5 Key Environmental Law Developments in Nigeria.

5 Key Environmental Law Developments Shaping a Sustainable Future in Nigeria

One of the roles of law in society is to engage in social engineering to establish a strong and stable environment that supports thriving economic activities over time. Environmental law is crucial in Nigeria as it tackles the distinctive ecological issues faced by the nation, and promotes a sustainable future. Stay informed about the latest developments in Nigerian environmental law to understand its impact on various sectors. Here are five critical environmental law developments that are driving positive change in Nigeria:

1. Strengthening Environmental Regulations for the Oil and Gas Industry: In line with the constitutional powers of the National Assembly to make laws for the good governance of the Nigerian state, the Petroleum Industry Act (PIA) was enacted in 2021 to regulate the oil and gas industry activities and ensure environmental protection. It repealed the Petroleum Act 2004 and established new regulatory frameworks to regulate petroleum industry operations upstream, midstream, and downstream. The PIA in section 102 provides strict environmental management that requires lease or license holders engaging in upstream and downstream petroleum operations to submit for approval, an environmental management plan in respect of projects requiring Environmental Impact Assessment (EIA) to the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) or Nigerian Midstream and Downstream Regulatory Authority (NMDRA). It also makes it mandatory under section 103(1) for a licensee or lessee to pay a prescribed financial contribution to an environmental remediation fund for the rehabilitation or management of negative impacts before such lease or license will be granted. The PIA makes it an offence to flare gas, except in certain circumstances. It also makes the installation of metering equipment mandatory in every facility from which natural gas may be flared before the commencement of petroleum production. Failure to adhere to the obligations makes such licensee or lessee liable to penalties as the NUPRC or NMDPRA may prescribe under a regulation. The oil and gas industry is the mainstay of the Nigerian economy and the importance of the implementation of this timely legislation can not be overemphasized.
2. Promoting Renewable Energy and Clean Technology: Promoting renewable energy and clean technology in Nigeria is crucial for addressing the country's energy needs, reducing greenhouse gas emissions, and promoting sustainable development. Nigeria has abundant renewable energy resources such as solar, wind, hydro, and biomass, which, if harnessed effectively, can contribute significantly to its energy mix. Here are some of the laws and legal frameworks:The National Renewable Energy and Energy Efficiency Policy (NREEEP): provides a framework for the promotion and development of renewable energy and energy efficiency in Nigeria. It sets targets for increasing the share of renewable energy in the energy mix and outlines strategies for achieving these targets. The Nigerian Electricity Regulatory Commission (NERC) Regulations and Guidelines is the regulatory body for the electricity sector in Nigeria and has issued various regulations and guidelines related to renewable energy. These include regulations for grid-connected renewable energy projects and guidelines for the procurement of renewable energy.The Nigerian Energy Support Programme (NESP) is a bilateral partnership between the Nigerian and German governments that supports the implementation of the Nigerian Renewable Energy and Energy Efficiency Policy. It provides technical assistance and capacity building to promote renewable energy and energy efficiency. The Renewable Electricity Action Program (REAP) is an initiative aimed at promoting renewable electricity generation in Nigeria. It focuses on developing renewable energy projects and creating an enabling environment for investment in the renewable energy sector. The National Policy on Climate Change outlines Nigeria's approach to addressing climate change issues, including promoting clean and renewable energy sources to reduce greenhouse gas emissions.
3. Waste Management and Circular Economy Initiatives: Nigeria has enacted and implemented some laws and initiatives towards tapping into the many benefits of the circular economy on waste management. Several organizations and private initiatives in Nigeria have been actively engaged in waste collection and recycling programs. They work to collect recyclable materials such as plastics, paper, glass, and metals for processing and reuse. Numerous communities across Nigeria have also initiated recycling projects at the local level. These projects often involve waste sorting, recycling, and using recycled materials for various purposes within the community. Initiatives are being developed to convert waste into energy through technologies like anaerobic digestion, waste incineration, and biogas production. These projects aim to reduce the burden on landfills and provide a sustainable energy source. The National Environmental Standards and Regulations Enforcement Agency (NESREA) Act is responsible for enforcing environmental laws, regulations, and standards in Nigeria. It plays a significant role in waste management and environmental protection. The National Policy on Solid Waste Management provides a framework for the