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[HB.18.10.1550]

ENVIRONMENTAL IMPACT ASSESSMENT BILL, 2018

ARRANGEMENT OF SECTIONS

Section:

PART I - GENERAL PRINCIPLES OF ENVIRONMENTAL IMPACT ASSESSMENT

1. Objectives of Environmental Impact Assessment

2. Restriction on Public or Private Projects

3. Registration of Projects

4. Identification of Significant Environmental Factors and Issues

5. Minimum content of an Environmental Impact Assessment

6. Degree of Environmental Significance

7. Examination of Environmental Impact Assessment by the Minister

8. Public Participation

9. Period for making a decision by the Minister

10. Decision on the Effect of an Environmental Impact Assessment

11. Supervision of the Project or activity [Needs further definition]

12. Notification to a potentially affected State or Local Government Area.

13. Mandatory Study List

PART II - ENVIRONMENTAL ASSESSMENT OF PROJECTS

14. Cases where Environmental Impact Assessment is required

15. Excluded Projects

16. Environmental Impact Assessment Process

17. Review methods

18. Appointment of Technical Panel

19. Assessment by Technical Panel

20. Factors to be considered by a Review Panel

21. Delegated functions

22. Screening

23. Declaration of Class Screening Report

24. Use of Previously Conducted Screening Report

25. Decision of the Minister on Screening

26. Mandatory Study

27. Use of Previously Conducted Mandatory Report

28. Public Notice

29. Referral to Review Panel or Mediation

30. Termination by the Minister

31. Decision of the Minister on Types of Review

32. Appointment of a Review Panel

33. Assessment by Review Panel

34. Hearing of Witnesses

35. Appointment of Mediator

36. Determination of Parties

37. Mediation

38. Decision of the Minister on Recommendations of Review Panel or Mediation

39. Design and Implementation

40. Environmental Impact Statement (EIS)

41. Certificate

42. Relevant Authority

43. Joint Review Panel

44. Substitute for a review Panel

45. Authority over Environmental Impact Assessment

46. Inter-State Environmental Effects

47. Trans-boundary Environmental Effects

48. Environmental Effects on Federal and other Lands

49. Application of Certain Provisions

50. Power to Prohibit a Proponent by the President

51. Power to Prohibit a Proponent by the Minister

52. Injunction

53. Commencement of Prohibition

54. International Agreements

55. Public Registry

56. Preparation of Statistical Summary

57. Defect in form of Technical Irregularities

58. Termination of Environmental Impact Assessment process

59. Post Environmental Impact Assessment Activities

60. Strategic Environmental Assessment (SEA)

PART III - SUPPLEMENTAL ASSESSMENT

61. Strategic Environmental Assessment Procedure

62. Environmental Audits

63. Post Impact Assessment (PIA)

64. Health Impact Assessments (HIA) and Social Impact Assessment (SIA)

65. Specialised Studies

PART IV - MISCELLANEOUS

66. Registration of EIA practitioners

67. Power to Facilitate Environmental Assessment

68. Implementation Fund

69. Power to make Regulations

70. Offences and Penalties

71. Repeals and Savings

72. Interpretation

73. Short title

Schedule

A BILL

FOR

An Act to Repeal the Environmental Impact Assessment Act, Cap. E12, Laws of the Federation of Nigeria, 2004; and Enact the Environmental Impact Assessment Act, 2018, to set out general principles, procedures and methods to enable the prior consideration of Environmental Impact Assessment on certain public or private projects and for related matters.

[ ] Commencement

ENACTED by the National Assembly of the Federal Republic of Nigeria as follows:

PART I - GENERAL PRINCIPLES OF ENVIRONMENTAL IMPACT ASSESSMENT

1. Objectives of Environmental Impact Assessment

The objectives of any Environmental Impact Assessment (in this Act referred to as "the assessment") are to:

(a) establish before a decision is taken by any proponent, or person, including authority, corporate body or unincorporated body including the Government of the

Federation, State or Local Government intending to undertake or authorise the undertaking of any activity that may likely or to a significant extent affect the environment, or have an environmental effect that may likely or to a significant extent affect the environment on those activities and which shall first be taken into account;

(b) promote the implementation of appropriate policies consistent with all laws and decision making processes through which the goal and objective in paragraph (a) of this Section may be realised; and

(c) encourage the development of procedures for information exchange, notification and consultation between organs and persons where proposed projects or activities are likely to have significant environmental effects on boundary, National or interstate, or on the environment of bordering towns, villages and communities.

2. Restriction on Public or Private Projects

-(1) The public or private sector of the economy shall not undertake or embark on or authorise projects or activities, 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 to significantly affect the environment, its Environmental Impact Assessment shall be undertaken in accordance with the provisions of this Act.

(3) The criteria and procedures under this Act, or Regulations or Guidelines made pursuant to it, shall be used to determine whether an activity is likely to significantly affect the environment and is therefore subject to an Environmental Impact Assessment.

3. Registration of Projects

A project proponent whether public or private except where exempted pursuant to this Act, shall formally register details of the proposed project with the Ministry prior to its commencement, in accordance with the provisions of this Act.

4. Identification of Significant Environmental factors and issues

-(1) Under this Act, the relevant significant environmental factors and issues to be identified shall include but not be limited to the following

(a) population and human health;

(b) biodiversity and eco-system services;

(d) carrying capacity and resilience;

(e) heritage assets, culture and landscape;

(f) economic and social impacts;

(g) sustainable development; and

(h) risk and disaster management.

(2) The interaction between a proposed project or activity, factors and issues listed in subsection (l) (a) to (h) of this section that may likely have direct or indirect cumulative, short term and long term significant effects on the environment, shall be identified and studied before commencement of the project or activity.

(3) Where appropriate, all efforts shall be made to identify all environmental factors and issues at an early stage in the process.

5. Minimum content of an Environmental Impact Assessment

An Environment Impact Assessment shall include at least the following:

(a) a description of the location of the proposed project or activity;

(b) a review of ail applicable administrative and legal framework;

(d) an evaluation of alternatives to the proposed project, and justification for the preferred option;

(e) a description of the baseline environmental social, economic and health status of the project location;

(f) evidence of consultation and public participation with relevant stakeholders including Federal State, Local Governments and community where the proposed project is to be located;

(g) an assessment of the likely or potential environmental, health, social, cultural, economic, physical, and biological impacts of the proposed activity and the alternatives, including the direct or indirect cumulative, short-term and long-term effects;

(h) an identification and description of measures available to mitigate adverse environmental impacts of the proposed activity and assessment of those measures;

(i) the development of an Environmental Management Plan (HEMP") for sustainable management and continual improvements throughout the life cycle of the project;

(j) an indication of gaps in knowledge and uncertainty which may be encountered in computing the required information;

(k) an indication of whether the environment of any other state, Local Government Area or areas outside Nigeria is likely to be affected by the proposed activity or its alternatives; and

(l) a brief and non-technical summary of the information provided under paragraphs (a) to (k)of this section.

6. Degree of Environmental Significance

-(1) The environmental effects in an environmental assessment shall be assessed with a degree of detail commensurate with their likely environmental significance.

(2) The degree under sub-section (1) of this section shall be in accordance with the provisions of any Regulations or Guidelines made pursuant to this Act.

7. Examination of Environmental Impact Assessment by the Minister

-(1) The Minister shall examine the information provided as the Environmental Impact Assessment of a project or activity before making a decision.

(2) Upon carrying out an examination pursuant to subsection (1) of this section, the Minister shall approve the project or activity, or:

(a) give a conditional approval and state the condition;

(b) deny approval and state reason for the denial; or

8. Public Participation

The public shall be given the opportunity to participate, make comments and access information on the Environmental Impact Assessment of the project or activity before a decision on a project or an activity to which an environmental assessment has been produced.

