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.

A BILL

FOR

AN ACT TO ESTABLISH DESERTIFICATION, EROSION, FLOOD AND ECOLOGICAL CONTROL AGENCY AND FOR OTHER RELATED MATTERS, 2017 (HB. 101)

Sponsored by Hon. Hassan A. Ornale

Provisions of the Bill	Committee’s Recommendation
PART 1 - ESTABLISHMENT OF THE ENVIRONMENTAL DISASTERS CONTROL AGENCY Establishment of the agency. 1.  (l) There is established a body to be known as Environmental Disasters Control Agency. (2) The Head Office of the Agency shall be in Abuja with an office in each State of the Federation.
Establishment of a Governing Council. 2.  (1) There shall be a Governing Council for the Agency (in this Bill referred to as "the Establishment Council") which shall control the affairs of the Agency of a Governing Council. (2) The Council shall consist of: (a) Chairman; (b) 2 representatives from each of the six zones and the Federal Capital Territory and a representative from the following Ministries- (i) Federal Ministry of Environment; (ii) Federal Ministry of Agriculture and Water Resources; (iii) Federal Ministry of Works; (iv) Federal Ministry of Finance; (c) National Emergency Management Agency (NEMA); (d) Director-General of the Agency. (3) Appointment of the Council members- (a) the Chairman and the members of the Council shall be appointed by the President on the recommendation of the Minister of Environment; (b) shall be persons of proven integrity, honour and ability; and (c) shall be part-time members except the Director-General who shall be on full-time basis.
Schedule. 3. 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. 4. The Chairman and the members of the Council shall each hold office: (a) for a term of 4 years and may be reappointed 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. 5.  (1) A person shall cease to hold office as a member of the Council if- (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 is disqualified or suspended, other than at his own requests, from practising 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 unexpired 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 Agency or the public that the member continues in office.
Allowance of members. 6. Members of the Council shall be paid such allowances and expenses as the Government may direct from time to time.
Power of the Council. 7. The Council shall have power to- (a) manage and superintend over the affairs of the Agency; (b) make rules and regulations for the effective running of the Agency; (c) employ and pay the staff of the Agency such remuneration and allowances payable  to person in similar organisations in the country; (d) enter into such contracts as may be necessary or expedient for the discharge of its  functions and to ensure the efficient performance of the functions of the Agency; and (e) receive, disburse and account for Funds of the Agency.
PART II - FUNCTIONS AND POWERS OF THE AGENCY Functions of the agency. 8. (1) The functions of the Agency are to: (a) carry out an extensive survey of the extent of environmental disasters in the  country such as desertification, deforestation, drought, floods, erosions, ocean surge, etc; (b) formulate policies and guidelines for the control and management of environmental disasters in the country; (c) conceive, plan, and implement in accordance with set rules, projects and programmes for environmental disasters control and management; (d) provide emergency relief and settlement of people in areas afflicted by environmental disasters by the Federal Government; (e) identify factors inhibiting the control and management of environmental disaster in the country; (f) ensure sound and efficient management of the resources available to the Agency from the Federation Account; (g) to provide solutions to the problems of desertification, floods, deforestation erosion, droughts and all the ecological challenges; (h) provide accurate data on environmental menace in the country; and (i) carry out such functions as the President may from time to time direct. (2) Pursuant to section 7(1) (a), the functions of the River Basins Development Authorities Act, relating to control of floods and erosion are hereby transferred to this Agency.
Powers of the agency. 9. (1) The Agency has power to do anything which will facilitate the carrying out of it functions and in particular may: (a) sue or be sued in its corporate name; (b) acquire, hold, and manage movable and immovable property; (c) monitor and control desertification, drought, erosion, floods, deforestation, ocean surge, coastal erosion, and related environmental disasters in the affected areas; (d) enter into contracts for the control and management of all desertification, drought, erosion, floods and other environmental problems; (e) purchase, or acquire any asset, businesses 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 Agency. (2) The powers conferred on the Agency may be exercise by it or through any of its employees or agents authorised in that behalf by the Agency. (3) The Agency shall not be subject to the direction, control or supervision by any other authority or person in the performance of its functions under this Bill except the President on the advice of the Minister.
