A BILL

FOR

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE EROSION CONTROL PREVENTION COMMISSION AND VEST IT WITH THE RESPONSIBILITY FOR THE PREVENTION CONTROL, MANAGEMENT AND REDRESS OF EROSION AND FOR RELATED MATTERS, 2017 (HB.1019)

Sponsored by: Hon. Obinna Chidoka

Provisions of the Bill	Committee’s Recommendation
PART I - ESTABLISHMENT OF THE EROSION CONTROL AND PREVENTION COMMISSION Establishment of the Commission. 1. (1) There is established a body to be known as Gully Erosion Control and Prevention Commission (in this Bill referred to as "the Commission"). (2) The Commission shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name. Head office of the Commission. (3) The Head office of the Commission shall be in Abuja with operational Offices in Imo, Anambra, Abia, Enugu, Ebonyi, Edo, Akwa Ibom, Bayelsa, Delta Cross River, Rivers, Ekiti, Lagos, Ogun, Ondo, Osun, Oyo and Benue.
Establishment and membership of the Governing Council. 2. (1) There is established a Governing Council for the Commission (in this Bill referred to as "the Council") which shall be responsible for the discharge of the functions of the Commission. (2) The Council shall consist of: (a) a chairman; (b) a representative each from the states set out in section 1 (3); (c) A representative of the Federal Ministries in charge of: (i) Environment; (ii) Transportation; (iii) Works; (iv) Agriculture and Rural Development; (v) Finance; (vi) Mines and Steel, and (vii) National Planning. (d) The Executive Secretary of the Commission. (e) Two representatives of recognised professional associations of environmentalists in Nigeria. (3) The Chairman and members of the Council of the Commission shall be: (a) Appointed by the President on the recommendation of the Minister subject to the confirmation by the Senate; (b) Persons of proven integrity, honour and ability; and (c) Part-time members except the Executive Secretary who shall be a full-time member. Schedule. (4) The supplementary provisions set out in the Schedule to this Bill shall have effect with respect to the proceedings of the Council and other matters contained therein.
Tenure of Office. 3. The Chairman and members of the Council other than the Executive Secretary shall each hold office: (a) for a term of 4 years and may be re-appointed for a further term of 4 years and no more; and (b) on such terms and conditions as may be specified in their letters of appointment.
Cessation of Membership. 4. (1) A person shall cease to hold office as a member of the Council on the occurrence of any of the following: (a) he becomes bankrupt, suspends payment or compounds with his creditors; (b) he is convicted of a felony or any offence involving dishonesty or fraud; (c) he becomes of unsound mind or is incapable of carrying out his duties; (d) he is guilty of a serious misconduct in relation to his duties; (e) in the case of a person who possesses any professional qualification and he is disqualified or suspended, other than at his own request from practicing his profession in any part of the world by any order of a competent authority made in respect of that member; or (f) he resigns his appointment by a letter addressed to the President. (2) Where a member of the council ceases to hold office for any reason whatsoever, before the expiration of the term for which he is appointed another person representing the same interest as that member shall be appointed to the Council for the expired term. (3) A member of the Council may be removed by the President on the recommendation of the Minister if he is satisfied that it is not in the interest of the Commission or the public that the member continues in office. (4) Where a vacancy occurs in the membership of the Council, it shall be filled by the appointment of a successor to hold office for the remainder of the term of office of his predecessor.
Allowances of members. 5. Members of the Council shall be paid such allowances and expenses as the Government may direct from time to time.
Powers of the Council. 6. The Council shall have power to: (a) manage and superintend over the affairs of the Commission; (b) make, alter and revoke rules and regulations for the effective running of the Commission; (c) employ and pay the staff of the Commission such remunerations and allowances as payable to persons in similar organization in the country; (d) enter into contracts and do such other things as may be necessary or expedient for the discharge of its functions and ensure the efficient performance of the functions of the Commission; and (e) receive, disburse and account for funds of the Commission.
P ART II - FUNCTIONS AND POWERS OF THE COMMISSION Functions of the Commission. 7. The Commission shall: (a) carry out an extensive survey of the extent of gully erosion in the country; (b) manage, control redress and prevent gully erosion in the country; (c) formulate policies and guidelines for the prevention, control and management of gully erosion in the country; (d) advise on balanced and responsible use of land in the country; (e) conceive, plan and implement in accordance with set rules and regulations projects and programmes for gully erosion prevention, control and management; (f) co-ordinate and promote research activities relating to gully erosion control, management and prevention; (g) adopt an integrated approach addressing the physical, biological and socio-economic aspects of the process of gully erosion; (h) monitor the state of preparedness of all organisations or agencies which may contribute to the control of gully erosion; (i) integrate strategies for poverty eradication into the process with participation of affected local communities; (j) educate and inform the public on gully erosion prevention and control measures. (k) examine and implement innovative ways of promoting alternative livelihoods including training in new skills; (i) collate data from relevant agencies so as to enhance planning and field operation of gully erosion prevention, management and control. (m) cooperate with relevant inter-governmental organisations; (n) facilitate through International cooperation the transfer of technology knowledge and know how on the prevention, control and management of gully erosion; (o) ensure sound and efficient management of the resources available to the Commission from the Federation Account; (p) receive financial and technical aid from international organisations and non- governmental agencies for the purpose of prevention management and control of gully erosion; (q) carry out such other functions as the President may from time to time direct.