9. Period for making a decision by the Minister

The Minister shall not give a decision as to whether a proposed project or activity should be authorised or undertaken until 21 working days have lapsed, to consider comments pursuant to sections 8 and 16 (f) of this Act.

10. Decision on the Effect of an Environmental Impact Assessment

-(1) The decision of the Minister on any proposed activity subject to Environmental Impact Assessment shall:

(a) be in writing;

(b) state the reason for the decision; and

(2) The decision of the Minister shall be made available to any interested person or group.

(3) It shall be the duty of the Minister to publish his decision in a manner by which members of the public or persons interested in the project or activity shall be notified.

(4) The Minister may determine an appropriate method in which the decision shall be published so as to reach interested persons or groups

11. Supervision of the Project or activity

Where a decision on a project or an activity which has been subjected to Environmental Impact Assessment has been made, the project or activity and its effects on the environment shall be subject to appropriate supervision, monitoring and follow-up by the Ministry.

12. Notification to a potentially affected State or Local Government Area.

-(1) where the information provided as part of Environmental Impact Assessment indicates that the environment within another State in the Federation or a Local Government Area is likely to be significantly affected by a proposed project or activity, the Minister shall:

(a) notify the potentially affected State or Local Government of the proposed activity;

(b) transmit to the affected State or Local Government Area any relevant information of the environmental impact assessment; and

(2) The Minister shall ensure compliance with the provisions of subsection (1) of this section and investigate any environmental degradation or hazard that may occur during the implementation of a project or activity.

(3) Where the information provided as part of Environmental Impact Assessment indicates that the environment within neigbouring country is likely to be significantly affected by proposed project or activity, the Minister shall inform the relevant government authority which shall notify the neighbouring country of the proposed project or activity.

13. Mandatory Study List

-(1) Where a project is described on the Mandatory Study List specified in the Schedule to this Act or is referred to a Review Panel or Mediation, no Federal, State or Local Government or any of their Authorities or Agencies shall exercise any power or perform any duty or function that would permit the project or activity to be carried out in whole or in part until the Minister has taken:

(a) action in accordance with his power under this Act: or

(b) a decision or issued an order that the project or activity may be carried out with or without conditions.

(2) Where the Minister has given a condition before the carrying out of the project or activity, the condition shall be fulfilled before a person or authority shall embark on the project or activity.

PART II - ENVIRONMENTAL ASSESSMENT OF PROJECTS

14. Cases where Environmental Impact Assessment is required

Notwithstanding the provisions of Part I of this Act, an Environmental Impact Assessment shall be required where person, corporate body, financial institution, Federal, state or Local Government Authority or an Agency established by the Federal, State or Local Government Authority:

(a) is the proponent of the project and does any act or activity which commits the Federal, State or Local Government Authority to carrying out the project or activity in whole or, in part;

(b) makes or authorises payment or provides a guarantee for a loan or any other form of financial assistance to the proponent for the purpose of enabling the project to be carried out in whole or in part, except where the financial assistance is:

(i) in the form of any reduction, avoidance, deferral, removal, refund, remission or other forms of relief from the payment of any tax, duty or excise under Customs Excise Tariff etc (Consolidated) Act or any Regulation or Order made pursuant thereto; or

(ii) provided for the purpose of enabling an individual project specifically named in the enactment, regulation or order that provides the relief to be carried out;

(c) has the administration, leases or otherwise disposes lands on or any interest in those lands or transfers the administration and control or interest in the land in favour of the Federal, State and Local Government or its Agencies for the purpose of enabling the project to be carried out in whole or in part; or

(d) under the provisions of any law or enactment, issues a permit or licence, grants an approval or takes any other action for the purpose of enabling the project to be carried out in whole or in part.

15. Excluded Projects

An Environmental Impact Assessment of a project or activity may not be required where the:

(a) President is of the opinion that the environmental effects of the project or activity are likely to be minimal after due scientific technical and socio-economic considerations;

(b) project or activity is to be carried out during national emergency or for National security for which temporary measures have been taken by the government; or

(c) project or activity is to be carried out in response to circumstances that in the opinion of the President, the project is in the interest of public health or safety.

16. Environmental Impact Assessment Process

-(1) Where the Minister decides that there is need for an Environmental Impact Assessment before the commencement of a project or activity, the environmental assessment process shall include:

(a) submission, notification and formal registration of the project or activity proposal;

(b) preparation of a screening report;

(d) approval of terms of reference or scope of work;

(e) preparation of a study report including biodiversity offset;

(f) public display for 21 working days;

(g) assessment and evaluation as provided in section 19 of this Act;

(h) issuance of Environmental Impact Assessment approval;

(i) Environmental Impact Statement and award of certificate; and

(j) design and implementation of a post Environmental Impact Assessment Activities.

(2) The Minister shall ensure a life cycle approach in the Environmental Impact Assessment process for all phases of the project or activity, pre-construction, construction, operation and decommissioning which shall include but not limited to the following:

(a) registration:

(b) initial environmental examination;

(d) scoping;

(e) baseline data gathering and analysis;

(f) stakeholder's engagement;

(g) submission of draft Environment Impact Assessment report;

(h) public display and disclosure;

(i) review panel;

(j) submission of final Environmental Impact Assessment report;

(k) approval or denial;

(l) impact mitigation monitoring;

(m) post impact assessment;

(n) facility inspection and compliance monitoring; and

(o) environmental audit.

17. Review methods

The Minister may cause all Environmental Impact Assessment reports to be assessed for approvals by one or a combination of the following methods:

(a) internal technical review assessment or evaluation;

(b) external technical review assessment or evaluation (inter-ministerial, State, Local Government Areas, or experts);

(d) technical review.

18. Appointment of Technical Panel

Where a project requires a review pursuant to section 17 subsection 1 (a), (b)or (c) of this Act, the Minister shall:

(a) appoint a chairman and members of the panel who in his opinion, are persons with the required relevant knowledge or experience; and

(b) determine the terms of reference of the panel.

19. Assessment by Technical Panel

A technical panel shall:

(a) in accordance with the provisions of this Act and its terms of reference:

(i) ensure that all the necessary information required for an assessment by a technical panel are obtained,

(ii) hold its meeting to the extent that it allows the public an opportunity to participate in the assessment, especially for projects under the Mandatory Study List specified in the Schedule to this Act,

(iii) assess and appraise the technical adequacy, and evaluate all data, information and comments received from stakeholders, relevant Ministries, Departments, Agencies and experts on the Environmental Impact Assessment of a project, and

(iv) determine the level of compliance with Environmental Impact Assessment of the project or activity in line with the provisions of this Act;

(b) prepare a report setting out the conclusion and recommendation of the project or activity; and

20. Factors to be considered by a Review Panel,

-(1) A screening or mandatory study of a project or activity and on assessment by a Review Panel or Mediation shall consider factors that include:

(a) environmental effects of the project or activity, including equipment malfunctions or accidents that may occur in connection with the project or activity and any cumulative environmental effects that are likely to result from the project;

(b) significance or, in the case of a project or activity referred to in sections 46, 47 and 48 of this Act, the magnitude of those effects;

(d) measures that are technically, socially and economically feasible and can mitigate any significant or, in the case of a project or activity referred to in sections 46, 47, and 48 of this Act, any adverse environmental effects of the project or activity;

(e) the purpose of the project or activity;

(f) the alternative means of carrying out the project or activity that are technically, socially and economically feasible and the environmental effects of any such alternative means;

(g) the need fur and the requirements of any follow-up programme in respect of the project or activity;

(h) the short-term or long term capacity for regeneration of renewable resources that are likely to be significantly or, in the case of the projects referred to in sections 46, 47 and 48 of this Act, adversely affected by the project or activity; and

(i) any other matter that the Minister, may from time to time require.

