LAGOS STATE PARKS AND GARDENS AGENCY LAW

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LIST OF LAWS OF LAGOS, [ALPHABETICAL]  

LAGOS STATE PARKS AND GARDENS AGENCY LAW

[EDITOR’S NOTE: THIS LAW HAS BEEN REPEALED UNDER S. 525 OF THE LAGOS STATE ENVIRONMENTAL PROTECTION AND PROTECTION LAW OF 2017]

ARRANGEMENT OF SECTIONS

1.       Establishment of the Lagos State Parks and Gardens Agency

2.       Composition of the Agency

3.       Functions of the Agency

4.       Powers of the Agency

5.       Seal of the Agency

6.       Tenure of the Office

7.       Remuneration of Members

8.       Meetings and Proceedings

9.       Quorum

10.     Validity of Proceedings

11.     Disclosure of Interest

12.     Cessation of Office

13.     The General Manager of the Agency

14.     The Secretary and other Staff of the Agency

15.     Accounts and Audit

16.     Funds and Resources of the Agency

17.     Annual Estimates

18.     Power to Borrow

19.     Mode of Service

20.     Designation of State Parks and Gardens

21.     Landscaping of Tenement

22.     Tree Planting Anniversary

23.     Power to make Regulations

24.     Offences and Penalties

25.     Repeal

26.     Interpretation

27.     Citation and Commencement

LAGOS STATE PARKS AND GARDENS AGENCY LAW

A LAW TO ESTABLISH THE LAGOS STATE PARKS AND GARDENS AGENCY AND FOR CONNECTED PURPOSES

[Commencement] [24th August 2011]

THE LAGOS STATE HOUSE OF ASSEMBLY enacts as follows:

1.       Establishment of the Lagos State Parks and Gardens Agency

(1)     There is established the Lagos State Parks and Gardens Agency (referred to in this Law as ‘‘the Agency’’).

(2)     The Agency–

(a)     will be a body corporate with perpetual succession and a common seal;

(b)     may sue and be sued in its corporate name; and

(c)     may hold, acquire, manage and dispose of property for the purposes of discharging its functions under this Law.

2.       Composition of the Agency

The Agency shall consist of a Chairman and five (5) members from the public who will be appointed by the Governor on the recommendation of the Commissioner.

3.       Functions of the Agency

The Agency will—

(a)     administer, maintain and manage all designated parks and gardens in the State;

(b)     charge appropriate fees for the use of facilities provided where necessary in the State parks and gardens;

(c)     carry out the general directives and policies of the Government in respect of the development, maintenance and management of parks, recreation centres, gardens, playing grounds and open spaces in the State;

(d)     grant permits on the payment of the prescribed fees to any club, association or similar body or to any person, for the purpose of holding galas, competitions, tournaments and similar events exclusively in any of the open spaces in the parks or gardens managed by the Agency;

(e)     regulate the hours of use of the open spaces in the State parks and gardens by members of the public;

(f)      provide and maintain adequate security and environmental sanitation facilities for the State parks, gardens, open spaces and recreation centres;

(g)     promote afforestation in all ramifications in the State;

(h)     enumerate and tag all trees within the State inclusive of those in private tenements;

(i)      monitor and supervise trimmings and felling of trees within the State;

(j)      advise on all matters relating to the greening programme of the State;

(k)     provide funds for the maintenance of parks and gardens; and

(l)      carry out such other assignment as may from time to time be directed by the Governor.

4.       Powers of the Agency

The Agency will have power to—

(a)     enter into contract with the prior approval of the Governor, for the development, maintenance and management of State parks, gardens, recreation centres, playing grounds and other open spaces provided by or vested in the Agency under this Law;

(b)     take-over or acquire, anywhere in the State any land, open space, park or garden for the purpose of development under the provisions of this Law and in accordance with the relevant provisions of the Land Use Act and pay adequate compensation;

(c)     enter into a lease agreement on its properties with any person for any purpose it deems fit with the prior approval of the Governor;

(d)     undertake or sponsor the undertaking of such research as may be necessary for the performance of its functions;

(e)     control and manage all open spaces that are beautified or improved through its activities;

(f)      make, draw, accept, discount, endorse and execute promissory notes, bills of exchange or other negotiable instruments subject to the approval of the Governor;

(g)     accept, acquire and hold any security of any kind in any form;

(h)     solicit for and accept donations in cash or kind towards the realisation of its objectives;

(i)      surrender, re-transfer or re-convey any security held by the Agency, on exchange for another security or on discharge of the security;

(j)      invest any money standing to its credit in any bank approved by the Governor;

(k)     insure its properties against all forms of risk;

(l)      initiate and establish beautification sites within the State;

(m)    create parks and gardens in any part of the State;

(n)     supervise beautification work of various formats in the State;

(o)     monitor compliance with landscaping requirements of the State; and

(p)     create waterfalls/fountains in any part of the State.

