Section 61: Interpretation

In this Act, unless the context otherwise provides:
"Agency" means the Nigerian Environmental Protection Agency established by the Federal Environmental Protection Act;
"assessment by a review panel" means an environmental assessment that is conducted by a review panel appointed pursuant to section 35 and that includes a consideration of the factors set out in subsections 11(1) and (2) of this Act
"Council" means the Federal Environmental Protection Council established by the Federal Environmental Protection Agency Act;
"environment" means the components of the Earth, and includes-
(a) land, water and air, including all layers of the atmosphere,
(b) all organic and inorganic matter and living organisms, and
(c) the interacting natural systems that include components referred to in paragraphs (a) and (b)
"Environmental assessment" means, in respect of a project, an assessment of the environmental effects of the project that is conducted in accordance with this Act and any regulations made thereunder;
"environmental effect" means, in respect of a project,
(a) any change that the project may cause to the environment,
(b) any change the project may cause to the environment, whether any such change occurs within or outside Nigeria, and includes any effect of any such change on health and socio-economic conditions;
"exclusion list" means any list prescribed pursuant to paragraph 61(1)(b), (d) or (e) of this Act;
"federal authority" means
(a) a Minister of the Government of the Federation of Nigeria;
(b) an agency of the Government of Nigeria or other body established by or pursuant to an Act or Law that is ultimately accountable through a Governor of the State of Nigeria in the conduct of its affairs;
(c) any other prescribed body, but does not include the Commissioner in a Local Government;
"Federal Lands" means -
(a) lands that belong to the Federal Government of Nigeria in which Nigeria has a right thereon or has the power to dispose of and all waters on and air space above those lands;
(i) the internal waters of Nigeria within the meaning of the Sea Fisheries Act, including the sealed and subsoil below and the airspace above those waters,
(ii) the territorial sea of Nigeria as determined in accordance with the Nigerian Territorial Waters Act, including the seabed and subsoil below and the airspace above that sea,
(iii) any fishing zone of Nigeria prescribed under The Sea Fisheries Act;
(iv) any exclusive economic zone that may be created by the Government of Nigeria; and
(v) the continental shelf, consisting of the seabed and subsoil of the submarine areas that extend beyond the territorial sea throughout the natural prolongation of the land territory of Nigeria to the outer edge of the continental margin or to a distance of 200 hundred nautical miles from the inner limits as may be prescribed pursuant to an Act, and
(b) reserves, surrendered lands and any other lands that are set apart for the use and benefit of a class of Nigerians by the Federal Government of Nigeria and all waters on and airspace above those reserves or surrendered lands:
"follow-up programme" means a programme for -
(a) verifying the accuracy of the environmental assessment of a project; and
(b) determining the effectiveness of any measures taken to mitigate the adverse environmental effects of the project;
"mandatory study" means an environmental assessment that is conducted pursuant to, section 17 and that includes a consideration of the factors set in section 11of this Act;
"mandatory study list" means the list in the Schedule to this Act and those that may be prescribed pursuant to section 55(1)(c) of this Act;
"mandatory study report" means a report of a mandatory study that is prepared in accordance with the provisions of this Act or any regulations made thereunder;
"mediation" means an environmental assessment that is conducted with the assistance of a mediator appointed pursuant to section 32 of this Act and that includes a consideration of the factors set out in section 11of this Act;
"mitigation" means, in respect of a project, the elimination, reduction or control of the adverse environmental effects of the project, and includes restitution for any damage to the environment caused by such effects through replacement restoration, compensation or any other means;
"prescribed" means prescribed by regulations;
"project" means a physical work that a proponent proposes to construct, operate, modify, decommission, abandon or otherwise carry out or a physical activity that a proponent proposes to undertake or otherwise carry out;
"proponent", in respect of a project, means the person, body or federal authority that proposes the project;
"record" includes any correspondence, memorandum, book, plan, map drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape, machine readable record, and any other documentary material, regardless of physical form or characteristics, and any copy thereof;
"responsible authority" in relation to a project, means a Federal authority that is required pursuant to subsection 14(1) of this Act to ensure that an environmental assessment of the project is conducted;
"responsible Minister" means, in respect of a responsible authority-
(a) in the case of a department or ministry of State, The Minister or Commissioner presiding over that department or ministry, and
(b) in any other case, such Minister or Commissioner as the President or Governor may designate as the responsible Minister or Commissioner for that responsible authority;
"screening" means an environmental assessment that is conducted pursuant to section 19 of this Act and that includes a consideration of the factors set out in section 17(1) of this Act:
"screening report" means a report that summarises the results of a screening.
(2) For the purposes of this Act, a company is controlled by another company if-
(a) securities of the corporation to which are attached more than fifty per cent of the votes that may be cast to elect directors of the corporation are held, other than by way of security only, by or for the benefit of that corporation; and
(b) the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the corporation.