National Environmental (Control of Charcoal Production and Export) Regulations, 2014. S.I. no. 62/2014

Extraordinary Federal Republic of Nigeria Official Gazette No. 140 Lagos - 17th December, 2014 Government Notice No. 253 The following is published as supplement to this Gazette : S.I. No. Short Title 62 National Environmental (Control of Charcoal Production and Export) Regulations, 2014 Printed and Published by The Federal Government Printer, Lagos, Nigeria FGP 150/ l 02015/300 Vol.101 Page B773-787 Annual Subscription from 1st January. 2015 is Local : N25.000.00 Overseas : N37,500.00 [Surface Mail) N49,500.00 [Second Class Air Mail]. Present issue NLS00.00 per copy. Subscribers \Yho wish to obtain Ga=elle after 1st January should apply to the Federal Government Printer, Lagos for amended Subscriptions. NATIONAL ENVIRONMENTAL STANDARDS AND REGULATIONS ENFORCEMENT AGENCY (ESTABLISHMENT) ACT, 2007 NATIONAL ENVIRONMENTAL (CONTROL OF CHARCOAL PRODUCTION AND EXPORT) REGULATIONS, 2014 ARRAKGEMENT OF REGULATIONS Regulation : PART I- OBJECTIVES AND APPLICATION 1. Objectives. 2. Application. PART II- PROHIBITION ON EXPORT 3. Prohibition on export without approval. PART III-APPLICATION FOR CHARCOAL EXPORT PERMIT 4. Application for charcoal export permit. PART IV- CONTROL OF COMMERCIAL PRODCCTION AND HANDUNG OF CHARCOAL OR CHARCOAL PRODUCTS 5. Engaging in commercial charcoal production without Permit or Improved Charcoal Production System (ICPS). 6. Conditions for Commercial Production of Charcoal . 7. Conditions for the transport of Charcoal or Charcoal Products. 8. Permit Holder to submit Permit to Enforcement Authority. 9. Validity of Permit. 10. Renewal of Permit. 11. Cancellation, Revocation or Suspension of Permit. 12. No alteration, endorsement, lending or transfer of a Permit. p ART V-DELINEATION OF ROLES 13. Federal and State Departments of Forestry, Enforcement Authority and Enforcement Officer's Roles. PART VI-ENFORCEMENT PROCEDURES 14. Power to Enter, Search and Seal Premises. 15. Enforcement Notice. 16. Delivery of Enforcement Notice. 17. Failure to Comply with Enforcement Notice. 18. Powers of an Enforcement Officer. B 773 B 774 PART VII- OFFENCES AND PENALTIES 19. Offences and Penalties. PART VIII- M1s cELLANEOUS PROVISIONS 20. Interpretation. 21. Citation. SCHEDULES S. I. No. 62 of 2014 NATIONAL ENVIRONMENTAL STANDARDS AND REGULATIONS ENFORCEMENT AGENCY (ESTABLISHMENT) ACT, 2007 NATIONAL ENVIRONMENTAL (CONTROL OF CHARCOAL PRODUCTION AND EXPORT) REGULATIONS, 2014 In the exercise of the powers conferred on me by section 34 of the National Environmental Standards and Regulations Enforcement Agency (Establishment) Act, 2007 and all other powers enabling me in that behalf, I, L.-RRE:\TI.-\ LAR.\B.-\ M . .\LL.-n1, Minister, Federal Ministry of Environment, hereby make the following Regulations (9 th Day of December, 2014) PART I-OBJECTIVES AND APPLICATION 1. The objectives of these Regulations are to protect Nigeria's ecosystem from.further depletion arising from charcoal production and hand I ing including its export, and in particular to (a) regulate the export of charcoal or charcoal products ; ( b) regulate felling of trees for charcoal production ; (c) ensure improved domestic charcoal production systems; and (cl) regulate Inter and Intra State trade in charcoal or charcoal products. B 775 · Commence• ment. Objectives. 2.-(1) These Regulations shall apply to- Application. (a) domestic production and handling of charcoal in Nigeria; (b) export of charcoa~ or charcoal products which are produced from approved sources ; (c) any person who engages in the (i) felling of trees for charcoal production ; (ii) Intra and Inter State transport of Charcoal for commercial purposes ; and (iii) export of charcoal or charcoal products which are produced from approved sources. (2) These Regulations shall not apply to charcoal used for subsistence. purposes. p ART II-PROHtBITI0N ON EXPORT 3.-( I) A person shall not export out of Nigeria any charcoal or charcoal products except with the approval of the Federal Department of Forestry and in accordance with the provisions of these Regulations. (2) Export of charcoal or charcoal products is prohibited except where they are derived from approved sources. Prohibition on export without approval. , B 776 Application for Charcoal Export Pcnnit. Engaging in commercial charcoal production without Permit or Improved Charcoal Production System (!CPS) Conditions for Commercial Production of Charcoal. PART III-APPLICATION FOR CHARCOAL EXPORT PERMlT 4.