Law

pd_law

PART 1: ADMINISTRATION OF PHYSICAL PLANNING, URBAN DEVELOPMENT AND BUILDING CONTROL IN LAGOS

1.-(1) There is established the following Physical Planning and Development agencies (referred to in till
Law as the "Agencies") to implement the policies of the Ministry: .
(a) The Lagos State Physical Planning Permit Authority (referred to as the "Planning Permit Authority )
(b) The Lagos State Building Control Agency (referred to as the "Building Control Agency"); and
(c) The Lagos State Urban Renewal Agency (referred to as the "Renewal Agency").

(2)The Ministry of Physical Planning and Urban Development (referred to in this Law as The Ministry")
shall be responsible for all Physical Planning, Urban Development, Urban Regeneration and Building (11111
policies of the State.

(3) The Ministry shall have direct responsibility to supervise the Agencies established in subsection (I) ( I
Section and any other Physical Planning Agency as may be established.

2.The Ministry shall be responsible for the -

(a) initiation, formulation of Policies, coordination of programmes and review of all aspect of Physical Planning, Urban Development, Urban Regeneration and Building Control in the State;
(b) Implementation of its policies through the relevant agencies established under the provision of this Law;
(c) preparation and approval of the following hierarchies of Physical Development
Plans:

(i) Regional Plans;
(ii) Sub-Regional Plans;
(iii) District Plans;
(iv) Model City Plans;

(v) Urban/Town Plans;
(Vi) Urban Regeneration Plans;
(vii) Development Guide Plans; and
(viii) Local Plans including layout and subdivision plans;

(d) provision of technical assistance to all government ministries and agencies on matters relating to physical planning, urban development, urban regeneration and building control;
(e) determination of the locations of infrastructural facilities and centres of economic activities in the State;
(f) offering advice on State development projects/programmes with socio-economic and environmental
impacts as may be referred to it from time to time;
(g) formulation of legislations on physical planning, urban development, urban regeneration and building
control in the State;
(h) formulation of guidelines for fostering inter-ministerial, inter- governmental, bilateral and multi-lateral
cooperation on physical planning, urban development, urban regeneration and building control;
(i) adoption of measures for the promotion of physical planning, urban development, urban
regeneration and building control policies in the State;
(j) conducting research on physical planning, urban development, urban regeneration, building
construction and control;
(k) creation and administration of data base for physical planning, urban development, urban
regeneration, building construction and control in the State;
(l) consideration of all matters referred to it by the State Executive Council, other government ministries,
agencies and the general public;

(m) liaising with agencies of other governments including Federal, States and Local Governments in the
execution of its physical planning, urban development, urban regeneration and building control
programmes and projects;
(n) regulating the location, positioning, dimensions, appearance, display and manner in which urban
furniture shall be affixed to land in the State;

(o) prescription of fees chargeable for its services;

(p) executing such other planning, urban development, urban regeneration and building control functions
and duties as may be assigned to it by the Governor.

3. The Commissioner shall have powers to-

(a) review the issuance of Planning Permits by the relevant Authority and Agencies;

(b) direct any relevant Authority/Agency established under this law to seal up any premises for any
alleged contravention of any physical planning, urban development, urban regeneration or building control
law and regulations for the purpose of enforcement and compliance;

(c) direct any relevant Authority/Agency established under this Law to demolish any unauthorised
structure or development on, under, or over any land or sea bed in the State after the issuance of appropriate
notices;

(d) authorise the entry into any premises at reasonable hours of the day for purposes of giving effect to
the provisions of this Law and Regulations made under it.

(e) delegate specific responsibilities and functions for implementation to any Agency established under
this Law and to any other person and;

(f) organise stakeholders meetings for the purpose of deliberating on any matter under this Law.

.4 The assent of the Governor shall be obtained in respect of development of special building projects.

5.- (1) The relevant Physical Planning Agency in the State shall, with the approval of the Commissioner:

(a) set up programmes for the preparation and review of development plans and the review of an
Operative Development Plan which shall take place periodically as may be determined by the relevant
agency;

(b) approve where it considers appropriate, certain plan(s) as shall be drafted and processed for approval
in defined parts;

(c)direct that some sections of the Operative Development Plans be reviewed, revised, redrafted and
processed for approval. •

(2) For the purpose of preparing Development Plans in the State, the Ministry or relevant Agency shall from
time to time invite relevant stakeholders including Ministries, Agencies, Non-Governmental Organisations,
Professional Bodies and Individuals for the purpose of considering any matter relating to physical planning
and urban development.

6.- (1) Notice shall be given in the Official Gazette and in at least two daily newspapers circulated within the
State and by other specified means, of the date on which preparations shall commence for a draft plan or for
reviewing an Operative Development Plan or part of it and the Official Gazette Notice shall, where
appropriate, provide the following information:

(a) the location, boundary, geographic co-ordinates and description of the proposed area for the
Development Plan(s);
(b) a general description of the type(s) of development proposed and working populations;
(c) matters which could be contentious; or
(d) any other matter of public interest.
(2) After the publication of a draft Development Plan, the Ministry or relevant agency shall ensure that there
is:

(a) acknowledgement of all written submissions which shall be kept on record until the draft
Development Plan becomes the Operative Development Plan;

(b) consideration of all written submissions, relevant information and suggestions;

(c) convening of public meetings, public hearings and interviews to discuss and decide on the
relevance of written comments it considers necessary; and
(d) submission of all written comments together with a summary of such comments on the draft plan.

(3) On receipt of the draft Development Plan, the Ministry or the relevant Authority/Agency shall:

(a) direct that specific amendments be made to meet requirements which are considered necessary
in the public interest; and

(b) approve that the draft Development Plan, as submitted or as amended in accordance with its
directions as stated in paragraph (a) of this subsection, is suitable for exhibition.

7.-(1) A draft Development Plan or part of it shall be made available for public inspection at the Ministry
and the Agencies' offices between the hours of 9.00 a.m. and 4.00 p.m. on working days for a period of
twenty-eight (28) days.

(2) During such period, the plan shall be advertised in at least two daily newspapers circulated within
the State and in specified media stating the places and hours at which the Plan may be inspected.

(3) A copy of the draft Development Plan shall be available to any person on the payment of a
prescribed fee as may be specified from time to time.
8.-(1) During the period of exhibition of the draft Development Plan as set out in Section 7 of this Law,
any member of the public including Non-Governmental Organizations, State Ministries, Agencies, Local
Governments and Professional Bodies, may submit to the Ministry or the relevant Agency, written statements of
their objections which shall;
(a) define the nature and reasons for the objection(s);
(b) suggest alterations and amendments that could be made to resolve the objection(s).

(2) Such suggestions shall be made by the objector personally or through the relevant and
appropriately registered professionals as advocate to the objector.
(3) All written statements of objections shall be acknowledged.

9.-(1) The Ministry or relevant Agency shall prepare schedules of summaries of the objections,
comments and suggestions submitted to it.

(2) Such schedules shall be submitted within twenty-eight (28) days after the final day of exhibiting
the draft Development Plan

10. The Ministry or relevant Agency shall within sixty (60) days after final date of exhibiting a draft
development plan, consider the schedules of objections and comments submitted to it.

