Wednesday, September 13, 2017




Sponsored by: Hon. Obinna Chidoka

Provisions of the Bill

Committee’s Recommendation

Establishment of the Institute of Environmental Practitioners of Nigeria.
1. (1) There is hereby established a body to be known as the Institute of environmental Practitioners of Nigeria (in this bill referred to as the Institute).
(2) The Institute:
(a) shall be a body corporate with perpetual succession and a common seal;
(b) may sue and be sued in its corporate name; and
(c) may for the purpose of carrying out its functions, subject to the limitations in this Bill and to any law for time being in force, acquire, hold or dispose of property, whether movable or immoveable.

Established for the Governing Council.
2. (1) There shall be established for the Institute a Governing Council (the council) charged with the responsibility for the administration and general management of the Institute.
(2) The Council shall consist of:
(a) President of the Institute, who shall be the chairman;
(b) Vice-President of the Institute who shall be the Vice-Chairman;
(c) National Treasurer of the Institute who shall be the treasurer;
(d) Minister of Environment or his representative who shall not be below the rank of a Director;
(e) Minister of Petroleum or his representative who shall not be below the rank of a Director;

(f) Minister of Agriculture or his representative who shall not be below the rank of a Director;
(g) the immediate past president of the Institute;
(h) five persons appointed by the Institute;
(i) Chairmen of branches of the Institute;
(j) Chairman board of Fellows; and
(k)  Chairmen of committees of the Council. 

(3) The provision of the First Schedule to this Bill shall regulate the proceedings of the Council and related matters.

Function of the Institute.
3.  The Institute shall:
(a) determine what standard of knowledge and skill are to be attained by persons seeking to become registered as Environmental Practitioners in Nigeria;
(b) secure in accordance with the provisions of this Bill, the establishment and maintenance of a register of Members and the publication of a list of  such members;
(c) regulate and control all aspects of the environmental practice in Nigeria (Professional Services); and
(d) perform through the Council, functions conferred on it by this Bill.

Function of the Council.
4.  The Council shall be responsible for:
(a) ensuring the effective and efficient implementation of the function of the Institute;
(b) supervising and monitoring the operations of the Institute;
(c) maintaining the highest level of integrity and honesty in the operations of the Institute;
(d) the consideration and approval of the annual budget of the Institute;
(e) presentation of the report and account prepared by the Institute to the Minister;

(f) the approval of the audited accounts and the consideration of the management letters from the external auditors;
(g) appointment and removal of auditors, provision of the necessary facilities and remuneration; and
(h) carrying out such other activities as are necessary and expedient for achieving the objectives and functions of the Institute.

Grades in the Institute.
5.  A person registered as an environmental Practitioner under the Institute shall be a:
(a) Fellow, if the person has:
(i)  spent at least Ten years as a full member of the institute, or
(ii)  contribute significantly to the practice and development of environmental management;
(b) member, if the person has:
(i)  spent at least six years as an Associate, and
(ii) adjudged by the Council to possess an adequate knowledge of environmental management; and
(c) Associate, if, the person is a:
(i) University graduate who has spent at least four years in an affiliate grade;
(ii) holder of university degree in environmental science or any related discipline, or a person who has performed duties at a senior level in environmental management continuously for at least six years;
(iii) graduate of the Institute who has competently performed executive or advisory duties at a senior level in environmental management for at least four years since election to the grade of member; and
(iv) non-graduate who has spent at least ten years in an affiliate grade, and possesses standard knowledge and qualities essential for a successful practice of environmental management.


Fund of the Institute.           
6. (1) There shall be established for the Institute a Fund, which shall be managed and controlled by the Council.
(2)  There shall be paid into the fund:
(a) all fees, charges and monies payable to the Institute pursuant to this Bill;

(b) all monies provided by the Federal Government to the council by way of grant or loan or otherwise; and
(c) other monies received by the Institute in course of its operations or in relation to the  exercise of its function under this Bill.
(3)  There shall be paid out of the Fund of the institute:
(a) remuneration and allowances of the Institute;
(b) any money borrowed by the Council on behalf of the Institute and interest payable on such monies;
(c) such reasonable expenses and allowances of members of the Council in discharging their duties for the Institute, as the Council may determine; and
(d) any other expenses incurred by the Council in the discharge of its function under this Bill.
(4) The Council may invest monies from the fund in any security created or issued by or on behalf of the Government of the Federation or any other security in Nigeria as may be approved by the council.
(5) The Council may on behalf of the Institute, from time to time borrow money for the purpose of running the Institute, which shall be paid into the Fund.

