Environmental Protection Agency Law, Chapter 51 of 1991

THE LAWS OF THE ADAMAWA STATE OF NIGERIA in force on the 1st day of January, 1993 REVISED.EDITION PREPARED UNDER THE AUTHORITY OF THE REVISED EDITION (LAWS QF GONGOLA STATE OF NIGERIA) LAW, 1989 .ll by Professor S�m Scruton Richardson, A.O., c.B.E., M.A.(Oxf.), • •: , LL.0.(ABU), . D. Univ. of Canberra, of Lincoln's Inn, Barrister-at-Law and formerly Director of the Institute of Administration, Ahmadu Bello Unii:ersity Sir Nigel Vernon Reed, C.B.E., T.D., LL.B.(NZ), LL.B.(Cantab) of Lincoln's Inn, Barrister-at-Law and formerly Chief Justice of the Northern States of Nigeria Mr. Joseph Lionel McNeil, M.O.N. of Lincoln's Inn, Barrister-at-Law and formerly Senior Lecturer in the Faculty of Law, Ahmadu Bello University COMMISSIONERS FOR THE REVISION OF THE LAWS OF ADAMAWA STATE OF NIGERIA IN THREE VOLUMES VOLUME2 CONTAINING ADAMAWA STATE LAWS, CHAPTERS 44-80 1997 4 Environmental Protection Agency [CAP. 51 CHAPTER51 ENVIRONMENTAL PROTECTION AGENCY ARRANGEMENT OF SECTIONS SECTION PART I-PRELIMINARY 1. Citation and commencement. 2. Interpretation. PART II-ESTABLISHMENT OF ADAMAWA ENVIRONMENTAL PROTECTION AGENCY 3. Establishment of Adamawa Environmental Protection Agency. 4. Composition of the Agency. 5. Tenure of office of members of the Agency. 5, Emoluments of members of the Agency. ' PART Ill-FUNCTIONS AND POWERS OF THE AGENCY 7. Functions of the Agency. · 8. Powers of the Agency to give grants, etc. 9. · Powers to accept gifts, etc. 10. Procedure of the Agency. 11. Committees of the Agency. p ART IV-MANAGEMENT AND STAFF OF THE AGENCY 12. The Director. 13. Staff of the Agency. 14. Execution of contracts and authentication of documents. 15. Secretary. 16. Internal Auditor. PART V-FINANCIAL PROVISIONS 17. Funds oftheAgency. 18. Estimates of income and expenditure. 19. Bank accounts and borrowing powers of the Agency. 20. Investments and funds. 21. Loans to employees. 22. The Agency to keep proper books of account. 23. Audit. ·767 768 CAP. 51] Environmental Protection Agency p ART VI-GENERAL 24. Directions by Commissioner. 25. Directions by Governor. 26. Annual Reports. 27. Powers to inspect, etc. 28. Powers to search, seize and arrest. 29. Authorised officers to disclose identity. 30. General penalties. 31. Offences by bodies of persons. 32. Regulations. 33. Bye-laws and administrative instructions. 34. Procedure in respect of suits against the Agency etc. 35. Service of documents. 36. Restrictions on execution against the property of the Agency. 37. Indemnity of members and employees of the Agency. 38. Proceedings privileged. �ency. Environmental Protection Agency [CAP. 51 CHAPTER SI ENVIRONMENTAL PROTECTION AGENCY* AN EDICT TO ESTABLISH AN AGENCY TO MONITOR AND TO ENFORCE ENVI RONMENT AL PRoTEcr1ON MEASURES 769 ADS 9 of 1991. TRS 4 of 1994. [ 16 December. 1991] Date of PART I-PRELIMINARY commence­ ment. 1. This Edict may be cited as the Environmental Protection Citation. Agency Edict. 2. In this Edict, unless the context otherwise requires:­ "appropriate agencies" means ariy government agencies which have jurisdiction over the land or water affected by the pollution or any government agencies which ordinarily have jurisdiction over the operation which led to the pollution; "authorised officer" means any employee of the Agency, any · police officer not below the rank of an Inspector, or any customs officer; "Commissioner" means the Commissioner charged with the . responsibility of the environment; "Court" means the State High Court; "Director" means the Managing Director of the Agency appointed under section 12 of this Edict; "disposal" includes both land-based disposal and dumping in waters and airspace of Nigeria; "effluent limitation" means any restriction established by the Agency on quantities, rates and concentration of chemical, physical, bioligical or other constituents which are discharged from point sources into the waters of Nigeria; * This Law was made by Adamawa State and gazetted as ADS 9 o f 1991. Adopted by Taraba State in TRS 4 of 1994. Interpreta­ tion. 770 CAP. 51] Environmental Protection Agency "environment" includes water, air, land and all plants and human beings or animals living therein and the inter-relation­ ships which exist among these or any of them; "financial year" means a period of twelve months commenc­ ing on 1st January; "Government" means the Government of the State; "Governor" means the Governor of the State; "hazardous substance" includes any substance designated as such by the Commissioner by order published in the Official Gazette; "new source" means any