Environmental Regulatory Laws
There are sets of rules and laws enacted in Nigeria for a healthy environment through the implementation of preventive and predictive measures, that forestall environmental pollution in the activities of extractive industries, in their quest to engage in economic activities by resource exploitation. As desirable as development is for humanity, it comes with its side effects some of which are environmental in the form of disruption of landscape, loss of biodiversity, pollution etc.
In order to reduce the impact of these developmental projects, environmental planning tools such as the Environmental Impact Assessment (EIA) report are introduced to provide information to decision-makers, that will help them factor environmental protection into their decision-making process “prior to approval, rejection or modification of proposed project plans or activities”. Hence, the enactment of Environmental Impact Assessment (EIA) into law as part of the governance regime that regulates extractive industry activities, is aimed at achieving sustainable development in the natural resource sector of a country’s economy.[9]
Additionally, the Nigerian Minerals and Mining Act 2007 made it an implied condition for the maintenance of a Mining Lease, that lessees shall take due precautions in matters concerning pollution and environmental degradation, including the prevention of pollution of water or watercourses in the mining area in the course of mining or prospecting for minerals. Failure to comply with these requirements amongst other consequences will require the payment of compensation to the owner or occupier of land for damages, and pollution caused to the land or to water sources. In addition, the holder of a Mining Lease may be required by the Minister to restore any area in which mining operation has been carried out to its original position, by such methods as the replacement of the surface soil, filling of worked areas, removal of tailings, dumps and heaps caused by mining operations.[10]
It is pertinent to note that the aim of the Nigerian Environmental Impact Assessment Act (EIA Act) is to establish before a decision is taken, whether a project intended to be carried out by a person, federal state or local government is likely, to a significant extent, have environmental effects. This is to promote the implementation of policies that are in line with environmental protection, and to encourage information exchange among government organs and persons on the proposed projects that may have environmental effects.[11]
In summary, EIA serves three purposes namely: Integration of environmental concerns into planning and decision making; Environmental damage limitation through anticipation and minimization and; Public participation in decision making.[12]
Finally, the Act provides that no project (under the mandatory list) shall be carried out by any individual, the private or public sector, without prior consideration of the environmental impact of such a project—bitumen will fall into this category, judging by its industrial outlay necessary for exploitation.[13]
Environmental Considerations and Rights of Host Communities in Mining Sites
This heading provides for the mining of materials (such as salt, soda, potash or galena) by host communities in relation to areas covered by mining leases; the prohibition of mineral exploration in certain areas; the reservation of rights of the owner or occupier; payment of surface rents; assessment of various compensations and payment of same; restoration of mined land; reclamation; Community Development Agreements; Environmental obligations, include the preparation and submission of environmental impact assessment statements, and participation in the environmental protection and rehabilitation program.[14]
The Minister shall establish an Environmental Protection and Rehabilitation Fund, to guarantee the environmental obligations of Holders of Mineral titles as provided under the Act. The trustees appointed by the Minister shall operate the fund in accordance with the provisions of the Trustees Investment Act or amendments thereof.[15]
More so, the Act prohibits pollution of watercourse, alterations in water supply and provides that everyone who uses water in connection with mining operations, shall ensure that the water in use does not contain injurious substances in quantities likely to prove detrimental to animal or vegetable life. Also, no person shall, in the course of Exploration or mining, carry out operations, in or under any area held to be sacred or permit injury or destruction of any tree or other thing which is the object of veneration.[16]