Delta State Erosion and Watershed Management Agency Law, 2021

DELTA STATE EROSION AND WATERSHED MANAGEMENT AGENCY LAW, 2021

1. Short Title. This Law may be cited as the Delta State Erosion and Watershed Management Agency Law, 2021.

2. Interpretation. ln this Law: "Agency" means the Delta State Erosion and Watershed Management Agency; "Attorney General "means the Attorney-General and Commissioner for Justice of Delta State; "CAP" means Community Action Plan; "Chairperson" means the person chairing the Agency's Board; "Commissioner" means the Commissioner in charge of the Ministry of Environment; "Committee " means the Advisory Committee; "DT-SEWMA " means the Erosion and Watershed Management Agency; ESMP " means Environment and Management Plan; "GIS" means Geographic System; "Government " means the Government Of Delta State Of Nigeria; "Governor " means the Governor of Delta State of Nigeria; "Member " means a member of the Agency includes the Chairperson; "Person" includes a Company, body corporate and an incorporated body of persons, and Local and State Government Agencies; "RAP "means Resettlement Action Plan; "State " means Delta State of Nigeria.

3. Establishment/Head Office/Zonal Offices. (1) There is established a body known as the Delta Erosion and Zonal Watershed Management Agency. (2) The Agency: (a) shall be a body with perpetual succession and a common seal; and (b) may sue and be in its corporate name. (3) The Agency shall have its Head office in the State Capital and shall have Zonal Operational Offices in each of the three Senatorial Districts in the State.

4. Establishment and Membership of the Agency?s Management Board/Schedule. (1) There is established for the Agency a Management Board which shall consist of: (a) a chairperson, who shall be appointed by the Governor on the recommendation of the Commissioner; (b) the Executive Secretary of the Agency; (c) a representative each from the: (i) Ministry of Environment; (ii) Ministry of Housing; (iii) Ministry of Lands, Survey and Urban Development; (iv) Ministry of Justice; (v) Ministry of Works; and (vi) Ministry of Water Resources. (2) The ex -officio Members of the Board shall be appointed by the Commissioner on the recommendation of the Ministry he/she represents, subject to the Governor's approval. (3) With the exception of the Executive Secretary, membership of the Board shall be on a part-time basis. (4) The provisions of the schedule to this Law shall apply to the proceedings of the Board and other matters mentioned therein.

5. Tenure of Office. Except for the ex-officio member, a Member of the Board shall hold office for a term of four years and shall be eligible for another term of four years and no more.

6. Cessation of Membership. (1) The Office of a Member of the Board shall become vacant if: (a) he/she resigns as a member of the Board by notice in writing under his/her hand addressed to the Commissioner; or (b) the Commissioner, subject to the approval of the Governor, is satisfied that it is not in the interest of the agency for the person appointed to continue in office and notifies the member in writing to that effect. (2) If it appears to the Board that a Member of the Board, other than an ex- officio or the Executive Secretary, should be removed from Office on the grounds of misconduct or inability to perform the functions of his/her office, the Board shall make recommendation to the Commissioner. (3) If, after making such enquiries as he/she considers necessary, the Commissioner approves the recommendation, the Commissioner shall, in writing, declare the office of such a Member vacant.

7. Stipends of members. The Members of the Board shall be paid such stipends as the Governor may deem appropriate.

8. Functions of the Agency. The Agency shall: (a) coordinate and liaise with stakeholders, within and outside the State, on matters of erosion and watershed management; (b) plan, coordinate and implement policies on matters of erosion and watershed management; (c) enforce compliance with policies, standards, legislation, and guidelines on matters of erosion on watershed management; (d) manage and control erosion and watershed, flood, and storm water in the state; (e) identify gully erosion and flood sites and rehabilitate such sites; (f) conduct research on using technology to manage erosion and watershed in the State; (g) establish programmes to prevent, reduce and control erosion and flooding; (h) create public awareness and provide environmental education on matters, of erosion and watershed management; (i) reclaim, channel, and conduct reclamation works at gully erosion sites; (j) carry out baseline, GIS, ESMP, RAP and CAP studies and their implementation in the State; (k) promote training and manpower development on matters of erosion and watershed management; (l) establish demonstration farms to impart knowledge on dry season farming to protect affected communities in the State; and (m) carry out such activities as are necessary or expedient for the performance of its functions.