source, the construction of which is commenced after the publication of any regulations prescrib­ ing a standard of performance under this Edict, which is applicable to such source; "offshore facility" means any facility of any kind located over, in, on or under any of the waters of the State; "onshore facility" means any facility (including but not lim­ ited to water vehicles and rolling stock) of any kind located over, in, on or under any land within the State other than submerged land; "owner" or "operator" means:- (a) in the case of a vessel, any person owning, operationg or chartering by device such vessel; (b) in the case of an onshore facility or an offshore facility, any person owning or operating such onshore or off­ shore facility; and (c) in the case of an abandoned offshore facility, the person who owned or operated such facility immediately prior to such abandonment; "point source" means any discernable, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation or vessel or other floating craft from which pollutants are or may be discharged; "pollution" means man-made or man-aided alteration of chemical, physical or bioligical quality of the environment to 'I I nd all plants and the inter-relation­ m; tonths commenc- te State; e; ce designated as d in the Official :tion of which is lations prescrib­ Edict, which is 1d located over, ng but not lim­ y kind located ate other than , operationg or �shore facility, 1shore or off- ty, the person ediately prior and discrete pipe, ditch, !, container, 10n or vessel e or may be Iteration of 1ronment to ii !j 1, 1: II ,, Environmental Protection Agency [CAP. 51 the extent that it is detrimental to that environment or beyond acceptable limits and "pollutants" shall be construed accord­ ingly; "removal" means removal of hazardous substances from the water of the State, including shorelines or the taking of such other action as may be necessary to minimise or mitigate damage to the public health or welfare, ecology and natural resources of the State; T '�State" means Adamawa State of Nigeria; Taraba State; "water of the State" means all water resources in any form, including atmospheric surface and sub-surface, and under­ ground water resources where the water resources are inter Local Government Areas, boundary waters, Exclusive Eco­ nomic Zone or in any other area under the jurisdiction of the State Government. TRS 4 of 1994. PART !I-ESTABLISHMENT OF ENVIRONMENTAL PROTECTION AGENCY 3.-(1) Pursuant to section 24 of the Federal Environmental Establish­ Protection Agency Act, there is hereby established in the State a ifiii�i!mer. body to be known as the Environmental Protection Agency, in this ta! Protec- Edict referred to as "the Agency" tion Agency · 58 of 1988. (2) The Agency shall be a body corporate with perpetual succes- sion and a common seal and may sue and be sued in its corporate name. 4. The Agency shall consist of the following members all of Composition whom shall be appointed by the Governor- oAfthe· gency. (a) a Chairman who shall be a person with wide knowledge in environmental matters; (b) four distinguished scientists; (c) one representative each of the following Ministries:­ (i) Health; (ii) Works and Transport; (iii) Agriculture; (iv) Water Resources and Rural Development; (d) the Director referred to in section 12 of this Edict. 772 Tenure of office of members of the Agency. Emoluments of members of the Agency. Functions of the Agency. CAP. 51] Environmental Protection Agency 5.-(1) All the members of the Agency, other than ex-officio members, shall, subject to subsections (2) and (3), hold office for a period of two years. (2) A member may at any time resign his office in writing addressed to the Governor and may be removed from office by the Governor for disability, neglect of duty or misconduct. (3) A member nominated by any Authority as its representative on the Agency shall cease to be a member if the Governor, on the recommendation of the Authority, by writing addressed to him and copied to the Chairman of the Agency revokes his appoint­ ment. ( 4) The Chairman of the Agency shall notify the Governor of any vacancy occurring in the membership of the Agency. (5) A member of the Agency ceasing to hold office shall, subject Ito subsection (2) and (3), be eligible for re-appointment for a j further period of two years only. ( 6) Where a member of the Agency is incapacitated by illness or any other cause from performing the functions of his office, the Governor may appoint another person to act in his office until the member is able to resume the performance of his functions. 