ENVIRONMENTAL IMPACT ASSESSMENT ACT

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ENVIRONMENTAL IMPACT ASSESSMENT ACTARRANGEMENT OF SECTIONSPART IGeneral principles of environmental impact assessmentSECTION1. Goals and objectives of environmental impact assessment.2. Restriction on public or private project without prior consideration of the environmental impact.3. Identification, etc., of significant environmental issues.4. Minimum content of environmental impact assessment.5. Detailed degree of environmental significance.6. Examination of environmental impact assessment by the Agency.7. Opportunity for comments by certain groups.8. Decision not to be given until the appropriate period has elapsed.9. Decision on the effect of an environmental impact assessment to be in writing.10. Supervision of the activity.11. Notification to potentially affected States or local government area, etc.12. Mandatory study list not to be carried out without the report of the Agency.PART IIEnvironmental assessment of projects13.Cases where environmental assessment is required.14.Excluded projects.15.Environmental assessment process.16.Factors for consideration of a review panel.17.Factors not included.18.Screening.19.Declaration of class screening report.20.Use of previously conducted screening.

21.Decision of the Agency.22.Mandatory study.23.Use of previously conducted mandatory study.24.Public notice.25.Decision of Council.26.Referral to Council.27.Termination by responsible authority.28.Termination by Council.29.Referral by Council.30.Decision of the Council.31.Appointment of mediator.32.Determination of parties.33.Mediation.34.Subsequent reference to review panel.35.Appointment of review panel.36.Assessment by review panel.37.Hearing of witnesses.38.Public notice.39.Decision of Agency.40.Design and implementation.41.Certificate.42.Definition of jurisdiction.43.Joint review panel.44.Substitute for review tes environmental effects.

48.International environmental effects.49.Environmental effects on Federal and other lands.50.Application of certain provisions.51.Power to prohibit a proponent.52.Injunction.53.Commencement of prohibition.54.International agreement.55.Public registry.56.Preparation of statistical summary.57.Defect in form or technical irregularity.PART IIIMiscellaneous58. Power to facilitate environmental assessment.59. Power to make regulations.60. Offence and penalty.6l. Interpretation.62. Short title.SCHEDULEMandatory study activitiesENVIRONMENTAL IMPACT ASSESSMENT ACTAn Act to set out the general principles, procedure and methods to enable the prior consideration ofenvironmental impact assessment on certain public or private projects.[1992 No. 86.][10th December, 1992][Commencement. ]PART I

General principles of environmental impact assessment1.Goals and objectives of environmental impact assessmentThe objectives of any environmental impact assessment (in the Act referred to as "the assessment") shall be‐(a)to establish, before a decision is taken by any person, authority, corporate body orunincorporatedbody, including the Government of the Federation, State or localgovernment intending to undertake orauthorise the undertaking of any activity, thosematters that may likely or to a significant extent affect theenvironment or have an environmental effect on thoseactivities and which shall first be take into account;(b)to promote the implementation of appropriate policy in all Federal Lands(however acquired) States and local government areas, consistent with all lawsand decision‐making processes through which the goal and objective inparagraph (a) of this section maybe realised;(c)to encourage the development of procedures for information exchange,notification and consultation between organs and persons when proposedactivities arelikely to have significant environmental effects on boundary ortrans‐State or on the environmentof bordering town and villages.2. Restriction on public or private project without prior consideration of the environmental impact(1) The public or private sector of the economy shall not undertake or embark on or authorise projects oractivities without prior consideration, at an early stage, of their environmental effects.(2) Where the extent, nature or location of a proposed project or activity is such that it is likely tosignificantly affect the environment, its environmental impact assessment shall be undertaken in accordance withthe provisions of this Act.(3) The criterion and procedure under this Act shall be used to determine whether an activity is likely tosignificantly affect the environment and is therefore subject to an environmental impact assessment.(4) All agencies, institutions (whether public or private) except if exempted pursuant to this Act, shall,before embarking on the proposed project, apply in writing to the Agency, so that subject activities can be quicklyand surely identified and environmental assessment applied as the activities are being planned.3. Identification, etc., of significant environmental issues(1) In identifying the environmental impact assessment process under this Act, the relevant significantenvironmental issues shall be identified and studied before commencing or embarking on any project or activityconvened by the provisions of this Act or covered by the Agency or likely to have serious environmental impact onthe Nigerian environment.(2) Where appropriate, all efforts shall be made to identify all environmental issues at an early stage inthe process.4. Minimum content of environmental impact assessmentAn environmental impact assessment shall include at least the following minimum matters, that is‐