PART III - APPOINTMENT OF DIRECTOR-GENERAL Appointment and duties of the Director-General. 10. (1) There shall be a Director-General who shall be appointed by the President on the recommendation of the Minister of Environment. (2) The Director-General shall: (a) be the Chief Executive and accounting officer of the Agency; and (b) be responsible to the Council for execution of the policies and the administration of the daily affairs of the Agency.
Tenure of office and remuneration of the Director-General. 11. (1) The Director-General shall be appointed for a term of 5 years in the first instance and may be reappointed for a further term of 5 years and no more, subject to satisfactory performance. (2) The Director-General shall be paid such remuneration as may be prescribed in his letter of appointment.
Resignation of Director-General. 12. The Director-General may resign his appointment by a letter delivered to the President through the Minister.
Staff of the agency. 13. The Council shall appoint for the Agency such number of employees as may in the opinion of the Council be expedient and necessary for the proper and efficient performance of the functions of the Agency and pay them remunerations and allowances as obtained in the public service.
Appointment and duties of Secretary. 14. The Council shall appoint for the Agency a Secretary who shall- (a) be a qualified graduate with not less than 10 years post NYSC experience; (b) keep the records and conduct the correspondence of the Agency; and (c) perform such other functions as the Councilor the Director-General may direct.
Appointment and secondment from public service. 15. (1) Notwithstanding the provisions of sections 12 and 13, the Council shall have power to appoint for the Agency either directly or on secondment from any public service in the Federation, such number of employees as may, in the opinion of the Council be required to assist the Agency in the discharge of any of its functions under this Bill. (2) The person seconded under this section may elect to be transferred to the service of the Agency, and any previous service he might have rendered in the public service shall count as service to the Agency for the purpose of any pension subsequently payable by the Agency.
Structure of the agency. 16. There shall be established for the Agency such departments as may be deemed expedient for efficient operation.
PART IV- FINANCIAL PROVISIONS AND AUDIT Provision of superannuation. 17. The Agency shall pay gratuities or provide and maintain further such superannuating schemes (whether contributory or not for the employees).
Funds of the agency. 18. (1) The Agency shall establish and maintain a Fund into which all moneys accruable to the Agency shall be paid and from which all the activities of the Agency shall be Funded. (2) There shall be paid and credited to the Fund such money as may be appropriated by the National Assembly: (a) by the Federal Government, the equivalent of 3 percent of the Consolidated Revenue Fund; (b) all the moneys accruing to the Ecological Fund Office upon the enactment of the Bill;             (c) donations, gifts and grants from individuals or corporate organisations at home and abroad. (3) The Funds of the Agency shall be disbursed according to the approved formula. (4) The Council shall cause the accounts of the Agency to be audited quarterly and shall be externally audited once every year.
Power to accept gifts. 19.  (1) The Agency 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 Agency shall not accept any gift if the conditions attached are inconsistent with the functions of the Agency under the Bill.
Power to borrow. 20. The Agency may, from time to time, borrow such sums of money as it may require to execute or complete some special projects of the Agency.
Annual estimates and expenditure. 21. (1) The Council shall, not later than 30th of September each year, submit to the National Assembly through the Minister an estimate of the expenditure of the Agency during the next succeeding fiscal year. (2) The Council shall approve all expenditure of the Agency.
Accounts and records. 22. The Agency shall: (a) cause to be kept proper account and records of the transactions and affairs of the Agency and ensure that all payments out of its moneys are correctly made and properly authorised; (b) ensure that adequate control is maintained over assets of, or in the custody of the Agency and over incurring of liabilities; and (c) prepare in respect of each financial year a statement of accounts in such form as the Auditor-General may direct.
Audit. 23. The accounts of the Agency shall be audited not later than six months after the end of the year to which they relate by Auditors appointed by the Agency from the list of the Auditors supplied and in accordance with the guidelines issued by the Auditor-General of the Federation.
Annual Report. 24. The Agency shall prepare and submit to the Council not later than so" June each year a report on the activities of the Agency, the audited accounts of the Agency and the Auditors report thereon for each year preceding the report.