Powers of the Commission. 8. (1) The Commission shall have power to do anything which will facilitate the carrying out of its functions and in particular may: (a) sue and be sued in its corporate name; (b) acquire, hold, manage and alienate movable and immovable property; (c) monitor and control gully erosion in the affected areas; (d) enter into contracts for the prevention, control and management of ali gully erosion problems; (e) purchase or acquire any asset, business or property considered necessary for the proper conduct of its functions; (f) sell, let, lease or dispose of any of its property; (g) undertake or sponsor research where necessary for the performance of its functions; and (h) train managerial, technical or other category of staff for the purpose of running the affairs of the Commission; (i) enter into partnerships, combines, relationships, understandings, agreements and joint ventures for the purpose I carrying out any of the functions. (2) The powers conferred on the Commission may be exercised by it or through any of its officers, employees, agents authorized in that behalf by the Commission.
PART III - APPOINMENT OF EXECUTIVE SECRETARY AXD OTHER STAFF OF THE COMMISSION Appointment and duties of the Executive Secretary of the Commission. 9. (1) There shall be an Executive Secretary of the Commission who shall be appointed by the President. (2) The Executive Secretary shall: (a) be the chief executive and accounting officer of the Commission and (b) be responsible to the Council for the execution of the policies and the administration of the daily affairs of the Commission.
Tenure of and office Term of remuneration of the Executive Secretary. 10. (1) The Executive Secretary shall be appointed for a term of 5 years in the first instance and may be r appointed for a further term of 5 years and no more, subject to satisfactory performance. (2) The Executive Secretary shall: (a) be paid such remuneration as may be prescribed in his letter of appointment; and (b) ensure compliance with the provision of section 21 of this Act relating to power to borrow.
Executive Secretary. 11. The Executive Secretary shall hold office on such terms and conditions as are specified in his letter of appointment, and may resign his appointment by writing under his hand delivered to the Minister.
Appointment and duties of Administrative Secretary. 12. The Council shall appoint for the Commission an Administrative Secretary who shall: (a) be a legal practitioner and is so qualified for a period of not less than 10 years; (b) keep the records of transactions and correspondence of the Commission; and (c) perform such other functions as the Councilor Executive Secretary may direct.
Staff of the Commission and their functions and remuneration. 13. The Council shall appoint for the Commission such number of employees as may in the opinion of the Council be expedient and necessary for the proper and efficient performance of the Commission and pay them remuneration and allowances as it determines.
Appointment and secondment from Public service. 14. (1) Notwithstanding the provisions of sections 12 and 13 of this Act, the Council shall have power to appoint for the Commission either directly or on secondment from any public service in the Federation, of employees may, in the opinion of the Council be required to assist the Commission in the discharge of any of its function under this Act. (2) The person seconded under this section may elect to be transferred to the service of the Commission, and al previous service he may render in the public service shall count as service to the Commission for the purpose of al pension subsequently payable by the Commission.
Engagement of Consultants and Advisers. 15. Without prejudice to the provisions of sections 13 and 14 of this Act, the Council may engage such consultant and advisers as it may require for the effective discharge of the functions of the Commission.
The structure of the Commission. 16. (1) There shall be established in the Head Office of the Commission, the following Departments: (a) Administration and Finance; (b) Education and Public Awareness; (c) Works and Services; (d) Planning, Research and Statistics; (e) Monitoring and Evaluation; and (f) Legal Services. (2) The Council shall set up its own monitoring panel to monitor the projects being executed by the Commission. (3) The Council, may with the approval of the President, increase the number of Departments as it may deem necessary and expedient to facilitate the realization of the objectives of the Commission.
PART IV - FINANCIAL PROVISIONS AND AUDIT Pensions and Gratuity. 17. The staff of the Commission shall be entitled to pensions, gratuities and other retirement benefits as are enjoyed by persons holding equivalent grade in the Civil Service of the Federation.
Provision of Superannuation. 18. The Commission shall pay gratuities or provide and maintain superannuation scheme (whether contributory or not) for the employees.
Funds of the Commission. 19. (1) The Commission shall establish and maintain a fund into which all moneys accruable to the Commission shall be paid and from which all the activities of the Commission shall be funded. (2) There shall be paid and credited to the fund: (a) all moneys in the accounts of the Ecological Fund relating to the states affected by erosion; (b) Federal Government contribution to the Fund of the Commission equivalent of 100 percent of the total money due to member state of the Commission from the Ecology Fund; (c) donations, gifts, grants and testamentary disposition from individuals or corporate organisations at home or abroad;            . (d) all other assets that may, from time to time, accrue to the Commission. (3) The funds of the Commission shall be disbursed according to the approved formula. (4) The Commission shall apply the proceeds ofthe Fund established pursuant to section 19 (1) of this Act to: (a) the cost of administration of the Commission; (b) the payment of salaries, fees, remuneration, allowances, pensions and gratuities payable to the members of the Governing Council and the employees of the Commission; (c) the payment of all contracts, including mobilisation, fluctuations Variations, legal fees and cost on contract Administration; (d) the payment for all purchases; and (e) undertaking such other activities as are connected with all or any of the functions of the Commission under this Act. (5) The Council shall cause the accounts of the Commission to be audited quarterly and shall be externally audited once every year.