11.- (1) The Ministry or relevant Agency may give preliminary consideration to any objection in the
absence of the objector and may propose amendments to the draft Plan in the public interest.
(2) Notice of such amendment shall be served in writing on the objector.
(3) An objector may notify the Ministry or relevant Agency in writing within fourteen (14) days after

service of notice under subsection (2) of this section that his objection is withdrawn on the
condition that the amendment as proposed by the Ministry or relevant Agency has nullified his
objection failure of which, such objection shall cease to hold.

12.-(1) Where an objection has been conditionally withdrawn and the Ministry or relevant Agency does
not proceed with the proposed amendment, the written statement of objection shall be considered at a
(2) The objector shall be given reasonable notice of such meeting, which he or his representative may
attend and shall be heard.

13.-(1) Where an amendment appears to affect any approved land use or development project which has
been granted development permit, notice of such amendment shall be given to the applicant by registered
post or advertisement or other practicable means.

(2) Any written objection received within fourteen (14) days after giving notice under subsection (1)
shall be considered at a meeting of the Ministry or relevant Agency where the objector, other
objectors or their representatives may be present and shall be heard.

(3) Upon the consideration of any objection in accordance with subsection (2) of this Section, the Ministry
or relevant Agency may reject the objection in whole or in part or may cause amendments to be made to the
draft Development Plan in order to wholly or partially satisfy such objection.
(4) The final decision of the relevant Agency shall be communicated in writing to the parties within a week
from the date of the decision.
14.-(1)" The Commissioner shall preside at any meeting for the consideration of a Development Plan in the Ministry.
(2) The Commissioner on the advice of the General Manager of the relevant Agency shall call for a
meeting for the consideration of any Development Plan.
(3) The General Manager shall preside at any other meeting of the relevant Agency.

15.-(1) The draft Development Plan made under Section 5 of this Law may be amended after exhibition,
but only before it is approved by the Commissioner on the advice of the relevant agency.

(2) Every amendment to a draft Development Plan made under Section 6(3) of this Law shall be exhibited
for public inspection between the hours of 9.00 a.m. and 4.00 p.m. on working days for a period of fourteen (14) days and during such period be advertised in at least two (2) daily newspapers circulated within the
State.

(3) A copy of an amended draft Plan made under this Section shall be made available to any person on
payment of such fee as may be prescribed from time to time.

16. Any person affected by an amendment to a proposed draft Development Plan made under this Law
may make an objection within a period of twenty-one (21) days in the manner provided for under Section 8
of this Law.

17. After the consideration of objections of the draft final Development Plan, with or without amendments
shall be submitted to the Commissioner for approval together with:
(a) any objection made and not withdrawn;
(b) a schedule of the amendments made, if any, with a view to meeting such objections; and

(e) copies of the minutes of meetings and hearings held in relation to the consideration and hearing
of the objections and amendments of the draft Development Plan.

18.-(1) Subject to the provisions of this Law upon the submission of a final Development Plan, the
Commissioner on the advice of the relevant Agency may:

(a) approve it in part;
(b) approve it in hole;
(e) decline approval; or

(d) refer it to the relevant Agency for further consideration and amendment of the whole or part
thereof.
(2) A Final Development Plan approved under this Law shall be referred to as an "Operative Development
Plan" and a notice to this effect shall be published in the State Official Gazette and two (2) daily newspapers
or published in any other suitable manner as may be prescribed by the Agency.

19. There shall be a Notice in the Official Gazette of intention to correct any omission or error in any
Operative Development Plan as well as due publicity for the correction or omission.

20. -(1) Copies of the Operative Development Plan, duly signed by an Development Plan authorised
officer, shall be deposited in the Ministry, and with other organs of government responsible for its

26

implementation, execution, administration, enforcement and compliance and such plans shall be available
for inspection between the hours of9.00 a.m. and 4.00 p.m. on working days.

(2) Copies of the Operative Development Plan shall be made available for sale at a price to be determined
by the Ministry.

21.- (1) The Commissioner on the advice of the relevant Agency/ Authority may:
(a) revoke in whole or in part, any Operative Development Plan
(b) refer any Operative Development Plan or part of it to the relevant Agency for:
(i) replacement by a new Development Plan or part of it or,
(h) Amendment.

(2) Notification of any revocation under subsection (1) of this section shall be published in the Official
Gazette and indicated on all the copies of the Operative Development Plan deposited for inspection as
required by Section 20 of this Law, as well as any other means of communication or publicity.

(3) With reference to subsection (l)(b) of this Section, a replacement or amendment of an Operative
Development Plan or part of it shall be prepared, approved and deposited in accordance with the provisions
of this Law.

(4) An Operative Development Plan referred for review and amendment shall be replaced by a new
Operative Development Plan or read as one with any approved amendment, as the case may be.

22.-(1) All government agencies involved in processing applications for planning permit shall comply
with the provisions of the Operative Development Plan.

(2) All applications for planning permit shall comply with the provisions of the Operative Development
Plan.

23. Without prejudice to Section 5 (1) of this Law, the review of an Operative Development Plan shall be
undertaken every five (5) years.

PART 2: LAGOS STATE PHYSICAL PLANNING PERMIT AUTHORITY

24. There is established the Lagos State Physical Planning Permit Authority (referred to in this Law as the
Planning Permit Authority").

25.-(1) There shall be appointed by the Governor for the Planning Permit Authority a General Manager who
shall:

(a) be a holder of a recognized qualification and professional registration in Town Planning; and
/4.-
(b) who shall have not less than fifteen (15) years cognate post professional registration experience.

(2) The General Manager shall be the Chief Executive Officer of the Planning Permit Authority and shall be
responsible for the-

(a) general administration; and
(b) execution of the functions conferred on the Planning Permit Authority under this Law.

26. The Planning Permit Authority shall be responsible for-

(a) Processing and issuance of all planning permits in the State subject to the provisions of this Law
and Regulations made pursuantto this Law;

(b) Monitoring and ensuring compliance with the provrsrons of approved and Operative
Development Plans, Approval Orders and Regulations made under this Law;

(e) Establishing District Planning Permit Offices for the discharge of its functions with the approval of
the Governor on the recommendation of the Commissioner;

(d) Establishing Local Planning Permit Offices in cooperation with the Local Governments and Local
Council Development Areas for the discharge of its functions at the Local Government level with
the approval of the Governor on the recommendation of the Commissioner;

(e) Preparation and periodic review of the following categories of Physical Development Plans:

(i) District Plans;

(ii) Development
Guide Plans;
(iii) Town Plans; and
(iv) Local Plans.

(f) Referring any plan prepared by it to the Ministry for the purpose of obtaining the approval of the Commissioner;

(g) Keeping records of planning permit applications granted, rejected or withdrawn and publication
of the lists in the State Official Gazette;

(h) Evaluation of Physical Planning Technical Report in consultation with the Ministry;
~ ,
(i) Preparation and review of physical planning regulations in consultation with the Ministry;

(j) Cooperating with the Building Control Agency to achieve zero tolerance of illegal developments;

(k) Engaging in stakeholder consultations, enlightenment and publicity;

(l) Operational control and supervision of its District Planning Permit Offices and Local Planning
Permit Offices;

(m) Exercise other powers as may be conferred on it by Regulations made pursuant to this Law.

27.-(1) The permit of the Planning Permit Authority shall be required for any physical development in the
State.

(2) A developer of any building above two floors shall insure his/her liability in respect of construction
risks and submit a certified true copy (C.T.C) of such Insurance Policy Certificate with his/her application for
planning permit.

(3) A developer shall make provision for access, safety and toilet facilities for physically challenged
persons in all public and commercial buildings.