(2) The scope of the factors to be taken into consideration pursuant to subsection (1) (a), (b), (d), (f), (g) and (h) of this section shall be determined by the Minister.

(3) The Minister shall prescribe the terms of reference of the Review Panel, where a project is referred to a Review Panel.

(4) An environmental assessment of a project shall be required to include a consideration of the environmental effects that may result from carrying out the project during the declaration of a national emergency.

21. Delegation of Functions

-(1) The Minister may delegate to an appropriate authority or responsible person any part of environmental impact assessment process or procedure except procedures as provided for in section 22 (1 ) or 40 of this Act.

(2) Notwithstanding the provisions of subsection (1) of this section, the Minister shall not take an action pursuant to section 22 (1) or 40 of this Act unless he is satisfied that any duty or function delegated pursuant to subsection (1) of this section has been carried out in accordance with the provisions of this Act.

22. Screening

-(1) Where the Minister is of the opinion that a project is not described in the Mandatory Study List or any exclusion list, he shall ensure that:

(a) a screening of the project or activity is conducted; and

(b) a screening report is prepared.

(2) Any available information may be used in conducting the screening of a project or activity, but where the Minister is of the opinion that the information available is not adequate to enable him take an action pursuant to section 22 (1) of this Act, he shall ensure that any study or information that he considers necessary for that purpose is undertaken or collected.

23. Declaration of Class Screening Report

-(1) Where the Minister receives a screening report and he is of the opinion that the report could be used as a method of conducting screening of other projects within the same class, he may declare the report to be a class screening report.

(2) A declaration made pursuant to subsection (1) of this section shall be published in the Gazette and the screening report to which it relates shall be made available to the public at the registry maintained by the Ministry.

(3) Where in the opinion of the Minister a project or activity or a part thereof is within a class in respect of which a class screening report has been declared, he may use or permit the use of that report and the screening on which it is based to an extent he considers appropriate for the purpose of complying with section 13 of this Act.

(4) Where the Minister uses or permits the use of a class screening report, he shall ensure that any adjustments made shall take into account local circumstances and any cumulative environmental effects that are likely to result from the project in combination with other projects that have been or will be carried out.

24. Use of Previously Conducted Screening Report

-(1) The Minister may use or permit the use of a previously conducted screening report to an extent he considers appropriate for the purpose of complying with section 13 of this Act, where a proponent:

(a) proposes to carry out, in whole or in part a project or activity for which a screening report has been prepared but did not proceed or the manner in which it is to be carried out has subsequently changed; or

(b) seeks the renewal of a license, permit or approval referred to in section 14 (d) of this Act in respect of a project or activity for which a screening report has been prepared.

(2) Where the Minister uses or permits the use of a screening or screening report pursuant to subsection (1) of this section, he shall ensure that any adjustments mode shall take into account all significant changes, in the circumstances of the project.

25. Decision of the Minister on Screening

-(1) After completion of a screening report in respect of a project, the Minister shall:

(a) exercise any power or perform any duty or function that would permit the project or activity to be carried out and shall ensure that any mitigation measures he considers appropriate are implemented, where In his opinion:

(i) the project or activity is not likely to cause significant adverse environmental effects, or

(ii) any such effect can be mitigated;

(b) refer the project to a Review Panel or Mediation appointed in accordance with sections 32 and 35 of this Act where, in his opinion:

(i) the project is likely to cause significant adverse environmental effects that may not be mitigated,

(ii) public concerns in respect of the environmental effects of the project warrant it; or

(c) not exercise any power or perform any duty or function conferred on him under any enactment that would permit the project to be carried out in whole or in port where, in his opinion, the project is likely to cause significant adverse environmental effects that cannot be mitigated.

(2) Notwithstanding the provisions of this section, where the Minister tokes the action referred to in subsection (1) (0) of this section, he shall exercise any power and perform any duty or function conferred on him by or under any enactment in a manner that ensures that any mitigation measures that he considers appropriate in respect of the project are implemented.

(3) Before taking any action in relation to a project pursuant to subsection (1) of this section, the Minister shall give the public an opportunity to examine and comment on the screening report and any record that has been filed in the public registry established in respect of the project pursuant to section 55 of this Act and shall take into consideration any comments that are filed.

26. Mandatory Study

Where the Minister is of the opinion that a project is described in the Mandatory Study List specified in the Schedule to this Act, he shall:

(a) ensure that o mandatory study is conducted, and a mandatory study report is prepared and submitted to him, in accordance with the provisions of this Act; or

(b) refer the project to a Review Panel or Mediator appointed in accordance with sections 32 and 35 of this Act.

27. Use of Previously Conducted Mandatory Report

-(1) The Minister may use or permit the use of a previously conducted mandatory report to an extent he considers appropriate, for the purpose of complying with the provisions of section 13 of this Act where a proponent:

(a) proposes to carry out, in whole or in part, a project for which a mandatory study report has been prepared but the proponent did not proceed or the manner in which it is to be carried out has subsequently changed; or

(b) seeks the renewal of a licence, permit or approval referred to in section 14(d) of this Act in respect of a project for which a mandatory study report has been prepared.

(2) Where the Minister uses or permits the use of a mandatory study or a mandatory study report pursuant to sub-section (1) of this section, he shall ensure that any adjustments made shall take into account any significant changes in the circumstances of the project.

28. Public Notice

-(1) Upon receiving an Environmental Impact Assessment study report in respect of a project, the Minister shall, in any manner he considers appropriate, publish in a notice, setting out the following information, the:

(a) date on which the Environmental Impact Assessment study report shall be available to the public;

(b) place at which copies of the report may be reviewed; and

(2) The duration for Public display and review of an Environmental Impact Assessment study report shall not be less than 21 working days.

(3) Prior to the deadline set out in the notice published by the Minister, any person may file comments with the Ministry relating to the content of the Environmental Impact Assessment study report.

29. Referral to Review Panel or Mediation

Upon the consideration of the Environmental Impact Assessment study report and any comments filed pursuant to section 25(3) of this Act, the Minister shall refer the project to a Review Panel or Mediator appointed in accordance with sections 32 and 35 of this Act where, in the opinion of the Minister:

(a) the project is likely to cause significant adverse environmental effects that may not be mitigated;

(b) where public concerns in respect of the environmental effects of the project warrant it;

(d) any such effects can be mitigated.

30. Termination by the Minister

Where at any time the Minister decides not to exercise any power or perform any duty or function pursuant to section 29 of this Act in relation to a project that has not been referred to a Review Panel or Mediation, he may terminate the environmental assessment of that project.

31. Decision of the Minister on Types of Review

Where a project is to be referred to a Review Panel or Mediation under this Act, the Minister shall, within a prescribed period, refer the project to:

(a) a Review Panel; or

(b) Mediation where he is satisfied that:

(i) the parties who are directly affected by or have direct interest in the project have been identified and are willing to participate in the mediation through representatives; and

(ii) the mediation is likely to produce a result that is satisfactory to all of the parties.

32. Appointment of a Review Panel

Where a project is referred to a Public or Technical Review Panel, the Minister shall:

(a) appoint a chairman and members of the panel who in his opinion, ore persons with the required relevant knowledge or experience; and

(b) prescribe the terms of reference of the panel.

33. Assessment by Review Panel

A 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 has been obtained and mode available to the public;

(b) hold hearing in a manner that offers the public an opportunity to participate in the assessment;

(i) the conclusions and recommendations of the panel relating to the environmental effects of the project and any mitigation measures or follow-up programme; and

(ii) a summary of any comments received from the public; and

(d) submit the report to the Minister.