Power to accept gifts. 20. (1) The Commission may accept gifts of land, money or other property on such terms and conditions, if any, as may be specified by the person or organisation making the gift. (2) The Commission shall not accept any gift if the conditions attached are inconsistent with the functions of the Commission under this Act.
Power to borrow. 21. (1) The Commission may, from time to time, borrow money as it may require to execute or complete some special projects of the Commission. (2) The Commission shall not, without the approval of the President, borrow money which exceeds Nl,000,000.00 at anyone time.
Annual estimates and expenditure. 22. (1) The Council shall not later than 30th September, of each year, submit to the National Assembly through the Minister an estimate of the expenditure of the Commission during the next succeeding year. (2) The Council shall approve all expenditure of the Commission.
Proper account to be kept by Commission. 23. The Commission shall: (a) cause to be kept proper accounts and records of the transactions and affairs of the Commission and ensure that all payments out of its moneys are correctly made and properly authorized; (b) ensure that adequate control is maintained over the assets belonging to or in the custody of the Commission and over its incurring of liabilities; (c) prepare in respect of each financial year a statement of accounts in such forms as the Auditor-General may direct.
Audit. 24. (1) The Auditor-General of the Federation shall: (a) inspect and audit the accounts and records of financial transaction of the Commission; (b) inspect records relating to assets of the Commission; and (c) draw the attention of the Minister to any irregularity revealed and disclosed by the inspection and audit. (2) The Auditor-General may dispense with all or any part of detailed inspection and audit of any account or record referred to in subsection. (3) The Auditor-General or any officer authorized by him is entitled at all reasonable time to a full and free access to all accounts, records, documents and papers of the Commission relating directly or indirectly to the receipt or payment of money by the Commission or to the acquisition, receipt, custody or disposal of assets by the Commission.
Annual Report. 25. The Commission shall submit to the President through the Minister not later than 30th June, of each financial year, a report of its activities during the preceding financial year and it shall include a copy of the audited accounts of the Commission for that year and a copy of Auditors Report on it.
Power to acquire land. Cap. 202 LFN. 26. (1) For the purposes of providing offices and premises necessary for the performance of its functions under this Act, the Commission may, subject to the Land Use Act: (a) purchase or take on lease any interest in land, or other property; and (b) construct offices and premises and equip and maintain same. (2) The Commission may, subject to the Land Use Act, sell or lease out any office or premises held by it, which office or premises is no longer required for the performance of its functions under this act.
PART V - MISCELLANEOUS PROVISIONS Limitation of Suits against the Commission. Cap. 379 LFN. 27. (1) The provisions of the Public Officers Protection Act shall apply in relation to any suit instituted against the Commission or any of the officers or employees of the Commission. (2) No suit shall be commenced against a member of the Council, the Executive Secretary, officer or employee of the Commission before the expiration of a period of one month after written notice of intention to commence the suit shall have been served upon the Commission by the intending plaintiff or his agent. (3) The notice referred to in subsection (2) shall state the cause of action the particulars of the claims, the name and place of abode of the intending plaintiff and the relief which he claims.
Service of Documents. 28. A notice, summons or other document required or authorized to be served upon the Commission under the provisions of this Act or any other Law or enactment may be served by delivering it to the Executive Secretary or by sending it by registered post and addressed to the Executive Secretary at the principal office of the Commission.
Restriction on Execution against Property of the Commission. 29. (1) No execution or attachment of process shall be issued against the Commission or its properties in any action or suit without the consent of the Attorney-General of the Federation. (2) Notwithstanding the provisions of subsection (1) of this section, in any action or suit against the Commission, no execution or attachment of process in the nature thereof shall be issued against the Commission unless not less than three months’ notice in writing of the intention to execute or attach has been given to the Commission. (3) Any sum of money which by the judgment of any Court is awarded against the Commission shall, subject to any direction given by the Court where notice of appeal of the said judgement has been given, be paid from the general reserve fund of the Commission.
Indemnity of Officers. 30. A member of the Council, the Executive Secretary, any officer or employee of the Commission shall be indemnified out of the assets of the Commission against any proceedings, whether civil or criminal, in which judgement is given in his favour, or in which he is acquitted, if any such proceeding is bought against him in his capacity as a member of the Council, the Executive Secretary, officer or employee of the Commission.
Engagement of Professionals other than staff. 31. The Executive Secretary may with the approval of the Council engage persons with knowledge or experience in gully erosion control and prevention or in matters relevant to the functions of the Commission to assist otherwise than on the basis of full - time employment.