(a)a description of the proposed activities;(b)a description of the potential affected environment, including specificinformation necessary to identify and assess the environmental effect of theactivities;(c)proposeda description of the practical activities, as appropriate;(d)an assessment of the likely or potential environmental impacts of theproposed activity and the alternatives, including the direct or indirectshort‐term and long‐term effects;(e)an identification and description of measures available to mitigate adverseenvironmental impacts of proposed activity and assessment of thosecumulative,measures;(f)an indication of gaps in knowledge and uncertainty which may be encounteredcomputing the required information;in(g)an indication of whether the environment of any other State or localgovernment area or areas outside Nigeria is likely to be affected by theproposed activity or its alternatives;(h)a brief and non‐technical summary of the information provided underparagraphs (a) to (g) of this section.5.Detailed degree of environmental significanceThe environmental effects in an environmental assessment shall be assessed with a degree of detailedcommensuration with their likely environmental significance.6.Examination of environmental impact assessment by the AgencyThe information provided as part of an environmental impact assessment shall be examined impartially by theAgency prior to any decision to be made thereto (whether in favour or adverse thereto).7.Opportunity for comments by certain groupsBefore the Agency gives a decision on an activity to which an environmental assessment has been produced, theAgency shall give opportunity to government agencies, members of the public, experts in any relevant disciplineand interested groups to make comment on the environmental impact assessment of the activity.8.Decision not to be given until the appropriate period has elapsedThe Agency shall not give a decision as to whether a proposed activity should be authorised or undertaken untilthe appropriate period has elapsed to consider comments pursuant to sections 7 and 17 of this Act.9.Decision on the effect of an environmental impact assessment to be in writing(1) The Agency's decision on any proposed activity subject to environmental impact assessment shall‐(a)be in writing;

(b)state the reason therefor;(c)include the provisions, if any, to prevent, reduce or instigate damage to theenvironment.(2) The report of the Agency shall be made available to any interested person or group.(3) If no interested person or group requests for the report, it shall be the duty of the Agency to publish itsdecision in a manner by which members of the public or persons interested in the activity shall be notified.(4) The Council may determine an appropriate method in which the decision of the Agency shall bepublished so as to reach interested persons or groups, in particular the originators or persons interested in theactivity subject of the decision.10. Supervision of the activityWhen the Council deems it fit and appropriate, a decision on an activity which has been the subject of anenvironmental impact assessment, the activity and its effect on the environment or the provisions of section 9 ofthis Act shall be subject to appropriate supervision.11. Notification to potentially affected States or local government area, etc.(1) When information provided as part of an environmental impact assessment indicates that theenvironment within another State in the Federation or a local government area is likely to be significantly affectedby a proposed activity, the State or the local government area in which the activity is being planned, shall, to theextent possible‐(a)notify the potentially affected State or local government of the proposedactivity;(b)transmit to the affected State or local government area any relevantinformation of the environmental impact assessment;(c)enter into timely consultations with the affected State or local government.(2) It shall be the duty of the Agency to see that the provisions of subsection (1) of this section arecomplied with and the Agency may cause the consultations provided pursuant to subsection (1) of this section totake place in order to investigate any environmental derogation or hazard that may occur during the constructionor process of the activity concerned.12. Mandatory study list not to be carried out without the report of the Agency(1) When a project is described on the mandatory study list specified in the Schedule to this Act or isreferred to mediation or a review panel, no Federal, State or local Government or any of their authority or agencyshall exercise any power or perform any duty or functions that would permit the project to be carried out in wholeor in part until the Agency has taken a cause of action conducive to its power under the Act establishing it, or hastaken a decision or issued an order that the project could be carried out with or without conditions.[Schedule.]

