Abstract
A major target or the attainment of sustainable development is the maintenance of a healthy environment within the dynamics of natural resource development. In order to achieve this target, mechanisms are put in place to ensure that prior to and during the developmental process of the resource, the environment is reasonably spared of the consequences the invasive exploitation activities. This makes it important for states to put in place laws and regulations that would guarantee the attainment of sustainable development in the natural resources section of its economy. Bitumen is one of the natural resources Nigeria has commenced commercial development in order to diversify its economy from a largely oil dependent one. Study has shown that bitumen, if not carefully monitored, has a potentially more devastating environmental footprint than petroleum. This paper therefore examines two environmental statutes in Nigeria viz the Environmental Impact Assessment (EIA) Act and the National Environmental Standards and Regulation Enforcement Agency (NESREA) Act, with the aim of ascertaining if their provisions are expansive enough to take care of bitumen’s processing requirements prior to and during development. The paper finds that these laws, in relation to bitumen development, have serious lacuna that could endanger the attainment of sustainable development in the Nigerian bitumen sector.
Highlights
To ascertain the readiness of the Nigerian legal regime for the avoidance of environmental disaster prior to and during exploitation of bitumen and assure sustainable development in the bitumen sector of the country, this study takes a critical look at two important environmental statutes, namely the Environmental Impact Assessment (EIA) Act and the National Environmental Standards and Regulations Enforcement Agency (NESREA) Act
This paper has shown that the Nigerian Environmental Impact Assessment Act (EIA Act) will not engender sustainable development in the bitumen sector as it does not provide for public participation in environmental decision making before the EIA report is produced
The failure of the Minister to exercise his power to provide regulation for bitumen under the National Environmental Standards and Regulation Enforcement Agency (NESREA) Act jeopardises the sustainable development of the resource in the country
Summary
To ascertain the readiness of the Nigerian legal regime for the avoidance of environmental disaster prior to and during exploitation of bitumen and assure sustainable development in the bitumen sector of the country, this study takes a critical look at two important environmental statutes, namely the Environmental Impact Assessment (EIA) Act and the National Environmental Standards and Regulations Enforcement Agency (NESREA) Act. Attainment of sustainable development in the natural resource sector has gone beyond a national policy aspiration, but has become an international normative demand for all countries in bid to ensure an earthly environment with minimal pollution (UNDESA, 2015). In order to ensure sustainable development in the exploitation of this resource, strict monitoring of the impact of bitumen must be conducted prior to development and during the active period of exploitation to avoid envisaged environmental problems (Milos, 2015).
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