34. Hearing of Witnesses

-(1) A Review Panel shall have the power to summon any person to appear as witness before it and ordering the witness to:

(a) give evidence, orally or in writing; and

(b) produce such documents or things as the panel consider necessary for conducting its assessment of the project activity.

(2) A Review Panel shall have the power to enforce the attendance of witnesses and to compel them to give evidence and produce documents and other things.

(3) A hearing by Review Panel shall be in public unless the panel is satisfied after representation mode by a witness that specific, direct and substantial harm would be caused to the witness by the disclosure of the evidence, documents or other things that the witness is ordered to give or produce pursuant to subsection (1) of this section.

(4) Where a Review Panel is satisfied that the disclosure of evidence, documents or other things would cause specific, direct and substantial harm, to a witness, the evidence, documents or things shall be privileged and shall not, without the authorization of the witness, knowingly be or be permitted to be communicated, disclosed or made available by any person who has obtained the evidence, documents or other things pursuant to this Act.

(5) Where a summons issued or an order made by a review panel pursuant to subsection (1) and (2) of this section is not complied with, it may be enforced at the Federal High Court or State High Court.

35. Appointment of Mediator

Where a project is referred for mediation, the Minister shall:

(a) appoint as Mediator any person who, in his opinion possesses the required knowledge or experience; and

(b) prescribe the terms of reference of the mediation.

(1) In the case of a dispute in respect of the participation of parties in mediation, the Minister may, on the request of the mediator, determine those parties who are directly affected by or have a direct interest in the project or activity.

(2) Any determination by the Minister pursuant to subsection (1) of this section shall be binding on the parties.

37. Mediation

-(1) A mediator shall not proceed with mediation unless the mediator is satisfied that all the information required for mediation is available to all the parties.

(2) A mediator shall, in accordance with the provisions of this Act, and the terms of reference of the mediation:

(a) help the parties to reach a consensus on:

(i) the environmental effects that are likely to result from the project or activity,

(ii) any measures that would mitigate any significant adverse environmental effects, and

(iii) an appropriate follow-up programme,

(b) prepare a report setting out the conclusions and recommendations of the parties; and

38. Decision of the Minister on Recommendations of Review Panel or Mediation

-(1) Upon the submission of a report by a Review Panel or the Mediator, the Minister shall:

(i) the project or activity is not likely to cause significant adverse environmental effects, or

(ii) any such effect can be mitigated;

(b) not exercise any power or perform any duty or function conferred on him under any enactment that would permit the project to be carried out in whole or in part where, in his opinion, the project or activity is likely to cause significant adverse environmental effects that cannot be mitigated.

(2) Where the Minister takes an action pursuant to subsection (1) (a) of this section, he shall exercise any power and perform any duty or function conferred on him by or under any enactment in a manner that ensures that any mitigation measure that he considers appropriate in respect of the project is implemented.

39. Design and Implementation

-(1) Where the Minister takes an action pursuant to section 38(1) (a) of this Act he shall, in accordance with this Act, design any follow-up programme that he considers appropriate for the project or activity and arrange for the implementation of that programme.

(2) The Minister shall, where necessary, advise the public of:

(a) his action in relation to the project or activity;

(b) any mitigation measure to be implemented with respect to the adverse environmental effects of the project or activity;

(c) the extent to which the recommendations set out in any report submitted by a Review Panel or Mediator have been adopted; and

(d) any post Environmental Impact Assessment activities designed, pursuant to subsection (1) of this section.

40. Environmental Impact Statement (EIS)

An Environmental Impact Statement stating the name of the project or activity, the review results of the Environmental Impact Assessment Study and the conditions for approval or disapproval shall be issued by the Ministry.

41. Certificate

-(1) A certificate stating that an Environmental Assessment of a project or activity has been completed, and signed by the Minister in the exercise of the power, duty or function referred to in section 9 of this Act in relation to the project or activity, shall be, in the absence to the contrary proof. be the conclusive proof of the matter stated in the Certificate.

(2) The Minister may suspend, revoke or cancel a certificate as specified in subsection (1) of this section where:

(a) proponent contravenes the conditions set out on the certificate,

(b) there is a substantial change or modification in the project or in manner in which the project is being implemented,

(d) it is established that the information or data given by the proponent in support of its application for an environmental Impact Assessment certificate was false, incorrect or intended to mislead.

42. Relevant Authority

The relevant authority that may be contacted In relation to environmental impact assessment include:

(a) Federal Authority;

(b) the Government of a State;

(d) any other body established pursuant to an Act Law, or Bye-law or the legislature of a State and having powers, duties or functions in relation to an assessment of the environmental effects of a project;

(e) anybody established pursuant to a land claims agreement and having powers, duties or functions in relation to an assessment of the environmental effects of a project;

(f) a government of a Foreign State or of a subdivision of a Foreign State, or any institution of such a government; and

(g) an International Organisation of States or any institution of such an Organisation.

43. Joint Review Panel

-(1) Subject to the provisions of subsection (2) of this section, where the referral of a project to a Review Panel is required or permitted by this Act and any relevant authority referred to in section 42 (f) or (g) of this Act, has a responsibility or an authority to conduct an assessment of the environmental effects of the project or any part of it, the Minister and the Minister of Foreign Affairs may es1ablish a Joint Review Panel with the Relevant Authority.

(2) The Minister shall not establish a Joint Review Panel with any Relevant Authority referred to in section 42 of this Act unless he is satisfied that:

(a) he may appoint or approve the appointment of the chairman or a co-chairman and one or more other members of the panel;

(b) he may prescribe or approve the terms of reference for the panel;

(d) on completion of the assessment, the report of the panel shall be submitted to him; and

(e) the panel's report shall be made available in accordance with section 55 of this Act.

(3) Where the Minister constitutes a Joint Review Panel with any relevant authority referred to in section 42 of this Act, the assessment conducted by that panel shall be deemed to satisfy any requirements of this Act, in respect of the assessment by a Review Panel.

44. Substitute for a review Panel

-(1) Where the referral of a project or activity to a review panel is required or permitted by this Act and the Minister is of the opinion that a process for assessing the environmental effects of projects that is followed by a Federal Authority under an Act of the National Assembly other than this Act, or by a body referred to in section 42 (1) (d) of this Act, would be an appropriate substitute, the Minister may approve the substitution of that process for an environmental impact assessment by a review panel under this Act.

(2) The Minister shall not approve a substitution referred to in subsection (1) of this section unless he is satisfied that the:

(a) process to be substituted includes a consideration of the factors referred to in section 12 of this Act;

(b) public has been given an opportunity to participate in the assessment;

(d) report has been published.

(3) The approval referred to under subsection (1) of this section shall be:

(a) in writing and may be given in respect of a project or a class of projects; and

(b) shall be deemed to satisfy any requirement of this Act, in respect of assessment by a review panel.

45. Authority over Environmental Impact Assessment

Notwithstanding the provisions of section 44 of this Act or any other law, the Environmental Impact Assessment process of the Ministry shall take precedence over any other one.

46. Inter-State Environmental Effects

-(1) Where a project for which an Environmental Assessment is not required under section 15 of this Act, is to be carried out in a state and the President, upon the recommendation of the Minister, is of the opinion that the project is likely to have serious environmental effects in another State, he may approve the recommendation of a panel of experts constituted by the Minister, to conduct an assessment of the Inter-state environmental effects of the project.

(2) The Minister shall not establish a review panel pursuant to subsection (1) of this section where the President and the Governments of all interested States have agreed on another panel for conducting an assessment of the inter-state environmental effects of the project.

(3) A Panel of experts may be constituted pursuant to subsection (1) of this section on the approval of the President or at the request of the government of any interested State.