effective management of solid waste in Nigeria, including waste collection, disposal, and recycling initiatives. This policy specifically encourages the circular economy. The Extended Producer Responsibility (EPR) Framework holds producers responsible for the end-of-life disposal of their products. It aims to promote recycling and reduce waste. The Plastic Waste Management Policy was made to manage plastic waste effectively, with a focus on reducing plastic pollution and promoting recycling. The National Strategy for the Implementation of the 3Rs (Reduce, Reuse, Recycle) Approach in Waste Management emphasizes minimizing waste generation by reducing, reusing, and recycling materials and it is a fundamental aspect of circular economy initiatives. The Hazardous Waste (Control and Management) Regulations outline measures for the control and management of hazardous waste to protect human health and the environment. The Waste to Wealth Initiative encourages the transformation of waste materials into valuable products, promoting a circular economy by reducing waste and maximizing resource utilization.
4. Conservation and Biodiversity Protection: Nigeria, a country of rich biodiversity and ecological importance, is home to diverse ecosystems, wildlife species, and natural resources. The nation recognizes the significance of conserving its biodiversity for sustainable development and environmental balance. To achieve this, Nigeria has established a legal framework encompassing laws and regulations that promote conservation and protect its valuable biodiversity. NESREA was established to enforce compliance with environmental laws, regulations, and standards in Nigeria. It plays a crucial role in ensuring that activities impacting biodiversity comply with relevant environmental regulations. Laws like the National Parks Service Act and the Wildlife Conservation and Management Act provide a legal framework for the conservation and protection of wildlife in Nigeria. They establish protected areas and regulate activities related to hunting, poaching, and wildlife trade. Nigeria's maritime and coastal environments are protected under laws like the Coastal and Inland Shipping (Cabotage) Act and the Nigerian Oil Spill Detection and Response Agency (NOSDRA) Act. These laws aim to conserve marine biodiversity and protect coastal areas from pollution and degradation.
5. Environmental Impact Assessment and Sustainable Development: The Environmental Impact Assessment Act (1992) of Nigeria establishes the legal basis for conducting environmental impact assessments for projects. Its primary objective is to promote sustainable development by ensuring that proposed projects are environmentally sound, economically viable, and socially beneficial. The Act mandates the preparation of an environmental impact statement (EIS) for designated projects, which is subject to review and approval by the relevant authorities. However, the Act failed to fulfil its purposes adequately, hence its amendment in 2020. Subregulation (2) of regulation 6 of the principal regulations was amended by changing the possibility of integrating the environmental impact assessment into the development consent procedure (or into any other relevant procedures or binding decisions that may be required to comply with these regulations) into an obligation. Sub-regulation (6) of regulation 12 of the principal regulations was amended by clarifying the information that the project description statement, made by the Environment and Resources Authority, must indicate. Sub-regulation (5) of regulation 16 was also amended as well as sub-regulation (6), which was modified so as to add a timeline for the updating of the information provided to the public in line with sub-regulation (5). Sub-regulation (2) of regulation 19 of the principal regulations shall be amended in order to add the authorities and entities likely to be concerned by the project by reason of their specific environmental responsibilities among the recipients of the EIA report. Sub-regulation (3) of regulation 22 was reworded to add a deadline within which the EIA report shall be made available on the Authority’s website. Regulation 23 of the principal regulations shall be amended, in its point 1 to include the possibility for the applicant and the public to make comments and representations on the Authority assessment of the EIA report, and to include a 15-day deadline for the Authority to make its assessment available on its website. Point 2 will reflect the introduction of the comments received from the public concerned at any stage of the process pursuant to these regulations and any other environmental considerations that may be relevant, which shall be given due regard by the Authority in preparing and arriving at its final assessment. Regulation 30 is also slightly reworded as well as regulation 32. Immediately after regulation 32 a new regulation, 32A, adds that, when providing recommendations following the completion of an environmental impact assessment, the Authority shall duly take into account the comments received from the public.

Nigeria's environmental law landscape is evolving to address the country's environmental challenges and drive sustainable practices across sectors. by staying informed about these key developments, we can actively contribute to environmental conservation, advocate for stronger regulations, and promote sustainable practices in our industries and communities.