A BILL
FOR
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE INSTITUTE
OF ENVIRONMENTAL PRACTITIONERS OF NIGERIA AND FOR RELATED MATTERS, 2017
(HB.1022)
Sponsored by: Hon.
Obinna Chidoka
Provisions of the Bill
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Committee’s Recommendation
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PART I - ESTABLISHMENT OF THE
INSTITUTE OF ENVIRONMENTAL PRACTITIONERS OF NIGERIA
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.
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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.
Schedule.
(3) The provision of the First
Schedule to this Bill shall regulate the proceedings of the Council and
related matters.
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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.
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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.
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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.
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PART II - FINANCIAL
PROVISIONS
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.
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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.
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PART III - THE
REGISTRATION AND THE REGISTER
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.
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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.
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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.
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PART IV -
REGISTRATION
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.
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PART V -
PROFESSIONAL DISCIPLINE
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.
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PART VI -
MISCELLANEOUS PROVISIONS
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.
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Fees.
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.
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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.
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Library.
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.
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Property of the Institute.
17. The Institute may own, register, transfer and receive
properties in its corporate name.
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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.
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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.
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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.
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Interpretation.
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.
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Short title.
22. This Bill may be cited as the Institute of Environmental
Practitioners of Nigeria (Establishment) Bill, 2017.
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SCHEDULE
Clause 3(3)
SUPPLEMENTARY
PROVISIONS RELATING TO THE INSTITUTE PROCEEDINGS OF THE COUNCIL
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.
Committees
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.
Miscellaneous
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.
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EXPLANATORY
MEMORANDUM
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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