28.-(1) A developer (whether private or government) shall apply for a planning permit in such manner
using such forms and providing such information and documents as may be prescribed by the Regulations
made under this Law.

(2) An application made under this Law shall comply with all requirements and standards of an Operative
Development plan of which it is a part.

(3) A plan required to be made under this Law shall be prepared by the appropriate registered
professional and shall be in accordance with the provisions of the Regulations made pursuant to this Law.

(4) An application for a planning permit to develop or partition a structure or subdivide or partition land shall be in conformity with the Planning Regulation made pursuant to this law.

(5) Any Planning Permit granted shall satisfy the provisions of the State Land Policy and the Land Use Act.
6. No development shall be commenced by any government or its agencies without obtaining a permit from the Planning Permit Authority
29. The Planning Permit Authority may approve or reject an application for planning permit

30. The Planning Permit Authority may approve or reject an application for Planning permit.

31. 1. Application for a planning permit may be rejected if -

(a) The application is not a accordance with the Operative Development Plan;
(b) In the opinion of the planning permit Authority, the proposed development is likely to cause nuisance or have major impact which cannot be adequately mitigated on the environment, facilities, or inhabitants of the community or in the public interest; or
(C) the development is not in accordance with any other condition as may be specified by Regulations made under this Law

32. The planning authority may if circumstances so require delay the approval of an application for planning permit until the developer

(a) Satisfies the following conditions;
(i) provision of infrastructure and services facilities
(ii) Provision of necessary commercial facility;
(iii) provision of necessary social, recreational and communal facilities; or
(iv) payment of a sum of money in lieu of the Planning Permit Authority

provison of

(b) enters into an agreement with an individual, corporate or unincorporated body in respect of any
matter which the Planning Permit Authority deems to be necessary for the development;
(e) pays such fees or other charges as prescribed by the Planning Permit Authority; and,
(d)complies with any other condition stipulated by Regulations made under this law.
(2) In reaching its decision under sub-section (1) of this Section, the Planning Permit Authority shall comply with,
(a) the policies and proposals of an operative Development Plan applicable to a locality within its
area of jurisdiction;
(b) a proposed plan or an approved plan under review; and
(c) any other consideration made particular and applicable to a locality by Regulation made under
this law.
(3) The Planning Permit Authority may delay the approval of an application for planning permit for a
period of time not exceeding three (3) months from the date of submission of the Application.

(4) The decision of the Planning permit Authority on an application for a planning permit shall be
communicated to the applicant in writing not later than three (3) months from the date of submission of the application.
(5) Where the Planning permit Authority decides not to approve an application it shall give reasons for
its decision in writing.
(6) The decision of the Planning Permit Authority shall be evidence of information stated in it
33. The Planning Permit Authority may consider representations made to it by a person, body or
organization to be affected by an intended development
34. The Planning Permit Authority may under this Law grant a permit with or without conditions to an
applicant in respect of the following:
(a) use and development of land;
(b) change in the use of land, seabed or structure of part of structure,
(c) alteration of an Approved Development Plan;
(d) renovation of existing approved building structures
(e) Demolition of the existing structure by the owner/developer
35. Any approval granted under this Law by the Planning Permit Authority, shall be referred to as "Planning Permit"

36. The holder forthe time being of a planning permit shall comply ~ith the contents of the permit.

37.-(1) Any Planning Permit granted in respect of any development on any land shall be deemed valid.

(2) A Planning Permit shall become invalid where development has not been commenced within two (2)
years of the grant of such permit. i#r

(3) Where a developer fails to commence development within two (2) years, the planning permit shall be
subject to revalidation by the Planning Permit Authority on the payment of prescribed fees provided that the
Operative Development Plan has not been amended, varied or altered as provided for in this Law.

(4) A Planning Permit shall not be deemed to confer ownership of the land and the applicant

38. The Planning Permit Authority shall enforce all the rights and duties attached to a planning permit,
against a developer provided that, where a developer transfers or assigns his interest, the Planning Permit
Authority shall enforce all the rights and duties attached to a planning permit against a holder or occupier
forthe time being.

39.-(1) The Planning Permit Authority shall keep a register or records of all applications for Planning
Permit submitted to it.

(2) The lists of Planning Permits issued shall be published in the State Official Gazette.

40.-(1) The Planning Permit Authority shall grant planning permit subject to the preservation of existing
trees or greenery or planting of new trees or greenery on the site of development by the imposition of
necessary conditions.

(2) Without prejudice to the provisions of any existing Law under the subject matter, the Planning Permit
Authority shall make "Tree Preservation and Greenery Orders" for securing such amenities within its area of
jurisdiction.

(3) If it appears to the Planning Permit Authority that the amenities or part of an area or an adjoining area
is seriously injured by the condition of a garden, vacant site or open land, the Planning Permit Authority shall
serve on the occupier or owner of such land a notice requiring such steps to be taken for abating an injury
within such period oftime as may be specified in the Notice.

(4) The Notice referred to in subsection (3) of this Section shall contain a period of Thirty (30) days within
which such injury shall be abated, failure which the garden, vacant site or open land may be acquired by the

PART 3 STATE GOVERNMENT SUBJECT TO THE PROVISION OF LAND USE ACT

41. Any Planning Permit granted under this Law may be revoked in part or in whole on any of the following
grounds:
(a) the proposed development and uses for which the Planning Permit was granted are no longer
appropriate;
(b) the site for which the Planning Permit was granted is required for overriding public purpose;
(c) the Planning Permit was obtained fraudulently;
(d) the developer ar owner of the Planning permit has developed in excess of the approval granted or,
has not complied with the terms and conditions under which the permit was granted;
(e) the permitted development or use has been modified, altered, varied, added to or renovated
without permit; or
(f) the permitted development has not complied with bui1ding control standards.

42.-(1) The State Govern ment shall pay compensation for the revocation mentioned in Section 41 (a) and
(b) to the extent of all Reasonable costs that may have been incurred by the owner or developer if:
(a) development has commenced;
(b) the developer or owner is liable under an existing contact to a third party for damages for a
breach of contract; or .
(c) the developer has incurred any expense or has suffered a loss during the process of obtaining the
Planning permit.
(2) compensation shall not be paid for the revocation mentioned in Section 41( c), (d) , (e) and (f).

43.-(1) The amount of compensation payable under this Law shall be such as to reimburse the develope,
or holder for the time being of a planning permit for the losses incurred on the deveiopment as a result of
the revocation and shall not be in excess of the sum incurred by the developer.

(2) No compensation shall be payable under this Section if:

(a) the right of occupancy of the land on which a development was to take place has been cancelled
or revoked on the grounds that the applicant did not comply with the requirements of the Land Use
Act; or

(b) a claim for compensation is not made within ninety (90) days after a notice of revocation is served
on the holder for the time being of a planning permit.

44. Compensation payable under this law shall be paid not later than ninety (90) days after a claim for
compensation has been made.

PART 4: THE LAGOS STATE BUILDING CONTROL AGENCY

45. There is established the lagos State BUilding Control Agency (referred to in this law as the "Building
Control Agency").
46.-(1) There shall be appointed by the Governor for the BuiIding Control Agency a General Manager who
shall be-

(a) a holder of a recognized qualification and professional registration in architecture. civil/structuraI
engineering or building; and
(b) who shall have not less than fifteen (15) years cognate post professional registration experience
(2) The General Manager shall be the Chief Executive Officer ofthe Building Control Agency and shall
be responsible for the-
(a) general administration; and
(b) execution of the functions conferred on the Building Control Agency under this Law.

