Understanding Waste Disposal Rights: Where Can You Legally Dump Your Waste?


 

Understanding Waste Disposal Rights: Where Can You Legally Dump Your Waste?


Do you have the right to dump waste along the roadside or in any place you think is suitable? You'll find the answer to this question in this article. Let's dive in. 

What Is Waste?


In section 107 of the National Environmental Health Practice Regulations 2016, waste is defined as "any item that is discarded as unwanted and any material that can be injurious to health or cause harm to the public and or the environment."


Going by this definition, we can see that almost any unwanted thing can be regarded as waste. Anything that you want to dispose of counts as waste. Even if that thing may not yet be completely useless, it becomes waste the moment you dispose of it.


The Position of the Law on Waste Dumping


In Nigeria, the position of our law on waste dumping can be found in the National Environmental Health Practice Regulations 2016 (afterwards referred to as "the Regulations"), specifically in sections 14(1) and 15.


Section 14(1) of the Regulations provides that:


No person shall dispose of any waste whether solid or liquid in any place except as approved by the Environmental Health Authority responsible for the area. 


Section 15 of the Regulations provides that:


No person shall litter waste of any description on any street, premises, drainage, water bodies, or public place. 


Defining premises, section 107 of the Regulations states that premises include:


  • Dwelling houses

  • The ground immediately outside dwelling houses 

  • Buildings

  • Land

  • Recreational facilities

  • Hotels

  • Vehicles

  • Factories

  • Ships

  • Compounds, etc.


From the provisions above, it's clear that the law frowns on any level or degree of indiscriminate waste dumping or disposal. This means that each time you toss an empty PET bottle in your compound after emptying its contents, you have contravened section 15 of the Regulations. 


Also, if you pee in a gutter or empty your bowels in an uncompleted building, you have contravened section 14(1) of the Regulations. Besides these instances, many other situations where a person may fall short of these sections abound. But is there any punishment for breaking these laws?


Penalty for Illegal Waste Dumping 


Dumping waste in any place where the law has said that you shouldn't dump waste is an offence. The penalties for illegal waste dumping imposed on individuals depends on many times they've been convicted of the offence. 


For first-time offenders, the penalty is ₦50,000 fine or six months in prison. For repeat offenders, the penalty is six months imprisonment without the option of fine. 


Which Court Has Jurisdiction over Illegal Waste Dumping Matters?


Although this isn't expressly stated in the Regulations, the magistrate court is most likely to have jurisdiction to hear matters relating to illegal waste dumping. When the accused is charged for the offence by an environmental health officer, the magistrate delivers summary judgement on their matter. 


However, the charging of the accused to court may be done if the accused is a repeat offender who should be sentenced to prison. If the accused is a first-time offender, they may be let off the hook after paying the fine. 


Is the Penalty for Illegal Waste Dumping Enforced in Nigeria?


No, the penalty is not enforced. In fact, the National Environmental Health Practice Regulations 2016 is a dead law. This is because illegal waste dumping has been culturally accepted in Nigeria. If the Regulations were strictly enforced, their enforcement would work hardship on the people. 


In conclusion, although the Regulations are not enforced, it would do us well to abide by them. Efforts should be made to sensitise others on the illegality of waste dumping. Each effort would be a step further in the thousand-mile journey of making Nigeria a better place. Spread the message, not the waste. 




Comments

Post a Comment

Popular posts from this blog

The Rivers State Crisis: A Constitutional Debate

Image
  The Rivers State Crisis: A Constitutional Debate By Hon. Lawson Oghenetejirhi Sorhue, SAL, SANL Introduction : The political crisis in Rivers State has ignited a fierce debate about the limits of presidential power in Nigeria. At its core are two provocative questions: Can the President constitutionally suspend a sitting governor, and is the appointment of an administrator legally defensible? This article explores these issues through the 1999 Constitution of the Federal Republic of Nigeria , relevant case law, and statutory provisions, weighing the arguments and drawing on historical context to fuel the discussion. Recent developments—namely, the National Assembly’s sanctioning of the President’s state of emergency declaration and possibly all attending issues under Section 11(4) [1] —add a critical layer to this analysis.   Can The President Constitutionally Suspend A Sitting Governor? The notion of a Nigerian President suspending a sitting Governor, Deputy Gov...
Read more

KNOW YOUR LECTURERS SERIES; EP 1.

Image
AN INTERVIEW WITH DR. S.O. Daudu. Dr. Sunday Omokhudu Daudu is a lecturer at the Faculty of Law, University of Benin. He is currently the Staff Adviser. In this interview he shares some of his experiences as a student as well as academic tips. Sir, what is your name? Daudu Sunday Omokhudu Garvin. Where did you study law? I studied law at the Faculty of Law, University of Benin. What year did you graduate? I graduated in the year, 2008.   Why did you choose law, did you always feel you were going to be a lawyer? Yes, of course, from the beginning. As I was leaving primary school to secondary school, there was a form given to students in JSS1 to fill. One of the entries was the profession you wanted to go into. At that stage, I knew I was going to study law when I was just in secondary school. So yes, I knew ab initio that I was going to study law. Was it an easy journey to get admission? For me, it was an easy journey. First, I wrote JAMB, and I didn’t score up to the c...
Read more

THE LEGALITY OF RECORDING LECTURES WITHOUT CONSENT.

Image
The evolution of technology has given rise to various ethical and legal dilemmas, including the practice of recording lectures without consent. In this modern era where information can be effortlessly captured and disseminated through various means including audios, this essay explores the intricate web of the legal implications surrounding the legality of recording lectures without the explicit consent of the lecturer. The Rule Most of the rules governing the recording of lectures in Nigeria are found in the Copyright Act 2022. Section 2(1) of the Copyright Act provides that: Subject to this Act, the following works shall be eligible for copyright — literary works ; musical works ; artistic works ; audiovisual works ; sound recordings ; and broadcasts. The phrase "literary work" is defined in section 108(1) of the Copyright Act thus: “literary work” includes, irrespective of literary quality, any of the following works or similar works — novels, stories and poetical work; pl...
Read more