(2) Where the Agency has given certain conditions before the carrying out of the project, the conditionsshall be fulfilled before any person or authority shall embark on the project.PART IIEnvironmental assessment of projects13. Cases where environmental assessment is requiredNotwithstanding the provisions of Part I of this Act, an environmental impact assessment shall be required where aFederal, State or local government agency authority established by the Federal, State or local government council‐(a)is the proponent of the project and does any act or thing which commits theState or local government authority to carrying out the project inwhole or in part;Federal,(b)makes or authorises payment or provides a guarantee for a loan or any otherform offinancial assistance to the proponent for the purpose of enabling theproject to be carried outin whole or in part,except when the financial assistance is in the form of any reduction, avoidance, deferral, removal, refund,remission or other form of relief from the payment of any tax, duty or excise under the Customs Excise Tariff, etc.(Consolidated) Act or any order made thereunder, unless that financial assistance is provided for the purpose ofenabling an individual project specifically named in the enactment, regulation or order that provides the relief tobe carried out;[Cap. C49.](c)has the administration of Federal, State or local government and leases orotherwise disposes of those lands or any tests in those lands or transfers theadministrationand control of those lands or invests therein in favour of theFederal Government or its agencies for thepurpose of enabling the project tobe carried out in whole or in part; or(d)under the provisions of any law or enactment, issues a permit or licence,grantsan approval or takes any other action for the purpose of enabling theproject to be carried out in wholeor in part.14. Excluded projects(1) An environmental assessment of a project shall not be required where‐(a)in the opinion of the Agency the project is in the list of projects which thePresident or the Council is of the opinion that the environmental effects of theto be minimal;project are likely(b)the project is to be carried out during national emergency for which temporarymeasures have been taken by the Government;(c)the project is to be carried out in response to circumstances that, in the opinion of the Agency,the project is in the interest of public health or safety.

(2) For greater certainty, where the Federal, State or local government exercises power or performs a duty orfunction for the purpose of enabling projects to be carried out, an environmental assessment may not be requiredif‐(a)the project has been identified at the time the power is exercised or the dutyfunction is performed; andor(b)the Federal State, or local government has no power to exercise any duty orfunctions in relation to the projects after they have been identified.perform15. Environmental assessment processWhenever the Agency decides that there is the need for an environmental assessment on a project before thecommencement of the project, the environmental assessment process may include‐(a)a screening or mandatory study and the preparation of a screening report;(b)a mandatory study or assessment by a review panel as provided in section 35Act and the preparation of a report;(c)of thisthe design and implementation of a follow‐up program.16. Factors for consideration of a review panel(1) Every screening or mandatory study of a project and every mediation or assessment by a review panelshall include a consideration of the following factors, that is‐(a)the environmental effects of the project, including the environmental effectsofmalfunctions or accidents that may occur in connection with the project andany cumulativeenvironmental effects that are likely to result from the projectin taking into consideration withother projects that have been or will becarried out;(b)the significance or, in the case of projects referred to in section 47,48 or 49,seriousness of those effects;the(c)comments concerning those effects received from the public in accordanceprovisions of this Act;with(d)measures that are technically and economically feasible and that wouldmitigate any significant or, in the case of projects referred to in sections 47, 48adverse environmental effects of the project.or 49 any serious(2) In addition to the factors set out in subsection (1) of this Act, every mandatory study of a project and everymediation or assessment by a review panel shall include a consideration of the following factors, that is‐(a)the purpose of the project;(b)alternative means of carrying out the project that are technically andeconomically feasible and the environmental effects of any such alternativemeans;