9. Powers of the Agency. The Agency shall have power to: (a) purchase or take on lease any interest in land, building or property; (b) build, equip, maintain, and/or dispose of the offices and premises to perform its functions under this Law; (c) open and operate accounts for the Agency in recognized banking institutions in Nigeria; (d) accept gifts of land, money or other property, upon such terms and conditions, if any, as may be specified by the person or organisation making the gift, as long as such conditions are consistent with the functions of the Agency; (e) submit for the approval of the Commissioner proposals for the establishment and /or review of guidelines, regulations and standards on erosion and watershed management; (f) develop environmental monitoring networks, compile and synthesize environmental data; (g) undertake, coordinate, utilise and promote the expansion of research, experiments, surveys and studies by public or private agencies, institutions and organisations concerning causes, effects, extent, prevention, reduction and elimination of erosion and flooding; (h) enter agreements and contract with public or private organisations and individuals to develop, utilise, coordinate and share environmental monitoring programmes, research effects. and basic data on erosion and flooding; (i) in collaboration with other relevant agencies and with the approval of the Commissioner, establish programmes for setting standards and regulations for the prevention, reduction and elimination of erosion and flooding; (j) collect and make available, through publications and other appropriate means and in co-operation with public or private organisations, basic scientific data and other information pertaining to erosion and flooding; and (k) do such other things as are necessary for the efficient performance of the functions of the Agency.

10. Functions of the Board. The Board shall: (a) be responsible for the appointment, promotion and discipline of the staff of the Agency; (b) advise the Agency on financial, operational and administrative matters; (c) establish committees as may be expedient which shall be charged with specific functions; (d) encourage and promote activities related to the functions of the Agency; and (e) carry out such other activities as may be directed by the Commissioner.

11. Departments of the Agency. (1) The Agency shall have the following Departments: (a) Administration; (b) Finance and Accounts; (c) Environment Management/Social Safeguards; (d) Planning, Research and Statistics; (e) Engineering/GIS; and (f) Natural Resources. (2) Each Department shall be headed by a Director, seconded or transferred to the Agency from the State Civil Service. (3) The Agency and its Departments shall have adequate units and divisions as may be required to discharge the functions of the Agency. (4) The Agency may create such other Departments, units or offices in any pan of the State as may be required for the proper performance of the functions of the Agency.

12. Appointment of the Executive Secretary and other Staff of the Agency. (1) The Executive Secretary of the Agency shall be appointed by the Governor on the recommendation of the Commissioner. (2) The Executive Secretary shall: (a) be the Chief Executive and Accounting Officer of the Agency; (b) be responsible for the day-to-day administration of the Agency; (c) be a person with good working knowledge of the environment and with a minimum of 15 years postgraduate experience in environmental management or a related discipline; and (d) hold office for a period of 4 years on such terms and conditions as may be specified in his or her letter of appointment and be eligible for re-appointment for another period of4 years and no more. (3) The Agency may, from time to time, appoint such other persons as members of staff as it may deem necessary to assist the Agency in the performance of its functions under this Law. (4) Notwithstanding subsection (3) of this Section, the State Civil Service Commission may, at the Executive Secretary's request, second or transfer persons in the State Civil Service to the Agency. (5) The appointment of Staff in the junior cadre shall be made by the Executive Secretary, and appointment in the senior cadre shall be made with the ratification and approval of the Board. (6) The Members of Staff of the Agency appointed under subsection (3) of this Section shall be appointed on such terms and conditions of service (including remuneration, allowances, benefits and pensions) as may be determined by the Governor.

13. Fund of the Agency. (1) The Agency shall establish a fund from which shall be defrayed, all expenditure incurred by the Agency for the purposes of this Law. (2) There shall be paid and credited to Fund of the Agency; (a) an adequate take off grant from the Government; (b) annual subventions and budgetary allocations from the Government; (c) loans and grants in aid from national, state, bilateral and multilateral agencies; (d) counterpart funding as may be provided from time to time; (e) all sums accruing to the Agency by way of rents, fees and internally generated revenues from services rendered by the Agency; and (f) all sums accruing to the Agency by way of gifts, endowments, bequeaths or other voluntary contributions by persons and organisation.

