NESREA (Establishment) Act 2007 (as amended)

What Is This Policy?

The NESREA Act 2007 established the National Environmental Standards and Regulations Enforcement Agency as Nigeria's primary environmental enforcement body — replacing FEPA and giving NESREA legal authority to enforce all environmental laws, standards, and regulations across all sectors except the upstream petroleum sector (regulated separately by NUPRC).

Who Does It Target?

All industries, businesses, and institutions generating pollution, waste, or other environmental impacts Construction companies and real estate developers with EIA obligations Importers of hazardous chemicals, materials, and waste State Environmental Protection Agencies (SEPAs) and LGA environmental officers who work in coordination with NESREA Citizens and communities reporting pollution incidents and environmental violations

What Does It Aim to Achieve?

Enforce Nigeria's national environmental standards, regulations, and guidelines across all sectors of the economy Prevent and control pollution of air, water, land, and the food environment throughout Nigeria Coordinate with state and local environmental agencies to build a coherent national environmental enforcement network Ensure compliance with Nigeria's international environmental treaty obligations — Basel Convention, CITES, Stockholm Convention, Minamata Convention

Key Features

Broad Enforcement Jurisdiction: NESREA covers all sectors except upstream oil and gas — enforcing standards in agriculture, manufacturing, construction, trade, services, and households Standards & Regulations: Issues sector-specific environmental regulations (over 25 subsidiary regulations covering water, air, soil, noise, solid waste, chemicals, and sector-specific rules) EIA Compliance Monitoring: NESREA monitors implementation of Environmental Impact Assessment conditions for all approved projects to ensure post-approval compliance State-Federal Coordination: Coordinates with 36 State Environmental Protection Agencies to harmonise enforcement and share intelligence on violators Criminal and Civil Penalties: NESREA can impose fines, close facilities, seize goods, and refer cases for criminal prosecution under the Act Public Reporting Portal: Citizens can report environmental violations to NESREA's complaint portal for investigation and enforcement action

Current Status

The NESREA Act 2007 is in force, as it establishes the agency with legal authority to enforce environmental standards.

Legal Framework

The NESREA (Establishment) Act 2007 is the primary legislation creating and empowering the Agency. It operates alongside the Environmental Impact Assessment Act 1992, the Harmful Waste (Special Criminal Provisions) Act, and the National Environmental (various sector) Regulations issued under NESREA's authority. Nigeria's international obligations under the Basel, Rotterdam, Stockholm, and Minamata Conventions provide additional regulatory context. The Petroleum Industry Act 2021 separately governs the upstream oil sector.