof)'orate with perpetual succession and a common seal with powe~ to sue or be sued in its corporate name and may acq uirc'. . hold, lease, purchase, mortgage, sell or dispose 01 any movable or immovable property. 4. (I) The Agency shall consist of: . (a) a chairman who shall be a person with wide knowledge in environmental matters; (b) four distinguished scientists; (c) onc representative each from (i) Ministry of Health (ii) Ministry of Works (iii) Ministry of Agriculture & Natural Resources (iv) Ministry of Water Resources (\') Katsina State Transport Authority (vi) Katsina Urban Planning & Development Authority l, ii) Department of Land and Survey (viii) Director of the Agency (2) Toe members who are not public officers shall be appointed by the Governor. 5 A member who is not public officer shall hold offic~ for period of four years and may be eligible for re-appointment for another period of four years. I I, j'j Environmental Protection Agency [CAP. 150 212: 6. the office of a member who is not public officer v..,.,;on or .rr.,. shall become vacant if: (a) he resigns his appointment by a letter addressed by him to the Governor or (b) the Governor satisfied that it is not in the interest of the Agency for the person appointed to continue in office as a member in which case the Governor shall notify the member in writing to that effect. 7. A member who is not a public officer shall be Rcnumcr.:,oo paid such renumeration and allowances as the Governor may from time to time determine. PART 111- FUNCTIONS AND POWERS 8. (l)The functions of the Agency shall be: ronc,.,.. (a) to advise the State Governmmt 011 environmental policies priorities and 011 scientific and technological activities affecting environment; (b) to prepare periodic plans for the development of environmental science and technology' (c) to co-operate with Federal and State Ministries, Local Government Councils, statutory bodies and research agencies on matters and facilities relating to environmental protection. ( d) To promote co-operation in environmental science and technology with similar bodies in other Countries and Institutional bodies coMected with environmental protection \. l [CAP. 150 En ·ironmemai ?ro1ec1io11 Agency (e) to earn' out such activities as are necessan for th; discharge of the functions of th·e Agency: ( f) 10 prepare or cause to be prepared and keep under continuous review environ.mcmal health de,,elopment plans;' (g) to plan and carry out programme to upf:rade the em·ironmental quality of bighted pa•1~ ,~ the State; (h) to prepare and implement periodic plans for the prevention of environmental pollution. ~he Agency shall establish such en,·ironrnental cri~· guidelines. specifications or standards as specified in the schedule to this Edict for the protection of health and welfare of the population. 9. The Agency shall have power to: (a) make grants 10 suitable authorities and bodies with similar functions for demonstration and for such other purposes as may be dctennined by the Agency: (b) collect and make available through publications and other appropriate means and in co-operation \\'ith public or private organizations. basic pollution and en, ironmental protection: (c) enter into contract with public or private organizations and indi,·iduals for the purpose of executing its functions: (d) establish. encourage and promote training programme for its staff and other appropriate indi\'iduals from public or pri,·ate organizations: * 2126 l'r01cct1on of members [CAP. 150 £111·iron111e111a! Pro1ec1io11 1 / ge11c1· (a) encourage and promote the c • • • ( . of em·ironmental activities· o-ordmauon ~,; uuhze and promot 1 • • , . e t ,e expansion f fl.:;search experiments s , ' . • o ll\' pub!' . .- • un e) s .md studies . . ic o , pi ivate agencies . • and onrnmz...1.tions . mst11u1ions efft -. conccn1mg causes . ect. extent prcventjon d • . •• cl1mination of pollut' • r~ ucucn and matters related . . ,en an Sl!Ch other as tl A tu environmental protcc1io1i 1e ucncy nny f • dctennine( and ' roir. t11nc to lime (c) conduct public investigations on pollutioP 13. (I) The A~cncv shall hm· .. and exercise dis;:iplii;. 