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5 STEPS TO KEEP ENVIRONMENTAL AGENCIES (NESREA) FROM SHUTTING

DOWN YOUR SITE

Conference Paper · June 2018

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 5 STEPS TO KEEP ENVIRONMENTAL
AGENCIES (NESREA) FROM SHUTTING
DOWN YOUR SITE
Duntoye D. T.
Richflood International limited, FCT,
Abuja, Nigeria
Duntoyedavid2@gmail.com

Abstract
This paper is structured to both educate and equip miners,
developmental project proponent, Site managers, and Operational
mangers with a detailed knowledge on how to ensure the Environmental
Enforcement agency has no reason to shut down their facilities. This
paper is based on effective principles drawn from years of experience
garnered auditing several sites nationwide. Essentially, it is based on
guaranteed principles that have been tested, and which if followed, will
keep the National Environmental Standards and Regulations
Enforcement Agency (NESREA, Est. Bill, 2007) from shutting down
your development sites.
Introduction

The planning and maintenance of the environment around has become necessary, not just out of a
desire or want of man and environmentalists worldwide but, out of man’s need to ensure his
continuous survival. As a foundation for this cause, the call for the environment’s protection made
in the Rio de Janeiro conference and other signed treaties on the environment that followed have
succeeded in opening the world’s eyes to the effects of industrialization such as the increase in
floods, pollution attacks, heightened lung diseases, chest infections which have caused many
deaths globally

In a bid to tackle these many problems, several countries have followed an inter-disciplinary
approach to the matter. Measures like educating stakeholders (as many people who have the earth
as a home) and other domicile approaches are being adopted, some countries employ the arm of
the law to punish facilities and project developments which are found infringing on the general
health of the environment.
The aim of this paper isn’t to criticize this approach but to help those outfits which suffer this fate
or might in the future, due to ignorance or any other cause, to prevent such an outcome henceforth.
As an example: in Nigeria, the late President Umar Musa Yaradua, on 30 July, 2007 reviewed and
signed into law the NESREA act as the enforcement wing of the federal ministry of Environment
(FMEnv), where the act charged the agency with the responsibility of enforcing all environmental
laws, guidelines, policies, standards and regulations in Nigeria, as well as enforcing compliance
with provisions of international agreement, protocols, conventions and treaties on the environment
to which the country is a signatory to.
To empower them also, Section 8 of the NESREA act 2007 dictates

“An officer of the agency with a Court warrant, the right to enter and search
any premises he reasonably believes is used to contravene environmental
standards or legislation.”
A further dictate of the act goes further to empower the agent by penalizing all means made to
obstruct such an officer by stating that

“If the obstruction is caused by an individual, upon conviction he is

sentenced to a minimum fine of N 200,000 or to a maximum imprisonment
of one year or to both fine and imprisonment, and an additional fine of N
20,000 for each day the offence continues. If the obstructer is a corporate
body, it shall, upon conviction, be liable for a fine of N2, 000,000, an
additional fine of N200, 000 for each day the offence continues.”
¬Adapted from National Environmental Standards and Regulations
Enforcement Agency (Establishment) Bill, 2007

Therefore, this paper is focused on highlighting principles that could be employed to prevent a
site/facility from being shut down by any such government agency.

Five steps to ensure a that your facility does not get closed
To ensure that your facility is well managed and passes any site investigation, check that the
following steps are in place:

STEP #1: KNOW YOUR
RESPONSIBILITY
It’s the responsibility of every Facility to look
for sustainable means to do all they wants on
their facility while creating minimal damage
to the environment. Evidence of conformity
with this is first shown with your EIS, ESIA
approval letter or periodic Environmental
audit certificate of the site. Showing the
inspector any of this certificates will reveal to
them that you are committed to the
environment also and are also concerned on
the impact your project is having on the
environment.
STEP #2: KNOW YOUR FACILITY
ENVIRONMENTAL RED ZONES/
POINTS
Every facility has red zones: these are points,
areas or places where peak environmental
impacts are felt. A comprehensive risk
assessment should be done on your facility to
identify environmental red zone points and
their impact (risks and hazards). This is best
handled by experts/consultants who have
understanding of all nuances related to the
relevant laws and regulations of the
environment.
This expert is going to identify and highlight
these points and the best mitigating options to
you. For example, in a Quarry, the quarry pit,
diesel storage, dynamite store, crushing
section etc. will be identified. Every
inspector knows these point and are
interested in investigating them during
inspection. If your consultant has done a
good job and you followed his mitigation
plan. Take them there and explain how you
are mitigating all impacts. This is usually
more effective. Previous experience has
revealed that trying to divert their attention
from this point only raises their desire to
really identify what you are hiding.
Meanwhile, a well explained mitigation plan
will show transparency which will naturally
dissuade them from searching deeper.
Note: every major project has red zones so do
not be scared to let them know, rather show
you are aware of the dangers and working to
reduce it. DON’T HIDE IT, EMBRACE IT.
STEP #3: PROVIDE EVIDENCE OF
FACILITY COMPATIBILITY WITH
ENVIRONMENT
An evidence of environmental sustainability
of your site is the presence of bio organisms
in the site. The ability of plants and animal to
survive close to your facility is a proof that
your facilities is following the best
environmental practices. Simply showing the
investigator plants growing close to red zones
proves that the impacts of your project are
minimal or well mitigated. For example,
facilities can grow small crops like maize at
the back of their facilities. Or grow
plantations around the facility.
STEP #4: CHECK YOUR SELF
Checking your facility regularly is the only
way of ensuring that nothing has been
overlooked, and ensuring that minimum
harm is been done to the environment..
Internally auditing your site regularly by one
of your staff (Environmental Officer) is
another key for staying ahead of
investigators. Most investigators will avoid
sites that have shown evidence of periodic
monitoring. A Well documented EMS
database will prevent auditors or
investigators from parading your site.
Statistics show that authority figures pay
more attention to defaulting and its most
likely first offenders get away with minor
crimes unless caught with sufficient
evidence.
STEP #5: HAVE AN ENVIRONMENTAL
SPECIALIST.
Having a consultant who regularly checks on
your project’s progress and reports what your
facility is doing wrong, how to rectify it,
latest world best practices (best Approved
process) and recent updates in the world of
environment in your area, will help you stay
ahead of any form of stop work order. Also,
specialists see all the things you don’t and
have an update on all what investigators are
monitoring and some even have inside men
who inform them ahead when their clients
facilities will be visited unannounced.
 Another reason is that investigators prefer to
work with consultant who they know are
committed to the environment. Some even
keep a professional friendship between
themselves and this can help reduce
punishments when impacts are not so
grievous. Finally, the consultants develop
measures to balance clients’ needs and
environmental concerns and their continuous
exposure creates a defense for them
specifically as a result of this.

Duntoye David Toyosi

Junior consultant
Richflood International Limited

Did you know? Richflood has conducted review for over a hundred facility

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