AN APPRAISAL OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR REGULATING THE IMPACTS OF MINING OF MINERALS ON THE ENVIRONMENT IN NIGERIA

AN APPRAISAL OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR REGULATING THE IMPACTS OF MINING OF MINERALS ON THE ENVIRONMENT IN NIGERIA

ABSTRACT

Mining of solid minerals is one of the world‟s important industries. Nigeria is blessed with about 44 solid minerals spread over the six geo-political zones of the country where mining activities occur. No matter the type of technology used, environmental degradation is a natural consequence of mining of solid minerals. While mining of solid minerals is important for economic growth and development it has deleterious consequences or impacts on the environment. The need to strike a balance between these issues is sacrosanct. Hence, laws, regulations and policies have been enacted or specified to ensure sustainable development of the sector. Also, government ministries, agencies and establishments have been set up and given powers, functions and responsibilities to implement relevant laws and regulations. In spite of measures put in place to ensure protection of the environment from the impacts of mining of solid minerals, poor enforcement and non-compliance with extant laws and regulations continue to constitute bane to the protectionof the environment against the negative impacts of mining activities in Nigeria.The aim of this research is to appraise the role of legal and institutional frameworksfor regulating the impacts of mining of solid minerals on the environment in Nigeria. This thesis therefore inter alia examines the impacts of mining on environment, human health, livelihood, biodiversity, climate change and sustainable development goals; and analysis of legal responses to environmental degradation. One of the objectives of this research is to identify and analyse the problems and challenges associated with the effective enforcement of mining and environmental laws and regulations in the mining industry in Nigeria. The doctrinal and empirical methods of research were utilised in the research work. Under the doctrinal method, both primary and secondary sources of documents were consulted; while the empirical method entailed the administration of questionnaires to populations and data obtained were accordingly analysed. Consequent upon the foregoing, the findings of the research on the reasons for the prevalent cases of environmental degradation by the mining of solid minerals include the lack of enforcement of relevant laws and regulations. Therefore, the work recommends that our laws should be enforced by relevant government agencies charged with such mandate.

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