-( I) A person who wants to export charcoal or charcoal products derived from approved sources shall submit an application for a permit to the Federal Department of Forestry. (2) The application made under sub-regulation (1) of this regulation shall­ (a) be in the fonn set out in Form 3 of Schedule 1 to these Regulations; (b) provide proper description of the sources of the charcoal or the charcoal product to be exported, as the case may be ; and (c) comply with the requirements set out under Schedule IV to these Regulations. (3) All permits required for export of charcoal produced from approved sources shall be issued by the Federal Department of Forestry. ( 4) An application made under this regulation shall be considered by the Federal Department of Forestry and if approved, the Federal Department of Forestry shall issue a pennit to the applicant. PART IV-CONTROL OF COMMERCIAL PRODt;CTION AND HANDLING OF CHARCOAL OR CHARCOAL PRODUCTS 5. A person shall not (a) undertake or engage in any undertaking or activity relating to commercial charcoal production or handling without a valid permit issued by the Federal or State Department of Forestry, (referred to in these Regulations as "the Issuing Authority"), as the case may be ; or (b) carry out charcoal production without the use oflmproved Charcoal Production System (ICPS) as prescribed in Sc11edule III to these Regulations. 6.-( l) A person desirous of producing charcoal for commercial purposes shail upon the fulfillment of the requirements in Form 3 of Schedule I to these Regulations, apply for and obtain a permit from the Issuing Authority as set out in Form I of Schedule l to these Regulations, upon the payment of a prescribed fee. (2) The Issuing Authority, where it considers it expedient for ensuring sustainable charcoal production, shall at any time amend the requirements referred to in sub-regulation (1) of this regulation. (3) A person shall not be granted a pennit for charcoal production without having a reforestation and rehabilitation plan for the area from where the charcoal will be derived or produced. (4) A person shall not produce charcoal from marginal lands, fragile ecosystems, endangered, threatened and prohibited plant species listed in the Endangered Species Act or by the Convention oA Internationaf Tracte in Endangered Species of wild fauna and flora (CITES) as may be ratified and domestiGatedin Nigeria. 7. A person shall not transport charcoal or charcoal products for commercial purposes from one place to another in Nigeria t1nless (a) he is in possession of a valid Charcoal HandHngor Transport Permit issued as set out in Form 2.of Schedule l to these Regufations and is operating in conformity with the terms and conditions of such permit ; (h) the Charcoal Handling or Transport Permit as approved by the lssuing Authority specifies the vehicle or vessef conveying the charcoaf or charcoal products ; and • (c) the holder of the permit has paid the prescribed fee for the permit. 8. A person in whose name a permit is issued pursuant to these Regulations shall submit a copy of the permit to the National Environmental Standardsand Regulations Enforcement Agency (hereinafter referred as "the Enforcement Authority") on demand. Conditions for the .transport of Charcoal or Charcoal Products. Permit Holder to suomit Permit to Enforcement Authority. 9. A permit issued under these Regulations shall remain valid up to the Validity of date stated on the permit unless an act of violation is committed by the holder Permit. before the expiry date on the permit. 10. An application for the renewal of a permit shall be made at least one Renewal of month before the expiry date of the existing permit. Permit. 11.