National Regulatory Dialogue on the Implementation of Environmental Regulations

29 November 2016 By 

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The National Regulatory Dialogue is an annual event initiated by the National Environmental Standards and Regulations Enforcement Agency (NESREA) to provide a platform for key players in the environment sector to share experiences and fashion out strategies for enhancing environmental compliance monitoring and enforcement.

The event which held on 28th November 2016 at Rockview Hotel (Classic), had the welcome remarks by the Director General/CEO of NESREA, Dr. Lawrence C. Anukam. The Keynote Address was delivered by the Honourable Minister of Environment, Hajiya Amina J. Mohammed, represented by the DG of NESREA, while the vote of thanks was made by Mrs. Florence O. Oti, Director Partnership and Education.

The Objectives

The objectives of the 2016 National Regulatory Dialogue are to:

  • Promote harmony and cooperation amongst the Regulatory Agencies at Federal and State Levels.
  • Provide a veritable platform to discuss and share knowledge, information and experience on best practices in the implementation of compliance and enforcement programmes
  • Identify and evaluate factors that facilitate or impede the effective implementation of national environmental laws and regulations
  • Strategize on the way forward; and
  • Proffer concrete recommendations

1st Presentation: Simon B. Joshua, Director Environmental Quality Control NESREA.

Topic: Overview of the Implementation of the National Environmental Regulations in the Green Environment.

-          There are Nineteen (19) regulations that cover the Green Environment, which are areas covering the natural environment and its resources.

  1. National Environmental (Watershed, Mountains, Hilly and Catchment Areas) Regulations, 2009
  2. National Environmental (Wetlands, Riverbanks and Lakeshores) Regulations, 2009
  3.  National Environmental (Mining and Processing of Coal, Ores and Industrial Minerals) Regulations, 2009
  4. National Environmental (Construction Sector) Regulations, 2009
  5. National Environmental (Costal and Marine Area Protection) Regulations, 2011
  6. National Environmental (Soil Erosion and Flooding Control) Regulations, 2011
  7. National Environmental (Desertification Control and Drought Mitigation) Regulations, 2011
  8. National Environmental (Quarrying and Blasting Operations) Regulations, 2013
  9. National Environmental (Noise Standards and Control) Regulations, 2009
  10. National Environmental (Ozone Layer Protection) Regulations, 2009
  11. National Environmental (Surface and Ground Water Quality Control) Regulations, 2011
  12. National Environmental (Control of Vehicular Emissions from Petrol and Diesel Engines) Regulations, 2011
  13. National Environmental (Access to Genetic Resources and Benefit Sharing) Regulations, 2009
  14. National Environmental (Control of Bush/Forest Fire and Open Burning) Regulations, 2011
  15. National Environmental (Protection of Endangered Species in International Trade) Regulations, 2011
  16. National Environmental (Control of Alien and Invasive Species) Regulations, 2013
  17. National Environmental (Control of Charcoal Production and Export) Regulations, 2014
  18. National Environmental (Dams and Reservoirs) Regulations, 2014
  19. National Environmental (Air Quality Control) Regulations, 2014

2nd Presentation: Mrs. Miranda Amachree, Director Inspection & Enforcement Department.

Topic: Overview of the Implementation of the National Environmental Regulations in the Brown Environment.

-          There are Thirteen (13) sectoral Environmental Regulations that have so far been promulgated by the Federal Government to regulate activities in the Brown Environment, which are areas that have been impacted by industrial activities. The beginning of the 19th Century and the ultimate industrial revolution marked the beginning of large scale impacts on the environment caused by human activities, and as a result, manufacturing impacted negatively on the environment through pollution of the different environment media (air, water and soil), hence the need to protect the environment.

  1. National Environmental (Sanitation and Waste Control) Regulations, 2009. S.I. No. 28;
  2. National Environmental (Food, Beverages and Tobacco Sector) Regulations, 2009. S.I. No. 33;
  3. National Environmental (Textile, Wearing Apparel, Leather and Footwear Industry) Regulations, 2009. S.I. No. 34;
  4. National Environmental (Chemicals, Pharmaceuticals, Soap and Detergent Manufacturing Industries) Regulations, 2009. S.I. No. 36;
  5. National Environmental (Standards for Telecommunications/Broadcasting Facilities) Regulations, 2011. S.I. No. 11;
  6. National Environmental (Base Metals, Iron and Steel Manufacturing/Recycling Industries) Regulations, 2011. S.I. No. 14;
  7. National Environmental (Domestic and Industrial Plastic, Rubber and Foam Sector) Regulations, 2011. S.I. No. 17;
  8. National Environmental (Non-Metallic Minerals Manufacturing Industries Sector) Regulations, 2011. S.I. No. 21;
  9. National Environmental (Electrical/Electronic Sector) Regulations, 2011. S.I. No. 23;
  10. National Environmental (Pulp and Paper, Wood and Wood Products Sector) Regulations, 2012. S.I. No. 35;
  11. National Environmental (Motor Vehicle and Miscellaneous Assembly Sector) Regulations, 2013. S.I. No. 35;
  12. National Environmental (Energy Sector) Regulations, 2014. S.I. No. 63; and
  13. National Environmental (Hazardous Chemicals and Pesticides) Regulations, 2014. S.I. No. 65;

-          All facilities in the Brown Environment are required to carry out the following:

  • Environmental/Operational Documents: Environmental Impact Assessment (EIA), Environmental Audit Report (EAR) and Environmental Management Plan (EMP) where applicable as stated in the regulations
  • Best Practices: Adoption of Environment-Friendly Methods and Best Available Technology (BAT); and
  • Adoption of the principles of 5Rs (Reduce, Repair, Recover, Recycle and Re-Use) and the Polluter Pays Principle.

-          Compliance Monitoring & Enforcement Challenges:

  • Improper Waste Management System in some States.
  • Some state governments view NESREA’s compliance monitoring as a hindrance to economic growth of small and micro scale business.
  • Inadequate collaboration/coordination between NESREA and state Environmental Agencies.
  • Unsealing of facilities by the State Ministries of Environment/EPAs
  • Refusal to carry out EIA for State Government Projects in some states.
  • Interference, Conflict and Duplication of roles across most states especially on the conduct of EIA;
  • Disparity in the timeline for submission of EAR to the Agency (3years) and to the state Ministries (2years)

-          Recommendations

  • Need for NESREA to harmonize and share responsibility with State Ministries and Agencies
  • Waste Recycling industry should be encouraged with tax breaks, land subsidy etc
  • More discussions and dialogues should be encouraged and recommendations forwarded through the Federal Ministry of Environment to the National Environmental Council.
  • All State Ministries of Environment, Environmental Protection Agencies and other stakeholders should continue to collaborate with NESREA Zonal and State offices to ensure compliance with the provisions of all the Regulations and in particular the implementation of the EPR in Nigeria.
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