Power of the Minister to give direction. 32. The Minister may give to the Commission directives of a general or special nature with respect to any of its functions. Regulations. 33. The Council may, with the approval of the Minister, make Regulations for the purpose of carrying out or giving full effect to the provisions of this Bill.
Interpretation. 34. In this Bill unless the context otherwise requires: "Chairman" means the Chairman of the Governing Council of the Commission; "Commission" means Erosion Control and Prevention Commission; "Council" means a Governing Council of the Commission; "Gully Erosion" means land degradation and destruction resulting from various factors including natural causes (activities of rivers, rain, weathering) and human activities creating thereby gullies, ravines, craters, landslides and mudslide; "Member" means a member of the Council and includes the Chairman; "Minister" means the Minister in charge of matters relating to the Environment; "Power" includes functions and duty; and "President" means the President of the Federal Republic of Nigeria.
Citation. 35. This Bill may be cited as the Erosion Control and Prevention Commission Bill, 2017.
SCHEDULE SUPPLEMENTARY PROVISIONS RELATING TO THE COUNCIL, ETC. Cap. 192 LFN. 1. (1) Subject to this Act and section 27 of the Interpretation Act, the Council may make standing orders regulating its proceedings or those of any of its Committees. (2) The quorum of the Council shall be the Chairman or the person presiding at the meeting and five other members of the Council, one of whom shall be ex-officio member and the quorum of any Committee of the Council shall be as determined by the Council. 2. (1) The Council shall meet whenever it is summoned by the Chairman and if the Chairman is required to do so by notice given to him by not less than eight other members, he shall summon a meeting of the Council to be held within fourteen days from the date on which the notice is given. (2) Where the Council desires to obtain the advice of any person on a particular matter, the Council may co-opt him to the Council for such a period as it deems fit, but a person who is in attendance by virtue of this sub-paragraph shall not be entitled to vote at any meeting of the Council and shall not count towards a quorum. Committees 3. (1) The Council may appoint one or more Committees to carry out, on behalf of the Council such functions as the Council may determine. (2) 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 the Committee in accordance with the terms of his appointment. Miscellaneous 4. (1) The fixing of the seal of the Commission shall be authenticated by the signatures of the Chairman or any other member of the Council generally or specifically authorized by the Council to act for that purpose and the Executive Secretary. (2) 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 may be made or executed on behalf of the Commission by the Executive Secretary or any person generally or specifically authorized by the Council to act for that purpose. (3) A document purporting to be a document duly executed under the seal of the Commission shall be received in evidence and shall unless and until contrary is proved, be presumed to be so executed. 5. The validity of any proceedings of the Councilor of a Committee shall not be adversely affected by: (a) a vacancy in the membership of the Councilor Committee; or (b) a defect in the appointment of a member of the Councilor Committee; (c) reason that a person not entitled to do so took part in the proceedings of the Councilor Committee.
EXPLANATORY MEMORANDUM This Bill seeks to provide for the establishment of the Erosion Control and Prevention Commission as a statutory body and to vest it with the responsibility to prevent, manage, control and redress erosion in the affected States.

A BILL

FOR

AN ACT TO AMEND THE NATIONAL OIL SPILL DETECTION AND RESPONSE AGENCY (ESTABLISHMENT, ETC) ACT, 2006 AND FOR RELATED MATTERS 2017 (HB. 964)

Sponsored by Hon. Chidoka Obinna

Provisions of the Principal Act	Provisions of the Bill	Committee’s Recommendation
	Amendment of 2006 No. 15. 1. The National Oil Spill Detection and Response Agency (Establishment, Etc.) Act 2006 (in this Act referred to as “the Principal Act”) is hereby amended as set out in this Act.
A Bill For An Act to provide for the establishment of the National Oil Spill Detection and Response Agency, and for related matters.	Redesignation of National Oil Spill Detection and Response Agency. 2. (1) The long title of the National Oil Spill Detection and Response Agency (Establishment, etc) Act 2006 is hereby re-designated as the “National Oil Pollution Management Agency (Establishment, Etc) Act 2006”. (2)  Accordingly, any reference in the Act to "National Oil Spill Detection and Response Agency" shall be construed as the “National Oil Pollution Management Agency”. (3) The re-designation of the enactment specified in sub-section (1) of this section shall not affect anything done or purported to be done under the designated enactment.
Establishment of the National Oil Spill Detection and Response Agency. 1. (1) There is established an Agency to be known as the National Oil Spill Detection and Response Agency (in this Act referred to as the "Agency") with responsibility for preparedness, detection and response to all oil spillages in Nigeria as set out in section 5 of this Act.	Amendment of section 1. 3. Section 1 of the Principal Act is amended in subsection (l) by subsisting for the existing subsection (1) a new subsection as follows: “(1) There is established an Agency to be known as the National Oil Spill Detection and Response Agency (in this Act referred to as “the Agency”) with responsibility for preparedness, detection and response to all oil spillages, oily wastes and gas flare in Nigeria as set am in section 5 of this Act”.
