Recent enforcement actions by the National Environmental Standards and Regulations Enforcement Agency (NESREA) have underscored the critical need for businesses in Nigeria to align their operations with environmental laws.
Two facilities—Geld Construction Limited in Abaji, FCT, and Arno Energy, a charcoal production plant in Kogi State—were sealed for failing to meet regulatory requirements, including conducting Environmental Impact Assessments (EIA) and obtaining key permits like Air Quality Permits, Environmental Audit Reports, and Waste Management Permits.
At Ibe, Chido & Associates (ICA), we understand the challenges businesses face in navigating Nigeria’s complex regulatory environment.
Below, we break down the key takeaways and actionable steps businesses should take to avoid such enforcement actions.
Why NESREA’s Actions Matter
- Legal Mandate: NESREA is tasked with enforcing environmental laws to protect public health and the environment. Businesses failing to comply risk fines, closures, and reputational damage.
- Community Impact: The operations of the affected facilities reportedly caused environmental harm, affecting host communities. Compliance is not just about avoiding sanctions; it demonstrates corporate responsibility.
- Preventive Measures: Conducting an Environmental Impact Assessment (EIA) and obtaining the requisite permits are non-negotiable. These processes identify and mitigate potential risks to the environment and public health.
Implications for Businesses
The closures highlight a misconception among some businesses that environmental compliance is optional or a secondary concern. This is far from the truth. Operating without the necessary permits or assessments violates key provisions of Nigeria’s environmental laws and exposes businesses to legal and financial risks.
What Businesses Should Do
To ensure your operations are compliant, here is what you need to know and do:
- Conduct an EIA:
- An Environmental Impact Assessment is mandatory for facilities whose operations may impact the environment.
- This assessment provides a roadmap for mitigating environmental harm and ensures regulatory approval.
- Obtain Required Permits:
- Air Quality Permit: Ensures emissions from your facility meet acceptable standards.
- Environmental Audit Report: A periodic review of your facility’s environmental performance.
- Waste Management Permit: Governs the disposal and treatment of waste generated by your operations.
- Engage Compliance Experts:
- Navigating these requirements can be complex. Partnering with legal and regulatory consultants like Ibe, Chido & Associates ensures you meet all obligations efficiently.
- Respond Promptly to Notices:
- Before sealing facilities, NESREA typically issues compliance notices. Ignoring these notices escalates enforcement actions, including closure.
Common Misconceptions Addressed
- “Our business is too small for NESREA’s focus”: All businesses, regardless of size, must comply with environmental laws.
- “We can operate while waiting for permits”: Permits must be secured before commencing operations. Failure to do so is a breach of law.
- “NESREA doesn’t act unless there are complaints”: NESREA proactively audits businesses to ensure compliance, regardless of complaints.
How ICA Can Assist
At Ibe, Chido & Associates, we offer tailored advisory services to help businesses achieve full regulatory compliance. From obtaining permits to conducting EIAs, we guide you every step of the way. Our services include:
- Regulatory Audits: Identifying gaps in your compliance framework.
- Permit Applications: Streamlining the process to avoid delays.
- Legal Representation: Defending your interests in the event of enforcement actions.
Conclusion
NESREA’s enforcement actions serve as a timely reminder for all businesses to prioritise environmental compliance.
By taking proactive measures, businesses not only avoid sanctions but also contribute to a healthier environment and stronger community relations.
For expert advice and assistance on ensuring compliance, contact Ibe, Chido & Associates—your trusted partner in legal and regulatory matters.
This article is provided by the Senior Partners at Ibe, Chido & Associates (ICA), a leading legal and regulatory consultancy in Nigeria.
