LAGOS STATE ENACTS LAW ON DREDGING AND MINING

The Lagos State House of Assembly has promulgated a new law that would regulate activities in the dredging and mining sector. This is despite the dissatisfaction expressed by operators in the sector to Governor Babatunde Fashola recently over the stringent new regulations barring them from dredging and sand-mining at certain 'lucrative' waterfronts in the state.
Tagged 'A Bill for a Law to provide for the Regulation of Waterfront Infrastructure Development in Lagos State and for Connected Purposes,' it spelt out, among other things, the power of the governor under the present arrangement, the acceptable ways of dredging and the penalty for default among others.

Under the law, the governor in regulating waterfront and associated activities shall:

       Ensure balance between economic development and preservation that will permit the beneficial use of waterfronts while preventing the diminution of open space areas or public access to the waterfront, shoreline erosion, impairment of scenic beauty, or permanent adverse changes to ecological systems;
       Facilitate public access to waterfronts for recreational purposes;
       Develop infrastructure along waterfronts for recreational purposes;
       Minimize damage to natural resources and property from flooding and erosion, protection of waterfronts, beaches, dunes, barrier islands, bluffs and other critical coastal and inland waterway features;
      Initiate and develop waterfront restoration and revitalization programmes;
      Enter into contracts with any person, firm, corporation, or governmental agency; and,
      Do all such other things as may be expedient for carrying into effect the purpose of this law. From the commencement of this law, every person, corporation, partnership or body involved in sand dealing and/or sand dredging operation from within, around or on waterfronts and embankments within Lagos State shall be required to obtain an operation permit from the governor.
'Application for a grant of operation permit under the law shall be made to the governor in a prescribed form and signed by the person making the application,'.
Every such application shall state the nature and the location of the proposed activity or development.
The law stipulates that the governor shall inspect the specific location of the proposed activity or development to ensure compliance with the procedure laid down for obtaining operation permit. He may charge fees for any service rendered under this law.
Conditions for grant of Operation Permit, as specified by the law are that the governor in granting any permit under this law, may attach to it such conditions governing the tenure of the operation permit and any other conditions as he deems fit in the interest of the public. However, the governor may refuse to grant permit under this law if after the Inspection conducted under section 8 of this law it appears to it that:

-The applicant has not paid any Lagos State Government Tax for the last three years preceding the date of his application for operation permit under this Law or has failed to pay Companies Income Tax Act (where applicable);
-An operator's operation permit has within six month preceding the date of application been cancelled;
-The applicant did not disclose full details of information required of him under Section 3(2) of the law;
-The area has been acquired by planning authority for the improvement of highways, or residential area;
-The applicant has failed to comply with the provisions of the Urban and Regional Planning Laws of Lagos State and Regulations; and,
-Environmental Impact Assessment (EIA) report does not favour such activities.

Every operation permit issued under this law may be for a period of one year or such shorter period as may be determined by the governor, unless otherwise revoked by the governor and such permit may be renewed periodically. The governor shall keep a register of all the operation permits granted, renewed, transferred or canceled by it under the provisions of the new law. For the purpose of inspection and supervision, an appropriate authority appointed by the governor may at all reasonable times enter premises in respect of which the appropriate authority has issued an operation permit for purpose of inspection and to ensure that the conditions for a permit under this law are being compiled with.

Offenses and penalties for default include:
-Any person who caries on the business of sand dealing or sand dredging along the waterfront without obtaining an operation permit shall be liable on conviction to a fine not less than N1 million or to a mandatory imprisonment for a term not less that two years or to both fine and imprisonment;
-Any person who constructs, develops or erects and building or any other structure-not being a structure required for water transportation along the waterfronts and embankments within Lagos State without a permit granted under this law or in other manner contravenes the provisions of this Law shall be liable on conviction to a fine not exceeding N500,000 or to imprisonment for a term of six months or to both fine and imprisonment;
-Any person who encroaches, obstructs, or impedes physical access to any water front or damage or impairs the aesthetic beauty of any waterfront whether partially or wholly shall be liable on conviction to a fine not exceeding N250, 000 or to imprisonment for a term of three months or to both fine and imprisonment.
-Besides, any structure erected along the waterfronts without obtaining an operation permit may be demolished by the governor after service of seven days demolition notice on the occupier or any person responsible for such illegal development.
-Any person, who obstructs, intimidates, harasses, or assaults any officer(s) in the course of his duty while enforcing this law shall be liable on conviction to a fine of N50, 000 or six months imprisonment or both. To eliminate forgery the law states that any person who forges an operation permit or tenders an operation permit knowing it to have been forged is guilty of an offence and shall be liable on conviction to a fine of N200, 000 or imprisonment for a term of six years.

Similarly, the law vests the power of arrest and enforcement of the law in the Environmental Special Offences (Enforcement) Unit, and any other law enforcement officer that deemed appropriate.

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