(4) Before constituting a Review Panel pursuant to subsection (1) of this section, the Minister shall give notice of the intention to constitute a panel of experts to the proponent of the project and to the state or all interested states.

(5) For the purposes of this section and section 15 of this Act, "interested state" means a state:

(a) in which the project is to be carried out; or

(b) that claims that adverse environmental effects are likely to occur in that state as a result of the project or activity.

47. Trans-boundary Environmental Effects

-(1) Where a project for which an Environmental Assessment is not required under section 15 of this Act is to be carried out in Nigeria and the President is of the opinion that the project is likely to cause adverse environmental effects outside Nigeria, the President shall direct the Minister in collaboration with the Minister of Foreign Affairs to|:

(a) constitute a panel of experts to conduct an assessment of the International environmental effects of the project;

(b) advise him on the project.

(2) Before constituting a panel of experts pursuant to subsection (1) of this section, the Minister shall give notice of the intention to establish a panel to the:

(a) proponent of the project;

(b) government of any interested State in which the project is to be carried out or that is adjacent to Federal lands on which the project is to be carried out; and

(c) government of any foreign state which in the opinion of the President, adverse environmental effects are likely to occur as a result of the project.

48. Environmental Effects on Federal and other lands

-(1) Where a project for which an environmental assessment is not required under section 15 of this Act is to be carried out in Nigeria and the Minister is of the opinion that the project is likely to cause adverse environmental effects on Federal Lands or on lands in respect of which a State or Local Government has interests, the Minister may constitute a panel of experts to conduct an assessment of the environmental effects of the project on those lands.

(2) Where a project for which an environmental assessment is not required under section 15 of this Act, is to be carried out on lands in a Local Government Area or on lands that have been set aside for public interest and the Minister is of the opinion that the project is likely to cause adverse environmental effects outside those lands, he may constitute a Panel of experts to conduct an assessment of the environmental effects of the project outside those lands.

(3) Before a panel of experts is constituted pursuant to subsection (1) or (2) of this section, the Minister shall give notice of the intention to constitute a panel of experts to the proponent of the project and to the governments of all interested States.

(4) For the purposes of this Act a reference to any land including forest reserves, include a reference to all waters on and air above those lands, areas or forest reserves.

49. Application of Certain Provisions

Sections 32 to 34 and 42 to 44 of this Act shall apply, with such modifications as the circumstances require, to a Review Panel constituted pursuant to sections 46( 1), 47 (1), 48( 1) and (2) of this Act.

50. Power to Prohibit a Proponent by the President

-(1) Upon the Minister submitting the appraisal of the assessment on the environmental effect of a project pursuant to section 46 (1), 47 (1) and 48 (1) and (2) of this Act the Minister may with approval of the President by an order published in the Gazette, prohibit a proponent from doing any act or activity resulting in the project being carried out in part or in whole, unless:

(a) the assessment is completed and the Minister is satisfied that the project is not likely to cause any adverse environmental effects;

(b) such effects shall be mitigated; or

51. Power to Prohibit a Proponent by the Minister

The Minister may, except in respect of projects listed in section 15 of this Act, prohibit the proponent of a project or activity from doing any act or activity that would result in the project or activity being carried out in whole or in part, where the panel of experts submits a report to him indicating that the project is likely to cause some adverse environmental effects, unless the Minister is satisfied that such effects have adequately been mitigated.

52. Injunction

-(1) Where, on the application of the Minister, it appears to a court that a prohibition made under sections 50 and 51 of this Act in respect of a project or activity has been, is about to be, or likely to be contravened, the court may issue an injunction ordering any person named in the application to refrain from doing any act or activity that would commit the proponent to ensuring that the project or any part thereof is carried out until:

(a) with respect to a prohibition made pursuant to section 45 of this Act, the assessment of the environmental effects of the project or activity referred to in sections 46 (1), 47 (1) 48 (1) or (2) of this Act is completed and the Minister is satisfied that the project or activity is not likely to cause any adverse environmental effects or any such effects shall be mitigated or are justified in the circumstances; and

(b) with respect to a prohibition made pursuant to section 46, of this Act the Minister is satisfied that the adverse environmental effects referred to in that section had been mitigated.

(2) Notice of the application shall be given to the persons named in the application at least 48 hours before an injunction is issued pursuant to subsection (1) of this section, unless the urgency of the situation is such that the delay involved in giving such notice would not be in the public interest.

53. Commencement of Prohibition

Any prohibition order made pursuant to sections 50 and 51 of this Act shall be effective on the day it was made.

54. International Agreements

-(1) Where a Federal Authority or the government of Nigeria enters into agreement or arrangement with the Government of a sovereign state or any institution of such a government under which a Federal Authority exercises a power or performs a duty or function pursuant to in section 16 of this Act in relation to projects:

(a) that have not been identified at the time the power is exercised or the duty or function is performed; and

(b) in respect of which the government of Nigeria or the Federal Authority as the case may be, shall have no power to exercise, or duty or function to perform when the projects are identified, the Government of Nigeria or the Federal authority concerned shall ensure that the agreement or arrangement provides for the assessment of the environmental effects of those projects and that the assessment shall be carried out as early as practicable in the planning stages of the projects.

(2) Where a Federal Authority or the government of Nigeria enters into an agreement with the government of a foreign state or of a subdivision of a foreign state, an international organisation of a foreign state, any institution of such a government or organisation, under which a Federal Authority exercises a power or performs a duty or function referred to in section 16 of this Act in relation to the projects:

(a) that have not been identified at the time the power is exercised or the duty or functions performed; and

(b) in respect of which the government of Nigeria or the Federal Authority, as the case may be, shall have no power to exercise or duty or function to perform when the projects are identified, the government of Nigeria or the Federal Authority shall ensure that the agreement or arrangement provides for the assessment of the environmental effects of those projects and that the assessment shall be carried out as early as practicable in the planning stages of the projects.

55. Public Registry

-(1) In order to facilitate public access to records relating to environmental assessments, a public registry shall be established and operated in accordance with the provisions of this Act in respect of every project or activity for which an environmental assessment is conducted.

(2) The public registry in respect of a project shall be maintained:

(a) by the Ministry from the commencement of the environmental assessment until any follow-up programme In respect of the project is completed; and

(b) where the project is referred to a Review Panel or Mediation, by the Minister until the report of the Review Panel or Mediation is submitted to the Minister.

(3) Subject to the provisions of subsection (4) of this section, a public registry shall contain all records and information produced, collected or submitted with respect to the environmental assessment of the project, including any:

(a) report relating to the assessment;

(b) comments filed by the public In relation to the assessment; and

(4) A public registry shall contain the records referred to in subsection (3) of this section where the records fall within one of the following categories:

(a) records that have otherwise been made available to the public carrying out the assessment pursuant to this Act and any additional records, that have otherwise been made publicly available;

(b) a record or part of a record that the Ministry has in its possession, or any other record of a Ministry or Government Agency that the Minister determines would have been disclosed to the public if a request had been made in respect of that record at the time the record was filed with the Registry, including any record that would be disclosed in the public interest;

(c) any record or part of a record, except a record or part containing third party information, if the Minister in the case of a record in the Ministry's possession, or the Minister believes on reasonable grounds that its disclosure would be in the public interest because it is required in order for the public to participate effectively in the assessment.

(5) Notwithstanding any other enactment, no civil or criminal proceedings shall lie against the Minister, or against any person acting on behalf of or under the direction of the Minister, and no proceedings shall lie against the State or any of its Agencies for the disclosure in good faith of any record or any part of a record pursuant to this Act, for any consequences that flow from that disclosure, for the failure to give any notice if reasonable care is taken to give the required notice.

