National Environmental (Standards for telecommunications and broadcast facilities) Regulations 2011. S.I. no. 11/2011

Extraordinary Federal Republic of Nigeria Official Gazette No. 38 Lagos - 29th April, 2011 Vol. 98 Government Notice No, 124 The following is published as Supplement to this Gazette ' S. 1. No. Short Title Page i National Environmenta! (Standards for Telecommunications and Broadcast Facilities) Regulations, 2011 a ; B 361-370 Printed and Published by The Federal Goverament Printer, Abuja. Nigena FGP 69/7201 1/300 (OL 33) Annual Subgeripiion froe) ist January, 2011 in Local 815.000.00 Overseas > N21 KD.LKI Surface Mail] N24900.00 [Seoom! Class Air Mail], Present iar NE 500.00 per copy. Sebscribers who wish io obtain Geesetfe alter tat hoary shoald apply t the Federal Government Printer. Lage tor amended Subscripcions B 31 NATIONAL ENVIRONMENTAL (STANDARDS FOR TELECOMMUNICATIONS AND BROADCAST FACILITIES) REGULATIONS, 2011 ARRANGEMENT OF RECHtILATIONS REGULATION | 1 Citation. 2. Thrust. 3. Objectives. 4. Scope. 5. Environmental Requirements for Siting and Installation. 6. Abandoned Telccommunications/Broadcast Base Stations and Mast/ ‘Towers. 7. Environmental Monitoring and Inspection. $8. Permissible Radiation Level. 9. Guidelines und Standards for the use of Power Generators. 10. Enforcement, ii. Sanctions 12, Disclaimer of Liability. 13. Interpretations. Scxepute |: Permissible Noise Levels. S. I. No. 11 of 2011 B 363 NATIONAL ENVIRONMENTAL (STANDARDS FOR TELECOMMUNICATIONS AND BROADCAST FACILITIES) REGULATIONS, 2011 In exercise of the powers conferred on me by Section 34 of the National Environmental Standards and Regulations Enforcement Agency (Establishment) Act 2007, und ull other powers enabling me in that behalf, I, Mux Journ Ouny, Honourable Minister, Federal Ministry of Environment, hereby make the following Regulations [28th Day of April, 2011} Commence meat, 1. These Regulations may be cited as the National Environmental = Citation. (Standards for Telecommumcations/Broadcast Facilities) Regulations, 2011. 2. The principal thrust of these regulations is to among others, ensure “Thrust. consistent application of Environmental Laws, Regulations and Standards in all sectors of the telecommunicahons and broadcast mdustry in Nigeria. 3.—(1) The main objective of these regulations is to protect the Objectives. environment and human health, ensure safety and general welfare, elumunate OF minimize public and private losses due to activities of the telecommunications and broadcast mdustry (2) The specific objectives are to— {a) ensure that the installation and operation of telecommunicahions and broadcast base stations and masts do not constitute public nuisance and/or have negative impacts on public health and safety , (4) restnet and prohibit environment impacting activities which are dangerous to health, safety and property due to activities of the telecommunications and broadcast industry operators ; {c) address concems about public safety, safety of personnel and equipment in the sectoral operauions, and set out the corporate and individual responsibilities of owners, operators. designers and fabricators of telecommunications and broadcast masts, towers and ancillary facilities ; (d) ensure conformity with applicable international codes and environmental best practices in telecommmunications and broadcast industry facilities and operations . (e) stipulate appropriate sanctions for offences on non-compliance with the mandatory provisions of these Regulahons . ; (f) encourage the sharing or co-location of telecommunications/ broadcasting masts , and {z) achieve any other purpose deemed necessary or appropriate to effectuate the objectives of these Regulations. Environmental Requirements foe Siting and hhnpact Assessment. Eawvironmcntal Audit. 4. These Regulations shall apply to all cnvironment impacting activities in the context of the operations and services of the telecommunications and broadcast industry within Nigeria. §.—{1) Notwithstanding the provisions in any other Regulations or Guidelines on Environmental Requirements for siting and installation of telecommunications/broadcast base stations, masts and towers : (a) all new telecommunications/broadcasting base stations and masts/ towers shall be erected and operated in compliance with the provisions of the Environmental Impact Assessment (EIA) Act, Cap, E12, Laws of the Federation of Nigeria, 2004, in addition to the submission of site-specific Environmental Impact Assessment (EIA) to the Agency ; and (b) all existing telecommunications/broadcasting base stations and masts/towers that have been erected without an EIA shall be subjected to an Environmental Audit (EA) in accordance with the National Environmental Standards and Regulations Enforcement Agency {NESREA) Guidelines on EA. (2) All operational telecommunications/broadcasting facilities shall be subjected to environmental audit once in every three (3) years. (3) Without prejudice to the Guidelines on Technical Specitications for the Installation of Telecommunications Masts and Towers issued by the Nigerian Communications Commission (NCC) and any relevant Guidelines or Code issued by the National Broadcasting Commission (NBC), the siting and installation of base stations and masts/towers shall : (a) not be detrimental to environmental protection, public