DEL CARGO
3 1 DESCRI PCI ON DEL METODO PARA LA DETERM I N ACI ÓN DE ASPECTOS E I MPACTOS AMBI EN TALES
This is a law of Lagos State focused on environmental sanitation and protection. It punishes in varying degrees acts like street obstruction, failure to clean sidewalks, cover refuse bins or dispose wastes properly.
3.3.13 Oil in Navigable Waters Act134
This is one of the most important Act stemming from the International Convention for the prevention of pollution of the Sea by Oil135. It is specifically referable to oil products. This Act relates to purposeful discharge of oil into water as well as spillage by the provisions as hereunder stated:
133 LFN 2004 H5.
134 Came into force on 22nd April, 1968
135 . In 1954 to 1962 aimed at protecting navigable waters of Nigeria.
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Subsection (1) if any oil to which this section applies is discharged form a Nigerian ship into a part of the sea which in relation to t that ship, is a prohibited sea area, or if any mixture containing not less than 100 parts of oil to which this section applies…
the owner or master of the ship shall subject to the provisions of this Act be guilty of an offence under the section.
Yet subsection (2) provides that the section applies to:
a. crude oil, fuel and lubricating oil and b. heavy diesel oil or
c. any other description of oil….
It is worthy to note the provisions of section 3 subsection 1 on the categorization of discharge of oil into Nigerian waters thus:
If any oil or mixture containing oil is discharged into waters… from any vessel, or from any place on land or from any apparatus used for transferring oil from or to any vessel (whether to or for a place on land…
if the discharge is from a vessel, the owner or master of the vessel or
if the discharge is from a place on land, the occupier of the place or
if the discharge is from apparatus used for transferring oil form or to a vessel the person in charge of the apparatus is guilty of an offence under this section136.Curiously this same Act provided a defence to the Oil industry offenders
136 In subsection (2), it was made clear that the section refers to whole of the sea within the seaward limits of the territorial waters of Nigeria and all other waters (including inland waters) which are within those limits and are navigable by sea-going ships.
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in section 4 viz: subsection (2) where a person is charged as mention in subsection (1) it shall be defence.
that the oil or mixture escaped in consequence of damage to the vessel, and that as soon as possible or practicable.. all reasonable steps were taken for preventing or for stopping or reducing the escape of oil or mixture
that the oil or mixture escaped by reason of leakage care and that as soon as practicable reasonable steps were taken for stopping or reducing its.
This Act domesticates and gives effect to provisions of the International Convention for the Prevention of Pollution of the sea by oil 1954 to 1962 in Nigeria. This is one of the most important statutes stemming from the International Convention for the prevention of pollution of the Sea by Oil137. It is specifically referable to oil and related products. The Act prohibits the discharge of certain oils into areas, designation of prohibited sea areas, discharge of oil into the waters of Nigeria, equipment in ships to prevent oil pollution, penalties for offences, enforcement and application of fines among others.138 Section 1 prohibits the discharges of crude oil, fuel, lubricating oil and heavy diesel oil from ships into Nigeria‘s territorial waters or shorelines. Section 3 makes it an offence for a shipmaster, occupier of land, or operator transferring oil to discharge it into Nigerian waters. It also requires the installation of anti-pollution equipment in ships. Section 6 stipulates the punishment for such discharge to consist of a fine, while section 7 requires that the records detailing the occasions of oil discharge be kept.
137 In 1954 to 1962 aimed at protecting navigable waters of Nigeria.
138 The Petroleum (Drilling and Production) Regulation to the Petroleum Act 1969, Cap 350, LFN 2004
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The Oil in Navigable Waters Regulations Of 1968 implements the provisions of this Act139. The Regulations, made pursuant to section 5 and 7 of the oil in Navigable Waters Act140, require ships to install oily-water separator equipment capable of preventing pollution of the navigable waters by oil.141 The Regulations also require that due precautions be taken when loading. Discharging or bunkering oil to prevent spills, and also those regular inspections of ships are carried out to prevent oil leakages.142
The Act and its Regulations therefore provide legal frameworks for enforcing safety and protection of the marine ecosystem and environment in Nigeria. They also contain provisions that could be evoked clean-up of oil spill in the country‘s territorial waters and compensation for damage to marine ecosystem.
Despite the robust provisions of this Act and its Regulations that make and discharge of oil into a prohibited sea area an offence, the monetary penalties stipulated under sections 6 and 7 of the Act are grossly inadequate and require update to conform with modern realities and to reflect the serious nature of acts of water and marine pollution. This Act relates to purposeful discharge of oil into water as well as spillage by the provisions as hereunder stated:
Subsection (1) if any oil to which this section applies is discharged form a Nigerian ship into a part of the sea which in relation to that ship, is a prohibited sea area, or if any mixture containing not less than 100 parts of oil to which this section applies…
139 ONWA 1968, LFN 2004, CO6.
140 Ibid.
141 Ibid.
142 Ibid.
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the owner or master of the ship shall subject to the provisions of this Act be guilty of an offence under the section.
Yet subsection (2) provides that the section applies to:
crude oil, fuel and lubricating oil and;
heavy diesel oil; or
any other description of oil….
It is worthy to note the provisions of S.3(1) on the categorization of discharge of oil into Nigerian waters thus:
If any oil or mixture containing oil is discharged into waters… from any vessel, or from any place on land or from any apparatus used for transferring oil from or to any vessel (whether to or from a place on land…
if the discharge is from a vessel, the owner or master of the vessel or
if the discharge is from a place on land, the occupier of the place or
if the discharge is from apparatus used for transferring oil form or to a vessel the person in charge of the apparatus is guilty of an offence under this section143.
Curiously this same Act provided a defence to the Oil industry offenders in S.4 (2) which provides that:
143 In subsection (2) it was made clear that the section refers to whole of the sea within the seaward limits of the territorial waters of Nigeria and all other waters (including inland waters) which are within those limits and are navigable by sea-going ships.
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―where a person is charged as mention in subsection (1) it shall be defence‖
That the oil or mixture escaped in consequence of damage to the vessel, and that as soon as possible or practicable.. all reasonable steps were taken for preventing or for stopping or reducing the escape of oil or mixture
That the oil or mixture escaped by reason of leakage care and that as soon as practicable reasonable.
The Oil in Navigable Waters Act is concerned with the discharge of oil from ships.
The following sections are significant:-
Section 1 (1) prohibits the discharge of oil from a Nigerian ship into territorial waters or shorelines.
Section 3 makes it an offence for a ship master, occupier of land, or operator of apparatus for transferring oil to discharge oil into Nigerian Waters. It also requires the installation of anti-pollution equipment in ships.
Section 6 makes punishable such discharge with a fine of N2, 000 (Two thousand naira).
Section 7 requires the records of occasions of oil discharge.
3.3.14 Oil Pipelines Act144
It relates to capacity of the Federal Government through her representative(s) or agent (s) to grant licences to applicants who desire to carryout business in the Oil
144 The Act came into force on 4th October, 1956
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and Gas industry particularly in exploring for oil in the oil fields, mining oil.
Usually in Nigeria, it is the Minister for Petroleum, is empowered by law to grant such licences on behalf of the Federal Government to any applicant for survey routes for oil pipelines, construct, maintain and operate oil pipelines. It is trite that the licence are specific to the extent that each licence shall be issued in respect of and authorize the construction, maintenance and operation of one pipeline only145.