(6) In this section, "third party information" means:

(a) trade secrets of a third party;

(b) financial, commercial, scientific or technical information that is confidential information supplied to a Government institution by a third party and is treated consistently in a confidential manner by the third party;

(c) information, the disclosure of which could reasonably be expected to result in material financial loss or gain to, or could reasonably be expected to prejudice the competitive position of a third party; and

(d) information, the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of a third party.

56. Preparation of Statistical Summary

-(1) The Minister shall during each year, maintain a statistical summary of all the Environmental Impact Assessments undertaken or directed by him on actions taken, and decisions made, in relation to the environmental effects of the project after the assessments are completed.

(2) The Minister shall ensure that the summary for each year is compiled and completed within the first three months after the end of that year.

57. Defect in form of Technical Irregularities

An application for judicial review in connection with any matter under this Act shall be refused where the sole ground for relief established on the application is a defect in form or a technical irregularity.

58. Termination of Environmental Impact Assessment process

The Minister may terminate an Environmental Impact Assessment process where:

(a) it is not in public interest;

(b) it poses a threat to the environment and public health; or

59 Post Environmental Impact Assessment Activities

-(1) Post Environmental Impact Assessment activities shall be conducted, subject to the approval of the Minister:

(a) to determine and monitor the effectiveness of any measures taken to mitigate the adverse environmental effects of the project; and

(b) to monitor compliance with the provisions of this Act as well as the recommendations and conditions of an Environmental Impact Assessment approval and certificate.

2. Post Environmental Impact Assessment activities include Environmental Audit (EAu), Post Impact Assessment (PIA), Environmental Management System (EMS) and other specialized studies, which may be conducted by the proponent in accordance with the provisions of this Act.

PART III - SUPPLEMENTAL ASSESSMENT

60. Strategic Environmental Assessment (SEA)

-(1) Notwithstanding the provisions of this Act in respect of the mandatory study list specified in the Schedule to this Act, a Strategic Environmental Assessment shall be required where:

(a) a wide range of government, public and private policies, plans and programmes are to be implemented; and

(d) small scale projects are required in a statewide or regional basis and the project do not constitute a major project requiring a stand-alone Environmental Impact Assessment.

(2) A Strategic Environmental Assessment directive or approval shall be issued or permitted by a competent authority (at the national, level only).

(3) The Strategic Environmental Assessment approval may not have a list of conditions similar to an Environmental Impact Assessment for a specific project or activity.

(4) A Strategic Environmental Assessment is mandatory for a project, plan, programme or activity which is prepared for agriculture, forestry, fisheries, energy, industry, transport waste or water management telecommunications, tourism, town and country planning or land use, and which sets the framework for a future development consent of a project listed pursuant to this Act.

61. Strategic Environmental Assessment Procedure

-(1) The Strategic Environmental Assessment procedure shall be as follows:

(a) an environmental report is prepared in which the likely significant effects on the environment and the reasonable alternatives of the proposed plan or programme are identified;

(b) the public and the environmental authorities are informed and consulted on the draft plan or programme and the environmental report prepared;

(c) as regards a plan or programme which is likely to have significant effect on the environment in another country, the state in whose territory the plan or programme is being prepared shall consult the other member state;

(d) the environmental report and the result of the consultation shall be taken into account before adoption and upon the plan or programme being adopted, the environmental authorities and the public shall be informed and the relevant information made available to them, in order to identify unforeseen adverse effects at an early stage; and

(e) significant environmental effects of the plan or programme shall be monitored.

(2) In conducting a Strategic Environmental Assessment, the following shall be considered, the:

(a) environment's carrying capacity;

(b) estimated environmental impacts and risks;

(d) efficiency of natural resource utilization;

(e) level of vulnerability and capacity for adaptation and resilience;

(f) opportunities for wealth creation, socio-economic well being and national cohesion; and

(g) cumulative impacts.

(3) The Minister shall issue Regulations or Guidelines for Strategic Environmental Assessment.

(4) A Strategic Environmental Assessment shall be conducted by the lead agency in charge of the policy, plan, programme or activity, subject to the approval of the Minister.

(5) For the purpose of this section, a lead agency includes a State, Local Government Area, Ministries, Departments and Agencies of the Federal or State Governments.

62. Environmental Audits

(1) Environmental Audits shall be conducted by a proponent every three years pursuant to the issuing of an Environmental Impact Assessment permit for a project or activity.

(2) Only competent Environmental Impact Assessment approving authorities shall have the mandate to approve Environmental Audits.

(3) Where a competent government authority has conducted an Environmental Audit as a third party for regulatory purposes, the Minister shall review the Audit for approval and permitting.

(4) The Minister shall from time to time, issue procedures for Environmental Audit, to ensure its regulation.

63. Post Impact Assessments (PIA)

-(1) Post impact Assessments shall be conducted by a proponent where a project has commenced (that is commissioned) without the issuance of an Environmental Impact Assessment permit for an activity and is less than three years in operation.

(2) Only a competent Environmental Impact Assessment approving authority shall have the mandate to approve a Post Impact Assessments.

(3) Where a competent government authority has conducted a Post Impact Assessment as a third party for regulatory purposes, the competent Environmental Impact Assessment approving authority shall review the Post Impact Assessment for approval and permitting.

(4) The Minister shall from time to time issue procedures for Post Impact Assessment, to ensure its smooth regulation.

64. Health Impact Assessments (HIA) and Social Impact Assessment (SIA)

-(1) Health and Social Impact Assessments shall be conducted by a proponent where it is deemed necessary by the competent authority pursuant to the outcomes of an Environmental Impact Assessment, Strategic Environmental Assessment or from a screening report, such a screening report shall be deemed as a class screening report for similar projects.

(2) Only a competent Environmental Impact Assessment approving authority shall have the mandate to approve a Social Impact Assessment and Health Impact Assessment.

(3) Where a competent government authority has conducted Health Impact Assessment or Social Impact Assessment as a third party for regulatory purposes, the competent Environmental Impact Assessment approving authority shall review the Post Impact Assessment for approval and permitting.

(4) The Minister shall from time to time Issue procedures for Post Impact Assessment to ensure its smooth regulation.

65. Specialized Studies

Specialised studies like Modeling Studies, Environmental Seabed Surveys and Biodervisity Studies shall be conducted and approved by the Environmental Impact Assessment competent authority where:

(a) a screening and scoping report requires that it shall enhance decision making for Environmental Impact Assessment approval;

(b) whereupon after an Environmental Impact Assessment approval, it is mandated as a vital tool for approval follow up action and monitoring.

PART IV - MISCELLANEOUS

66. Registration of Environmental Impact Assessment practitioners

-(1) The Minister shall register only a certified Environmental Impact Assessment practitioner a as consultant, for quality assurance and control.

(2) The Ministry shall maintain a register of all Environmental Impact Assessment practitioners engaged as consultants pursuant to subsection (1) of this section.

(3) The Minister shall strike out the name of an Environmental Impact Assessment practitioner from the register under subsection (2) of this section, where the Environmental Impact Assessment practitioner fails to discharge any assigned responsibility in accordance with the provisions of this Act.

67. Power to Facilitate Environmental Assessment

In this Act, the Minister may-

(a) issue Regulations, Guidelines, Standards or Codes of Practice, for conducting an assessment of the environmental effects of projects;

(b) establish research or advisory bodies;

(c) enter into agreements or arrangements with any relevant authority within the meaning of section 42(a), (b), (c) (d) or (e) in respect of assessments of environmental effects;

(d) enter into agreements or arrangements with States for the purposes of coordination, consultation, and exchange of information in relation to the assessment of the environmental effects of projects of common interests;

(e) recommend the appointment of members to bodies established by Federal Authorities or to bodies referred to in section 42( 1 )( e) of this Act on a temporary basis, for the purpose of facilitating a substitution pursuant to Section 41 of this Act;

(f) establish criteria for the appointment of members of Review Panels and Mediators;

(g) establish criteria for the approval of a substitution pursuant to section 41 of this Act; and

(h) grant interim Environmental Impact Assessment approval of three months for a major project of urgent notional importance.