health, safety or general welfare : (6) not have any negative effect on the host and immediate transit neighbourhood ; (c) be in conformity with the plan of the particular area and the general plan of the host and immediate transit community . (d) have an Environmental Compliance Signage (ECS) issued by the Agency ; (e) comply with all extant natural resources conservation laws, regulations and guidelines with regard to siting of facilities near any protected and ecologically sensitive areas such as National Parks, Forests and Games Reserves, Wildlife Sanctuaries and Corridors, Biosphere Reserves as well as sensilive Wellands and Watersheds ; (f) adopt stealth and/or camouflage design of masts and towers to reduce their visual impacts in designated areas and other places as may be determined by NESREA, from time to time ; and (g) not violate compliance with any other applicable laws, regulations or pundelines issued by relevant authorities in Nigeria. (4) (1) All new facilities shall ; (a) primarily be located in industrial, commercial and business arcas {b) have a minimum setback of ten (10) meters from the perimeter wall (fence) of residential/business premises, schools and hospitals to the base of the masU/tower ; and (c} where there 1s no perimeter wall (fence). have a minimurn of twelve {12} meters from the wall of residential/business premises, schools and hospitals to the base of the mast/tower. (2). All new facilities shall not be intrusive by way of excessive height or cluttered structure, design and arrangement. 6.—{1) Any telecommunications/broadcasting base station and mast/ tower that has not been in operation for a period of three years shall he considered abandoned (2) Abandoned telecommunications/broadcasting base stations and masts/towers shall not be allowed to pose threats to the environment, human health and safety. (3) Without prejudice to the provisions of the Guidelines on Technical Specifications for the Installation of Telecommunications Masts and ‘Towers issued by the Nigerian Communications Commission (NCC) and relevant guidelines by the National Broadcasting Commission (NBC), an abandoned mast or tower shall be removed in conformity with the Environmental Impact Assessment (EIA) Act, Cap EI2, Laws of the Federation, 2004 and the National Environmental Standards and Regulations Enforcement Agency (Establishment) Act, (2007) (NESREA Act, 2007) and the extant Regulations made pursuant thereto. (4) The site of any abandoned telecommunicaltions and broadcasting base station and mast/tower shall be restored to its natural state within six (6) months of termination of operation or abandonment. 7. The Agency shall carry out routine inspection and monitoring of all telecommunications/broadcasting facilities to determine compliance with these Regulations. B 365 Additional Requirements for new Facilites. Abandoned Telecommmuni cations! Buxadkesting Base Stations. Masts and ‘Towers. Exviranmental Monitoring and Inspection. B 366 Level. Guidelines and Seondards for the ese of 8.-—(1) Radiation levels from telecommunications /broadcasting base stations shall be monitored to ensure that the base stations do not transmit electromagnetic waves with potential adverse effects on people and the environment, (2)Permissible radiation level for occupational staff on site and for the gencral public shall conform with all extant standards, regulations and the permissible limits approved for telecommunications/broadcasting facilitics by the World Health Organisation (WHO) and the International Commission on Non-lonising Radiation Protection (ICNIRP) and any amendments thereof. 9.—{}) Environment friendly power source, such os solar, hydro. wind. etc, shall be encouraged. (2) Where fossil fuel power generating sew ure used. there shall be 2 minimum setback of fifteen (15) meters from any existing surface water body or domestic water source. (3) Standards and permissible levels for generator setback, noise level. vibration, smoke and all forms of pollution as outlined here-in shall not be exceeded ; (a) power generating sets located within 4 telecommunications/ broadcasting base station must he sited not less than six (6) meters away from the perimeter wall (fence) of residential premises but where there is no fence it shall be eight (8) meters from residential premises ; (b) all power generating sets shall be sound proof and shall conform with the permissible noise Icvels as outlined in Schedule I to these Regulations ; (c) all power generating sets shall be appropriately installed to minimise vibrations to the environment and adjacent facilitics ; (d) the exhavst of all power generating scts shall not be directed towards any adjacent landed property ; (¢) stack monitoring of power generator exhaust emissions shall be cammed out during every service maintenance and the record shall be entered into the maintenance log book of the facility ; (emission levels from generator exhausts shall conform with the Agency's guidelines on permissible limits for noise and air quality standards in Nigeria ; (g} waste oil, sludge andoil filters from power generating sets shall be handled and disposed of in accordance with extant laws and regulations (h) ctfivents and any other liquid wastes or discharges from the operation shall be handled and disposed of in conformity with extant guidelines and reins