6. There shall be paid to members of the Agency in respect of their membership such subsistence, travelling and other allow­ ances as the Governor may approve in relation to them. PART III-FUNCTIONS AND POWERS OF THE AGENCY 7. The Agency shall, subject to this Edict, have responsibility for the protection and development of the environment in general and environmental technology, including initiation of policy in relation to environmental research and technology; and without prejudice to the generality of the foregoing, the Agency shall:- ( a) advise the Government on State Environmental policies and priorities and on scientific and technological activities affecting the environment; (b) prepare periodic master plans for the development of envi­ ronmental science and technology and advise the State on ,f �t a )r le 1e of w- ity ral Ill ::mt �ies ties wi­ : on Environmental Protection Agency [CAP. 51 the financial requirements for the implementation of such plans; (c) promote co-operation in environmental science and techno­ logy with similar bodies in other States and with national bodies connected with the protection of the envirionment; (d) co-operate with Federal and State Ministries, Local Govern­ ment Councils, statutory bodies and research agencies on matters and facilities relating to environmental protection; and (e) carry out such other activities as are necessary or expedient for the full discharge of the functions of the Agency under this Edict. 773 . 8.-(1) In carrying out the functions prescribed in section 7 of Powers of this Edict and in other provisions of this Edict, the Agency shall:- ��e g�!ency (a) make grants to suitable authorities and bodies with similar grants, etc. functions for demonstration and for such other purposes as may be determined appropriate to further the purposes and provisions of this Edict; (b) collect and make available, through publications and other appropriate means and in co-operation with public or private organisations, basic scientific data and other infor­ mation pertaining to pollution and environmental protec­ tion matters; (c) enter into contracts with public or private organisations and individuals for the purpose of executing and fulfilling its functions and respGnsibilities pursuant to this Edict; (d) establish, encourage and promote training programmes for its staff and other appropriate individuals from public or private organisations; (e) enter into agreements with any public or private organisa­ tions and individuals to develop, utilise, co-ordinate and share environmental monitoring programmes, research ef­ fects, basic data on chemical, physical and bioligical effects of various activities on the environment and other environ­ mentally related activities as appropriate; (J) establish advisory bodies composed of administrative, tech­ nical or other experts in such environmental areas as the i i ', l ' ; ; i , ,'' ··i ! 774 Power to accept gifts, etc. CAP. 51] Environmental Protection Agency Agency may consider useful and appropriate to assist it in carrying out the purposes and provisions of this Edict; (g) establish such environmental criteria guidelines, specifica­ tions or standards for the protection of the State's air and inter-Local Government Council waters as may be neces­ sary to protect the health and welfare of the population from environmental degradation; (h) establish such procedures for industrial or agricultural activ­ ities in order to minimise damage to the environment from such activities; (i) maintain a programme of technical assistance to bodies (public and private) concerning implementation of environ­ mental criteria, guidelines, regulations and standards and monitoring enforcement of the regulations and standards thereof; and (j) develop and promote such processes, methods, devices and materials as may be useful or incidental in carrying out the purposes and provisions of this Edict. 9.-(1) Subject to subsection (2) of this section, the Agency may accept gifts of land, money, books or other property upon such terms and conditions, if any, as may be specified by the person making the gift. (2) The Agency shall not accept any gifts if the conditions attached thereto by the person making the gift are inconsistent. with the functions of the Agency under this Edict. Procedure of 10.