Interested companies which want to operate sand dredging businesses in the Aja-Badoreh areas of Lekki peninsula may do so if they can put in place a dump barge for the transportation of the materials to their customers and pay N1m per annum in fees to the Lagos State Government. The Lagos State government clarified this situation during a stakeholders meeting called by the State Governor, Raji Fashola (SAN) in mid August.
The stakeholders’ meeting was organized by the Ministry of Waterfront Infrastructure Development and addressed by the Governor at the conference room of the Governor’s Office Alausa, Ikeja. It attracted more than seventy attendees from more than twenty dredging companies and some financial institutions.
In an opening address, the Honorable Commissioner of Waterfront Infrastructure Development, Prince Adesegun Oniru, stated that in March 2008 a similar meeting was held by the ministry with the stake holders of the Nigerian dredging association and it was found out in the course of the meeting that the National Inland Waterways Authority [NIWA] had been exercising dominion and control of the activities of the dredging companies. He said the stakeholders were informed that it was only the Lagos State Ministry of Waterfront Infrastructure Development that had the right to direct the mining and dredging activities in the state.
He reiterated the conditions handed down to the stakeholders: dredging could be allowed in shallow waters if done properly; the popular Ado/Badoreh road was out of bound as far as dredging was concerned till further notice; environmental impact assessment [EIA] was now a compulsory yardstick for anyone wishing to continue dredging in Lagos state.
When Governor Fashola took the floor, he said that the regulatory framework involved in the state’s decisions on the matter was recommended by the Waterfront Ministry and he wanted the views of stakeholders so as to iron out all issues.
Recounting the damage dredge operators had done to the environment, the Governor said that in 2006, the Ajah/Badoreh road was cut in two due to the constant movement of heavy trucks and dredging equipments own by the various dredging companies operating within the axis. “Now that the road has been repaired we don’t want it to be destroyed again, we have many petitions from the residents of that area, the community leaders and the general public complaining bitterly on how that road is being misused by the various dredging companies within the area, some of you drive caterpillar with chains on the tarred road, it is not done any where, it must be on the payloader”, the Governor said.
He assured them that the state did not intend to stop anyone from dredging, because there were many developmental projects going on within the state. “Road construction projects is everywhere in the state, house construction, schools, bridges, numerous estates and so forth, so we need sand seriously but it must be produced in a manner that is safe for all of us”, he said.
He said in order for Lagos state to remain habitable and free of natural disasters and other environmental tragedies, all activities that will put the lives of people in danger should be called to order and to that effect dredging activities must be monitored properly and that environmental impact assessment [EIA] should be taken seriously. ‘Nobody should be allowed to dredge in this state without the proof of environmental impact assessment from the professional assessors’, he ordered.
He clarified that brief stop on the dredging activities in the state is to call to order these dredging companies who have for long neglected the impact of their activities to the society whose main focus was to make as much money as possible thereby putting the continuity of the state into jeopardy. He stated that government was the regulator while the dredging companies were the operators, hence the regulator wants to know who the operators are and that it was only “…by registering with the government through the appropriate body that we can know who you are and monitor your activities. We are not stopping you from dredging but we want it to be done in a more organized and orderly manner’, he concluded.
Chief Emmanuel Onosiem, the CEO of Construction Support Ltd, in a speech said that he did his EIA reports since 2002 and 2005 respectively under the office of Lagos State Environmental Protection Agency [LASEPA] and since the Ministry of Waterfront had taken over the responsibility, he asked if his EIA with LASEPA would still remain valid.
The Governor, in response said that the matter was easier with an existing EIA report; that all that one had to do was to bring it to the Ministry to scrutinize and make any further adjustment and for payment.
Mr. Uche Anya of Typher Resources Ltd pleaded with the governor to allow dredging to continue for a period of eighteen months more on the Ado/Badore site so that their bank loans could be offset but the Governor insisted that no further dredging will be allowed at the Ado/Badoreh site till further notice.
“We are still going to build in the future, look at the Epe area, Ikorodu, all these areas need to be developed and expert reports say that in the year 2015, we are going to have about 25 million people living in Lagos state. These ones will still build houses, so we need to have some reserve against the future.” the Governor said.
He exhorted banks and other financial institutions to request for proper business plan development like EIA reports and approval letters from the Ministry of Waterfront before financing any dredging project.
Addressing the issue raised by the artisan miners who complained about continuous NIWA disturbance and NIWA claims that 100 meters from the sea shore belongs to the Federal Government and therefore royalties should be paid to them as the appropriate governmental body in charge of the waterfront, the Governor stated that NIWA had no right over the beach fronts in Lagos state.
He stated that the decree which empowered NIWA to take charge of 100 meters coast line was propounded under the General Babangida administration in 1985,but that that decree had been faulted. “The Federal Government no longer has control over our shoreline. NIWA has purported to exercise dominion over our lagoons in a manner that is not consistent with our constitution, and to that effect the State House of Assembly has enacted a law to bring the NIWA Act in conformity with the constitution in manner that will not contradict the interest of both the state and the Federal body. That Act has become a law that will lead our internal waterways.’, he said.