boned by Ss ae Ee X ed of in Rertadeice with the relevant guidelines and regulations = B 367 (a) notify the facility of such non-compliance ; (b) re-inspect the site for compliance. fourteen (14) days after the notification ; (c) Issue a notice directing compliance, where non-compliance persists in spite of sub-regulations (1) (@) and (6) of this Regulation. (2) Pursuant to. the provisions of the NESREA Act, 2007. any person who obstructs an officer of the Agency in the performance of his duties commits an offenes (3) An owner or operator of telecommunications/broadcasting facility (ies) who violates any of the provisions of these Regulations shall hx deemed to have committed un offence. (4) An officer of the Agency may, in the course of his duty under these Regulations, at any time * (cz) enter any premises or facility to take samples or specimen for analysis and measurements in length or level of standards to which these Regulations relate ; and ()) take any further appropriate action which be reasonably believes is necessary for the purpose of effectuating the provisions of these ‘Regulations. 11.—(1) Any person who violates the provisions of regulation 10(2) of Sanctions Be monn ee cron (#41,000,000,00) Naira or imprisonment for one year or to both such | Fine and imprisonment and an additional fine of fifty thousand naira (N50. (2) Any person who violates the provisions of regulations 5, 6, 7, 8 and 9 of these Regulations commits an offence and shall on conviction be liable toa fine not exceeding five million (N5,000 000.00) Naira or imprisonment B 368 Disclaimer of Liability. Interpreta tions. fora term of five (5) years or to both such fine and imprisonment and an additional fine of fifty thousand (N50, 000.00) Naira for everyday the offence subsists. (3) Any person found guilty under sub-regulation (2) of this regulation shall, in addition to the sanction under that said sub-regulation, clean up and remediate the polluted environment. 12. These Regulations shail not create lability on the part of the Agency or any other authorized or approving Body or employee thercof for any damages that may result from reliance on these Regulations or any administrative decision lawfully made there under. 13.—(1) For the purpose of these Regulations, certain terms, words and phrases shall, whenever used, have the meanings ascribed to them here under. (2) Words used in the present tense shall include the future tense and the singular includes the plural, unless the context clearly indicates the contrary. (3) The term “shall” where ever used implies mandatory and is not discretionary. (4) The word “may” is permissive and the term “should” although permissive but indicates strong suggesuion. (5) The word or term nol interpreted under these Regulations shall be construed according to the rules of grammar and common usage so as fo give these Regulations, their most reasonable application. (6) In these Regulations . “Act” means National Environmental Standards and Regulations Enforcement Agency (Establishment) Act, 2007. “Agency” means National Environmental Standards and Regulations Enforcement Agency (NESREA). “Abandoned telecommunications and broadcasting base station, mast/ tower” means telecommunication and broadcasting base station, mast/tower left and no Jonger wanted, used or needed and has not been in operation for a period of three (3) years. “Destgnated Areas” means hospitals, schools, National Parks and other places as may be determined by NESREA, from time to nme. “Director General” means the Director General/Chief Executive Officer of the Agency. “Host community” means the =, fe neighbourhood housing the facility. “ICNIRP™ means International Com ussion on Non-Ionising Radiation “Minister™ means Minister in ¢ eof environment. “Person” includes an indivi ty. y, corporation, firm, operator, trust, commission, board, public or nership, joint venture, agency, Federal/State agencies or any : “Premises” means land and | | : “Public Nuisance” means any act that infringes or is intended to infringe on the rights and /or welfare of the public. “Regulations” mean National Eavironmental Regulations, 2011 and other Regulations made pursuant to the NESREA ACT, 2007. “Remediation” means action taken to improve or minimise pollutants from an environment. “Restoration” means an action taken to put an impacted or polluted area back to its initial condition or state. "Telecommunications/ Broadcasting Tower” means a self — s1 pporting Of guyed structure more than 5 meters in height, built to support one or more telecommunications / broadcasting antennas. “Tower Height™ means the distance measured from ground level to the highest point of any and all components of the structure, including antennas. hazard lighting and other appurtenances. “WHO™ means World Health Organisation. B 369 AN r N \ B 370 SCHEDULE PermissiaLe Nore Leavers Regulation 9(3)(b) The specified permissible noise levels for residential areas, hospitals and schools und commercial arcas are as shown hercunder. Environment / Habitat Permissible Noise Levels (Decibels) Day time (6am -10pm) Night time (10pm — 6am) Residential! areas 50 35 Hospitals and Schools 45 35 Commercial! areas 55 a5 Note ; Levels above background measurement. Mave at Abuja this 28th Day of April, 2011. Me Jom Opry Honourable Minister. Federal Ministry of Environment