47. The Building Control Agency shall be responsible for the:
(a) enforcement of building control regulations;

(b) regulation and inspection of building works and, certification of various stages of building
construction and keeping of such records;

(c) removal of illegal and non-conforming buildings;
(d) identification and removal of distressed buildings to prevent collapse;
(e) issuance of Certificate of Completion and Fitness for Habitation;
(f) provision of building services such as material evaluation and testing, fire and public health
control;
(g) establishing Local Building Control Offices in cooperation with the Local Governments and Local
Council Development Areas for the discharge of its functions at the Local Government level with the
approval of the Governor on the recommendation of the Commissioner;
(h) administration of building construction control in all its ramifications;
(i) conduct of research in building construction, maintenance and control;
(j) cooperating with the Planning Permit Authority to achieve zero tolerance of illegal developments;
(k) operational control and supervision of its Local Building Control Offices;
(l) enforcing the provisions of this Law and any regulations made under this Law in respect of
inspection of buildings, verification and certification of building insurance; and
(m) carrying out of public enlightenment on building control.
(n) exercising other powers as may be conferred on it by this Law and the Regulations made under
this Law.
48.-(1) A developer or owner of a construction involving a structure of more than two (2) floors shall at
the time of submitting his application to commence building works to the Building Control Agency submit a
General Contractors All Risk Insurance Policy Certificate.
(2) An owner or occupier of a building shall within thirty (30) days of service of demand notice,
produce the Certificate of Insurance to the Building Control Agency for verification and on an annual
basis.

(3) An owner of a building or structure existing and in use before the commencement of this Law shall
within three (3) months of its commencement submit the Certificate of Insurance to the Building Control
Agency for verification.

PART 5: URBAN RENEWAL,IMPROVED AREAS, REHABILITATION AND UPGRADING

49. There is established the Lagos State Urban Renewal Agency (referred to
in this Law as the "Renewal Agency").

50.-(1) There shall be appointed by the Governor for the Renewal Agency a General Manager who shall-

(a) be a holder of a recognized qualification and professional registration in town planning; and

(b) who shall have not less than fifteen (15) years cognate post professional registration experience.

(2) The General Manager shall be the Chief Executive Officer of the Renewal Agency and shall be responsible
forthe-

(a) general administration; and

(b) execution of the functions conferred on the Renewal Agency under this Law.

51. The Renewal Agency shall be responsible for-

(a) monitoring and identifying areas qualified for upgrading and advising the State Government on
redevelopment or renewal programmes accordingly;

(b) preparing and implementing approved State urban upgrading and urban redevelopment projects;

(e) holding, administering, and maintaining government acquired properties within redevelopment
or renewal project areas.

52. Where a Development Plan prepared by the Renewal Agency in accordance with Section 5 to Section
17 has been approved under Section 18 of this Law, the Renewal Agency may exercise the power set out in
this partforthe purpose of assisting in the implementation ofthat plan.

53.-(1) The Renewal Agency may after the Plan has been approved by an order published in the Gazette,
designate and declare any part of the area for which such plan has been made to be an "Improvement Area"
for the purpose of rehabilitating, renovating, and upgrading the physical environment, social facilities and
infrastructure of the area.
(2) The rehabilitation, renovation and upgrading may be brought about through the combined
efforts of the residents of the area concerned and the Renewal Agency.
(3) The Renewal Agency shall before declaring an area to be an improvement area, satisfy itself that
the purpose set out in subsection (1) of this Section is reasonably likely to be achieved.
54.-(1) The Renewal Agency shall before declaring any part of an area to be an improvement area:
(a) use its best endeavour to inform the residents of the proposed improvement area by such means
as it deems fit of the:
(i) purposes and intents of the proposed improvement;
(ii) powers vested in the Renewal Agency; and
(iii) facilities which would be made available and benefits to be derived by the areas;
(b) hold meetings with the Local Government ofthe area or any other associations in the area to:
(i) ascertain the views of the residents on the proposed improvement area and the exercise of
powers relating to it;
(ii) set up liaison or consultative committees between the Renewal Agency and representatives of
the resident to monitor the progress of the rehabilitation, renovation or upgrading in the area;
(c) inform other relevant statutory authorities of the proposed improvement area and invite their
views and comments on it;
(d) take into account the views and comments made under paragraphs (b) and (c) of subsection (1) of
this Section and from other interested parties on the proposed improvement area.

(2) The Renewal Agency shall, after declaring an area to be an improvement area:
(a) hold regular meetings with the committees established under subsection 1 (b) (ii) of this Section;

(b) assist or join other persons in assisting a resident or group of residents within the area to draw up
and implement plans for the improtilment of the neighbourhood;

(c) generally advise and assist the residents of the areas to take full advantage of the improvement
concerned.
55.-(1) The Renewal Agency shall, in an improvement area, have power to:

(a) prepare an improvement area plan showing what ways and over what period of time the area is to
be improved and may, where necessary include a plan for the redistribution of rights of occupancy of
parts of land within the area or part of it;
(b) grant, guarantee or otherwise facilitate the granting of loans to a person or group of persons to;

(i) assist in the improvement, repair or renovation of houses within the area as may be directed
by the Renewal Agency; or
(ii) provide, improve, repair or renovate social and communal facilities within the area;

(c) subject to the provision of this Law, demolish or order the demolition of a building or part of it and,
where appropriate, recover the cost of the demolition from the owner of the building or part of it;

(d) improve, repair or renovate or order the improvement, repair or renovation of a building or part of
it and where appropriate, recover the cost of the improvement or repair from the owner of the building
or part of it; and

(e) pay compensation within 90 days on such terms and conditions as may be prescribed, to a person
who suffers a loss or damage through the exercise of its powers in the area.

(2) The Renewal Agency shall have power to enter into agreement with persons or body corporate for the
purpose of implementing its improvement plans.

56.-(1) The power of the Renewal Agency to demolish or order the demolition of a building or part of it
under this Law may not be exercised unless:
(a) the building falls so far below the standard of other buildings used for habitation in the areas that
it is likely to become a danger to the healthnf occupiers of adjacent buildings;
(b) the building is in such a state of disrepair that it is likely to become a danger to public safety and
cannot be repaired at a reasonable cost;
(c) two or more contiguous buildings are badly laid out and so congested that without the
demolition of one or more of them that part of the improvement area cannot be improved; or
(d) it is in connection with the provision of infrastructural facilities and other services for the area.

57.-(1) The Renewal Agency shall before ordering the repair, demolition or renovation of a building or
part of it:
(a) inspect the building or part thereof to ascertain its condition and situation;
(b) where the proposed order is for a repair of a building or part of it prepare a schedule of necessary
information which shall inform the owner or occupier of the building-
(i) of the proposed order and the reasons for it;
(ii) the date, time and place where the Renewal Agency shall consider any representation or
objections to the proposed order; and
(iii) of such other matters as may be prescribed by Regulations;
(e) affix a notice of the proposed order on a conspicuous part of the building to which the order
relates;
(d) appoint a committee of members of the Renewal Agency to hear, consider and report on any
representation or objection which may be made orally and in writing by the owner or occupier or his
duly authorised representative; and
(e) where the proposed order is for the demolition of a building or part of it, prepare an estimate of
the compensation payable to the owner or occupier of the building.