Annual accounts.
7.  The Council shall on behalf of the Institute keep proper accounts in respect of each year, and the Council shall cause the accounts to be audited by an external auditor appointed in accordance with the guidelines supplied by the Auditor-General  for the Federation, and the audited accounts submitted to the members at the general meeting of the institute.


Appointment of Registrar, etc and preparation of register.        
8. (1) The Council shall appoint a Person knowledgeable in environmental practice for not less than Ten years to be the Registrar of the Institute, and such other persons as the Council may from time to time think necessary to assist the Registrar in the performance of his functions under this Bill.
(2) The Registrar shall be the Chief Executive officer of the Institute and Secretary to the Council.
(3) The Registrar shall prepare and maintain a Register of names, addresses and approved qualifications and other relevant particulars as may be specified in the rules made by Council, of all categories and classes of members/persons registered as Environmental practitioners in the Country.
(4) The register shall consist of five parts; each part shall be in respect of Fellows, Members, Associates, Affiliates, Graduates and Students.
(5) Subject to the provisions of this section, the Council may make rules with respect to the creation and maintenance  of the register including:
(a) the making of applications for enrolment;
(b) notifying the Registrar as to any change in any particulars submitted by any person;
(c) authorizing a registered person to have any qualification relevant to this Bill; and
(d) specifying the fees, including subscription to be paid to the Institute upon the entry of names on the register and authorizing the Registrar to refuse the entry of a name in the register until specified entry fees have been paid.

Duties of the Registrar.
9.   It shall be the duty of the Registrar to:
(a) correct, as directed by the Council, any wrong entry in the register;
(b) update the registered particulars of registered persons;
(c) remove from the register the name of any registered person who has died;
(d) record the names of members of the institute who have defaulted for more than four months in the payment of annual subscriptions;

(e) take such action in relation thereto (including removal of the names of defaulters from the register) as the Council under this Bill, may direct or require.

Publication of register and its correction.
10. (1) The Registrar shall ensure that:
(a) the register or any corrections made  therein shall be printed, published and put on sale for members of the public not later than two years from the commencement of this Act; and
(b) a copy of each edition of the register and a list of any corrections made, shall be deposited at the principal office of the Institute and made available to  members of the public.
(2) A published copy of the Register and any corrections therein shall be admissible in evidence to prove registration of a person.

Registration of Environmental Practitioners organization.
11. (1) The Council shall register annually all qualified Environmental Practitioners and organisations.
(2) A person, organisation or firm shall not practice as an Environmental Practitioners or consultant in Nigeria unless registered by the Council.

Establishment of Environmental Practitioners Disciplinary Committee.
12.  There shall be established a committee known as Environmental practitioners Disciplinary Committee, which shall be charged with the duty of considering and determining any case of discipline against any erring members.

Qualification for membership of the Institute.
13. Persons who possess acceptable qualifications with at least five years cognate experience shall be admitted as Members of the Institute.

14. The Council shall prescribe rules and regulations, including fees to be paid for registration and other purposes under this Bill; and when and how such fees shall be paid.

Honorary membership.
15. The Council can admit persons to the Institute as Honorary members, provided not more than five (5) persons are admitted for a period of not less than two (2) years.

16.  The Institute shall:

(a) provide and maintain a library comprising of books, research materials and publications that  will build the capacity of the Environmental Practitioners and other materials approved by the Council;
(b) encourage research into environmental and other related subjects and
(c) formulate and make rules and regulations guiding the use of  the library in particular and the Institute in general.

Property of the Institute.
17. The Institute may own, register, transfer and receive properties in its corporate name.

18. In the execution or carrying out of any environmental contract or job in any area or locality, residents of such area or locality shall be properly notified and as much as possible allowed to fully participate in such contract or job.

19. An environmental contractor or consultant carrying out an environmental contract or job in an area or locality shall in all cases ensure that reasonable number of his staff available for such job come from the area or locality where the job or contract is to be undertaken and shall set aside temporary jobs and local supplies for residents of the area or locality concerned.