-( l) The Issuing Authority shall have the power to cancel, revoke or suspend a permit issued under these Regulations where the holder of the permit contravenes the provisions of these Regulations. (2) The Issuing Authority, shatl give fourteen days' notice of its intention to cancel, revoke or suspend a permit to a concerned party pursuant to sub­ regulation (1) of this regulation and the concerned party may fulfill any condition that may be specified in the notice before the expiry date stated on the notice. (3) The Issuing Authority may confinn or cancel a Permit for charcoal production or transport under these Regulations upon the expiry of the date stated under sub-regulation (2) of this regulation. (4) Whenever a permit issued under these Regulations is cancelled, revoked or suspended, the holder of the permit shalt cease operations of the charcoal production, h~ndling or transport until a new permit is issued by the Issuing Authority. Cancellation. Revocation or Suspension of Permit. B 778 No alteration. endorsement, lending or transfer of a pennit Federal and State Departments of Forcst11·, Enforcement Authority and Enforcement Officer's Roles. Power to enter, search and seal premises. (5} The holder of a permit which is cancelled pursuant to this regulation shal1, within fourteen days from the date of the cancellation surrender the permit to the Issuing Authority. 12. A person shal I not ( a) alter, endorse or lend a permit issued under these Regulations ; and (b) unless otherwise required and approved by the Issuing Authority, transfer to another person or use a permit issued under these Regulations for any other purpose other than the purpo~e for which it was issued. PART V-DEtlNEATION OF ROLES 13. In these regulations unless otherwise required (a) the Federal Department ofForestry shall be responsible for the issuance ofpennit for the export of charcoal obtained from .approved sources; (b) the State Department of Forestry shall be responsible for issuance of permit for the production of charcoal and for inter and intra state transport of charcoal ; ( c) the Enforcement Authority shaH be responsible for the enforcement of the provisions of these Regulations ;.and (d) an Enforcement Officer shall be responsible for entering into the premises of permit holders to monitor t11eir activities to ensure compliance with tl1e provisions of these Regulations. • p ART VI-ENFORCEMENT PROCEDURES 14. An Enforcement Officer shall regularly or on suspicion of non­ compliance with any of the provisions of these Regulations (a) enter, ~earch and seal any premises or facility where the holder of a permit is contravening or is suspected to be contravening or about to contravene the provisions of these Regulations; (b) at any time inspect the premises in which production, wholesale or retail trade in charcoal is being undertaken ; and (c) carry out inspections on charcoal production, handling or transport. Enforcement 15.-( I) An enforcement notice shall be served on the holder of a pennit Notice. where the Enforcement Authority is of the opinion that the holder of a permit has contravened, is contravening or is likely to contravene any condition governing the grant or usage of the permit. (2) An enforcement notice shall ( a) specify the acts constituting the contravention or that may lead to the contravention of any of the conditions of the permit; ,. ( b) specify the actions that must be taken to rectify the <:ontravention or act that may lead to the contravention of the<:onditions of the -permit; and (c) specify the period within which the actions referred to in sub-regulation (2) (b) of this regulation must be taken. 16. An Enforcement notice may be delivered by hand, registered post.or courier~ electronic transmission, newspaper publication, pasted at the facility or registered premises of the permit holder or any other means recognised by law. 17.-( l) Where a permit holder who had been served with an enforcement notice. fails to comply with tile provisions of these Regulations within the time specified in the notice, a reminder may be served on him. (2) Where a permit holder fails to comply with the notice served under sub--regutation (I) of this regulation within the time specified in the notice or reminder issued thereof, the facility or premises used by the permit holder in pursuance of the activities covered by the -permit, may be sealed by the Enforcement Authority and the Enforcement Authority may take any other • punitive action which it deems appropriate in the circumstance. 