-(1) The Agency shall ordinarily meet for the despatch of the Agency. business at such times and places as the Chairman of the Agency may from time to time appoint, but shall meet at least once in every three months. (2) At every meeting of the Agency the Chairman shall preside and, in his absence, the members present shall elect a person from among their number to preside at that meeting. (3) Every question coming before the Agency at any meeting shall be decided by a majority of the votes of members present. ( 4) The quorum at any meeting of the Agency shall be five. 1 assist it in , Edict; ;, specifica- te's air and , be neces- ation from tural activ- ment from to bodies •f environ- jards and standards :vices and 1g out the ency may pon such te person. >nditions )nsistent patch of : Agency once in preside on from neeting ·esent. ive. f )) fl P, -� ,, ;J ' ;i I, �,: ij» I I ,1 Environmental Protection Agency [CAP. 51 (5) The Chairman or other person presiding at any meeting of the Agency shall have a second or casting vote. (6) The Agency may co-opt any person as an adviser to attend any meeting of the Agency, but a person so co-opted shall not have the right to vote on any matter coming before thse Agency for decision at the meeting. (7) The validity of any proceedings of the Agency shall not be affected by any vacancy among its members or by any defect in the appointment of any of them. (8) A member of the Agency who is in any way directly or indirectly interested in any contract or transaction or project of the Agency shall disclose the nature of his interest at a meeting of the Agency, and the disclosure shall be recorded in the minutes of the Agency and the member:- (a) shall not take part in any deliberation or decision of the Agency with respect to that contract or transaction or project; (b) shall be disregarded for the purpose of constituting a quo­ rum of the Agency for any such deliberation or decision. (9) For the purposes of subsection 8 of this section, a general notice given at a meeting of the Agency by a member of the Agency to the effect that he is a member of a specified company or firm and is to be regarded as interested in any contract or transaction or project of the Agency concerning the company or firm shall be regarded as a sufficient disclosure of his interest in relation to that contract or transaction or project. {10) A member of the Agency need not attend in person at a meeting of the Agency in order to make any disclosure which he is required to make under subsection (8) of this section if he takes reasonable steps to secure that the disclosure is made by notice which is brought up and read at the meeting. {11) Any member who infringes subsections (8) and (9) of this section shall be liable to be removed from the Agency. 775 11.-(1) The Agency may appoint such number of standing and Committees ad-hoc committees comprising members of the Agency or non- fg���Y­ members or both as it thinks fit to consider and report on any matter with which the Agency is concerned. \: I ; 776 The Director. CAP. 51] Environmental Protection Agency (2) Every committee appointed under this section shall be presided over by a member.of the Agency. (3) The quorum of any committee set up by the Agency shall be as may be determined by the Agency. PART IV-MANAGEMENT AND STAFF OF THE AGENCY 12.-(1) There shall be appointed by the Governor a Director for the Agency. (2) The Director who shall be the Chief Executive of the Agency shall hold office on such terms and conditions as may be specified in his instrument of appointment. (3) The Director shall, subject to the policies laid down by the Agency, develop programes to carry out the purposes and pro­ visions of this Edict and, without prejudice to the generality of the foregoing, shall in particular and in consultation with appropriate agencies:- (a) establish programmes for the prevention, reduction and elimination of pollution of land and inter-state waters as well as state programmes for restoration and enhancement of the State's environment; (b) encourage and promote the co-ordination of environmen­ tally related activities at all levels; (c) utilise and promote the expansion of research, experiments, surveys and studies by public or private agencies, institu­ tions and organisations concerning causes, effects, extent, prevention, reduction and elimination of pollution and such other matters related to environmental protection as the Agency may, from time to time, determine necessary and useful; and (d) conduct public investigations on pollution. ( 4) Without prejudice to the generality of subsection (3) of this section, the Director shall, subject to the general control of the Agency on matters of policy and subject in particular to such regulations or bye-laws or administrative instructions as the Agency may make or give in that behalf under section 32 or section 33 of this Edict, be charged with the direction of the day-to-day Environmental Protection Agency [CAP. 51 business of the Agency and of its administration and the control of the employees of the Agency. 