Establishment of the Governing Board of the Agency. 2. (2) The Governing Board shall consist of-             (b) one representative each of the following Federal Ministries not below the rank of Director- (i) Environment; (ii) Defence; (iii) Petroleum Resources; (iv) Transport; (v) Aviation (Department of Meteorology); (vi) Communications; (vii) National Emergency Management Agency (NEMA); (viii) Works; (ix) Information and National Orientation; (x) Housing and Urban Development; (xi) the Nigerian Police; (xii) Oil Products Trade Section of Lagos Chamber of Commerce (OPTS); (xiii) Agriculture and Rural Development; (xiv) Water Resources; and (xv) Institute of Oceanography and Marine Research.	Amendment of section 2. 4. Section 2 of the Principal Act is amended in subsection (2) (b) by substituting for the existing paragraph (b) a new paragraph as follows: “(b) one representative each of the following Federal Ministries not below the rank of Director: (i) Environment; (ii) Petroleum Resources (iii) Defence; (iv) Transportation; (v) National Emergency Management Agency; and (vi) Oil Producers' Trade Section of Lagos Chambers of Commerce (OPTS).”
Objectives of the Agency 5. The objectives of the Agency shall be to co-ordinate and implement the National Oil Spill Contingency Plan for Nigeria (in this Act referred to as "the Plan") as follows-             (a)        safe, timely, effective and appropriate response to major or disastrous oil pollution;	Amendment of section 5. 5. Section 5 of the Principal Act is amended by: (a) substituting for the existing preamble, a new preamble as follows: “Objectives of the Agency. 5. The objectives of the Agency shall be to monitor and regulate Tiers 1 and 2 oil spills as well as coordinate, implement and review the National Oil Spill Contingency Plan for Nigeria (in this Act referred to as "the Plan") as follows:” (b) substituting for the existing paragraph (a), a new paragraph as follows: “(a) establish a viable national operational organization that ensures a safe, timely, effective and appropriate response to all oil and gas pollution as well as other hazardous and noxious substances in the petroleum sector.”
Functions of the Agency 6. (1) The Agency shall- (a) be responsible for surveillance and ensure compliance with all existing environmental legislation and the detection of oil spills in the petroleum sector; (b) receive reports of oil spillages and co-ordinate oil spill response activities throughout Nigeria; (c) co-ordinate the implementation of the Plan as may be formulated, from time to time, by the Federal Government; (d) co-ordinate the implementation of the Plan for the removal of hazardous substances as may be issued by the Federal Government; (e)  perform such other functions as may be required to achieve the aims and objectives of the Agency under this Act or any plan as may be formulated by the Federal Government pursuant to this Act. Penalties. (2) An oil spiller is by this Act to report an oil spill to the Agency in writing not later than twenty-four hours after the occurrence of an oil spill, in default of which the failure to report shall attract a penalty in the sum ofN500,000.00 for each day of failure to report the occurrence.  (3) The failure to clean up the impacted site, to all practical extent including remediation, shall attract a further fine of one million naira. (4) Such notice in writing is deemed to have been made, if delivered at the nearest zonal office closer to the impacted site, and of the Agency, the National Control and Response Centre within the stipulated time in subsection (2).	Amendment of section 6. 6. Section 6 of the Principal Act is amended by substituting for the existing one a new section as follows: Functions of the Agency. 6. (1) The Agency shall: (a) be responsible for surveillance and enforce compliance with all existing environmental legislation in the petroleum sector including those relating to prevention, detection and general management of oil spills, oily wastes and gas flare; (b) enforce compliance with the provisions of international agreements, protocols, conventions and treaties relating to oil and gas and oil spill response management and such other related agreements as may-from time to time come into force; (c) receive reports of oil spillages, leakages from gas pipelines, storage facilities and co-ordinate oil spill and gas leakages response activities throughout Nigeria; (d) ensure the remediation of oil impacted sites irrespective of the cause of the spillage; (e) co-ordinate the implementation of the Plan as may be formulated, from time to time, by the Federal Government; (f) co-ordinate the implementation of the Plan for the removal of hazardous and noxious substances as may be issued by the Federal Government; (g) ensure that all oil industry operators in Nigeria subscribe to and be bonafide members of Clean Nigeria Associates (CNA) or any other similar association by whatever name called; and. (h) perform such other functions as may be required to achieve the aims and objectives of the Agency under this Act or any plan as may be formulated by the Federal Government pursuant to this Act. Penalties (2) (a) An oil spiller is by this Act to report an oil spill to the Agency in writing, by fax or electronic mail not later than 24 hours after the occurrence of an oil spill in default of which the failure to report shall attract penalty in the sum of N2,000,000 for each day of failure to report the occurrence; (b) A gas pipeline or storage facility owner is by this Act to report a gas leakage to the Agency in writing, by fax or electronic mail not later than 24 hours after the occurrence of the gas leakage in default of which the failure to report shall attract penalty in the sum or N2,000,000 for each day of failure to report the occurrence. (3) The failure to clean up the impacted site, to all practical extent including the submission of action plan for remediation within two weeks of the occurrence of the spill in accordance with the polluter pays principle shall constitute an offence and on conviction the oil spiller shall be liable to a fine not less than N5,000,000 or to imprisonment for a term not exceeding 2 years or to both such fine and imprisonment. (4) The notice required under subsection (2) of this section shall be deemed to have been made, if delivered at the nearest zonal or field office of the Agency closer to the impacted site or the National Control and Response Centre within the time stipulated in subsection (2) of this section.”
