1. Environmental Laws and Regulations
Relating To
Environmental Impact Assessment
Presented By
Dr.(Mrs.) Felicia Chinwe Mogo
Contact me: felichimogo@yahoo.com
LinkedIn: Felicia Chinwe Mogo
Ph.D. Ecology/Ecotoxicology;
MSc. Environmental Science and Technology (Ecotoxicology )
PGD. Environmental Science and Technology;
BSc. Biological Science (Biosystematics/Botany);

2.  The Need for sustainable development made some 114
Government Leaders, representatives from various countries and
some 30,000 participants to meet in Stockholm at the United
Nations Conference on Human Environment in June, 1972.
 Nigeria was represented.
 The Conference, amongst other issues, recognized that mankind
faces extinction from his activities, which have degraded the
quality of the environment and the resources found therein,
 Each government was enjoined to make concerted efforts through
legal and other means (such as enlightenment) to combat the
emerged, emerging and highly damaging environmental
problems.

3.  Since then, it has been emphasized that for man’s continued
existence on earth, he must continually develop interventions/legal
means to:
 combat/manage the myriads of environmental problems
generated by his activities,
 Ensure immediate environmental remediation and protection,
 Ensure sustainable development,
 Provide a level playing field for all, especially the industries to
contribute to better quality of life without depleting the
environment

4.  A complex body of law made up of global, international,
national, state and local
statutes,
treaties,
conventions,
regulations and
policies
which seek to protect the environment and natural
resources affected, impacted or endangered by human
activities.

5. Environmental Laws serve as Means of inducing
responsible attitudes and behaviours towards the
environment
Effective instruments for:
 environmental protection,
 planning,
 pollution,
 prevention and
 control

6.  Draws from and is influenced by principles of
environmentalism (advocacy for or work toward protecting the
natural environment from destruction or pollution) including:
ecology
conservation
stewardship
Responsibility
sustainability

7. The components of Nigerian Environmental Laws/ Regulatory System are
many laws that are not exclusively "environmental“ but nonetheless include
significant environmental components and integrate environmental policy
decisions. includes but are not limited to:
1. Environmental Impact Assessment Act 92 of 1986
2. Constitution of the Federal Republic of Nigeria (1999):The national
legal order, recognizes the importance of improving and protecting the
environment and makes provision for it.
3. National Policy on Environment, 1989(revised 1999) :The thrust of the
policy is the achievement of sustainable development in Nigeria.
4. Land Use Act, 1978 (Cap 202, Lfn 2004): the rights of all Nigerians to
use and enjoy land in Nigeria and the Natural fruits thereof in sufficient
quality to enable them to provide for the sustenance of themselves and
their families should be assured, protected and preserved’.
5. Nigerian Criminal Code: The Code makes it an offence punishable with
up to six-month imprisonment for any person who Violates the
atmosphere in any place so as to make it noxious to the health of persons
in general dwelling or carry on business in the neighbourhood

8. 6. Exclusive Economic Zone Act, CAP E11, LFN 2004: Makes it illegal to
explore or exploit natural resources within the Exclusive zone without
lawful authority.
7. Nigeria’s Local Agenda 21: Nigeria’s Local Agenda 21 programme seeks to
integrate environment into development planning at all levels of government
and the private sector. Etc
8. The Nigerian Urban And Regional Planning Act CAP N138, LFN 2004:
Aimed at overseeing a realistic, purposeful planning of the country to avoid
overcrowding and poor environmental conditions.
9. Nigerian Mining Corporation Act. CAP N120, LFN 2004: It has authority
to engage in mining refining activities and to construct and maintain roads,
dams, reservoirs, etc.
10. Nuclear Safety And Radiation Protection Act, CAP N142, LFN
200:Concerned with the regulation of the use of radioactive substances and
equipment emitting and generating ionizing radiation.
11. Water Resources Act, CAP W2, LFN 2004: The Water Resources Act is
targeted at developing and improving the quantity and quality of water
resources. The following sections are pertinent:
COMPONENTS OF NIGERIAN ENVIRONMENTAL LAW/
REGULATORY SYSTEM. Cont.d

9. 12. FORESTRY LAW CAP 55, 1994: Prohibits any act that may lead to
the destruction of or cause injury to any forest produce, forest growth
or forestry property in Nigeria.
13. Harmful (Special Criminal Provisions)Waste Act:
a. Sale, purchase, transit, transportation, deposit or storage of harmful
wastes is prohibited.
b.This carries a strict liability offence which is punishable with life
imprisonment (no option of fine) as well as forfeiture of all facilities
and places used or connected with the commission of the crime. The
polluter is also liable for the restoration of the polluted environment.
14.River Basins Development Authority Act, CAP R9, LFN 2004:
Concerned with the development of water resources for domestic,
industrial and other uses, and the control of floods and erosion.

10. 1. National Environmental Standards And Regulation
Enforcement Agency (NESREA) ACT 2007.
2. National Oil Spill Detection And Response Agency
(NOSDRA) Act, 2006: it establishes NOSDRA as the lead
agency on oil spillage matter with clear mandate to
administer the National Oil Spill Contingency Plan (NOSCP).

11. Deals with the considerations of environmental impact in
respect of public and private projects.
 Section 2 (1) requires an assessment of public or private
projects likely to have a significant (negative) impact on
the environment.
 Section 2 (4) requires an application in writing to the
Agency before embarking on projects for their
environmental assessment to determine approval.
 Section 13 establishes cases where an EIA is required and
 Section 60 creates a legal liability for contravention of any
provision.

12.  Mineral Oils (Safety) Regulations of 1962,
 Oil in Navigable Waters Act of 1968
 Mineral Oils (Safety) Regulation (Revised) of 1997
 Environmental Guidelines and Standards for the Petroleum Industry in Nigeria
(EGASPIN) of 2002
 The House of Representatives yesterday perfected the legislative framework pegging
the deadline for gas flaring in Nigeria's petroleum sector at December 31, 2012 and
also imposed stiff penalties on oil firms that may flout the new regulations.
 This followed the adoption of the report of its Committee on Gas Resources on a Bill
for an Act to Amend the Associated Gas Re-injection Act No. 99 of 1979 Cap. A25,
Laws of the Federation of Nigeria. The report was laid before the House on July 22,
2009 but was brought forward for consideration only yesterday and considered at the
level of the Committee of the Whole.

13. Thank You