777 13.-(1) The Agency may, from time to time, engage such Staff of the employees as may be necessary for the proper and efficient Agency. conduct of the business of the Agency. (2) The Agency may also engage the services of such consultants and advisers as the Agency may determine. (3) Subject to this Edict, the employees and advisers of the Agency shall be engaged on such terms and conditions as the Agency may, with the approval of the Commissioner, determine. ( 4) Public officers may be transferred or seconded to the Agency or may otherwise give assistance thereto. 14.-(1) The use of the common seal of the Agency shall be Execution of authenticated by two signatures, namely:- contracts and authen- (a) the signature of the Director or some other member of the Agency authorised by the Agency to authenticate the appli­ cation of the seal; and (b) the signature of the Secretary or some other officer of the Agency authorised by the Agency to act in the Secretary's place for that purpose. (2) The Agency may by instrument in writing under its common seal empower any person either generally or in respect of any specified matters as its attorney, to execute deeds on its behalf in any place not situated in the State; and every deed signed by such attorney on behalf of the Agency and under his seal, shall be binding on the Agency and have the same effect as if it were under the seal of the Agency. (3) An instrument or contract which, if executed or entered into by a person other than a body corporate, would not require to be under seal, may be executed or entered into on behalf of the Agency by any member of the Agency if such person has previously been authorised by a resolution of the Agency to execute or enter into that particular instrument or contract. (4) The Agency, if it thinks fit, may by writing under its common seal appoint any person outside the State as Agent to tication of documents. I 778 Secretary. Internal Auditor. CAP. 51] Environmental Protection Agency execute an instrument or enter into a contract and the instrument or contract if executed or entered into on behalf of the Agency shall have effect as if it had been duly executed or entered into as prescribed for the purpose of this subsection. (5) Every document purporting to be an instrument executed or issued by or on behalf of the Agency and purporting to be:- (a) sealed with the common seal of the Agency authenticated in the manner provided by subsection (I) of this section; or (b) signed by and under the seal of a person appointed as attorney under subsection (2) of this section; or (c) signed by a member of the Agency or other person author­ ised in accordance with subsection (3) of this section to act for that purpose, shall be deemed to be so executed or issued until the contrary is shown. 15.-(1) The Agency shall have an officer to be designated as the Secretary. (2) The Secretary shall act as Secretary to the Agency at its meetings and shall, subject to the directions of the Agency, arrange the business for and cause to be recorded and kept minutes of all meetings of the Agency. (3) The Secretary shall also perform such functions as the Agency may by writing direct or as the Director may by writing delegate to him and shall be assisted in his functions by such employees of the Agency as the Director may direct. 16.-(1) The Agency shall have an internal auditor. (2) Subject to this Edict, the internal auditor shall be respon­ sible to the Director for the performance of his functions. (3) As part of his functions under this Edict, the internal auditor shall, at intervals of three months, report on the internal audit work carried out by him during the period of three months immediately preceding the preparation of the report, and submit the report to the Director who shall convene a meeting of the Agency as soon as possible to discuss the internal auditor's report. ment ;ency to as ed or ed in or d as :hor­ ) act ry is d as t its mge .fall the ting .uch ,on- itor 1dit tths mit the )rt. Environmental Protection Agency [CAP. 51 ( 4) Without prejudice to the general effect of subsection (3) of this section, the internal auditor shall make in each report such observations as appear to him necessary as to the conduct of the financial affairs of the Agency during the period to which the report relates. (5) The internal auditor shall send a copy of each report prepared by him under this section to the Governor and also to each of the following:- (a) the Commissioner responsible for Finance and Economic Planning; (b) the State Director of Audit; and (c) the Chairman of the Agency. p ART V-FINANCIAL PROVISIONS 779 17. The funds of the Agency shall include all revenue accruing Funds of the to the Agency from its operations from any source and subven- Agency. tions and appropriations from whatever source made. to the Agency. 