The National Environmental Standards and Regulations Enforcement Agency (“NESREA”) is the federal body responsible for ensuring that companies carry out their operations cleanly in a way that does not harm the environment. Whether a company is running a small recycling company, a factory, or even importing regulated goods, NESREA is the agency tasked with ensuring that such companies have the necessary environmental permits before they begin operations. It is trite to note that, environmental compliance is not just a formality, it’s a necessity.
This article breaks down what NESREA is, businesses that needs NESREA permit, the applicable costs in getting NESREA permits, how companies can stay on top of compliance and consequences of businesses operating without NESREA permit.
What is NESREA?
NESREA stands for the National Environmental Standards and Regulations Enforcement Agency. It was established in 2007 by the NESREA Act to enforce environmental laws, protect natural resources, and ensure sustainable development in Nigeria. The agency is empowered to monitor, inspect, and penalize organizations that fail to meet required environmental standards.
The permit NESREA grants enables businesses and industrial facilities, the right compliance with the set environment standards and regulation. The agency can be said to be Nigeria’s environmental watchdog, as it ensures that businesses do not pollute the air, water, or land through their activities.
What are the types of permits granted by NESREA?
To prevent duplicity of permits, NESREA categorized the permit into five (5) groups. The following are the category of the Environmental permit:
- Air Quality Permit: Businesses and Industrial facilities that deal with Atmospheric Emissions, Vehicular Emissions, Open Burning, Refrigerator and Air Conditioning equipment (RAC) and Noise can apply for this permit;
- Waste and Toxic Substances Permit: Businesses and Industrial facilities that deal with Waste Generation, Restricted Chemicals, Sludge Disposal and Effluent Discharge can apply for this permit;
- Used Electrical and Electronic Equipment (UEEE) Permit: Businesses and Industrial facilities that deal with handling and export of UEEE can apply for this permit;
- Biodiversity Conservation Permit: Businesses and Industrial facilities that deal with access to genetic resources can apply for this permit;
- Eco-Guard Certification Permit: This permit is issued to facilities that are in their pre-construction and construction stages of their building projects.
What are the types of Businesses that needs the NESREA Permit?
They are specific businesses that require getting a NESREA permit to operate without any hassle. The following are businesses and industrial facilities that require a NESREA permit:
- Businesses involved in waste products (solid, liquid, or hazardous).
- Businesses involved in manufacturing, mining, oil and gas, or construction.
- Businesses that deals with Imports goods classified as environmentally sensitive.
- Business that deals in recycling, waste collection, or logistics related to environmental cleanup.
For example, a con battery manufacturing company would require a permit due to the chemical waste it generates. This also applies to a plastic recycling company that is also required to register and obtain approval before operations. If a business, affects the environment in any way, it’s safe to say that NESREA likely applies to you.
What Types of Goods Are Being Regulated by NESREA?
NESREA regulates a broad range of environmental activities. These include:
- Solid waste management (e.g. plastic, electronic, medical, or hazardous waste).
- Air emissions from factories and vehicles.
- Wastewater discharge into land or water bodies.
- Noise pollution and vibration from industrial machines.
- Importation of controlled products like used electronics, batteries, and chemicals.
Additionally, companies must comply with Producer Responsibility schemes, where they are required to take responsibility for managing their waste even after products are sold.
What Are the Requirements for NESREA Application?
To apply for a NESREA environmental permit, you will need to submit several documents. These may vary depending on your business category, but commonly required documents include:
- Certificate of Incorporation from CAC.
- Company Tax Clearance Certificate (usually for 3 years).
- Evidence of payment to NESREA’s TSA account.
- Environmental Impact Assessment (EIA) or Environmental Audit Report (EAR), depending on your business type.
- Site or factory layout plan.
- Waste management plan or environmental management plan.
- Details of waste generated and how it is handled.
- Affiliation or proof of partnership if applying as a Producer Responsibility Organisation (PRO).
For new businesses, an EIA might be needed before starting operations. Existing businesses may need an Environmental Audit Report if they’ve been operating for a while.
What is the Procedure for application of NESREA permit?
