Addressing Concerns in the Control of Noise Pollution under National Environmental (Noise and Control) Regulations 2009

Abstract

Noise pollution has posed a great danger to the health and wellbeing of Nigerians for many years without adequate legal intervention. The introduction of the National Environmental (Noise and Control) Regulations, 2009 (hereafter called „the Regulation) was therefore a welcome development. The Regulation is aimed at controlling noise pollution in Nigeria by setting maximum permissible noise levels that can be emitted from different sources and activities. However, this paper finds
that certain provisions in the Regulation are capable of impeding the realisation of the objective of the Regulation. The paper finds that these provisions are included in the Regulation without the drafters taking into consideration, the peculiarity of the Nigerian situation. For instance, granting largely unqualified permit to noise emitters to emit noise beyond the level permitted by the Regulation in a country where getting citizens to comply with laws is already a difficult task, makes the Regulation self-defeatist. The time frame and use duration when noise can be emitted in the environment also does not take the peculiarity of the Nigerian environment into consideration. The way the language of some of the provisions is couched is vague and will make compliance and enforcement difficult. Consequently, the paper concludes that the National Environmental Standards Regulations and Enforcement Agency (NESREA) needs to review the Regulation in line with observations made therein, if the Regulation will achieve its goal.