(2) Where the Renewal Agency; after consideration of the report of the committee appointed under
paragraph (d) of subsection (1) of this Section confirms the proposed order with or without modifications or
alterations, it shall serve a notice of the order and the reasons for it in such form as may be prescribed by
regulations on-
(a) the owner or occupier of the building; or
(b) the person who made representations or objections to the proposed order.

(3) An aggrieved owner, occupier or interested party of a building which is the subject of a demolition
order, may appeal against the order as provided under Part vii of this Law.
(4) An order made under this Section shall take effect where:
(a) there is no appeal against the order, at least 28 (twenty-eight) days after;
(i) its service on the owner or occupier of the building; or
(ii) the appeal has been finally determined or dismissed.

(5) The Renewal Agency shall not enter to repair, renovate or demolish a building or part thereof
which is the subject of an order until:
(a) after the period stated in the notice of the proposed order has expired, or
(b) where there is an appeal against the repair, renovation or demolition, until the appeal has been
finally determined or dismissed.

58.-(1) Where, under this Law, the Renewal Agency proposes to demolish a building or part thereof used
for human habitation it shall make recommendations through the Commissioner to the Governor for the
acquisition of the property.
(2) Compensation shall be payable to the owners or developers as provided for under the Land Use Act.

PART 6: ENFORCEMENT

59. Enforcement Notices shall include the following:

(a) Contravention Notice;
(b) Stop Work Order;
(c) Quit Notice;
(d) Seal-up Notice;
(e) Regularization Notice; and
(f) Demolition Notice

60.-(1) The relevant agency may serve enforcement notices on the owner of a private or public, residential,
commercial, industrial, Institutional, recreational or any other land use wherever any development is
commenced without planning permit and building control authorization or, where the building constitutes
danger to the occupier or public or, where the building is affected by a renewal programme.
(2) An enforcement notice may be issued under subsection (1) of this Section, notwithstanding that the
unauthorized development, renovation, alteration, repair or addition took place before the
commencement of this Law.
(3) An enforcement notice served under subsection (2) may direct the developer or owner to obtain
planning permit or building control authorization or alter the structure to be in conformity with building
regulations within ninety (90) days of the Contravention Notice.
(4) An enforcement notice served under subsection (1) of this Section may direct the developer or owner
to alter, discontinue or remove a development.
61.-(1) Before serving an enforcement notice in accordance with the provisions of subsection (3) of Section 60 the relevant agency
shall:

(b) a development does not comply with a planning permit issued by the relevant agency; or

(c) a development is defective or poses danger to the owner, contractor, occupier, or the public or,
constitutes a nuisance to the occupier or public, the relevant agency shall issue a Stop-Work Order on
the owner, occupier, or contractor or holder for the time being of a development pending the service
of any other enforcement notice, and ~uch owner, occupier, etc. shall immediately cease any further
development or use of the development.

(2) where a development or use is a minor development or use, the relevant Agency shall have the
power to order the developer to discontinue, alter, or remove the development or use.

67. Where enforcement notice is served in respect of a development to which a stop work order is served,
the Appeals Committee may on the application of the relevant agency extend the period of time for which a
stop work order shall remain in force.

68. Every enforcement notice served as provided in this Law shall take immediate effect upon service on a
developer, occupier, contractor or owner of the development for the time being.

69. Any person who fails to comply with the terms of enforcement notice issued and served under this
Law shall be guilty of an offence and liable on conviction to a fine as specified in this Law and Regulations
made under this Law.

70.-(1) Where a developer contravenes the provisions of this Law or any Regulation made under it, the
relevant agency shall have power to require the developer to-

(a) submit an application for planning permit and building control authorization; or

(b) carry out such alterations to the building as may be necessary to ensure compliance; or

(c) pull down the building; or

(d) reinstate a piece of land to its prior state.

(2) Where a developer fails to comply with the provisions of subsection (1) of this Section, the relevant
agency shall carry out demolition of the structure without further notice, and recover cost of demolition
from the owner or developer.

(3) Where the owner or developer refuses to pay the cost of demolition within 3 (Months) of service of a
demand notice, such property shall be forfeited to the Lagos State Government.

71.-(1) The Building Control Agency shall have powers to serve on a developer or holder for the time
being of a planning permit, a demolition notice if a structure erected by the developer or holder of the
permit is found to be defective as to pose danger or constitute a nuisance to the occupier or public.

(2) Notice served in sub-section (1) of this Section shall contain a date not later than 21 (twenty-one) days
on which the Building Control Agency shall take steps to commence demolition of the defective structure.

72.-(1) After the expiration ofthe time specified in the notice served under sub-section (2) of Sec t ion
71 of this Law, the Building Control Agency shall demolish the defective structure and recover cost of
demolition from the owner or developer.

(2) Where the owner or developer refuses to pay the cost of demolition within 3 (three) months of service
of a demand notice, such property shall be forfeited to the State Government.

73. The relevant agency shall have power over any abandoned building in the State in the following ways:

(a) seal up the propertyto prevent its conversion by unauthorised persons;

(b) unseal the property upon satisfaction that it is structurally stable; or

(c) unseal the property where the owner or developer submits a written application supported by an
affidavit that he is ready to continue further development or reoccupy the building within fourteen (14
) days of the unsealing; or

(d) make the owner of the structure pay penal fees to be determined from time to time before such
structure is unsealed.

74. In the event ofthe collapse of any property or structure due to negligence on the part of the owner, or
the developer, such property shall be forfeited to the State Government after due investigation and or
publication in the State Official Gazette.

75.-(1) Any person who contravenes the provisions of this Law and Regulations made pursuant to this Law
is guilty of an offence and shall be liable on conviction to a fine not exceeding the sum ofTwo Hundred and
Fifty Thousand Naira (N250,OOO.OO) or One (1) month of Community Service or both.

(2) Any person who breaks any seal or, removes any marking placed upon any property by or with the
orders of the relevant agency commits an offence and shall on conviction be liable to a fine not exceeding
the sum of Five Hundred Thousand Naira (N500,OOO.OO) or two (2) months Community Service or both.
(3) Any person who fails to insure his building as required under this Law commits an offence and shall on
conviction be liable to a fine not exceeding the sum of Two Hundred and Fifty Thousand Naira (
N250,OOO.OO) or one (1) month Community Service or both.
(4) Subject to any restrictions or conditions prescribed by the Constitution or any other law, a Magistrates'
Court shall have jurisdiction and powers in respect of trial of offences contained in this Law or Regulations
made pursuant to this Law.
(5) Where any cost is incurred by the relevant agency in the course of demolition or removal or
enforcement of compliance, such cost shall be assessed and communicated in writing to the owner, builder,
developer, occupier or any other person responsible for the illegal structure demanding for reimbursement
of the cost.
(6) Any person who fails to pay the assessed cost of demolition shall be guilty of an offence and be liable to
a fine not exceeding the sum of One Hundred Thousand Naira (N100,OOO.OO) or one (1) month Community
Service in addition to the payment of the assessed cost referred to in subsection (5) of this Section.
(7) Where an offence under this Law is committed by a body corporate, the fine on conviction shall be
twice the fine imposed for the commission of such offence or payment of a fine not exceeding the sum of
Two Hundred and Fifty Thousand Naira (N250,OOO.OO) where there is no option of fine.
(8) Where the act constituting an offence under this section continues after the service of the relevant
notices, the offender upon conviction in addition to the penalty for the offence shall be liable to additional
fine not exceeding One Thousand Naira (N1000.00) for every day the offence continues.
(9) For the purpose of this Section, "any person" shall include an owner, his servants, agents or privies, a
developer, an independent contractor, architect, engineer or builder and each of these persons who
knowingly participated in contravening the provisions ofthis Law or any Regulation made under this Law.