	Insertion of new section. 7. (1) There shall be inserted immediately after section 7 of the Principal Act, the following new sections: Abandonment/Decommissioning of drill sites and oil facilities. 8. (1) The Agency shall monitor the process of decommissioning or abandonment of drill sites and oil facilities as well as oil and gas industry operational areas in accordance with the procedure and guidelines issued by the Agency. (2) The decommissioned/abandoned drill sites shall be cleaned-up, remediated and restored to its natural or near natural states by the oil facility owner. (3) The Agency shall be notified in writing to commence the decommissioning and abandonment of any oil facilities or installations within its area of operation. (4) Failure to request or notify the Agency on the commencement of such activities will attract penalties prescribed in the Agency's regulation, guidelines or standards. Pipelines and other oil facilities integrity monitoring and testing. 9.  (1) The Agency shall assess the integrity of oil facilities which include but not limited to pipelines, well heads, manifolds, storage facilities, barges and vessels to ensure that oil facility owners conform to design specifications as well as the provision in the Agency's regulations, guidelines and standards for the oil and gas sector. (2) The Agency shall provide a programme for the assessment and monitoring of the oil and gas facilities to enhance its performance for distribution, storage and transportation of the upstream, midstream and downstream products”. (3) The existing sections 8 and 9 of the Principal Act shall be renumbered as section 10 and 11 respectively.
Fund of the Agency 11. The Agency shall establish and maintain a fund into which shall be paid and credited- (a) the take-off grant from the Federal Government; (b) annual subvention from the Federal Government consolidated revenue; (c) such counterpart funding as may be provided, from time to time by a State or Local Government; (d) loans and grants-in-aid from national, bilateral and multilateral agencies; (e) rents, fees and other internally generated revenues from services provided by the Agency; and (f) all other sums accruing to the Agency from time to time.	Amendment of section 11 8. Section 11 of the Principal Act is amended by: (a) inserting immediately after paragraph (b), a new paragraphs (c), (d) and (e) as follows: “(c) 2.5 per cent of the ecological fund annually for the management of oil spill disasters and remediation of oil impacted sites arising from third party interference; (d) 0.5 per cent operations funds of oil companies for the enforcement of environmental legislation in the petroleum sector;” (e) 10 cents from the sale of each barrel of oil to be set aside for environmental management;" (b) renumbering the existing paragraphs (c), (d), (e) (f) and (g) as paragraphs (f), (g), (h) and (i) respectively.
Federal Government intervention, etc. 19. (I) The Agency shall-             (a) in the event of a major or disastrous oil spill, in collaboration with other Agencies co-opt, undertake and supervise, all those provisions as set out in the Second Schedule to this Act; (b) assess the extent of damage to the ecology by matching conditions following the spill against what existed before (reference baseline data and ESI maps); (3) The Agency shall -               (d) assist in the assessment of damage caused by an oil spillage.	Amendment of section 19. 9. Section 19 of the Principal Act is amended by: (a) inserting the following new paragraph (b) immediately after subsection (1)(a), that is: “(b) inspect oil and gas facilities with a view to ensuring full compliance with existing environmental legislation on oil and gas pollution”; (b) renumbering the existing subsections (l) (b), (c), (d), (e), (f), (g), (h), (i) and (j) as subsections (1) (c), (d), (e), (f), (g), (h), (i), (j) and (k) respectively; (c) by deleting the existing subsection (3)(d).
Regulations. 26. The Agency may, with the approval of the Governing Board make such regulations as in its opinion are necessary or expedient for giving full effect to the provisions of this Act and for the due administration of its provisions.	Amendment of section 26. 10. Section 26 of the Principal Act is amended by: (a) renumbering the existing section as subsection (1); (b) adding the following new subsections (2): (3) and (4) immediately after subsection (1) to read: “(2) The Agency may in pursuance of the provision of subsection (l) of this section make regulations setting specifications and standard relating to the: (a) use of dispersant; (b) engagement or invitation of any oil spill responder by oil companies; (c)  establishment of a benchmark for oil spill contingency planning; (d) development of framework to guide operators in Oil Spill Contingency Planning; and (e) most appropriate means of preventing and combating various oil spills and its attendant oil and gas pollution. (3) Any person who contravenes the regulations made pursuant to subsection (2) of this section commits an offence and shall on conviction, be liable to a fine not less than N500,000 or to imprisonment for a term not less than two years or to both such fine and imprisonment and additional fine ofN50,000 for every day the offence subsists. (4) Where an offence under subsection (2) of the section is committed by a body corporate, it shall on conviction be liable to a fine not less than N2,000,000 and additional fine of N500,000 for every day the offence subsists.".