18.-(1) The Agency shall submit to the Commissioner at such times and in such form as the Commissioner may, in consultation with the Commissioner responsible for Finance and Economic Planning direct, detailed estimates of its income and expenditure for the next following financial year. (2) The expenditure of the Agency shall be in accordance with the estimates as approved by the Commissioner acting in consulta­ tion with the Commissioner responsible for Finance and Eco­ nomic Planning. Estimates of income and expenditure. 19.-(1) The Agency may have bank accounts in such banks as Bank . t�e Commissioner responsible for Finance and EconO !f!iC Plan� b���!l�tnd mng may approve. powers of the Agency. (2) The Agency may obtain loans and other credit facilities on the guarantee of the Government from such banks as the Commis­ sioner and the Commissioner responsible for Finance and Eco­ nomic Planning may approve. (3) Apart from the powers of the Agency under subsection (2) of l; 780 Investments of funds. CAP. 51) Environmental Protection Agency this section, the Agency may, with the approval of the Com1 sioner responsible for Finance and Economic Planning bor from any other source. (4) The Agency may borrow temporarily by way of overdraf otherwise such sums as it may require for meeting its curr obligations or discharging its functions. (5) The Commissioner responsible for Finance and Econor: Planning may, on behalf of the Government guarantee the p formance of any obligation or undertaking of the Agency unc this Edict. ( 6) The Commissioner responsible for Finance and Econorr. Planning may, from time to time, in consultation with the Cor missioner, prescribe the max1mum sums which the Agency m; borrow under subsection (2) or (3) of this section. 20.-(1) The Agency may, subject to this Edict, and the cond tions of any trust created in respect of any property, invest all c any of its funds with the like consent or general authority. (2) The Agency may also invest any of its surplus funds in sucl securities as may be permitted by Jaw. Loans to 21. The Agency may grant loans to its employees for purpose: employees. approved by the Commissioner. The Agency 22. The Agency shall keep proper books of account and proper to keep pro- records in relation thereto. per books of account. Audit.- 23.-(1) The books and accounts of the Agency shall, withn three months after the end of each financial year, be audited in accordance with section 117 of the Constitution of the Federal Republic of Nigeria 1979 as amended. (2) The Agency shall pay fees in respect of the audit to the External Auditor appointed by the Agency. (3) For the purposes of subsection (2) of this section, the State Director of Audit may provide guidelines on the level offees to be paid to the External Auditor so appointed. 1mis­ rrow ft or rent mic Jer­ der me m- 1ay ii­ or :h !S r Environmental Protection Agency [CAP. 51 (4) The Agency shall, as soon as possible upon receiving the External Auditor's Report under this section, forward a copy of the Report to the Governor. (5) The Governor shall, as soon as practicable upon receipt of the Report thereof, cause to be laid before the State Executive Council a copy of the External Auditor's Report forwarded to him under this section. (6) The State Director of Audit shall comment on the Agency's annual accounts and the External Auditor's report thereon. . (7) Where the State Director of Audit comments on the Agen­ cy's annual accounts and the External Auditor's Report thereon, he shall submit his comments to the State Executive Council. PART VI-GENERAL 781 24; The Commissioner may give general directions in writing Directions to the Agency on matters of policy. by Commis­ sioner. 25. The Governor may, after consultation with the Agency, Directions give to the agency in writing in connection with any matter of ��r?over­ exceptional public importance, directions of a general character not being inconsistent with the provisions of this Edict or with the contractual or other legal obligations of the Agency relating to the exercise by the Agency of its functions under this Edict and the Agency shall give effect to such directions. 