5.       Seal of the Agency

(1)     The fixing of the seal of the Agency will be authenticated by the signature of the Chairman or of any other member authorised to act for that purpose by the Agency and by the signature of the Secretary.

(2)     Any contract or instrument not required by law to be under seal including decisions of the Agency, may be executed or signed as the case may be, on behalf of the Agency by the Chairman or any other member duly authorised by the Agency and by the Secretary.

6.       Tenure of Office

Subject to the provisions of this Law, the Chairman and members with the exception of the public officers, will hold Office for four (4) years which may be renewed for a further term of four (4) years only.

7.       Remuneration of Members

The Chairman and members who are not public officers will be paid such remuneration and allowances as may be determined and approved by the Governor.

8. Meetings and Proceedings of the Agency

(1)     The Chairman will convene meetings on reasonable notice, at least four (4) times in a year and at such other times and places as may be determined for transaction of the business of the Agency.

(2)     The Chairman will summon special meetings of the Agency on a request in writing by the Commissioner and if the Chairman fails to convene the meeting, the Commissioner is authorised to do so.

(3)     The Chairman must preside at every meeting of the Agency when present or if absent one of the members present will be appointed to preside.

(4)     The Chairman or the member presiding will have a deliberative vote at a meeting and where there is equality of votes, the Chairman or member presiding will have a casting vote.

(5)     The Agency will have power to make standing orders regulating its proceedings at meetings.

(6)     Where the Agency desires to obtain advice or information from any person on any matter, it may co-opt the person as a member and such person will have rights and privileges of a member but will not be entitled to vote on any issue or count towards a quorum.

9.       Quorum

The quorum at any meeting will be six (6) members including the Chairman.

10 Validity of Proceedings

The validity of any proceeding of the Agency will not be adversely affected by—

(a)     any vacancy in the membership of the Agency;

(b)     any defect in the appointment of a member; or

(c)     reason that a person not entitled to do so took part in the proceedings.

11. Disclosure of Interest

Any member of the Agency who has an interest in any contract or transaction entered into or proposed to be considered by the Agency, must disclose the nature of such interest at a meeting of the Agency which must be recorded in the minutes and the member will not take part in any deliberation or decision of the Agency with respect to the contract or transaction.

12.     Cessation of Office

A member may—

(a)     be removed at any time from office by the Governor for inability to discharge the functions of the office whether arising from infirmity of mind or body or for any act of misconduct; or

(b)     resign his membership by a notice in writing, addressed to the Governor and that member will cease to be a member from the date of acceptance of the resignation by the Governor.

13.     The General Manager of the Agency

(1)     There will be an officer of the Agency to be known as the General Manager who shall be—

(a)     appointed by the Governor; and

(b)     the holder of a recognised degree or a professional qualification in the field of horticulture, landscape architecture, town and country planning, tourism or any other related field satisfactory to the Governor.

(2)     The General Manager will be the Chief Executive Officer of the Agency and will be responsible for the—

(a)     general administration;

(b)     execution of the policies; and

(c)     transaction of its day to day business.

14.     The Secretary and other Staff of the Agency

(1)     The Agency may, subject to the approval of the Commissioner, appoint or employ a Secretary and other category of professional and non-professional staff and agents on such terms and conditions and on such remunerations and allowances as it deems appropriate for the due and proper performance of its functions under this Law.

(2)     The Secretary will be responsible to the General Manager for the general administration of the Agency and the transaction of its day to day business including—

(a)     making arrangements for meetings of the Agency;

(b)     preparing the agenda and minutes of such meetings;

(c)     conveying decisions of the Agency to the members;

(d)     arranging payment of fees and allowances due at meetings and all other matters affecting members of the Agency; and

(e)     performing all other duties as may be specifically assigned to him by the General Manager.

15. Accounts and Audit

The Agency must—

(a)     keep proper accounts and records of its transactions in such form as the Auditor-General may direct in conformity with standard accounting practices; and

(b)     prepare at the end of each financial year, statements of the accounts which shall be audited annually by the Auditor-General or any officer appointed by him/her.

16.     Funds and Resources of the Agency

The Agency will generate its funds and resources from such sums as may be—

(a)     provided by the Government;

(b)     collected or received by the Agency in the execution of its functions under this Law;

(c)     recoverable from branding or sponsorship;

(d)     payable to it from property of whatever kind which may be vested in the Agency;

(e)     funds realised from grants and donations in whatever form.

17.     Annual Estimates

(1)     The Agency must, in accordance with the State Administrative Guidelines, prepare and submit through the Commissioner to the Executive Council not later than 31 December in each year, a report of its activities and operations with a certified copy of the audited accounts of the Agency and the Auditor’s report on same.

(2)     The Agency must prepare and submit to the Commissioner for the Governor’s approval, its annual estimates of revenue and expenditure for the period commencing on the 1st day of January and ending on 31 December of the year, not later than three months to the expiration of the current year.

