Kaine Agary
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Everyone these days wants to be socially responsible towards our environment and do their part to avoid the day when a big hole in the ozone layer will open up and suck us all out of the Earth, or El Nino will cause a flood akin to Biblical times. We recycle, consume less energy, buy environmentally friendly cars, etc.
Just before the last Presidential Elections in the United States of America, the Mayor of New York City, Michael Bloomberg, endorsed candidate Barack Obama. Bloomberg, who had reserved his endorsement of either candidate, finally gave his nod of approval to Obama, just days before the elections, as New York City sat beaten and bruised in the wake of Hurricane Sandy.
With gas flaring alone, Nigeria’s carbon footprint is quite large. But an urban centre like Lagos also contributes its fair share, and it seems that the state is aware of this and in its small way has jumped on the Green wagon.
One of the ways that the state is “going Green” is by The Lagos State Parks and Gardens Agency Law. The law, which came into effect on August 24, 2011, is a law to “Establish the Lagos State Parks and Gardens Agency and for Connected Purposes.”
The functions of the Parks and Gardens Agency are as follows: “Administer, maintain and manage all designated parks and gardens in the state; charge appropriate fees for the use of facilities provided where necessary in the state parks and gardens; 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; 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; regulate the hours of use of the open spaces in the state parks or gardens by members of the public; provide and maintain adequate security and environmental sanitation facilities for the state parks, gardens, open spaces and recreation centres; promote afforestation in all ramifications in the state; enumerate and tag all trees within the state inclusive of those in private tenements; monitor and supervise trimmings and felling of trees within the state; advise on all matters relating to the greening programme of the state; cause funds for the maintenance of parks and gardens; and carry out such other assignment as may from time to time be directed by the governor.”
These are very ambitious functions, particularly the function to enumerate and tag all trees within the state, inclusive of those in private tenements. The agency has many powers, including the power to solicit for and accept donations in cash or kind towards the realisation of its objectives. They will need this power because the agency has been burdened with many resource-intensive functions that will probably not be top of the state budgeting priority list.
The agency also has the power (with the approval of the State Executive Council) to borrow money, as necessary, to perform its functions.
The law provides for the designation of state parks and gardens in Section 18, which states: “(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 community parks/garden.
“(3) This Law shall apply to any area designated in accordance with subsection (1) above and the Agency shall have the power to administer such area as a State Park or State Garden.
Section 19 covers the landscaping of tenements: “As from the commencement of this Law, all tenement owners and occupiers shall landscape and beautify the perimeter areas of their properties, the neglect, failure and refusal of which shall warrant the penalty of N250,000 or such sums as the state shall incur in doing same on behalf of the tenement, or six (6) months imprisonment or other non-custodial sentence.” The law says 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.”
From the commencement of the Law, July 14 of every year is the state’s Tree Planting Day. The agency will mark the day with a programme and give out plants (including medicinal plants, orchids and ferns) to every participant of the programme to plant and nurture at home.
The offences under the law include the expected littering; unhygienic use of fountains, pools or water in the parks, gardens and open spaces; walking on lawns instead of designated walkways; and spitting, urinating or defecating in any area of the parks, gardens or open spaces.
Also included in the list of offences is the “felling or trimming trees in the state without obtaining the required permit from the Agency.” The offences carry a penalty on conviction of “N50,000 or one year imprisonment or other custodial sentence or to such fine and imprisonment or other non-custodial sentence.”
Really, Lagos State? Must everything be legislated to this extent?
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