PART 7: ACQUISITION OF LAND AND COMPENSATION

76.-(1) Where it appears to the Commissioner that it is necessary to obtain any land in connection with
planned urban or rural development in accordance with the policies and proposals of any Operative
Development Plan, any right of occupancy subsisting on that land may be revoked on recommendation to
the relevant agency.

(2) Any right of occupancy referred to in subsection (1) of this Section shall be revoked only in accordance
with the relevant provisions of the Land Use Act.

77.-(1) All matters connected with the payment of compensation for the revocation of a right of
occupancy under this Part shall be governed in accordance with the relevant provisions of the Land Use Act.

(2) Any compensation payable as a result of the revocation of a right of occupancy under this part
shall be paid within twenty-eight (28) days.

(3) Where in the opinion of the relevant Agency, a person has committed a gross contravention of an
existing scheme, the land together with the building on it may be forfeited for the breach of the scheme
under this Law without payment of any compensation.

78. Notwithstanding any provision of this Law, the relevant agency may when it deems it necessary:

(a) facilitate the execution of the Operative Development Plan;

(b) make payment or reasonable compensation to any person who had developed or who is carrying
on lawful development who sustains a damage or suffers any loss while if his land is affected by-

(i) injurious affection; or

(ii) disturbance; or

(iii) displacement in order to give effect to any provisions of this Law or Regulations made under
the Law.

PART 8: APPEALS AND OTHER MATTERS

79.-(1) There is established a body to be known as the Physical Planning and Building Control Agency
Appeals Committee (referred to in this Law as "the Appeals Committee").

80.-(1) The Chairman and members of the Appeals Committee shall be appointed by the Governor on the
recommendation of the relevant professional bodies.

The Appeals Committee shall comprise of;

(2) The Chairman who shall be a registered professional in the built environment with at least fifteen (15)
years cognate post registration experience.

(3) The following members who shall be registered members of the relevant professional bodies with not
less than ten (10) years cognate post registration experience:

(a) a town planner;
(b) an architect;
(e) a legal practitioner;
(d) an engineer;

(e) a land surveyor;
(f) a builder;
(9) an estate surveyor and valuer;
(h) a quantity surveyor;
(i) a representative of the Ministry of Physical Planning and Urban Development;
(j) two (2) members of the public of suitable standing and not members in the built environment
profession; and

(k) a secretary who shall be a registered Town Planner in the Civil Service of the State and not less than
Grade Level 14.

81. The functions of the Appeals Committee shall include-

(a) investigation of petitions sent to it on Physical Planning, Regeneration or Building Control
matters;

47

(b) consideration of appeals from members of the public on the decision; of the relevant agency;

(c) investigation of complaints concerning officials on matters relating to the grants of Planning
Permit;

(d) recommendation of appropriate remedial action;

(e) submission of an annual report to the Commissioner; and

(f) advise on matters referred to it by the Commissioner or relevant agency or other Departments and
agencies of government and the general public.

82. The Appeals Committee shall have powers to:

(a) investigate and decide on:

(i) all public complaints concerning decisions on development permit application, Development
Plans, Layouts or Schemes, Change of Use, Approval-in-Principle, Demolition, Conduct of
Planning or Building Control officials, and service of Notices; and

(ii) disputes arising from compensation or other matters affecting physical planning and
development and building control in the State.

(b) invite any member of the public including officials for interview in the course of carrying out its
investigation for the purpose of obtaining information or advice;

(c) call for documents, plans, schemes, files, in the course of its investigation;

(d) consult the Physical Planning Law and Regulations of the State in its proceedings;

(e) recommend the approval or withdrawal or reinstatement of any planning permit granted;

(f) recommend the suspension of further physical development activities in relation to a building, site
or premises the subject of investigation; and

(g) enter any building, site or premises the subject of investigation.

83. The Appeals Committee shall make recommendations for the consideration of the Governor through
the Commissioner.

84.-(1) The Appeals Committee shall regulate its own proceedings, operations and meetings.

(2) Quorum shall be by a simple majority of he members of the Appeals Committee.

85.-(1) The Chairman of the Appeals Committee shall cause a sitting of the Appeals Committee once a
month or as may be deemed necessary to hear appeals.

(2) The aggrieved owner, occupier, developer or interested party may attend sittings of the
Committee and shall be heard if he so desires or through his authorised representatives.

86. The Chairman and members of the Appeals Committee shall be paid such remuneration and
allowances as may be approved by the Governor from time to time.

87.-(1) The Chairman and members of the Appeals Committee shall hold office for 3 (three years) and
shall be eligible for re- appointment for another term of three years by the Governor on the
recommendation of the Commissioner.

(2) The office of the Chairman or a member shall become vacant if:

(a) the Chairman or a member has completed his tenure of office;

(b) he resigns his appointment in writing under his hand to the Governor through the Commissioner;

(e) without good cause he absents himself from sittings for the hearing of an appeal referred to the
Committee on three consecutive occasions;

(d) he is adjudged bankrupt by a court of competent jurisdiction;

(e) he is so incapacitated either by reason of illness or otherwise as to make him incapable of
attending meetings of the Committee;

(f) he is adjudged to be of unsound mind;

(9) his appointment is terminated by the Governor in the interest of the public;

(h) he is found guilty of professional misconduct by the relevant professional registration council in
Nigeria; and
(i) he is convicted of corruption by a court of law,

(3) The office of the Chairman or member shall also be vacant by reason of good cause.
ft,.
(4) Forthe purpose of subsection (3) of this Section "good cause" means-

(a) failure to disclose a professional involvement in the case before the Appeals Committee at its
earlier or prior stage; and

(b) having direct or indirect proprietary or pecuniary interest in the case before the Appeals
Committee.
88. The Office of the Secretary shall serve as the Secretariat for the Appeals Committee.

89.-(1) An aggrieved person or any interested party may appeal against the decision of the Appeals
Committee and such appeal must be made within twenty-eight (28) days after notification of the final
decision of the Committee has been communicated.

(2) An appeal against the decision of the Appeals Committee shall lie as of right to the High Court of
the State, and the appeal must be made within twenty-eight (28) days after written notification of the final
decision of the Committee.

90. There is established a body to be known as the Technical Advisory Committee on Physical Planning
and Building Control (referred to in this Law as "the Advisory Committee").
91. The Advisory Committee shall comprise of:

(1) The Chairman and members of the Advisory Committee shall be appointed by the Governor on
the recommendation of the relevant professional bodies.

(2) The Chairman who shall be a registered professional in the built environment with at least fifteen
(15) years cognate post registration experience.

(3) The following members who shall be registered members of the relevant professional bodies with
not less than 10 years cognate post registration experience:

(a) a town planner;
(b) an architect;
(e) a legal practitioner; fi,.
(d) an engineer;
(e) a land surveyor;
(f) a builder;
(g) an estate surveyor and valuer;
(h) a quantity surveyor;

(i) two (2) members of the public of suitable standing and not members in the built environment
profession.