Offences and penalties.
20. (1) If any person for the purpose of registration of any name, qualification or other matter(s):
(a) makes a statement which he believes to be false in a material particular, or
(b) recklessly makes a statement which is false in a material particular,
he shall be guilty of an offence and shall be liable to a fine of …..or to imprisonment for…..years or not exceeding ....years, or to both fine and imprisonment.
(2) It shall be an offence under this Bill for anyone who is not a member and who is not registered with the Institute to solicit, procure, practice or otherwise undertake an environmental professional job or consultancy services, including the preparation of Environmental Impact Assessment (EIA) and Environmental Assessment Reports (EARs) and studies.
(3) It shall also be an offence for anyone to award an environmental job, contract or consultancy services to anyone without first ensuring and confirming that the contractor or consultant is qualified and registered with the Institute to practice as an environmental practitioner in Nigeria.

(4) If any person, group or organization is found to be in breach of Sections 18(2) and (3) above, such person, group or organization shall be guilty of an offence and shall be liable to a fine of …..or to imprisonment for …..years or not exceeding ….; or to both fine and imprisonment and in the case of an organization or body corporate, the Director(s) of such an organization or body corporate shall individually and collectively be vicariously liable.

21.  In this Bill:

"Institute" means the Institute of Environmental Practitioners of Nigeria;

"Association" means the Association of Environmental Practitioners;

"Minister" means Minister in charge Environment;

"Council" means Governing Council of the Institute;

"Fees" includes annual subscription;

"Member" means a registered member of the Institute;

"Practitioners" means environmental Practitioners;

"Tribunal"  means Environmental  Practitioners' Discipline Tribunal;

"Register" means register of members; and

"Registrar" means chief executive of the Institute.

Short title.
22. This Bill may be cited as the Institute of Environmental Practitioners of Nigeria (Establishment) Bill, 2017.

Clause 3(3)

1. Subject to provisions of this Bill and other applicable laws, Council may make orders regulating its proceedings or those of any committee it sets up
2. Where standing orders made under paragraph 1 of this Schedule provide for the Council to co-opt persons who are not members of the council, such persons may advise the Council on any matter referred to them by the Council, but shall not be entitled to vote at a meeting of the Council or count towards a quorum.
3.  The Council may appoint one or more committees to carry out on its behalf such functions as the council may determine.
4.  A committee appointed under this paragraph shall consist of such number of persons as may be determined by the Council and a person shall hold office in accordance with the terms of his appointment.
5.  A decision of a Committee of the Council shall be of no effect until it is confirmed by the Council.

Meetings of the Council.
6.  The council shall meet whenever it is considered necessary (but not less than twice a year) by giving notice to all members concerned, at least seven (7) days before the meeting.
7.  The Chairman shall preside at every meeting of the Council and in his absence, the Vice Chairman shall preside.
8.  Five members of the Council, other than the Chairman shall form a quorum at the meeting.
9.  Unless otherwise provided in this Bill, decisions shall be by a simple majority of the votes of the members present, but in the event that equal votes are cast, the person presiding shall cast the deciding vote.

10.  Subject to standing orders, the Council may appoint one or more committees to carry out on its behalf such duties as the Council may determine and make necessary reports.
11.  A committee appointed under paragraph 10 of this schedule shall consist of the number of persons to be determined by the Council and not more than the one-third of those persons may be persons who are not members of the Council; a person other than a member of the Council may hold office on the Committee in accordance with the letter of appointment provided.
12. The quorum of any committee set up by the Council shall be determined by the Council.
13.  The decision of the committee shall be of no effect until confirmed by the Council.
14.  The fixing of the seal of the Institute shall be authenticated by signature of the Chairman and some other members authorised generally or specially by the council to act for that purpose.
15.  A document purporting to be an instrument issued by the Institute  and to be sealed with the seal of the Institute authenticated in the manner provided by the foregoing paragraph, or to be signed by the Chairman, shall receive in evidence and shall be deemed to be the instrument without further proof, unless there is proof otherwise.
16.  Any contract or instrument which, if made or executed by a person not being a body corporate, would not be required to be under seal, if made by or executed on behalf of the Council by any person authorised generally or specially by the Council to act for that purpose.
17.  The validity of a proceeding of the council shall not be affected by:
(a)  a vacancy in the membership of the Council;
(b)  by a defect in the appointment of a member of the Council; or
(c) by reason that a person not entitled to do so took part in the proceedings.
18.  A member of the Council and a person holding office on a committee of the Council, who has a personal interest in a contract or an arrangement entered into or proposed to be considered by the Council or the committee shall forthwith disclose his interest to the council or committee and shall not vote on any question relating to that contract or arrangement.


This Bill seeks to establish the Institute of Environmental Practitioners of Nigeria, to be charged with the responsibility of regulating and managing environmental practices in Nigeria and for other purposes related thereto.

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