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Environmental impact assessment in Nigeria: regulatory background and procedural framework
Nerry Echefu and .E Akpofure
Case Study
7
ABSTRACT As a consequence of the illegal dumping of toxic wastes in Koko, in the former Bendel State, in 1987, the Nigerian Government promulgated the Harmful Wastes Decree which provides the legal framework for the effective control of the disposal of toxic and hazardous waste into any environment within the confines of Nigeria. This was immediately followed by the creation of a regulatory body, the Federal Environmental Protection Agency (FEPA) in 1988. FEPA is charged with the overall responsibility of protecting and developing the Nigerian environment. To put this into action a National Policy on the Environment was developed. This is the main working document for the preservation and protection of the Nigerian environment. States and Local Government Councils were also encouraged to establish their own environmental regulatory bodies for the purpose of maintaining good environmental quality as it applies to their particular terrain. The EIA Decree No. 86 of 1992 is an additional document with the same aim of protecting the Nigerian environment. It is particularly directed at regulating the industrialization process with due regard to the environment. By this Decree, no industrial plan/development/activity falling under the FEPA’s mandatory list can be executed without prior consideration of the environmental consequences of such a proposed action, in the form of an environmental impact assessment. The Department of Petroleum Resources (DPR), an arm of the Ministry of Petroleum Resources, recognizing the national importance of the oil and gas industry sector to the continued growth of the Nigerian economy and realizing that the continued exploitation, exploration and production of the oil resources has serious environmental impacts, also decided to set out comprehensive standards and guidelines to direct the execution of
Nerry Echefu and .E Akpofure
Case Study
7
ABSTRACT As a consequence of the illegal dumping of toxic wastes in Koko, in the former Bendel State, in 1987, the Nigerian Government promulgated the Harmful Wastes Decree which provides the legal framework for the effective control of the disposal of toxic and hazardous waste into any environment within the confines of Nigeria. This was immediately followed by the creation of a regulatory body, the Federal Environmental Protection Agency (FEPA) in 1988. FEPA is charged with the overall responsibility of protecting and developing the Nigerian environment. To put this into action a National Policy on the Environment was developed. This is the main working document for the preservation and protection of the Nigerian environment. States and Local Government Councils were also encouraged to establish their own environmental regulatory bodies for the purpose of maintaining good environmental quality as it applies to their particular terrain. The EIA Decree No. 86 of 1992 is an additional document with the same aim of protecting the Nigerian environment. It is particularly directed at regulating the industrialization process with due regard to the environment. By this Decree, no industrial plan/development/activity falling under the FEPA’s mandatory list can be executed without prior consideration of the environmental consequences of such a proposed action, in the form of an environmental impact assessment. The Department of Petroleum Resources (DPR), an arm of the Ministry of Petroleum Resources, recognizing the national importance of the oil and gas industry sector to the continued growth of the Nigerian economy and realizing that the continued exploitation, exploration and production of the oil resources has serious environmental impacts, also decided to set out comprehensive standards and guidelines to direct the execution of