14. Expenditure of the Agency. (1) The Agency shall, from time to time, apply the funds at its disposal to: (a) the cost of establishing and maintaining the Head Office of the Agency and its offices located in other places in the State; (b) the cost of conducting the Agency’s activities; (c) pay allowances and other benefits of members of the Board and of its Committees; (d) pay the salaries and entitlements of the Executive Secretary and other members of Staff of the Agency; (e) pay the personnel, overhead, allowances, pensions, gratuities, benefits and other administrative costs of the Agency; (f) pay for attendance at local and international conferences related to its functions; (g) build the capacity of members of Staff of the Agency; (h) publicise and promote the activities of the Agency; (i) attend national and international scientific and professional seminars on environmental matter; (j) develop and maintain any property vested in or owned by the Agency; (k) pay for services and contracts entered into by the Agency; and (l) undertake any other activity in connection with all or any of the functions of the Agency.

15. Annual Estimate. The Agency shall submit to the Governor through the Commissioner, not later than 30th September each year, its programme of work and estimates of its income and expenditure for the following year.

16. Accounts and Audit. (1) The Board shall keep proper accounts of the Agency and proper records in relation to those accounts. (2) The accounts of the Agency shall be audited not later than six months after the end of the year to which it relates by auditors appointed by the Agency and in accordance with the guidelines supplied by the Auditor-General of the State.

17. Annual Report. The Agency shall prepare and submit to the State Executive Council, through the Commissioner, not later than, 30th June in each year, a report on the activities of the Agency during the immediately preceding year, and shall include in such report a copy of the audited accounts of the Agency for that year and the auditor's report. DELTA STATE EROSION AND WATERSHED MANAGEMENT AGENCY LAW, 2021 SCHEDULE Section 4(4) Proceedings of the Board.

1. (1) Subject to the provisions of this Law, the Board may take standing orders regulating its proceedings or those of any of its committees. (2). The quorum of the Board shall be the Chairperson or the person presiding and three other members of the Board including the Executive Secretary, and the quorum of any committee of the Board shall be as determined by the Board. 2 (1) The Board shall meet whenever it is summoned by the Chairperson and, if the Chairperson is required to do so, by notice given to him by not less than six other members, he/she shall summon a meeting of the Board to be held within 14 days from the date on which the notice is given. (2) Notwithstanding subparagraph (1), the Board shall not meet more than six times a year unless there are expedient reasons to do so and subject to the Commissioner's request. (3) The Chairperson shall preside at any meeting of the of the Board but if he/she is absent, the members present at the meeting shall appoint one of them to preside at the meeting. (4) Where the Board desires to obtain the advice of any person on a particular matter, the Board for such period as it deems fit, but a person who is in attendance by virtue of this subparagraph shall not be entitled to vote at any meeting of the Board and shall not count towards a quorum. 3 (1) The Board may establish one or more committees to carry out, on behalf of the Board, such functions as the Board may determine. (2) A committee established under this paragraph shall consist of such number of persons as the Board may determine, and a person shall hold office on the committee in accordance with the terms of his/her appointment. (3) A decision of a committee of the Board shall be of no effect until it is ratified by the Board. 4(1) The fixing of the seal of the Agency shall be authenticated by the signature of the Chairperson, the Executive Secretary or any person generally or specifically authorized by the Board to act for that purpose. (2) A contract or instrument which, if made or executed by a person not being a body corporate, would not be required to be under seal, may be made or executed on behalf of the Agency by the Executive Secretary or any person generally or specifically authorised by the Board to act for that purpose. (3) A document purporting to be a document duly executed under the seal of the Agency shall be received in evidence and shall, unless and until the contrary is proved, be presumed to be so executed.

5. The validity of any proceedings of the Board or of a committee shall not be adversely affected by: (a) a vacancy in the membership of the Board or committee; (b) a defect in the appointment of a member of the Board or committee; or (c) reason that a person not entitled to do so took part in proceedings of the Board or committee.