soil. Pursuant to these provisions, the authority promulgated the National Environment (Minimum Standards for Management of Soil Quality) Regulation, 2001.The
purpose of the regulation is to establish minimum soil quality standards for
maintaining, restoring and enhancing the inherent productivity of the soil, prescribe
minimum standards for specific agricultural practices, establish criteria and procedures for benchmarking and measuring soil quality as well as prescribing guidelines for managing the soil.
67 The regulation prescribes different soil standards for
different soil types and agricultural activities spelt out in the schedules to the
regulation. It provides that no person shall use land in contravention of the soil
quality parameters established under the regulations.
68
For sand mining, this translates to mean that it must be carried out without
contravening the parameters set out in the regulation. The ambit of the regulation
is all encompassing. Specifically, the Mining Act requires mining activities to be
conducted with due regards to and in accordance with the standards and guidelines
prescribed under the National Environment Act.
69 However, the holder of an
exploration license or a mining lease may exceed the standards and guidelines
prescribed under the National Environment Act, 1995, if he has authorization by
way of a pollution license issued under the National Environment Act.
70 No specific
requirement is made for Environment Impact Assessment for this purpose nor for
public involvement though there are general provisions in the Act for impact
assessment and public participation which the environmental authority may invoke
when it deems necessary to protect the environment.
7 Institutional Arrangements
Soil and Water Conservation and Water for Agricultural Production are under the
Department of infrastructural development (Farm Development) of the Ministry of
Agriculture Animal Industry & Fisheries.
71 Government ministries and government
67 See Regulation 3 of the National Environment (Minimum Standards for Management of Soil
Quality) Regulations, 2001.
68 See Regulation 11.
69 Sec. 109 NEA. The relevant section reads: “Environmental protection standards (1) There shall be
included in every exploration licence or mining lease granted under this Act a condition that the
holder of such licence or lease takes all necessary steps to ensure the prevention and minimisation of
pollution of the environment in accordance with the standards and guide lines prescribed under the
National Environment Statute, 1995”.
70 Sec. 109(2) NEA.
71 Ministry of Agriculture, Animal Industry and Fisheries is a Government Ministry charged with
creating an enabling environment in the Agricultural Sector. It is commonly known as Ministry of
Agriculture and carries out its role by enhancing crop production, improving food and nutrition
security, widening export base and improved incomes of the farmers. The Ministry has Directorates
which include Animal Resources, Crop Resources, and Departments for Planning, Finance and
Administration.
114
T. Sanni
purpose of the regulation is to establish minimum soil quality standards for
maintaining, restoring and enhancing the inherent productivity of the soil, prescribe
minimum standards for specific agricultural practices, establish criteria and procedures for benchmarking and measuring soil quality as well as prescribing guidelines for managing the soil.
67 The regulation prescribes different soil standards for
different soil types and agricultural activities spelt out in the schedules to the
regulation. It provides that no person shall use land in contravention of the soil
quality parameters established under the regulations.
68
For sand mining, this translates to mean that it must be carried out without
contravening the parameters set out in the regulation. The ambit of the regulation
is all encompassing. Specifically, the Mining Act requires mining activities to be
conducted with due regards to and in accordance with the standards and guidelines
prescribed under the National Environment Act.
69 However, the holder of an
exploration license or a mining lease may exceed the standards and guidelines
prescribed under the National Environment Act, 1995, if he has authorization by
way of a pollution license issued under the National Environment Act.
70 No specific
requirement is made for Environment Impact Assessment for this purpose nor for
public involvement though there are general provisions in the Act for impact
assessment and public participation which the environmental authority may invoke
when it deems necessary to protect the environment.
7 Institutional Arrangements
Soil and Water Conservation and Water for Agricultural Production are under the
Department of infrastructural development (Farm Development) of the Ministry of
Agriculture Animal Industry & Fisheries.
71 Government ministries and government
67 See Regulation 3 of the National Environment (Minimum Standards for Management of Soil
Quality) Regulations, 2001.
68 See Regulation 11.
69 Sec. 109 NEA. The relevant section reads: “Environmental protection standards (1) There shall be
included in every exploration licence or mining lease granted under this Act a condition that the
holder of such licence or lease takes all necessary steps to ensure the prevention and minimisation of
pollution of the environment in accordance with the standards and guide lines prescribed under the
National Environment Statute, 1995”.
70 Sec. 109(2) NEA.
71 Ministry of Agriculture, Animal Industry and Fisheries is a Government Ministry charged with
creating an enabling environment in the Agricultural Sector. It is commonly known as Ministry of
Agriculture and carries out its role by enhancing crop production, improving food and nutrition
security, widening export base and improved incomes of the farmers. The Ministry has Directorates
which include Animal Resources, Crop Resources, and Departments for Planning, Finance and
Administration.
114
T. Sanni