Power to acquire land. 25. The Agency may subject to the Land Use Act, acquire any land for the purpose of discharging its functions.
PART V- MISCELLANOUS PROVISIONS Limitation of suits against the agency. 26. The Provisions of the Public Protection Act shall apply in relation to any suit instituted against any officer or employee of the Agency.
Service of documents. 27. A notice, summons or any other documents required or authorised to be served upon Agency under the provisions of this Bill or any other law or enactment may be served by delivering it to the Director-General at the principal office of the Agency.
Indemnity of officers. 28. A member of the Council, the Director-General, an officer or employee of the Agency shall be indemnified out of the assets of the Agency against any proceeding, whether civil or criminal, in which judgement is given in his favour, or in which he is acquitted if any such proceeding is brought against him in his capacity as member of the Council, Director-General, officer or employee of the Agency.
Engagement of experts other than staff. 29. The Director-General may with the approval of the Council engage persons with knowledge or experience in the control of desertification, drought, floods, erosion, ocean surge, deforestation, coastal erosion or other ecological related issues or in matters relevant to the functions of the Agency to assist otherwise than on the basis of full time employment.
Power to give directive to the agency. 30. The President or Minister may give to the Agency directives of a general or special nature with respect to any of its functions.
Savings and transitional provision. 31. (1) The statutory functions, rights, interests, obligations and liabilities of the Ecological Funds Office before the commencement of this Bill under any contract or instrument, shall by virtue of this Bill be deemed to have been assigned to and vested in the Agency. (2) All assets, funds, resources or any other movable or immovable property which immediately before the commencement of the Bill, were vested in the Ecological Fund Office shall be vested in the Agency.
Regulation. 32. 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. 33. In this Bill- "Agency" means Environmental Disasters Control Agency established under section 1 (1) of this Bill; "Council" means a Governing Council of the Agency established under section 2(1) of this Bill; "Environmental disasters" include erosion, desertification, floods, droughts, ocean surge, deforestation, hurricane, storms and whirlwind;  "function" includes power and duty; “member" means a member of the Council and includes the Chairman; "the Minister" means the Minister in charge of Environment; and "the President" means the President of the Federal Republic of Nigeria.
Citation. 34. This Bill may be cited as the Desertification, Erosion, Flood and Ecological Control Agency Bill, 2015.
SCHEDULE SUPPLEMENTARY PROVISIONS RELATING TO THE COUNCIL, ETC. Proceeding of the Council 1. (1) Subject to the Interpretation Act, the Council may make standing order regulation its proceedings or any of its committees. (2) The quorum of the Council shall be the Chairman, or the person presiding at the meeting and 1/3 of membership present. 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 1/3 of the membership, he will summon a meeting of the Council to be held within two weeks 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 period as it deems fit. But a person who is in attendance by virtue of this subparagraph shall not be entitled to vote at any meeting of the Council and shall not count towards a quorum. Committee 1. (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 consider such number of persons as may be determined by the Council and a person shall hold office on the committee in accordance with the terms of his appointment. (3) A decision of a committee of the Council shall be of no effect until it is confirmed by the Council. 2. (1) The fixing of the seal of the Agency shall be authenticated by the signatures of the Chairman or any other member of the Council generally or specifically authorised by the Council to act for that purpose. (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 executed on behalf of the Agency by the Director-General or any person generally or specifically authorised by Council to act for that purpose. (3) A document purporting to be a document duly executed under the seal of the Agency shall be received in evidence and shall, unless and until the contrary is proved, be presumed to be so executed. (4) The validity of any proceedings of the Council shall not be adversely affected by - (a) a vacancy in the Councilor committee; (b) a defect in the appointment of a member of the Councilor committee; or (c) reason that a person not entitled to do so took part in the proceedings of the Council or committee.
EXPLANATORY MEMORANDUM This Bill, among other things seeks to establish an Environmental Disasters Control Agency as a statutory body and vests it with the responsibility to manage and control desertification, drought, erosion, floods, deforestation, ocean surge, hurricane, storm, whirlwind in any state of the Federation.