(c)the need for and the requirements of any follow‐up programme in respect oftheproject;(d)the short‐term or long‐term capacity for regeneration of renewal resourcesthat arelikely to be significantly or, in the case of the projects referred to insections 47, 48, or 49 of this Act,seriously affected by the project; and(e)any other matter that he Agency or the Council at the request of the Agency,mayrequire.(3) For greater certainty, the scope of the factors to be taken into consideration pursuant to subsection(1) (a), (b) and (d) and subsection (2) (b), (c) and (d) of this section shall be determined‐(a)by the Agency; or(b)where a project is referred to mediation or a review panel, by the Council, after consulting theAgency, when fixing the terms of reference of the mediation or review panel.(4) An environmental assessment of a project shall be required to include a consideration of theenvironmental effect that could result from carrying out the project during the declaration of a nationalemergency.17. Factors not included(1) The Agency may delegate any part of the screening or mandatory study of a project, including thepreparation of the screening report or mandatory study report, but shall not delegate the duty to take a course ofaction pursuant to section 21 (1) or 39 (1) of this Act.(2) For greater certainty, the Agency shall not take a course of action pursuant to section 21 (1) or 39 (1)unless it is satisfied that any duty or function delegated pursuant to subsection (1) thereof has been carried out inaccordance with the provisions of this Act or any relevant enactment.18. Screening(1) Where the Agency is of the opinion that a project is not described in the mandatory study list or anyexclusion list, the Agency shall ensure that‐(a)a screening of the project is conducted; and(b)a screening report is prepared.(2) Any available information may be used in conducting the screening of a project, but where the Agencyis of the opinion that the information available is not adequate to enable it to take a course of action pursuant tosection 21 (1) of this Act, it shall ensure that any study and information that it considers necessary for that purposeare undertaken or collected.19. Declaration of class screening report(1) Where the Agency receives a screening report and the Agency is of the opinion that the report couldbe used as a method in conducting screening of other projects within the same class, the Agency may declare the

report to be a class screening report.(2) Any declaration made pursuant to subsection (1) of this Act, shall be published in the Gazette and thescreening report to which it relates shall be made available to the public at the registry maintained by the Agency.(3) Where, in the opinion of the Agency, a project or part of a project is within a class in respect of which aclass screening report has been declared, the Agency may use or permit the use of that report and the screeningon which it is based to whatever extent the Agency considers appropriate for the purpose of complying withsection 12 of this Act.(4) Where the Agency uses or permits the use of a class screening report, it shall ensure that anyadjustments are made that in the opinion of Agency are necessary to take into account local circumstances andany cumulative environmental effects that in the opinion of the Agency are likely to result from the project incombination with other projects that have been or will be carried out.20. Use of previously conducted screening(1) Where a proponent proposes to carry out, in whole or in part, a project for which a screening reporthas been prepared but the project did not proceed or the manner in which it is to be carried out has subsequentlychanged or where a proponent seeks the renewal of a licence permit or approval referred to in section 5 (d) of thisAct in respect of a project for which a screening report has been prepared, the Agency may use or permit the useof that report and the screening on which it is based to whatever extent the Agency considers appropriate for thepurpose of complying with section 12 of this Act.(2) Where the Agency uses or permits the use of a screening or screening report pursuant to subsection(1) of this section, the Agency shall ensure that any adjustments are made that in its opinion are necessary to takeinto account any significant changes in the circumstances of the project.21. Decision of the Agency(1) After completion of a screening report in respect of a project, the Agency shall take one of thefollowing courses of action, that is‐(a)where, in the opinion of the Agency‐(i) the project is not likely to cause significant adverse environmental effects;or(ii) any such effect can be mitigated,the Agency may exercise any power or perform any duty or function that would permit the project to be carriedout and shall ensure that any mitigation measures that the Agency considers appropriate are implemented;(b)where, in the opinion of the Agency‐(i)the project is likely to cause significant adverse environmental effectsthat may not be mitigable; or(ii)warrant it,public concerns respecting the environmental effects of the project