- Online application: First thing is to go to https://nesreaportal.com/ and select the right permit type that suits the operation of business.
- Submission of the necessary documentation which includes: Certificate of Incorporation, Three-year Tax Clearance Certificate, Proof of fee payment to NESREA’s TSA (official receipt), Environmental Impact Statement (EIS) or Environmental Audit Report (EAR), if applicable, Environmental Management Plan (EMP), Factory/site layout for producers/recyclers/collectors, Evidence of PRO affiliation (where needed).
- Pay the Application Fee: The fees are on the NESREA website and its grouped according to the permit type.
- Completion of the online application: Log in to the NESPAM portal, fill out your company’s profile and contact details, then upload all required documents. If you operate multiple facilities, register each one separately.
- Submit and Await Acknowledgment: Once all the documents have been submitted, NESREA will formally acknowledge receipt within 7 working days. This acknowledgment indicates your application is under review.
- Requests for Additional Info: If NESREA needs more documentation or clarification, then a notification would be sent. Providing what’s requested quickly and on time is best to avoid delaying the process.
- Site Inspection (if necessary): Depending on the complexity of your operations, NESREA may send officials to inspect your plant or facility to verify compliance practices and documentation.
- Permit Approval and Issuance: After successful review and any inspection, NESREA will issue the permit or certification. Please note that the agency would notify the applicant of the approval and this would include the accessed annual permit Fee to be paid within a specified period.
- Renew or Amend as Needed: Most permits are annual, and there is need to renew them before expiration (with renewal fees). If the operation changes (new facility, altered emissions).
What Are the Costs Involved?
The cost of obtaining a NESREA permit depends on the nature and size of the business. Here’s a general breakdown based on category:
| S/N | PERMIT/FEE | COST (₦) |
| 1. | Processing fee for: | |
| Biodiversity Conservation Permit | ₦50,000 | |
| b. | Electrical & Electronic Equipment Permit | ₦15,000 |
| c. | Air Quality Permit | ₦20,000 |
| d. | Waste and Toxic Substances Permit | ₦20,000 |
| e. | Eco-guard Certification | ₦40,000 |
| 2. | Amendment Fee | ₦20,000 |
| 3. | Re-hearing Fee | ₦50,000 |
| 4. | Appeal Fee | ₦20,000 |
| 5. | Annual Permit Fee | Variable |
| 6. | Renewal Fee | Variable |
Please note that all payments must be made to NESREA’s official TSA account, and receipts should be submitted as part of the application also all fees are subject to review by the agency.
What is the Estimated Timeline for getting the Permit?
NESREA typically acknowledges applications within 5–7 working days. The full review and processing time can take between 2 to 6 weeks and this is dependent on the applicant’s completeness of your documentation, whether applicant’s site needs to be inspected and also the category of permit applicant is applying for.
If the applicant’ s application is incomplete or additional clarification is needed, NESREA will contact the applicant, and this could delay the approval.
What are the Consequences of Non-Compliance?
The consequence of failing to obtain a NESREA permit for a business that falls under the categories of business that require the permit can result in that business or facility been fined heavily, there can also be Temporary or permanent closure of the business premises, Confiscation of goods, Criminal prosecution in serious cases.
NESREA officers are empowered by law to inspect any premises, demand documentation, and enforce compliance. Ignoring these requirements could jeopardize a business reputation and operations.
Conclusion
Getting a NESREA permit might seem like one more administrative step, but it plays a vital role in protecting our environment and public health. More importantly, it protects your business from legal penalties, project delays, or shutdowns.
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About KORIAT & CO.
We are a commercial law firm in Nigeria with network of lawyers and consultants in Ghana, Kenya and Rwanda. The above article is not legal advice and does not automatically make our readers our clients unless they specifically instruct us to act or represent them in any way.
We assist local and foreign clients to process company registration and business licences in Nigeria, Ghana, Kenya and Rwanda.
Please contact Koriat & Co. through admin@koriatlaw.com or 09067842241 if you require additional information about or assistance in processing company incorporation or application for a money lender’s licence.
