Tuesday, April 23, 2013

Noise Makers In Nigeria Risk One-Year Jail Term, Fine, Says NESREA

The National Environmental Standards and Regulations Enforcement Agency(NESREA) says it is now ready to enforce a regulation, making noise a criminal offence punishable with imprisonment or fine or both.
The Coordinator of the Agency in Osun, Olanrewaju Anjorin, said in Osogbo on Tuesday that a 2009 gazette gave NESREA the legal cover.

Mr. Anjorin showed a correspondent a copy of the gazette which prescribes up to one year jail term or fine or both for a breach of the law.

The law prohibits unacceptable level of noise making by individuals or groups or a corporate body.
The regulation makes provisions for ‘permissible noise levels, noise in excess of permissible levels, duty to control noise by place and time and noise control zones’ among others.

The coordinator said that there were 24 NESREA regulations, addressing all aspects of environment; covering individuals, organisations and public sanitation conducts, adding that more regulations were underway.

According to him, “noise-making is just one of the numerous environmental conditions which are considered as public disturbance and therefore, the agency has zero tolerance for it.”

Asked how the agency could determine the level of noise-making in a particular environment, Anjorin explained that the regulation had been made explicit in the agency’s Noise Standard and Control Regulation.
“The agency may seize, impound, confiscate or prohibit the use of any property… which is likely to, or has caused the emission of excessive noise… if it will restore the permissible noise level in the area.

“The owner of any item seized, impounded or confiscated under these regulations shall be responsible for the costs incurred,” stated the regulation.

The regulation also stated that in issuing a noise permit, the agency would do so with regard to the need for ensuring that the best practicable means were employed to minimise noise.

Therefore, “any person who contravenes any requirement or condition of a permit commits an offence and shall be liable to a fine of five thousand naira for everyday the offence subsists.

“On conviction, the person may be liable to a fine not exceeding N50,000 or face imprisonment for a term not exceeding one year or both.

“Where an offence is committed by a body corporate, it shall on conviction be liable to a fine of N500, 000 and additional fine of N10, 000 for everyday the offence subsists,” it added.

-------News Agency of Nigeria (NAN)
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