	Insertion of new sections 27, 28, 29, 30 and 31 11. (1) There shall be inserted immediately after section 26 of the Principal Act, the following new sections: “Power to enter premises. 27. (1) An officer of the Agency may, in the course of his duty, at any reasonable time and on production of his certificate of designation if so required: (a) enter and search with a warrant issued by a court, any premises including land, vehicle, tent, vessel, floating craft including Maritime Tankers, Barges of Floating Production, Storage, Offload (FPSO) and oil and gas facilities or any inland waters and other structure, at all times, for the purposes of conducting inspection, searching and taking samples for analysis which he reasonably believes. carries out activities or stores goods which contravene environmental standards or legislation relating to oil and oily wastes management; (b)  examine any article found pursuant to paragraph (a) of this subsection, which appears to him to be an article to "which this Act or the regulations made under apply or anything which he reasonably believes is capable of being used to the detriment of the environment in the petroleum sector; (c) take a sample or specimen of any article to which this Act or the regulations apply or which he has power to examine under paragraph (b) of this subsection; (d) open and examine, pursuant to paragraph (a) of this subsection, any container or package which he reasonably believes may contain anything to which this Act or its regulations apply or which may help in his investigations; (e) examine any book, document or other record found pursuant to paragraph (a) of this subsection, which he reasonably believes may contain any information relevant to the enforcement of this Act or the regulations and make copies thereof or extracts there from; (f) seize and detain for such time as may be necessary for the purpose of this Act, any articles by means of or in relation to which he reasonably believes any provision of this Act or the regulations has been contravened; and (g) obtain an order of a court to suspend activities, seal and close down premises including land, vehicle, tent well head, vessel, floating craft and oil gas facilities or any inland waters and other structure whatsoever. (2) A written receipt shall be given for any article or thing seized under subsection (l) of this section and the reasons for such seizure shall be stated on such receipt. (3) An article seized under this Act shall be kept or stored in such a place as the officer of the Agency may direct and shall be returned to the owner or the person from where it was seized if the article upon analysis or examination is found to conform with tile requirements of this Act or regulations made under it. (4) An article seized by an officer of the Agency in pursuance of this Act or the regulations made under it, may be submitted to an analyst for analysis or examination and the analyst upon making such analysis or examination shall, issue a certificate or report in the prescribed form, setting forth the result of such analysis or examination and the officer of the Agency shall, on demand, deliver a copy of such certificate or report to the owner of the article if the article is to be subject of a proceeding under this Act or regulations thereunder. (5) In this section, the expression "article" to which this Act or regulations made under it apply are: (a) liquid, soil, vegetation; (b) biological and chemical samples; and (c) such other articles or samples as may be determined by the Agency. Offences and penalties. 28. (1) A person who obstructs an officer of the Agency in the performance of his duties under sections 5, 6 and 7 of this Act commits an offence and is liable on conviction to a fine not less than N300,000 for an individual or to imprisonment for a term not less than 2 years or to both fine and imprisonment, and an additional fine of N50,000 for each day the offence subsists and in the case of a body corporate, it shall be liable on conviction for a fine of N5,000,000 and an additional fine of N500,000 for each day the offence subsists. (2) Any person who contravenes the provision of any regulations made under this Act is guilty of an offence and is liable on conviction to the penalties specified in the regulations. Conduct of proceedings. 29. (1) A suit shall not be commenced against the Agency before the expiration of a period of one month, after written notice of intention to commence the suit shall have been served on the Agency by the intending plaintiff or his agent. (2) Subject to the provisions of section 174 of the Constitution of the Federal Republic of Nigeria 1999, (which relates to the power of the Attorney-General of the Federation to institute, continue or discontinue criminal proceedings against any person in a court of law), any officer of the Agency may, with the consent of the Attorney -General of the Federation, conduct criminal proceedings in respect of offences under this Act or regulations made under this Act. (3) In a judicial proceeding for an offence under this Act or any regulation made under it, the provisions of the Criminal Procedure Act or depending on the venue, the Criminal Procedure Code shall, with such modification as the circumstance may require, apply in respect of such matter to the same extent as they apply to the trial of offences generally. Existing laws. 30. (1) Any written law in force immediately before the coming into force of this Act relating to oil, oily wastes pollution management and gas leakages in the petroleum sector shall have effect subject to modifications as may be necessary to bring into conformity with the provisions of this Act and where the provision of any such law is inconsistent with any provision of this Act, the provision of this Act shall prevail, and that other law shall be void to the extent of its inconsistency. (2) Any written law in force immediately before the coming into force of this Act conferring oil: oily wastes pollution management and gas leakages functions on any other establishment or agency in the petroleum sector is hereby repealed to the extent of its duplication. Requisition, etc. 31. (1) In the exercise of its functions under this Act, the Agency may demand by requisition from any person or organization, any available equipment, facilities or personnel which may assist in a speedy and effective cleaning and rescue operation during an oil spill disaster. (2) Any person or organization that: (a) willfully obstructs or impedes the Agency or any person acting under the authority of the Agency in the exercise of any powers or duties under this Act; or (b) without reasonable excuse fails to: (i) render assistance or release any available equipment, facility or personnel required for cleaning and rescue operation or other oil spill disaster curtailment activities; or (ii) comply with a directive of the Agency, is guilty of an offence and liable on conviction to a fine not less than N500,000 or imprisonment for a term of 2 years or to both such fine and imprisonment. (3) The Agency shall ensure that the Polluter provides reasonable compensation for loss or damage arising from the use of any equipment, facility or personnel required under this section of this Act.” (4) The existing sections 27 and 28 of the principal Act shall be renumbered as sections 34 and 35 respectively.