UJ a representative of the Ministry of Physical Planning and Urban Development of not less than a
director grade level and;

(k) a secretary who shall be a registered member in the built environment profession and a serving
officer in the Civil Service of Lagos State and not less than Grade Level 14.

92.-(1) The Advisory Committee may make recommendations and give advice for the proper carrying out
of the provisions of this Law with respect to all or any of the following matters;

(a) Implementing Operative Development Plans in the State;

(b) The fees payable in respect of any application for planning permit and building control
authorization and other incidental matters;

(c) Granting exemption from any fees;

(d) Fees payable for services rendered by the relevant agencies directing the time and place of
payment of such fees;

(e) Forms of all notices required to be given or sent under this Law and the issuance and service of
same;
m The Control, whether by prohibition Or otherwise of a Development Plan;
(h) Submission of an annual report to the Commissioner;
(g) The regulation of the oration of Physical Planning and Building Control activities;
M advise on matters referred to it by the Governor through the Commissioner or relevant agency or
other departments and agencies of government and the general public; and
0f Any other matter incidental to Physical Planning and Building Control activities in the State.
93.-(1) The Advisory Committee shall regulate its own proceedings. operations and meetings
(2) Quorum shall be by a simple majority of the members of the Advisory Cemmittee.
94.-(1) The Chairman of the Advisory Committee shall call a sitting of the Committee once a month or as
may be deemed necessary to consider issues relating to its functions.
52
(2) The aggrieved owner, Occupier, developer or interested party may attend sittings of the Advisory
Committee and shall be heard if he so desires or through his authorized representatives;
(3) The Advisory Committee may invite interested persons with or without request by such persons to
attend its sittings for the purpose of obtaining information or advice.
95. The Chairman and members of the Advisory Committee shall be paid such remuneration and
allowances as may be approved by the Governor from time to time.

96. The Chairman and members of the Advisory Committee shall hold office for three (3) years and shall
be eligible for re-appointment for another term of three years by the Governor on the
recommendation of
the Commissioner.
97.-(1) The office of the Chairman or a remember shall become vacant if;

(a) the Chairman or a member has completed his tenure of office;
(b) he resigns his appointment in writing under his hand to the Governor through the Commissioner;

(c) without good cause he absents himself from sittings of the Committee on three consecutive
occasions;

(d) he is adjudged bankrupt by a Court of competent jurisdiction;

(e) he is so incapacitated either by reason of illness or otherwise as to make him incapable of
attending meetings of the Committee;

(t) he is adjudged to be of unsound mind;

(g) his appointment is terminated by the Governor in the interest of the public;
(h) he is found guilty of professional misconduct by the relevant professional registration council in
Nigeria; and

(i) he is convicted of corruption by a Court of law,

(2) The office of the Chairman or member shall also be vacant by reason of good cause.

98. The Office of the Secretary shall serve as the Secretariat for the Advisory Committee.

99.-(1) The Commissioner on the recommendation of the relevant Agency may make regulations for the
purposes of carrying into effect the provisions of this Law including implementing development planning
relating to the following:

(a) the format, scales, standard, notations and matters to be included and covered in all types of
physical development plans;

(b) the format, documents, survey plans, development plans and matters to be dealt with in all
applications for planning permit;

(c) the form and content of the comprehensive records that must be kept of all applications for
planning permit; and

(d) prescribing in particular the fees payable in respect of any application for Planning Permit and
other matters incidental to it.

(2) The Commissioner shall have power to make regulations determining the forms and contents of
physical development plans in the State and the said power shall come within the following:
(a) outline development plans as specfied in the First Schedule to this Law;

(b) the preparations of Development Plans by the Planning Permit Authority and publicity of such
plans;

(e) the mode of objection to Physical Development Plan or Scheme;

(d) the preparation of schemes by relevant agencies of the State and the execution of such schemes;

(e) applications for grant of physical planning permit and building control authorisation; and

(f) to set standards of building work for construction of buildings and structures with documents
containing practical and technical guidance on compliance.

(3) The Commissioner shall have power to make Regulations on the recommendations of the
Building Control Agency for the regulation of building control standards and any matter incidental to it.

(4) The Commissioner shall have power to make regulations for the location, position dimensions,
appearance, display, and manner in which urban furniture shall be affixed to land.

lOO.-(l)Subject to the provisions of this Law, any planning permit granted in respect of any physical
development in any part of the State before the commencement of this Law, is deemed valid.

(2) The Lagos State Regional Plan 1980-2000, Metropolitan and Master Plan 1985-2000 as amended
from time to time shall remain valid subject to any enactment of the Lagos State House of Assembly.

(3) The Guidelines for approval of Layout published under L.S.L.N. No. 6 of 1983 shall remain valid
subject to any enactment of the Lagos State House of Assembly.

(4) The Town and Country Planning (Governing Conditions for Development of Estates by Private
Developers) Regulations 1990 L.S.L.N. No. 15 shall remain valid subject to any enactment of the Lagos State

House of Assembly.
101.-(1) The Lagos State Urban Renewal Board Law No 7 of 1991 Cap. L53 Laws of Lagos State 2003 is
repealed.

(2) The Lagos State Urban and Regional Planning and Development Law, No. 9 of 2005 is repealed.

(3) The Lagos State Urban and Regional Planning Board Law No. 2 of 1998 Laws of Lagos State is
repealed.

(4) The Lagos State Planning Commission Law L38 L.L.s 2003 is repealed.

102. In this Law, unless the context otherwise requires:

"Abandoned Building" includes an existing previously occupied but vacated building and, left in that
condition for a period of up to five years, or a building which is under construction but on which work has
ceased for up to five years;

"Commissioner" means the Commissioner who for the time being is charged with the responsibility for
Physical Planning, Building Control and Urban development;

"Constitution" means the Constitution of the Federal Republic of Nigeria 1999;

"Developer" means a builder, contributor, creator, pioneer;

"Development" means:
(i) the carrying out of any building, mining, or other operation in, on, over, or under any land, or

(ii) the making of any material change in use of any land building or structure, or

(iii) conversion of land, building or structure from its established or approved use, or

(iv) placement or display of urban furniture on the land, on building or structure, or

(v) making of any environmentally significant change in use of any land and,

(vi) demolition of building including felling of trees;

"Development Plans" means details, drawings and specifications for a development rendered
appropriate scales, dimensions and sizes as prescribed by the Regulations made pursuant of this law;
"Gazette" means Lagos State Government Official Gazette;

"Good cause" means failure to disclose a professional involvement in any matter before the Advisory
Committee; having direct or indirect proprietary or pecuniary interest in any matter before the Advisory
Committee;
"Governor" means Governor of Lagos State;

"Land" includes land covered with water and everything attached to the earth or permanently fastened to
anything which is attached to the earth and also chattels real, and tenures of every description and any
interest therein, and undivided shares of land;
"Ministry" means Lagos State Ministry of Physical Planning and Urban Development;
"Operative Development Plan" means any plan that has formally been endorsed for implementation;

"Planning Permit" means an approval or assent given for the time being to a development and includes,
layout or subdivision plan, Building Control authorizations given at construction and post construction stages;

"Person" means an applicant for or holder of development permit under this Law and includes for the avoidance of doubt, an owner, his servant or agent, consultants, an independent contractor or a bunder or a
corporate or an unincorporated body registered under the relevant Acts;

"Relevant Agency" means the Lagos State Physical Planning Permit Authourity, the Lagos State Building
Control Agency, the Lagos State Building Control Agency and any other bodies that may be created under
this Law;
"Rehabilitation" means a planning process whereby individual structures are improved to meet
established building standards and criteria. It can also be called Renovation Scheme;

"Redevelopment" means a planning process where an existing old and decayed settlement or
neighbour-hood which has been declared a blighted area is completely pulled down and redeveloped from
scratch and thereby creates a new and modern development in replacement of the old one.