11 ., e powers to appoint servants and aoc;1ts . ' ) control over such staff. d' l ~ cts mav be nee ,sc iarge of its functions. • essary for the (2) The conditions of service - pcns,ons and gratuities sl II b . as to remuneration. which obtains-in the S '.ac· e 111 acco rdance with that late ,v,1 Sen•1ce. 14· No member of the A liable for anv act d gency shall be pcrsonallv . , one o, om1ss1 d • , tn the due dischar~c of his ofli ·. oln" ma e 111 good faith ~ 1c1t1 ,unc11ons. 1 ). ( 1) The GO\·cmor may • • State Sanitation da' f, I .tppo111t a dav to be the State. ~ or tie general sanitation or the (~J On sa;i;~t1i1011 davs n . roan; abm:t instr·" •s .· j • 0 pei,on shall \\'1llfully .... ... -- \\ It 1out any genuine reasons. - ( ,J An,· Jit:rso,- .1. 1 • . · ·1 \\ 110 comraYcnes th • .• • t 11s sernon commits ai, o1Te1 ' c p,o, ,s1ons of sum•1rn:-:, con,·ic1ion t • fi ice and shall be liable 011 · 0 a me Pol exc d. or lo imprisonment for a t- - • ec mg N-100.0(1 or to both. e1111 not exccecl,ng 2 months f j,, [CAI'. 150 E11nronmc111a1 Pro,c:liOI, Agc11c 1 ~ 121 PART[\' - F11'ANClAL PRO\'!SIONS l 6. ( I) The A gene~ shall establish and maintain a runcl from which shall be defrayed all expense~ incum,u the A.gency. ,'.:I T'i~t-c shdl be paid end credit·'d ,C' ,he fund ; .:t,lisnc ... 1 u.i-.C.e--:;ubse-::Lion (-, ofths s.:: ... 1 101t: 'f q; 'l· s~11r, ;ts m2.y from time tr, t1m.: l,\ gr,n-r :d 10 the /\gene:, b:, rn-... '':!L~ Go,crnmcnl 1/J) all monies recci,·cd for the puqiose of the Agency by way of gi fts1 grant-in-aid etc~ and (c) all subscrip:ions, fees and charges for services rendered by the Agency and all other sums that may accrue to it from any sources. r-umb 17. (1) The Agency shall prepare and submit to the Governor not later than 31st day of December of each year. an estimate of income and expenditure or the Agency for the next succeeding year. (c.) The Agency shall cause to be prepared and l;ept stalcmenl of accounts and other records anu ··t1.:h statements of accounts shall be audited at the ;nd of each financial year. (3) As soon as the airnual statements of acnunts ha, e been audited. the Agency shall forward ·, •fie Go,·crnor~ copy of the audited account. PART\' - SUPPLEMENTARY PRO\'iSlO>:S 18. The Chairman shall preside over e,·crv m·;Cting of the Agency or in his absence the members present '/"' '"'" •"""'"" pcside. ( luorun: :i: rncLlmf: Adnce h~ the CO-Ojlled member S::al Instrument not u:id~r s::al [CAP. 150 Ennronmemol Pro1cc1io11 Agc11cy 19. The quorum of a meeting of the Agency shall be seven members including the presiding Chainnan. 10. II 11ere the Agency desires 10 obtain the advise of any person on any matter, the Agency may co-opt such person to be a member and the co-opted member shall ha,e all the tights and pri,·ilegcs of a member except that he shall not be entitled to , ote. 21. ( ! ) The Agency may appoim such number of standi:1g and ad-hoc conunittee, as it th.iaks fit to consider and report on any matter with which the Agency is concerned. (2) Every Commi1tee of the Agency shall be presided over by a member of the Agency and shall be made up of such number of persons as the Agency may detem1ine. 22. Where a Comminee set up by the Agency consist of co-opted members, the Committee may advise the Agency on any maner referred to it by the Agency and the members of the Committee may altend the meeting of the Agency for that purpose. 23. The fixing of the seal of the Agency shall be authenticated by the signaiUre of lhe Chainnan and the Director of the Agency. 24. Any contract or instrument which would not be required to be made under seal (if made by a person not being a body corporate) may be made or executed on behalf of the Agency by the Director or by any person generally or specially authorized to act for the Agency. ,, E11n-,.011m ... ~111al Protection Agency [CAP. 150 25. Any document purponing to be a contract or instrument or other documents duly signed or sealed on behalf of the Agency shall be received in evidenc c and shall, unless the contrary ,s proved be presumed without further proof to have been so signed and sealed. 