68. Implementation Fund

-(1) For the purpose of implementation of this Act, there shall be established a Fund in this Act referred to as "the Implementation Fund".

(2) The Implementation Fund shall consist of-

(a) annual budgetary allocations;

(b) twenty percent of all monies from Environmental impact Assessment fees and charges;

(c) donations, gifts, grants in aid or endowment, from national, bilateral and multilateral organizations, on such terms and conditions, if any, between the donor and the Ministry,

provided such term and conditions are consistent with the objectives of this Act; and

(d) all sums accruable to the Ministry for the defrayal of expenses incurred in the implementation of the provisions of this Act and Polluter Pays Principle.

69. Power to make Regulations

The Department responsible for Environmental Assessment in the Ministry may, with the approval of the Minister, make Regulations, published in the Gazette-

(a) in respect of the procedures and requirements of, and the time or period relating to the Environmental Assessment process set out in this Act, or including the conduct of assessment by Review Panels established pursuant to section 32 of this Act;

(b) prescribing a list of projects or classes of projects for which an Environmental Assessment is not required;

(c) prescribing a list of projects or classes of projects not covered by the Mandatory Study List in the Schedule to this Act for which a mandatory study is required where he is of the opinion that the projects are likely to have significant adverse environmental effects;

(d) prescribing a list of plans, policies and programmes for which Strategic Environmental Assessment (SEA) is required;

(e) prescribing fees and charges for the implementation of this Act; and

(f) prescribing such other things necessary to give effect to the implementation of this Act.

70. Offences and Penalties

-(1) A person, who contravenes the provision of this Act or any regulation made pursuant to this Act commits an offence and is liable on conviction

(a) in the case of an individual, to a fine not less than Five Million Naira and not more than Ten Million Naira, or imprisonment for a term not less than one year or not more than three years, or both;

(b) in the case of a firm or body corporate, to a fine not less than Ten Million Naira and not more than Twenty Million Naira.

(2) A person, consultant, mediator, proponent or Environmental Impact Assessment practitioner who provides a false information or makes a false declaration or any false statement which he knows to be false or does not have reasonable grounds to believe to be true, commits an offence and is liable on conviction -

(a) in the case of an individual, to a fine not less than One Million Naira and not more than Two Million Naira, or to imprisonment for a term not less than six months, or both;

(b) in the case of a body corporate, to a fine not less than Five Million Naira and not more than Ten Million Naira.

71. Repeals and Savings

-(1) The Environmental Impact Assessment Act, Cap E12, Laws of the Federation of Nigeria, 2004, is repealed.

(2) Anything made or done or having effect under the Environmental Impact Assessment Act, Cap E 12 Laws of the Federation of Nigeria, 2004 (lithe repealed Act") and having any resulting or continuing effect, shall be treated as from the commencement of this Act, as if it were made or done under this Act.

(3) All rights, liabilities and obligations of the repealed Act shall, by virtue of this Act, be deemed to accrue under this Act.

72. Interpretation

In this Act, unless the context otherwise provides-

"Assessment" means the evaluation of the environmental consequences (positive and negative) of a plan, policy, programme or concrete project, prior to decision to move forward with the proposed action as conducted by a proponent, technical panel, Review panel;

"assessment by a review panel" means an Environmental Impact Assessment that is conducted by a Review Panel appointed pursuant to section 32 of this Act and that includes a consideration of the factors set out in section 20 of this Act;

"environment" means the components of the earth, and includes -

(a) land, water and air, including all layers of the atmosphere;

(b) all organic and inorganic matter and living organisms; and

"environmental assessment" means, in respect of a project, an assessment of the environmental effects of the project that is conducted in accordance with the provisions of this Act and any regulations made there under;

"environmental effect" means, in respect of a project, any change the project may cause to the environment, whether any such change occurs within or outside Nigeria, and includes any effect of any such change on health, social, economic, cultural, physical and biological conditions;

"Environmental Impact Assessment (EIA)" means an analytical and management tool that identifies, predicts and evaluates the potential and associated environmental, socio-economic and human health impacts of a 'proposed development project or activity in order to mitigate the negative impacts and enhance the positive ones, and in some cases the term Environmental Impact Assessment may be interchangeably used with other terms such as Environmental and Social Impact Assessment ('ESIA') or Environmental, Social and Health Impact Assessment ('ESHIA');

"excluded projects" means projects prescribed pursuant to section 15 of this Act;

"Federal Authority" means - Ministry, Department or Agency of the Federal Government of Nigeria;

“Federal Lands" means-

(a) lands that belong to the Federal Government of Nigeria in which Nigeria has a right thereon or has the power to dispose of and all waters on and air space above those lands including-

(i) the internal waters of Nigeria within the meaning of the Sea Fisheries Act, Cap. S4, Laws of the Federation of Nigeria, 2004, including the seabed and subsoil below and the airspace above those waters,

{ii) the territorial waters of Nigeria as determined in accordance with the Territorial Waters Act, Cap. T 4, Laws of the Federation of Nigeria, including the sea bed and subsoil below and the airspace above the waters,

(iii) any fishing zone of Nigeria prescribed under the Sea Fisheries Act;

(iv)any exclusive economic zone that may be created by the Government of Nigeria; and

(v) the continental shelf, consisting of the seabed and subsoil of the submarine areas that extend beyond the territorial sea throughout the natural prolongation of the land territory of Nigeria to the outer edge of the continental margin or to a distance of two hundred nautical miles from the inner limits as may be prescribed pursuant to an Act of the Federal government; and

(b) reserves, surrendered lands and any other lands that are set apart for the use and benefit of Nigerians by the Federal Government of Nigeria and all waters on and airspace above those reserves or surrendered lands;

"Post Environmental Impact Assessment Activities" means -

(a) verifying the accuracy of the environmental assessment of a project including Environmental Audit (EAUL Post Impact Assessment (PIA), and other specialized studies;

“mandatory study" means an environmental assessment that is conducted pursuant to section 23 and that includes a consideration of the factors set out in section 21 of this Act;

"mandatory study list" means the list set out in the Schedule to this Act;

"mandatory study report" means a report of a mandatory study that is prepared in accordance with the provisions of this Act or any regulations made there under;

"mediation" means an Environmental Assessment that is conducted with the assistance of a Mediator appointed pursuant to section 35 of this Act and that includes a consideration of the factors set out in section 13 of this Act; it also means an act of reaching a consensus on a dispute with the assistance of a mediator;

"Minister" means, the Federal Minister responsible for environmental matters or his designate;

"Ministry" means the Federal Ministry responsible for environmental matters;

"mitigation" means, in respect of a project, the elimination, reduction or control of the adverse environmental effects of the project, and includes restitution for any damage to the environment caused by such effects through replacement, restoration, compensation offsets or any other means;

"President" means the President, Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria;

"project" includes activities, plans, programmes and policies that a proponent (public or private) proposed to undertake;

"proponent" means any person including the executor, contractor, financier, implement or, authority, corporate body or unincorporated body including the Government of the Federation, state or Local Government intending to undertake or authorize the undertaking of any project or activity that may likely, or, to a significant extent affect the environment or have environmental effects in whole or in part;

"record" includes any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape, machine readable record, and any other documentary material, regardless of physical form or characteristics, and any copy thereof;