18.     Power to Borrow

(1)     The Agency shall from time to time, with the approval of the State Executive Council, borrow such sums as it may deem necessary, by way of mortgage or otherwise, for the performance of its functions under this Law.

(2)     An approval given in subsection (1) of this Section may be general or limited and may be subject to conditions to be agreed on by all relevant parties.

19.     Mode of Service

Service on the Agency of summons, Orders or other documents required or authorised to be served on the Agency under the provisions of this Law or any other law may, unless there is express provision to the contrary, be served by delivering same to the General Manager or the Secretary to the Agency, or by sending it by registered post addressed to the General Manager of the Agency at the principal office of the Agency.

20. Designation of State Parks and Gardens

(1)     Any area of outstanding natural beauty, long distance route, open air recreational facility within the State may be designated as a Community Park/Garden, District Park/Garden, Regional Park/Garden or Conservation Area by the Governor from time to time, subject to a resolution of the House of Assembly.

(2)     Without prejudice to the provision of subsection (1) above, a Local Government or Local Council Development Area may, subject to the approval of the Governor, designate an area within its control as a Community Parks or Garden.

(3)     This Law will apply to any area designated in accordance with subsection (1) above and the Agency will have the power to administer such an area as a State Park or State Garden.

21.     Landscaping of Tenement

As from the commencement of this Law, all tenement owners and occupiers must landscape and beautify the perimeter areas of their properties, the neglect, failure and refusal of which will warrant the penalty of Two Hundred and Fifty Thousand Naira (N=250,000.00) or such sums as the State shall incur in doing same on behalf of the tenement, or six months imprisonment or other non-custodial sentence.

22. Tree Planting Anniversary

(1)     As from the commencement of this Law, 14th July of every year is declared a Tree Planting Day in the State.

(2)     A minimum of at least one (1) metre height and three (3) to eight (8) metres distance shall be observed in every planting exercise in the State.

(3)     A major programme shall be organised annually by the Agency in every Local Government/Local Council Development Area where live plants will be given out to every participant to nurture at home and plant in the Gardens, and it should include medicinal plants, orchids and ferns.

23.     Power to make Regulations

The Commissioner charged with the responsibility for the environment may make regulations under this Law subject to the Regulations Approval Law.

24. Offences and Penalties

(1)     A person found—

(a)     spitting, urinating or defecating in any area of the parks, gardens or open spaces;

(b)     loitering or soliciting for illegal purposes, smoking, distributing controlled substances or engaging in disorderly conduct;

(c)     violating other regulations made in accordance wit this Law; and

(d)     littering, polluting or dumping litter or refuse in any park or garden;

commits an offence and be liable on conviction to a fine not exceeding One Hundred Thousand Naira (N=100,000.00) or other fines listed in the schedule to this Law or other non-custodial sentence.

(2)     A person or corporate body found—

(a)     felling trees without obtaining the required permit from the Agency;

(b)     trimming or pruning trees without obtaining the required permit;

(c)     abusing the trees by way of poisoning, illegal tagging, burning, uprooting and ring barking causing damages to the trees;

(d)     digging gardens, laying of cables in the gardens without the required permit from the Agency;

(e)     walking on lawns and gardens instead of designated walkways;

(f)      failing to control animals or allowing animal defecation;

(g)     engaging in unhygienic use of fountains, pools or water in the parks, gardens and open spaces; and

(h)     causing vehicular accidents damaging the parks and gardens,

commits an offence and is liable on conviction to a fine not exceeding One Hundred and Fifty Thousand Naira (N=150,000.00) or other fines listed in the schedule to this Law or other non-custodial sentence.

25.     Repeal

The Lagos State Parks Commission Law Cap. L36 of 2003 is repealed.

26. Interpretation

In this Law, unless the context otherwise requires—

‘‘Auditor-General’’ means the Auditor-General of Lagos State;

‘‘Commissioner’’ means the Lagos State Commissioner charged with the responsibility for the Environment;

‘‘Felling’’ means the process of downing individual trees;

‘‘Governor’’ means the Governor of Lagos State;

‘‘Landscaping’’ means but not restricted to beautify (land, property, etc.) by modifying or enhancing the natural scenery which include planning and planting of gardens and grounds especially so as to produce picturesque and harmonious effect;

‘‘Local Government Area’’ includes Local Council Development Areas;

‘‘Pruning’’ means involving the selective removal of parts of a plant such as branches, buds or roots;

‘‘State Executive Council’’ means the Lagos State Executive Council; and

‘‘State’’ means Lagos State of Nigeria.

26.     Citation and Commencement

This Law may be cited as the Lagos State Parks and Gardens Agency Law and shall come into force on the 24th day of August 2011.

LAWS OF LAGOS STATE

LAWS OF THE FEDERAL REPUBLIC OF NIGERIA