26. The ,·alidity of an) proceedings of the Agcnc, or of a committee of the Agency shall :10l be affected by: (a) anv vacancy in the membership of th~ A;ency or a Committee ti1ereof; or (b) at~· defect in the appointment of a member of,the Agency or any Committee thereof. 27. A member of the Agency or a Committee of the Agency who has personal interest in any contract or a;anoement emered into or proposed to be considered shall forthwith disclose his interests and shall not vote on an) question relating to the contract or arrangement. 28. The power 10 enforce the provisions of this Law shall be in accordance with the procedures la,d down m the second schedule to this Law. 6111T" 2129 fauienual \::iluc of dm:umcnt~ \ ahd11~ of proc:ccd1111,:1, D1scloi.urc of m1crcs1 l;nforccmcnl 29. The Ka1sina State Environmental Sanitation "'"''' Law. 1984 is hcrebv repealed. FrRST SCHEDULE ~ENVrROl'\MEl\'TAL STANDARD WATER QUALITY Section 8 1 (2) 1. (I) The Governor sh all on t h~ recommendation of the Agency establish water quality standard for the waters in the State to protect publtc health welfare and enhance the quality of water for the purpose of this Law. 2130 [CAP. 150 Environmental Protection Agency (2) ln making the recommendation for the establishment of such standard, the Agency shall take into consideration the use and value of public water ~ supply. propagation of fish and wild life. recreation purpose. agricultural, industrial and other legitimate uses. (3) The Governor may establish d.ifferent water quality standard for different uses. NOISE 2. (I) THE agency shall in consultation with the appropriate authority: (a) identify major noise sources. noise criteria and noise contrnl technology; and \b) establish noise abatement programmes and noise emission standards as it may deem necessary to preserve and maintain public health and welfare. (2) Any criteria adopted to identify any noise shall reflect the scientific knowledge applied in indicating the kind and extent of all identifiable effect on public health or welfare which may be expected from differing quantity of noise. (3) The Governor shall on the recommendation of the Agency make provisions for the control of noise from industrial, commercial. domestic, spons. recreation. transportation on other similar activities. 3. (I) The discharge of hannful quantities of any hazardous substances on any land or water in the State is prohibited except where such discharge is pem1ined by any law in force in the State. . , £. -ct;~ .... ~~:::!:1.:-~~ .... ..i:'i:7." • .. •• Enviro11111emal Protection Agency [CAP. ISO (2) Any person who contravenes the provisions of subsection (1) of th.is section commits an offence and shall be liable on conviction to a fine not exceeding fsl I 00,000 or for a tenn of imprisonment not exceeding IO years or both such fine and imprisonment. - (3) V-'here the offence under subsection {I) of this section i;: committed b,· a body corporate it shall b~ liable on conviction to a fine not exceeding fl/500.000 and a fine of/II 1.000 for every day the offence subsists. (4) Nothing contained in this section shall render any person liable to any punishment if he proves that the offence was committed without his knowledoe or that he exercised diligence to prevent the commissi;n of the offence. SECOND SCHEDULE ENFORCEMENT POWERS I. Any authorized officer may without a warrant: (a) require to be produced, examine and take copies of any licence, permit. cenificate or other documents required under this Law: or (b) require to be produced and examined any appliance, device or other items used in 'relation to environmental protection. 