26.-( 1) The Agency shall, as soon as possible after the expira- Annual tion of each financial year but within six months after the Report. termination of that year, cause to be submitted to the Governor an annual report of the Agency dealing generally with the activities and operations of the Agency within that year which shall, without prejudice to the generality of the foregoing, include:- (a) a copy of the audited accounts of the Agency together with the State Director of Audit's report thereon (if any); (b) a statement of all directions given to the Agency under sections 24 and 25 of this Edict; (c) each report submitted by the Internal Auditor under section 16 of this Edict in relation to that financial year; and 782 Powers to inspect, etc. Powers to search, seize and arrest. CAP. 51] Environmental Protection Agency (d) such other information as the Governor may request. (2) A copy of the annual report shall be forwarded by the Agency to the Commissioner responsible for Finance and Eco­ nomic Planning and another copy to the Commissioner. (3) The Governor shall, not later than three months after receiving the annual report, cause it to be laid before the State Executive Council. (4) The Agency shall also submit to the Governor such other reports on the Agency's financial affairs as the Governor may by writing reasonably request from time to time. 27. For the purposes of enforcing this Edict, any authorised officer may, without a warrant:- (a) require to be produced, examine and take copies of any licence, permit, certificate or other document required un­ der this Edict or any regulations made thereunder; (b) require to be produced, and examine any appliance, device or other item used in relation to environmental protection. 28.-(1) Any authorised officer, where he has reasonable grounds for believing that an offence has been committed against this Edict or any regulations made thereunder, may, without a warrant:- (a) enter and search any land, building, vehicle, tent, vessel, floating craft or any inland water on other structure in which he has reason to be believe that an offence against this Edict or any regulations made thereunder has been committed; (b) perform tests and take samples of any substances relating to the offence which are found on the land, building, vehicle, tent, vessel, to believe that an offence against this Edict or any regulations made thereunder has been committed; (c) cause to be arrested any person who he has reason to believe has committed such offence; and (d) seize any item or substance which he has reason to believe has been used in the commission of such offence or in respect of which the offence has been committed. (2) A written receipt shall be given for any article or thing seized st. by the t1d Eco- 1s after 1e State h other may by horised of any red un- device ection. onable 1gainst hout a vessel, which , Edict tted; ting to ehicle, lict or i; ,e!ieve elieve or in ;eized Environmental Protection Agency [CAP. 51 under subsection ( 1) of this section and the grounds for such seizure shall be sated on the receipt. 29.-( 1) Any authorised officer, not in uniform when acting under this Edict, shall, on demand, declare his office and produce to any person against whom he is taking such identification and written authority as may reasonably be sufficient to show that he is an authorised officer for the purposes of this Edict. (2) It shall not be an offence for any person to refuse to comply with any request, demand or order made by any authorised officer not in uniform if such authorised officer refuses, on demand being made by such person, to declare his office or produce such identification or written authority. 30.-(1) Any person who:- (a) without lawful justification or excuse wilfully obstruct, hinders or resists any authorised officer in the exercise of his powers under this Edict; or (b) without lawful justification or excuse, refuses or wilfully fails to comply with any lawful enquiries or requirements made by any authorised officer under section 27 of this Edict; commits an offence under this Edict and shall, on summary conviction be liable to a fine not exceeding N 500,000.00 or to imprisonment for a term not exceeding 10 years or to both. (2) Any person who knowingly or recklessly makes any state­ ment in purported compliance with a requirement to furnish information which is false in a material particular commits an offence under this Edict and shall, on summary conviction, be liable to a fine not exceeding 1000 naira or to imprisonment for a term not exceeding 1 year or to both. (3) Any person who falsely represents himself to be an author­ ised officer of the Agency and assumes to do any act,or to attend in any place for the purpose of doing any act on behalf of the Agency commits an offence under this Edict and shall, on summary conviction, be liable to imprisonment for a term not exceeding 2 years. (4) Any person who contravenes any provision of this Edict or 783 Authorised officers to disclose identity. General penalties. 