AFRICA: WHAT’S DRIVING EHS REGULATORY CHANGE?
impact reporting, waste classification and
management, assessment and disposal of waste
to landfill. This indicates the maturity of South
Africa’s EHS legal structures and its intention to be
ranked among the best in the world with advanced
EHS regulatory frameworks.
Nigeria, which possesses the largest economy
in Africa, published in June 2014 an Occupiers
Liability Bill that will, once adopted, require
companies occupying premises to apply the
common duty of care to all visitors on their
premises. The Occupiers Liability Bill is intended
to encourage companies to be aware of the
dangers within their premises and ensure that they
implement measures to make the premises safe for
all visitors. The Bill, once adopted, will regulate the
obligations of any company occupying or having
control over any fixed or moveable structure,
including any vessel, vehicle or aircraft and any
company occupying or having control over any
premises or structure in respect of damage to
property. Among other things, companies would
have to “be prepared for children to be less careful
than adults”. A warning notice, for example,
would normally be good enough to alert adults to
a potential danger, but not to alert children. If the
company admits children to its premises, it
would have to find other means to ensure
that the child visitor is reasonably safe.
The Bill is similar in its provisions to
the United Kingdom’s Occupiers’
Liability Act of 1957 and this
shows Nigeria’s intentions
to follow in the footsteps of
countries with advanced EHS
regulatory frameworks such as
the UK.
Additionally, in terms of
enforcement and fighting
environmental crimes, the Nigeria
National Environmental Standards
and Regulations Enforcement Agency
(NESREA) announced plans to establish a
National Environmental Security Taskforce under
the guidance of the International Criminal Police
Organisation (INTERPOL). Deriving its inspiration
Enhesa Flash October/November 2014 | www.enhesa.com
from INTERPOL, the Agency also took additional
steps to form a joint partnership with the Nigerian
Military to fight environmental crimes related to
the transport, trade and disposal of wastes and
hazardous substances as well as wildlife and
fisheries. Other regulations foreseen in Nigeria
include the Chemical Waste Management
Commission Bill, the Construction and
Maintenance Bill, Corporate Social Responsibility
(Special Provisions, etc.) Bill, and the Renewable
Energy Bill.
Recent regulatory
developments in other
countries:
• Since June 2014, Algeria has been requiring
companies to comply with new specific
procedures for obtaining permits for the
transport of hazardous waste.
• Guinea adopted a new Labor Code aimed at
improving the health and safety protection for
workers. The Code meets international norms
and includes provisions against workplace
bullying, sexual harassment, child labor among
other things.
hazardous materials.
• Angola adopted regulations that require
companies with activities such as
water abstraction or wastewater
discharge to obtain water use titles.
They also adopted regulations on
the management of operational
discharges from oil activities at sea
or on land.
• Namibia adopted a new legal
framework for the management,
protection, development, use and
conservation of water resources
and intends to introduce
an entirely new mining legal
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