2. (I) Where an authorized person has reasons to believe that an offence has been committed a~ainst this Law may without wairant: - 2131 [C .. p 150 £11\llromnemal Prorcction Agt'ncy rh; '"' emer and search any land. building. vehicle. tent or other structure where he believes an offence has been comm111ed against this Law: cause 10 be arrested any r~rson \\"he, he has reuson 10 believe has commi11ed such offence: tali:::-snmples and perform ic-sts on an} substance relating to the offence which i~ found on land. building. ,·ehiclf!. tent or any other structure; and seize any item or substance which he has reason to believe has been used in the commission of such offence or in respect of \\"hich the offence has been commined. (2) A written receipt shall be issued for anything seized under subsection ( 1) of this section and the grounds for such seizures shall be stmed on the receipt. (3) Anv person who: (a/ willfully obstructs an authorized officer from exercising. his po\\"ers. or (hi fails to comply with a la\\"ful enquiry or requirements made by an authorized officer pursuam io section 2 of this Law ~ommits an offence and shail on con\"iction be liable to a fine not exceeding 1'1500.000 or to imprisonment for a 1em1 not exceeding l 0 years or 10 both such fine and imprisonment. 3. (l) i authorized officer not in unifonn sldl produce an identification or wrinen authoriry to the person against whom he is taking action to prove that he is an authorized officer under this Law. E1mro11111e11wi Pro1ec1io11 Agency [CAI'. J 50 /2) It shall not be an offence to refuse !C• comp!, \\"ith an) request. demand or order made b~ an authorized officer not in urnfo1111 1( t1c fails 10 produce an 1demification or \\"rittcn authont,· to the person against whom he is I-aking. action. 4. ( 11 ;\o action shall be instituted 111 any corn1 against the Agency. a member of the Agency or an employee of the Agl.!11C) for an) act done-in pursuance to or in the e-xi..:cution of such I.a,, or exccu11on oi public duties unless it is commenced "ithin 1,wh ,, months next ~fter the ceasing of the act. neglect or default. (2) 0JlC pli::mlar month notice of intemion to commence an action heforc a court or lcm· shall be served upon the Agency In an intending plaintiff or Im agent which said action shall 1101 commence until the cxpinnion of a notice of intcntic,n to commence the action. (3) The Notice of intention to commence the action shall clearly swte: (a/ the cause of act ion: (hi the particulars or claim: (c) the name and place of abode of the intending plc,inti ff; and (,/) the rclii.:fwhich he claims. 5. The notice referred to in parngraph -l of this schedule and any summons. notice or other documents required or authorized 10 be scn·ed upon the Agenc,· may be served by delivering same 10 the Chain11an or the Director or by sending it by registered post :1d ed 10 the Director of the Agency. 2134 [CAP. 150 Environmemal Protection Agency 6. No execution or attachment or process shall be issued against the Agency in any suit or action but where judgment is entered against the Agency in respect of any sums of money, the Agency shall subject to any directions given by the Agency pay such sums from the reserve fund of the Agency. 7. A member, auditor, agent or any employee of the Agency may be indemnified by the Agency against any liability incurred by him in defending any proceedings against the Agency if such proceeding is brought against him in his official capacity. 8. If any person falsely represents himself as an authori1ed officer of the Agency and assume to do any act or attend any place for the purpose of doing any act on behalf of the Agency he shall be guilty of an offence and shall where no specific penalties are prescribed, be liable to a fine not exceeding N20,000 or to imprisonment not exceeding 2 months or to both such fine and imprisonment. 9. (I) Where a body corporate or a member of a partnership or other firm or business contravenes any provisions of this Law, every director or officer of that body corporate or any member, of the partnership or other person concerned with the management of such firm or business shall on conviction be liable to a fine not exceeding N500,000 and in addition shall be liable to pay compensation for any damage resulting from such breach or to repair and to restore the polluted environmental area to an acceptable level as approved by the Agency. (2) A body corporate, a firm, partnership or other business shall not be liable to any punishment if it proves to the satisfaction of the Court that: - ...J. Enviro11111e111al Pro1ec1io11 Agency [CAP. ISO (a) (b) it used due diligence to secure compliance with t.'le provisions of this Law; and such offence was committed without its knowledge, consent or connivance. 2135 1 11 I i '