He therefore appealed to the stakeholders to yield to the directives of the Ministry of Waterfront Infrastructure Development, adding that there were still few areas of the state’s constitution that needed amendment and about which Lagos State will work with the federal government to create understanding.
Responding to a question by a certain Mr. Adeyemi, a dredging consultant, on how long the embargo on dredging will last as well as if government should carry out basic EIA in the entire lagoon to specify and designate areas where dredging could be carried out for the sake of orderliness, the Honorable Commissioner of Waterfront Infrastructure Development answered that the state is not restricting anybody from dredging but that people should come and legitimize their businesses by registering with the Ministry of Waterfront and to adhere to the laid down rules and regulations on dredging, stating that only the state governor had the right to designate a dredging site.
Contributing to the discussion, the Commissioner for Environment, Mr. Muise Banire, said that his ministry was working hard towards the stakeholders’ plea about designating some areas for dredging activities. He promised that very soon the process will be completed and made known to the public. On EIA, he said that the decree establishing EIA has been made obvious and that it includes calling for public hearing from time to time in those areas where the projects were to be carried out.
He said that it was not the ministry that would pre-qualify the EIA consultants which dredging companies would use; rather, the ministry was the judge. “The ministry will charge the proponent to go and do the EIA, bring the report to the ministry, the ministry will sit on it and call for public hearing whereby you meet one on one with the people living within the area your project is situated, they will air their own opinion on how the project will affect them and their environment. Based on their complaints you will be obliged to provide mitigating factors to mitigate against the fears that they expressed. If we go through these processes, we will have no problems or difficulties in carrying out our businesses,” he said.
In conclusion, the Honorable Commissioner of Waterfront, Prince Oniru, reacted to a question posed by Engineer Adesola Otupaya of Brasstop Dredging Ltd as to whether government had taken over the dredging sites at Ado road in Aja? He said that government was not interested in taking over anybody’s land but if illegal mining activities or some practices that run contrary to the stipulated guidelines for dredging which the Ministry of Waterfront had put in place, government had the right to interfere and save the situation for the interest of the masses.
He added that the Ado/Badoreh area was out of bounds for dredging and mining activities pending when the government granted an approval order. To avoid disapproval from government he said each dredging company must register with the Ministry of Waterfront.
LAGOS STATE GOVERNMENT GUIDELINES FOR DREDGING ACTIVITIES
According to documents circulated by the Lagos State Ministry of Waterfront Infrastructure Development, Engineering Department, the following are the guidelines for the registration of dredgers. tThe dredging industry has been segmented into three categories: category A – dredging firms only; category B – dredging / sand sellers only; and category C – manual dredgers only.
Category A – Dredging Firms Only
- Application for dredging addressed to the Honourable Commissioner Ministry of Waterfront Infrastructure Development.
- Payment of application fee of N50,000 [fifty thousand Naira only]
- Provide detailed description of proposed dredging location.
- Provide of the Enviromental Impact Analsis Report.
- Provide Hydrographic survey.
- Bathymetric survey of the proposed location.
- Copies of current tax clearance certificate.
Approval will be subject to the payment of the following fees:
(a) Ajah axis (i) Payment of the sum of N1,000,000.00 (One million Naira) per annum.
(ii) Proof of Ownership or Access to Portable Barges
(b) Ikorodu axis (i) Payment of the sum of N750,000.00 (Seven Hundred and fifty thousand Naira) per annum
(c) Badagry /Epe axis: (i) Payment of the sum of N500,000.00 (Five Hundred Thousand Naira) per annum.
Category B – Dredging / Sand Sellers Only
- Application for dredging addressed to the Honorable Commissioner, Ministry of Waterfront Infrastructure Development.
- Payment of application fee of N50,000.00 [Bank Draft]
- Provide detailed description of proposed dredging location.
- Provide the Enviromental Impact Analysis report.
- Provide hydrographic survey.
- Bathymetric survey of the proposed location.
- Copies of current tax clearance certificate.
Approval will be subject to the payment of the sum of the following fees.
- Ajah axis (i) payment of the sum of N1, 000,000.00[One million Naira].
(ii) Proof of ownership or access to portable barges
(b) Ikorodu axis: Payment of the sum of N750,000:00 (Seven Hundred and fifty thousand Naira) per annum.
(c) Badagry / Epe axis: Payment of the sum of N500,000:00 (Five Hundred Thousand Naira) per annum.
Category C – Manual dredgers only
- Application for dredging addressed to the Honorable Commissioner, Ministry of Waterfront Infrastructure Development.
- Payment of application fee of N50,000.00 [Bank Draft]
- Provide detailed description of proposed dredging location.
- Proof of ownership of land.
- Perimeter survey.
- Environmental Impact Analysis (EIA).
- Report on dredging process to be adopted..
Approval will be subjected to the payment of the following fees:
- Ajah axis: (i) Payment of the sum of N200,000:00 (Two Hundred Thousand Naira) per annum.
(ii) Proof of access to Portable Barges.
- Ikorodu axis: Payment of the sum of N100,000:00 [One Hundred Thousand Naira) per annum.
(c) Badagry / Epe axis: Payment of the sum of N50,000:00 (Fifty Thousand Naira) per annum.