Extraordinary Federal Republic of Nigeria .Official Gazette No. 40 Lagos - 3rd May, 2011 Vol. 98 J Government Notice No. 126 The followingis published as Supplement to this Gazette: S.I No. Short Title Page 13 National Environmental (DesertificationControl and Drought Mitigation ) Regulations, 2011 .. B399 -417 Printed and Published by The Federal GovernmentPrinter, Abuja, Nigeria FGP72/7201 l/400(OL 35) Annual subscription from 1st January, 2011 is Local: N 15,000.00 Overseas: N 21,500.00 (Surface Mail] N24.500.00 [Second Class Air Mail). Present issue Nl,500.00 per copy. Subscriberswho wish to obtain Gazetteafter 1st Januaryshould apply to the Federal Government Printer, Lagos for amended Subscriptions. B399 NATIONAL ENVIRONMENTAL (DESERTIFICATION CONTROL AND DROUGHT MITIGATION) REGULATIONS, 2011 ARRANGEMENT OF REGULA TI ONS REGULATION: PART I-GENERAL PROVISIONS ON DESERTIFICATION CONTROL 1. Application. 2. Objectives. 3. Principles. PART II -REGULATI ONS ON DESERTIFICATION CONTROL 4. Duties of the Agency. 5. The Role of States and Local Governments. 'i 6. Declaration of Specially ProtectedAreas. 7. DesertificationControl Guidelines. 8. Permit. 9. Implied Covenants. 10. Duties of Land Owners and Users. PART III - GENERAL PROVISIONS ON DROUGHT MITIGATION 11. Application. 12. Objectives. 13. Principles. PART IV -REGULATIONS ON DROUGHT MITIGATION 14. Duties of the Agency. 15. Duties of Relevant Line Ministries, Departments and Agencies. 16. Duties of the State Enforcement Team. 17. Duties of the Local Government EnforcementTeam. 18. Drought Mitigation Guidelines. 19. Health and Nutrition. / 20. Prevention of Wildfire. PART V - GENERAL 21. Offence and Penalties. 22. Interpretations. 23. Citation. B400 PART VJ - SCHEDULES Schedule - I List of Frontline States/Desertification Prone Areas in Nigeria. Schedule Threatened/B II - List of Desertification- ufferZo ne States. Schedule III Register of Specially Protected Areas. Schedule IV Prohibited Activities in the Arid and Semi Arid Areas. Schedule V Composition of the Federal Level Task Force. Schedule VI - Composition of the State Level Task Force. Schedule VII - Composition of the Local GovernmentLevel Task Force: B401 I NATIONAL ENVIRONMENTAL (DESERTIFICATION CONTROL AND DROUGHT MITIGATION) REGULATIONS,2011 In exercise of the powers conferred on me by section 34 of the National Environmental Standards and Regulations EnforcementAgency (Establishment) Act, 2007 and all other powers enabling me in that behalf, I, MR JOHN ODEY, Honourable Minister, Federal Ministry of Environment, hereby make the followingregulations- [28th Day of April, 2011] Commence -ment. PART I-GENERALPROVISIONS ON DESERTIFICATION CONTROL 1. This Part shall apply to the control of desertificationin all affectedareas Application. in Nigeria. 2. The objectives of this Part ofthese Regulations are to: Objectives. (a) provide an effective and pragmatic regulatory frameworkfor the sustainable use of all areas already affected by desertification and the protection ofvulnerable lands; (b) sensitize the public on the causes and dangers associated with desertificationand the attendant land degradation ; (c) encourage the sustainable use of fuelwood throughthe use of more efficientand energy saving devices with a view to encouraging their wider use and adoption at all levels ; (d) promote the use of alternativesources of energy,includin g the use of wind, solar, briquettes, coal, gas etc; (e) encourage reforestation,reseeding, afforestation and conservation of areas under desertification or vulnerable to same forthe rehabilitation of degraded lands; {I) attain the 25% national forest cover as prescribed by the United Nations Food and Agricultural Organisation (FAO) with a view to being self sufficient in wood and other forest resources, including the enhancement of ecological integrity and the abatement of the impacts of climate change ; (g) ensure sustainable agricultural and range management practices, improved animal husbandry and management of water resources in the desertification prone areas with a view to achieving sustainable livelihood, povertyreduction and wealth creation; through introduction of modem and affordableproduction technologies to resource poor farmingcommuniti �s; B402 t e d l relevan int rnational an no (h) promote coopera t' on with . n s k o 1 ed ge sh aring a d the governmental organisations through partnership � ; ; _ � Umte ations conventton t domestication of such conventions as the o Mitigation (UNCCD), the United Combat Desertification and Drought . _ and the.U ited Nat o Nations Convention on Biodiversity (UNCBD) � _ ! ns e C) to which Nigena Framework Convention on Climate Chang (UNFCC is signatory ; and e de e tree cov r through (i) sustain and expand areas un r for st an� _ e e t plan conservation, protection, rehabilitation of natural v g ta 10n�, tree �mg �nd t e i d erti t control of forest exploitation, with a view o r vers ng es fica ion trend. Principles. 