the Agency shall refer the project to the Council for a referral to mediation or a review panel in accordance withsection 35 of this Act; or(c)where, in the opinion of the Agency, the project is likely to cause significantadverseenvironmental effects that cannot be mitigated, the Agency shall notexercise any power or perform anyduty or function conferred on it under anyenactment that would permit the project to be carried out inwhole or in part.(2) For greater certainty, where the Agency takes a course of action referred to in subsection (1) (a) of thissection, the Agency shall exercise any power and perform any duty or function conferred on it by or under anyenactment in a manner that ensures that any mitigation measures that the Agency considers appropriate inrespect of the project, are implemented.(3) Before taking a course of action in relation to a project pursuant to subsection (1) of this section, theAgency shall give the public an opportunity to examine and comment on the screening report and any record thathas been filed in the public registry established in respect of the project pursuant to section 51 of this Act and shalltake into consideration any comments that are filed.22. Mandatory studyWhere the Agency is of the opinion that a project is described in the mandatory study list, the Agency shall‐(a)ensure that a mandatory study is conducted, and a mandatory study report isprepared and submitted to the Agency, in accordance with the provisions ofthis Act; or(b)refer the project to the Council for a referral to mediation or a review panel inaccordance with section 35 of this Act.23. Use of previously conducted mandatory study(1) Where a proponent proposes to carry out, in whole or in part, a project for which a mandatory studyreport has been prepared but the project did not proceed or the manner in which it is to be carried out hassubsequently changed, or where a proponent seeks the renewal of a licence, permit or approval referred to insection 5 (d) of this Act in respect of a project for which a mandatory study report has been prepared, the Agencymay use or permit the use of that report and the mandatory study on which it is based to whatever extent theAgency considers appropriate for the purpose of complying with section 12 of this Act.(2) Where the Agency uses or permits the use of a mandatory study or a mandatory study report pursuantto subsection (1) of this section, it shall ensure that any adjustments are made that in its opinion are necessary totake into account any significant changes in the circumstances of the project.24. Public notice(1) After receiving a mandatory study report in respect of a project, the Agency shall, in any manner itconsiders appropriate, publish in a notice setting out the following information‐(a)the date on which the mandatory study report shall be available to the public;(b)the place at which copies of the report may be obtained; and

(c)the deadline and address for filing comments on the conclusions andrecommendations of the report.(2) Prior to the deadline set out in the notice published by the Agency, any person may file comments with theAgency relating to the conclusions and recommendations of the mandatory study report.25. Decision of CouncilAfter taking into consideration the mandatory study report and any comments filed pursuant to section 24 (2), theCouncil shall‐(a)refer the project to mediation or a review panel in accordance with section 35Act where, in the opinion of the Council‐of this(i)the project is likely to cause significant adverse environmental effectsthat may not be mitigable; or(ii)warrant it; orpublic concerns respecting the environmental effects of the project(b)refer the project back to the Agency for action to be taken under section 39 (1)this Act where, in the opinion of the Council‐(i)effects; or(ii)(a) ofthe project is not likely to cause significant adverse environmentalany such effects can be mitigated.Discretionary powers26. Referral to CouncilWhere at any time the Agency is of the opinion that‐(a)a project is likely to cause significant adverse environmental effects that may not beor(b)public concerns respecting the environmental effects of the project warrant it,mitigable;the Agency may refer the project to the Council for a referral to mediation or a review panel in accordance withsection 35 of this Act.27. Termination by responsible authorityWhere at any time the Agency decides not to exercise any power or perform any duty or function referred to insection 25 of this Act in relation to a project that has not been referred to mediation or a review panel, it mayterminate the environmental assessment of the project.28. Termination by Council