"screening" includes a process of carrying out an initial environmental examination of a project's proposal by the Ministry in order to categorize it;

"screening report" means a report that summarises the results of a screening;

“stakeholders" include Government Ministries, Departments and Agencies, members of the public, expert in relevant disciplines and interested groups, the organized private sector, non-governmental organizations, professional bodies, host and project affected communities;

"Strategic Environmental Assessment" means a proactive environmental management tool that provides decision-makers and Stakeholders with information on the environmental implications of a policy, plan or programme before major alternatives are chosen and decisions taken. A Strategic Environmental Assessment is the systematic and comprehensive process of examining environmental effects, significant economic and social effects for the purpose of promoting integrated decision making;

‘Review Panel' an independent body constituted by the Minister to review the report;

"life cycle approach" means a tool to review environmental impact of a project throughout the entire life cycle (from cradle to grave);

“magnitude" means the degree and extent to which the project changes the environment and usually varies according to project phase; and

"impact significance" means evaluation of predicted impacts or residual impacts against selected environmental objectives, regulatory criteria or environmental threshold based on direct and indirect analyses of area affected or area of influence, percentage of resource affected, persistence of impacts, sensitivity of resources, status of resources, regulatory status of resources (protected or endangered), societal value attached to the source e.g. sacred sites and social acceptability of induced changes.

73. Short Title

This Bill may be cited as the Environmental Impact Assessment Bill, 2018.

SCHEDULE

[Section 13, 19(a) (ii), 57]

MANDATORY STUDY LIST

1. Agriculture:

(1) Land development schemes covering an area of 100 hectares or more for agricultural production.

(2) Agricultural programmes necessitating involuntary resettlement.

(3) Development of agricultural estates covering an area of 20 hectares or more involving changes in type of agricultural use including animal husbandry, poultry, piggery, dairy production, etc.

(4) Genetically Modified (I GM ') product;

2. Airport:

(1) Construction of airports and airstrips.

(2) Landing strip development in States and National Parks.

(3) Construction of helipads, heliports and aerodromes.

3. Drainage and Irrigation

(1) Construction of dams, man-made lakes and artificial enlargement of lakes.

(2) Drainage of wetland, wild-life habitat or of virgin forests.

(3) Irrigation schemes covering an area of 20 hectares or more.

(4) River canalization and re-channeling.

4. Dredging Activities:

(1) In deep offshore waters.

(2) Sand dredging for commercial purposes or major development projects.

5. Fisheries:

Large scale land based aquaculture projects

6. Forestry:

(1) Conversion of forest land and conservation areas to other land use covering an area of 10 hectares or more.

(2) Logging or conversion of forestland or protected areas to other land use within the catchment area of rivers, flood plains and river basins.

(3) Logging covering an area of 10 hectares or more.

(4) Conversion of mangrove swamps for industrial, housing, infrastructure or agricultural use.

(5) Forest Reserves.

(6) projects with significant impacts on bio-diversity.

7. Urban Development and Renewal Projects, Parks and Recreation:

(1) Green or smart city development.

(2) Housing estates development.

(3) Theme parks and mega shopping malls or arcades;

(4) Construction of resort-facilities with hotels of 100 rooms and above.

(5) Development of tourist-facilities with hotels of 100 rooms and above.

(6) Development of recreational amenities at waterfront, beaches or beachfronts.

(7) Construction of new townships.

(8) Change of use of green areas.

8. Industry

9. Infrastructure:

(1) Construction of large scale and specialized hospitals.

(2) Construction of Industrial estates for medium and heavy industries.

(3) Construction and/or Rehabilitation of Expressways.

(4) Construction and/or Rehabilitation of highways.

(5) Construction and/or Rehabilitation of drainage and irrigation canals.

(6) Construction of new townships.

(7) Industrial Parks.

(8) Bio technology and bio-safety plant (GMO manufacturing).

10 Reclamation:

(1) Coastal reclamation of all sizes.

(2) Land reclamation of all sizes.

11. Mining:

(1) Mining.

(2) Ore processing, including concentrates for aluminum, copper, gold, tantalum, tin, lead, zinc and other extractive minerals.

(3) Dredging (capital and maintenance).

(4) Bitumen exploration and exploitation.

(5) Hydraulic fracturing (fracking);

(6) Coal exploration and exploitation;

(7) Uranium exploration and exploitation.

12. Manufacturing:

(1) Cement and lime production.

(2) Textiles.

(3) Electronics or electrical appliances.

(4) Furniture (large scale).

(5) Tobacco processing and allied products.

(6) Automotive plants including battery manufacturing, brake pads and lining manufacturing and automotive testing centers and other accessories.

(7) Beverages including fruit, vegetable, soda or soft drinks, etc.

(8) Breweries and distilleries.

(9) Tanneries.

13. Ports and Harbours:

(1) Construction of ports and harbours.

(2) Ports and habours expansion.

(3) Construction or expansion of jetties.

(4) Construction and expansion of dry ports or dock yard.

(5) Construction of inland ports.

14. Petroleum:

(1) Seismic operations (land and swamps).

(2) Oil and gas field developments onshore, near shore, offshore and deep offshore -

(a) development well drilling, or

(b) construction of crude oil production, tank farm and terminal facilities including floating production, storage and offloading (FPSOs) .

(3) Laying of crude oil and gas delivery line, flow-line and pipeline.

(4) Hydrocarbon processing facilities -

(a) oil refineries and petrochemicals;

(b) Liquefied Natural Gas, Natural Gas Liquids or Gas Compression & Processing (GC&P) Plants;

(d) blending plants.

(4) Construction of petroleum product depots.

(5) Bioremediation activities.

15. Power Generation and Transmission:

(1) Construction of steam generated power stations burning fossil fuels.

(2) Construction of dual fired (natural gas or diesel) power plants.

(3) Dams and hydroelectric power schemes.

(4) Construction of single or combined cycle power stations.

(5) Construction of nuclear-fueled power stations.

(6) Construction of renewable energy plants.

(7) Wastes to energy plants.

(8) Construction of transmission lines.

16. Quarries:

Quarrying of rocks and stones.

17. Railways:

(1) Construction of rail routes and ancillary facilities.

(2) Rehabilitation of rail routes.

(3) Expansion of rail routes.

18. Telecommunication:

(1) Construction of Base Transceiver Stations (' BTS') and ancillary facilities.

(2) Laying of telecommunication cables.

(3) Laying of Information and Communications Technology ('ICT') utilities duct and cables.

19. Marine Environment Marine activities and services.

20. Waste Treatment and Disposal:

(1) Toxic and hazardous waste, including-

(a) incineration plants;

(b) medical waste incinerators;

(d) waste water treatment plants (off-site);

(e) engineered landfill facilities;

(f) waste storage and transfer facilities (off-site);

(g) e-waste recycling or treatment facilities; and

(h) Thermal Desorption Unit (TDU).

(2) Municipal solid waste, including -

(a) incineration plants;

(b) composting plant;

(d) municipal solid waste landfill facilities; and

(e) integrated waste management facilities.

(3) Municipal sewage, including -

(a) waste water treatment plants;

(b) sewers; and

(4) Waste recycling facilities.

21. Water Supply:

(1) Construction of dam or impounding reservoir.

(2) Groundwater extraction for industrial agricultural or urban water supply.

(3) Installation of industrial and commercial water treatment and sanitation facilities.

Explanatory Memorandum

This Bill seeks to repeal the Environmental Impact Assessment Act, Cap. E12, Laws of the Federation of Nigeria, 2004; and Enact the Environmental Impact Assessment Act, 2018, to set out general principles, procedures and methods to enable the prior consideration of Environmental Impact Assessment on certain public or private projects.