18. An Enforcement Officer may, in the course of his duty under these Regulations, at any reasonable time : (a) enter and search any premises or facility to­ (i) examine any record, (ii) take pictures, samples or specimen for analysis, and (iii) take measurements in length or of the Jevel of standards when required; (b) seize and detain for such time as may be necessary for the purpose of these Regulations any article which he reasonably believes was used to contravene any of the provisions of these Regulations; or ( c) examine wl1at he reasonably suspects to be a consignment transported, acquired or traded in violation of the provisions of these Regulations. PART VIl--OFFENCES ANO PENALTIES 19.~-fl) A person who violates any of the provisions of these Regulations commits an offence and shall be liable on conviction, to a fine of not less than one million Naira or a term of imprisonment of not more than five years, and an additional fine of ten thousand Naira for every day the offence subsists. (2) where the offence is committed by a body cooperate, it shall be liable on conviction, toa fine ofnot less than five million Naira and additional fine of fifty thousand Naira for every day the offence subsists. B 779 Delivery of enforcement notice Failure to comply with enforcement notice. Powers efan Enforcement Officer. Offences and Penalties. B 788 lntapn:tation. (3) A person who produces charcoal for commercial purposes without the use of an Improved Charcoal Production System as listed in Schedule Ill ofthese Regulations shall be liabte on conviction to a fine of not less than one m~Uion Naira or a term of imprisonment of not more than two years. (4} A person who violates any of the conditions on which a Permit is issued, commits an offence and shall be liable on conviction to a fine of not less than fifty thousand Naira or a term of imprisonment of not iess than six months or to both. such fine and imprisonment. (5) In-addition to any penalty to which such contravention applies, where a person i-s convicted of an offe nce, aRy cage, container, boat, aeroplane, vehicle or other arti-cles and equtpment in respect of or by means of which the offence was committed shall be forfeited to the Federaf Republic ofNigeria. p ART VIII-MISCELLANEOUS PROVISfONS 20. fn these Regulations, unless the context otherwise requires­ "Applicant" means a person who has applied fora Perm~t to produce or handle charcoal or charcoal products for commercial purposes ; "Approved Source" means source from '\vhich charcoal or charcoal products is being produced other than the use of forest trees and shrubs and may inctude saw-dust. bamboo, briquette, coconut-shell, animal-bones ; "Authorized Officer" means a staff of the Enforcement Authority ; "Charcoaf' means wood fuel product derived from carbonization of wood or other sources burnt in open or in an oven and used as fuel; "Commercial Charcoal Producer" means a person who produces charcoal for commercial purposes ; "Enforcement Authority" means the National Environmental Standards and Regulations Enforcement Agency (NESREA); "Export" means transporting and or selling of charcoal and charcoal products outside the territory ofNigeria; "Issuing Authority" means the Federal Department of Forestry or State Department of Forestry, as the case may be ; "Pasting" means the posting of a notice at the address of the owner or occupant of the premises or facility; or the putting of a notice in a public or conspicious place so that people including those the notice is meant for, can see it; "Person" means an individual or body corporate ; .-"'S.ubsistence purposes or Dom,estic Produc1io11" means charcoal production or handling in quantity not more-than twenty kilo grams; "Sustainable use" means judicious use of resour<;es in a manner that guarantees the use of same resources by future generations. ~ B 781 21. These Regulations may be cited as National Environmental (Control Citation. of Charcoal Production and Export) Regulations, 2014. ,.. B 782 SCHEDULE I PRESCRIBED FORMS FORM 1 (Regulation 6 {I)) APPLICATION FOR CHARCOAL PRODUCER PERMIT PART A : DETAILS OF APPLICANT Name of Licensee(s) .. . ............... ..... . ...... . .......... . .. . .................... . Personal Identification Number ............................................ . ..... .. . Full Address .... ......... .. .... .. . ... ... ... ........ .. . ... ... ......................... . .. PART B: MATERIAL CONSIDERATIONS Place(s) where Charcoal is to be Produced ... ................................... . . Designated Charcoal Collection Point(s) .. .. ............ ....... ....... ...... . ....... . Consent from Land Owner as Prescribed in Pait C of this Form ....... ..... .. . Types ofraw material to be Used for Charcoal Production ....................... . Source(s) of raw material to be Used .............................................. .. Type of technology to be Used .................................. ................ . .. . A Recommendation from Relevant Authority . ....... .......... . ......... ... ...... . Reforestation/Rebabi litation Plan for the Area ............. ............ . ......... . PART C : CONSENT FROM THE LAND OWNER Name of the Land Owner or Authorized Person ....... ...... .. ............ . ....... . Locality .............. . ............... . ... ...................................... .. .... . .. Issuer /Title Deed No .. . ....... . ..... .. . ............... . ... . .......................... . Full Address ......... . ................ . ............................................... . DECLARATION BY GRA1'TORfAUTH0RIZED PERSON I, ................... . ...... . ... .. ...... . .. . ................ .. ........ hereby give ................................. consent to produce charcoal on my parcel of land using indigenous or farm forestry wood resources in accordance with the provisions of these Regulations. ,,~ Name of Land Owner/Authorized Person Signature Date PART D: DECLARATION Bv APPLICANT I hereby certify that the particulars given above are correct and true to the best of my knowledge and belief. I understand that the Charcoal Permit may be suspended, revoked or cancelled if any information given above is false, misleading, wrong or incomplete. Name Signature Date PART E: FOR OFFICIAL USE ONLY Approved/Not Approved ...................................... . ...................... . Co1n1nents ........................................................... -.................. . Name ofOfficer. ............................ Designation .......................... . Signature ............... ......... Date ..................... . Fees Paid in Words ................................................... ................ . In Figures ............................................................................. . Date of Issue .............................. Signature ............................... .. (Director, State Department of Forestry) FORM2 (Regulation 7 (a)) CHARCOAL TRANSPORT PERMIT Na1ne .................................... State ................. LGA .................... . Address ............................................................................... . Nationality ....... .... .............. ... ID No/Passport No ........................... . Vehicle Reg. No ..................................... . is hereby authorized to transport charcoal and or charcoal products named herein below: B 783 B 784 Charcoal or Charcoal Products Quantity From To 2. Reasons for Transport .................................................... .. 3. Date of Transportation .......................................................... .. 4. Date of Expiry ........................... ..................... . .................. .. . 5. Official Receipt No ..... ..... .. ................... .............. .... ...... .. 6. Name of Issuing Officer ..... .. . ... .. ............. .. . ... .............. ... .. . Designation ........................................... Signature ........................... .. . Fees Paid in Words ............ .... . ........ ........................... ...... .. ..... .. In Figures ................................. Date of Issue . ... ... .......... .... . ... . . Director, State Department of Forestry FORM3 (Regulation 4(2) (a)) APPLICATION FOR CHARCOAL EXPORT PERMIT PART A: DETAILS OF THE APPLICANT Name of Applicant (Association or Firm) ......................................... .. Personal Identification Number .................................................... .. Full Address ........ .............. ... ...... .... .......... ...... .. ..... ........... .. .. .. Business Location Name of Building/Place . ........ ..... ....................... . ... ... ........... ....... . Street/Road .............. .. .............. ... .. .... . ......... ........ ......... ......... .. . Town . .. .......... .... .. ....... ....... .. .. .