Where at any time the Agency decides not to exercise any power or perform any duty or function referred to insection 25 of this Act in relation to a project that has been referred to mediation or a review panel, the Councilmay terminate the environmental assessment of the project.29. Referral by CouncilWhere at any time the Council is of the opinion that‐(a)a project is likely to cause significant adverse environmental effects that may not be(b)public concerns respecting the environmental effects of the project warrant it,mitigable; orthe Council may, after consultation with the Agency, refer the project to mediation or a review panel in accordancewith section 35 of this Act.30. Decision of the CouncilWhere a project is to be referred to mediation or a review panel under this Act, the Council shall, within aprescribed period, refer the project‐(a)to mediation, if the Council is satisfied that‐(i)the parties who are directly affected by or have a direct interest in the projectbeen identified and are willing to participate in the mediation throughrepresentatives; and(ii)the mediation is likely to produce a result that is satisfactory to all of thehaveparties;or(b)to a review panel, in any other case.31. Appointment of mediatorWhere a project is referred to mediation, the Council shall, in consultation with the Agency‐(a)appoint as mediator any person who, in the opinion of the Council, possessesrequired knowledge or experience; and(b)thefix the terms of reference of the mediation.32. Determination of parties(1) In the case of a dispute respecting the participation of parties in a mediation, the Council may, on the requestof the mediation, determine those parties who are directly affected by or have a direct interest in the project.(2) Any determination by the Council pursuant to subsection (1) of this section shall be binding.33. Mediation(1) A mediator shall not proceed with a mediation unless the mediator is satisfied that all of the informationrequired for a mediation is available to all of the participants.(2) A mediator shall, in accordance with the provisions of this Act and the terms of reference of the mediation‐

(a)help the participants to reach a consensus on‐(i) the environmental effects that are likely to result from the project;(ii)any measures that would mitigate any significant adverse environmental(iii)an appropriate follow‐up programme;effects;and(b)prepare a report setting out the conclusions and recommendations of the participants;and(c)submit the report to the Council and the Agency.34. Subsequent reference to review panelWhere at any time after a project has been referred to mediation, the Council is of the opinion that the mediationis not likely to produce a result that is satisfactory to all of the parties, the Council may terminate the mediationand refer the project to a review panel.35. Appointment of review panelWhere a project is referred to a review panel, the Council shall, in consultation with the Agency‐(a)appoint as members of the panel including the chairman thereof, persons who, in theCouncil, possess the required knowledge or experience; and(b)opinion of thefix the terms of reference of the panel.36. Assessment by review panelA review panel shall, in accordance with the provisions of this Act and its terms of reference‐(a)ensure that the information required for an assessment by a review panel is obtainedavailable to the public;and made(b)hold hearing in a manner that offers the public an opportunity to participate in theassessment;(c)prepare a report setting out‐(i)the conclusions and recommendations of the panel relating to theenvironmental effects of the project and any mitigation measures or follow‐up(ii)(d)programme; anda summary of any comments received from the public; andsubmit the report to the Council and the Agency.37. Hearing of witnesses(1) A review panel shall have the power to summon any person to appear as witness before the panel and orordering the witness to‐

(a)give evidence, orally or in writing; and(b)produce such documents and things as the panel considers necessary for conductingthe project.its assessment of(2) A review panel shall have the same power to enforce the attendance of witnesses and to compel them to giveevidence and produce documents and other things as is vested in the Federal High Court or a High Court of a State.(3) A hearing by a review panel shall be in public, unless the panel is satisfied after representation made by awitness that specific, direct and substantial harm would be caused to the witness by the disclosure of the evidence,documents or other things pursuant to subsection (1)

and surely identified and environmental assessment applied as the activities are being planned. 3. Identification, etc., of significant environmental issues (1) In identifying the environmental impact assessment process under this Act, the relevant significant

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