3. The principles set out hereunder shall be observed in regulating activities in desert prone areas in Nigeria : (a) Prevention First-Priority attention shall be paid to desertified areas while preventing potentially vulnerable areas fromb eing affected ; (b) integrating combating desertification with development and with sustainable natural resource forutilisation: Desertification· control shall be closely combined with socio-economic development and environmental improvement; (c) adopting measures suitable to local conditions and preventive:. facilities according to the intensity of desertification; (d) key affectedpoints are used as combating basis to promoting wor in the entire prone areas ; (e) appropriate policies, legal and regulatory instruments arecritical fo desertificationcontrol; ee (f) farmers plant tr s up to a minimum of 25 trees per hectare on the· farms in the formof hedge planting or just as scattered trees to promote agr forestry practices ; and (g)Envir onmental Im actAssessment (EIA) is � _ conducted as required by law, on lands threatened with desertification·' PART II-REGULATIONS ON DESERTIFICATION CONTROL Duties of 4·-< 1) the Agency, in collaboration with lheAgeocy, . relevant Ministries 'D epartments a nd Agencies (MDAs), States and . Local G overnments, shall compile an inventory· of all alread · Y dc gra de d a 1 · · nds and deser ffi 1 icatio 1·n Schedules J . n prone areas as hste d and II t th ese R egulattons, to amelioration measur�s. determine their status and possible B403 (2) The Agency shall periodicall y . omto! and inspect degraded lands for e purpose of updating such afore-m � th en toned inventories. (3) T�e general_ public, es .. peciallY the affected commumt1es, shall be consulted m conductmg invento ry ofd egrn<ledland s and other related decisions affecting such lands. 5.-(1) Using the invent . ory dat a m. regulation 4( 1) of these Regulations, The Role tates and Local the S Governme nts as well as the affected communities shall of the States identify and delineate priori ty and Local areas for rehabilitation including reforestation, Governments. eseeding and afforestati r on. (2) Pursuant to sub-regulaf . mn (l) of this . regul�tion, each affectedState and Local Governmentshall esta bhsh yearly afforestation targets of not less than I 0 kilometres of shelter be t1 an d 5 hectares of woodlot. (3 ) Pursuant to Sub-regulation (1) of this regulation each affected State and L oca 1 0 ovemmentshall estabris h year IY rangeI and and reseeding targets ofnot 1ess th an 25 hectares and 5 hectares respectively. �4) Environmental Impact Assessment (EIA) shall be conducted as reqmred by laws on lands threatened with desertification. (5) The affected States, Local Governments Non-Governmental Organisations (NGOs) and Community Based Organisations (CBOs) shall carry out public awareness campaigns among the people to ensurethe rational and sustainable use of degraded lands or desert prone areas. ( 6) AffectedStates and I,.,ocalGovernments shall ensure the enforcementof extantla ws forthe protection and sustainable management of constituted forest and grazing reserves. protected areas under desertification or Declaration 6.--(1) The declaration ofspecially of Specially by theAgency in consultation with relevant the threatthereon shall be initiated Protected the State or Local Governmentor both, and a Areas. MD As on the recommendation of as prescribed in Schedule III. register shal.l be opened thereon declared as specially ProtectedAreas: (2) The following' areas shall be ; (a) areas with sand dune build-ups �over; (b) areas without vegetation to drought and desertification; (c) water catchment areas vulnerable forestcover and 25% grass cover; (d) areas with less than 10% tes the process ?f declaring n area or viable (3) Where the Agency initia � area under sub-regulation (1) of this regulation, the ecosystems as protected Agency shall. B404 l and State Govemments i ritin (a)info nnthe Loca _ � :W g; 11,1 the views of the people mhab1tmg the ar t v; ensure that . eas conti mcorpora e d ; and &ll to such sensitive ecosystems are ! . oUs · .. (c) ensure the preparation and subm1ss1on of a report con (a}and ain g the findings pursuant to paragraphs (b}of this sub-regulation,c in any Local or State Governmentinitiate s the process (4) Where . ref;erredto of this regu I atton,. t he sat·a Go vem in sub-regulation (1) ment sh ll . the people and inhabitants of the area carry out t �·/1 consultation with he act 1 ies provided forin sub-regulations (3)( a)(b) and (c) of this regulation. (5) The Agency