-................................................. .. District. ...... ..... .............. .. .. .. . ............. .................................. .......... . Export Regulation Certificate .... .............. ..... . .............. .. .. ........... .. .. . . PART B : BUSINESS DETAILS (a) Other than the business for which this Application is made, are you involved in any other trade in the Forestry Industry? YEs/No .. .. ... ... ... . .. .. (b) If yes to sub-paragraph (a) of this paragraph, specify nature or type of business(es) ... ................. .. ...... ... ... .. ... . . . Charcoal and Charcoal Products Quantity Value Name and Address of Consignee/Supplier .. .. ... ................ ............... ... .. . PART C : DECLARATION BY APPLICANT(S) I/We declare that the particulars and information supplied by me/us herein are true, accurate and correct in every respect. I/We understand clearly that discovery of any false information provided by me/us will render this application invalid. Nan1e ..... .. .. ... .. .. . . . ... .. ... . .. .. ... Rank .......................................... ..... . Date ... ... . .. . . ... .. .. .. .. .. ... .. .. .. . .. ....................................................................... . Signature .. . . .. .... . ... . .. .. . ....... . .. .............. . ..... . .. .. . . PART D : FOR OFFICLAL USE O NLY Approved/Not Approved .. ... ........ .. .... ... ..... .. ... .... .. ..... . ... ............. . Con11nents . ..... .................. .. .... ... ...... .... ..... ... ... .............................. . Name of Officer ............................................................. . .. . .. ... . Signature . ... .............. . .... Date . ... .. .. ... .... ..................... .. Fees Paid in Words .......... . ..... .. ................. .. .In Figures .. .. . ........ .... . Date of Issue .... . ....... .......... . Director, Federal Department of Forestry (Name/Signature/Date) B 785 B 786 SCHEDULE II REQUIREMENTS FOR COMMERCIAL PRODCCTION AND HANDLING OF CHARCOAL AND CHARCOAL PRODUCTS 1. An application to produce charcoal and charcoal products for commercial purposes shall be granted in fulfillment of the conditions of application in the prescribed Form 1 as set out in the F irst Schedule to the State Department of Forestry and forward same to the Enforcement Authority ; and to also consider : (a) the place(s) where charcoal is to be produced ; (b) designated charcoal collection point(s); (c) consent from the owner, or authorized institution, of the land where charcoal is to be produced as set out in Form 1 of the First Schedule; (d) tree species and number or volume of trees to be felled for charcoal production ; (e) type of technology to be used in the production of charcoal as prescribed under these regulations; and (f) a reforestation or rehabilitation plan of the producer of charcoal. 2. Provision of other information as may be deemed necessary ; and 3. Payment of the prescribed fee. SCHEDULE III [Regulations 5(b) and 19(3)] LIST OF IMPROVED CHARCOAL PRODUCTION SYSTEM (ICPS) FOR TRADITIONAL AND MODERN SYSTEMS 1. Retort Kiln. 2. Other improved systems that do not encourage direct open burning. SCHEDULE IV [Regulation 4 (2)(c)] REQUIREMENTS FOR EXPORT OF CHARCOAL MADE FROM APPROVED SOURCES I. A person seeking a Permit under these Regulations shall submit an application in the prescribed Form 3 of Schedule 1 to the Director, Federal Depa11ment of Forestry and shall provide a proper description of the sources of charcoal. 2. Where an application underthis Regulation is approved by the Director of Federal Department of Forestry, a permit and safety ce11ificate may be issued to the applicant, subject to : (a) payment of the prescribed fee ; and (b) submission of an Export Permit to Appropriate Authority in Nigeria. IssuED at Abuja this 9th day of December, 2014. MRS. LAURENTIA LARABA MALLAM Honourable Minister of Environment EXPLANATORY NOTE (This Note does not form part of these Regulations but is intended to explain its purport) These Regulations set out measures to protect Nigeria's ecosystem from further depletion arising from charcoal production, export of charcoal or charcoal products and felling of trees for charcoal production ; ensure improved domestic charcoal production systems ; and regulate Inter and Intra State trade in charcoal or charcoal products. B 787