784 Offences by bodies of persons. CAP. 51) Environmental Protection Agency regulations made thereunder in respect of which an offence has not been prescribed commits an offence under this Edict and shall, on summary conviction, be liable to a fine not exceeding N 20,000.000 or to imprisonment for a term not exceeding 2 years or to both. 31.-(1) Subject to subsection (2) of this section, where anoffence under this Edict or under any regulations made thereunderis committed by a body of persons, then:- (a) in the case of a body corporate, other than a partnership,every director or Secretary or similar officer of such body;and (b) in the case of a partnership every partner of the partnership,shall on summary conviction, be liable to a fine not exceedingNS00,000.00 for such offence; and addition, shall be ordered topay compensation for any damage resulting from such breachthereof or to repair and restore the polluted environmental area toan accepti;ible level as approved by the Agency. (2) No person commits an offence by virtue of subsection (I) ofthis section if he proves to the satisfaction of the court:- (a) that he did not consent to, or connive at, the commission ofthe offence; and (b) that he did all in his power to prevent the commission of theoffence having regard to all the circumstances. Regulations. 32.-(1) The Commissioner may, on the advice of the Agency, make such regulations for the purposes of giving effect to theprovisions of this Edict. (2) Without prejudice to the generality of subsection (1) of thissection, regulations made thereunder may, in particular prescribestandards for:- (a) noise control; and (b) control of hazardous substances and removal methods. Bye-laws 33. The Agency may, from time to time, issue bye-laws or fr�1i�1r,i nis- administrative instructions in writing for regulating the internal structions. operation of the Agency including but without prejudice to the ii ot )n ng lrS m er P, y; p, 1g to :h :o )f )f .e I' e s e r 1 l l Environmental Protection Agency [CAP. 51 generality of the foregoing, the regulation of the conditions of service of the employees of the Agency. 785 34.-(1) No suit against the Agency, a member of the Agency or Procedure in an employee of the Agency for any act done in pursuance or ��iis e���i�st execution of any law, or of any public duties, or in respect of any the Ag ency, alleged neglect or default in the execution of such law, duties or etc. authority, shall lie or be instituted in any court unless it is commenced within twelve months next after the act, neglect or default complained of or, in the case of a continuance of damage or injury within twelve months next after the ceasing thereof. (2) No suit shall be commenced against the Agency before the expiration of one month after written notice of intention to commence the suit shall have been served on the Agency by the intending plaintiff or his agent; and the notice shall clearly and explicitly state:- (a) the cause of action; (b) the particulars of the claim; (c) the name and place of abode of the intending plaintiff; and (d) the relief which he claims. 35. The notice referred to in section 34(2) of this Edict and any summons, or other document required or authorised to be served on the Agency under the provisions of this Edict or any other law may be served by delivering the summons, notice or other docu­ ments to the Chairman of the Agency or the Director or by sending it by registered post addressed to the Director at the Secretariat of the Agency. 36. In any action or suit against the Agency no execution or attachment or process in the nature thereof shall be issued against the Agency, but any sums of money which by judgement of the court is awarded against the Agency shall, subject to any directions given by the Agency, be paid from the general reserve funds of the Agency. Service of documents. Restrictions on execution against the prop erty of the Agency. 37. Every member, agent, auditor or employee of the Agency Indemnity of for the time being shall be indemnified out of the assets of the :::i�te��loy­ Agency against any liability incurred by him in defending any ees of th e Agency.