Interpretation. 27. In this Act- "Agency" means the National Oil Spill Detection Response Agency established under section 1 of this Act; "Centre" means the National Control and Response Centre established under section 19 of this Act; "Chairman" means the Chairman of the Governing Board of the Agency; "Governing Board" means the National Oil Spill Detection Response Governing Board of the Agency established under section 2 of this Act; "member" means a member of the Governing Board of the Agency and includes the Chairman; "Minister" means the Minister charged with responsibilities for matters relating to Environment; and "Ministry" shall be construed accordingly.	Amendment of section 27. 12. There shall be substituted for the existing section 27 of the Principal Act, the following new section, that is: “Interpretation. 32. In this Act, unless the context otherwise requires: "Agency" means the National Oil Spill Detection and Response Agency established under section 1 of this Act; "Centre" means the National Control and Response Centre established under section 18 of this Act; "Chairman" means the Chairman of the Governing Board of the Agency; "Constitution" Constitution of the Federal means Republic of Nigeria; "Court" means Federal or State High Court; "gas" or "natural gas" means wet gas, dry gas, lean gas, all other gaseous hydrocarbons, and all substances contained therein, which are produced along with crude oil or gas; excluding those condensed or extracted liquid hydrocarbons that are liquid at normal temperatures and pressure conditions such as stabilized or field condensate, including the residue gas remaining after the condensation or extraction of the liquid hydrocarbon from gas; "Governing Board" means the National Oil Spill Detection and Response Governing Board of the Agency established under section 2 of this Act; "member" means a member of the Governing Board of the Agency and includes the Chairman; "Minister" means the Minister charged with responsibilities for matters relating to environment; "Ministry" shall be construed accordingly; "officer" means any employee of the Agency; "oil" means mineral oil (or any related hydrocarbon) or natural gas as it exists in its natural state in strata, and does not include coal or bituminous shade or' other stratified deposits from which oil can be extracted by destructive distillation but including premium motor spirit, automotive gas oil, low/high pour, fuel oil, aviation fuel, kerosene, liquefied petroleum gases and any lubrication oil or grease or other lubricant oil in its natural state before it has been refined or treated; "oil spill responder" includes Clean Nigeria Associates (Oil Companies Cooperative), Oil Spill Response Limited (OSRL) or any other oil spill response contractors; and "release" means any spilling, leaking, pump Leaking, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, discarding or disposing into the environment;" "remediation" means the process of remedying or restoring an area or situation to its natural (or as close to natural as possible) state"; "Tier" means operational type spills, less than or equal to 7 tones (50 bbls), that may occur at or near a company's own facilities, as a consequence of its own activities." and "Tier 2" means a larger spill, greater that 7 tones (50 bbls) but less than 700 tones (5000 bbls), in the vicinity of a company's facilities where resources from another company, industry and possible government response agencies in the area can be called in on a mutual aid basis; "Tier3" means a larger spill, greater than 700 tones (500bbb) where substantial further resources will be required and support from a Nation (Tier 3) or international cooperative stockpile, like the Oil spill Response Ltd (OSRL, may be necessary. It is likely that such operation would be subject to Government controls or even direction.
	Short title. 13. This Act may be cited as the National Oil Spill Detection and Response Agency (Establishment, Etc.) Act (Amendment) Bill, 2017.
FIRST SCHEDULE [Section 2 (5)] Supplementary Provisions Relating to the Governing Board, etc. Proceedings  of the Governing Board 3. The quorum at a meeting of the Governing Board shall consist of the Chairman or, in an appropriate case, the person presiding at the meeting pursuant to paragraph 2 of this Schedule and six other members.	Amendment of the First Schedule 14. The First Schedule to the Principal Act is amended by substituting for the word "six" the word "three" in the third line of paragraph 3 therein.
	EXPLANATORY MEMORANDUM (This note does not form part of the above Act but is intended to explain its purport) This Act amends the National Oil Spill Detection and Response Agency Establishment, Etc.) Act 2006 to provide, among other things, statutory power for the Agency to charge adequate fines, introduce criminal offences and penalties in order to ensure strict compliance with all existing environmental legislation in the petroleum sector.