"Renovation" means to rebuild, reclaim, recondition, reconstruct, rehabilitate, reinstate, rejuvenate, reconstitute, restore, a building (excluding painting).

"State" means the Lagos State Government;

"Special Building Project" includes refineries, petrochemical plants or complex storage/holding tank
farms, container/bonded terminals and other developments that may be classified by the relevant agencies
as special building projects;

"Urban furniture" includes all those physical structures placed on the landscape and affixed to the land
distinct from actual building and, includes bus stop shelter, telecommunication antennae, mast and tower,
cables and pipes, street neon sign, advertisement billboards, light statue, artifact placement, fountains and,
direction finders;

'Urban Renewal" means a planning process geared towards a physical improvement of existing urban
settlement to eliminate blight by any of the following methods; Redevelopment, upgrading or
Regeneration or, Rehabilitation, preservation and Conservation;

"Up-Grading or "Regeneration" means a planning process whereby an existing but decaying urban area is
improved in parts to meet established physical planning;

"Waste Land" includes land which for the time being is unworkable and includes burrow pit, land degraded
by erosion, abandoned waste dumps and land liable to flooding.

103. This Law may be cited as the Lagos State Urban and Regional Planning and Development Law and shall
come into force on the 5th day of July 2010.

LAW ON BUILDING AND CIVIL ENGINEERING (CONSTRUCTION) MATERIALS LAW

Establishment of a Quality Control Laboratory

(1) Establishment of a Quality Control Laboratory
(I) There is established a Building and Civil Engineering Materials Quality Control Laboratory (referred to in this Law as "the Laboratory").
(2) The Laboratory shall¬-
(a) be a body corporate with perpetual succession and a common seal;
(b) hold, purchase and otherwise acquire, and dispose of movable and immovable property for the purpose of carrying out its functions
under this Law.
(3) The laboratory may sue or be sued in its corporate name.

Functions of the Laboratory

The Laboratory shall-
(a) provide uniform control tests on building and civil engineering (construction) materials in line with the Standards Organisation of Nigeria standard;
(b) perform analysis on samples submitted by persons or companies engaged in any construction of sub-structure or super-structure Building, Services and finishing of any building, road and its components, bridge, dam, jetty, culvert or channel drainage; in line with the policies of Standards Organisation of Nigeria Act;
(c) issue certificate for tests carried out on samples of building and civil engineering materials submitted to it;
(d) provide information and advisory services to support services provided by officials of the Ministry and other related agencies and institutions;

(e) register all independent material testing laboratories; building and civil engineering material producers and manufacturers;
(f) monitor the performance of independent material testing laboratories and ensure compliance with designated standard specifications; and
(g) formulate policies of enlightenment campaign and awareness to producers, manufacturers, sellers and buyers of construction materials and the general public at large.

Technical Committee and its Composition

(1) The Laboratory shall be managed by a technical committee (referred to in this Law as "the Committee").
(2) The Committee shall consist of the following members-
(a) the Permanent Secretary, Infrastructure (who shall be the Chairman);
(b) the Director of the Laboratory (who shall be a Civil Engineer registered with Council for the Regulation of Engineering in Nigeria (COREN);
(c) a Civil Engineer, representing the Nigerian Society of Engineers;
(d) a Town Planner from the Urban and Regional Planning Board, not below grade level 16;
(e) a Builder, representing the Nigerian Institute of Builders;
(f) an Architect, representing the Nigerian Institute of Architects;
(g) a Representative of the Manufacturers Association of Nigeria; and
(h) the Secretary to the Laboratory.

Functions of the Committee

(I) (a) To advise the State Government generally on national and State policies on standards, specifications, and quality control on building and civil engineering (construction) materials;
(b) to designate, establish and approve standards in respect of building and construction materials;
(c) to provide the necessary measures for quality control of building and construction materials in conformity with the Standards Organisation of Nigeria Act;

(d) to determine the overall policy of the Laboratory in particular to the financial, operational and administrative programmes of the Laboratory and the committee and its execution.
(2) The Commissioner may give the Committee directives of a general nature with regard to the exercise by the Committee of its functions, and it shall be the duty of the Committee to comply with the directives.

Meetings of the Committee

The Committee shall meet whenever it is summoned by the Chairman, or if the Chairman is required to so do, by a notice given to him by the members, and he shall immediately summon a meeting of the Committee.

Proceedings

The Committee shall have the power to regulate its proceedings.

Remunerations

The non-ex-officio members of the Committee shall be paid such remuneration as the Governor may determine from time to time.

8. Secretary to the Committee

The Secretary, who shall be a civil servant not below grade level 13, shall be the administrative officer of the Laboratory.

Monitoring and Enforcement Unit

There is established a Monitoring and Enforcement Unit (referred to in this Law as the "Unit"), the composition of which shall be determined by the Committee, and the duties of the Unit shall be to-
(a) inspect all construction materials on site to ensure compliance with designated standard specifications;
(b) ensure the suitability of the foundation materials;
(c) conduct regular control tests on all materials used for any construction;
(d) ensure that materials used are in accordance with the specifications for the particular construction;
(e) ensure that materials are properly stored, and protected from deterioration by organic materials;
(f) enhance the development of local substitute for relevant imported building and civil engineering materials for use within the State;
(g) encourage the use of locally produced civil engineering materials in the construction and maintenance of civil engineering structure works;
(h) prescribe required equipment and machines for maintenance of building and civil engineering works;
(i) provide assistance including fiscal measures for local entrepreneurs for the production of tools and equipment;
(j) encourage the establishment of independent laboratory services in each Local Government Area of the State which shall be subject to the control and certification of the Laboratory;
(k) monitor the production of building and general construction materials; and
(I) apprehend any person who obstructs the operation of the enforcement unit or defaults in complying with the requirements under this Law, and to initiate the prosecution of such defaulter(s).

Power to Delegate

The Unit shall have power to delegate any of its functions to any engineer registered with the Council for the Regulation of Engineering in Nigeria.

Materials to be tested

Materials to be tested for quality shall include all materials and products for building and civil engineering works and other for quality materials and products which may be prescribed from time to time by the Commissioner.

Prohibition of Production

A person or company shall not-
(a) produce blocks, clay bricks/blocks, laterite production bricks/blocks, reinforcement, cement paints, aluminum profiles;
(b) manufacture finished construction materials or products without obtaining quality control test certificates from the Laboratory or its authorised
agent.

Inspection

The Unit shall carry out regular inspection of individuals and companies engaged in the production of building and general construction materials at least once in every quarter.

Power to Enter and Examine

Authorised officers of the Unit shall be permitted to enter and examine any place or site where building and construction materials are being produced or manufactured and used in order to assess the quality of products and work done.

Obstruction of Authorised Officers

A person shall not obstruct or resist an authorised officer of the Laboratory in the execution of his duty under the provisions of this Law.

Fees

The Committee shall determine all fees payable in respect of all tests carried out under this Law, and these fees may be reviewed from time to time.

Test Certificate

Any person or company either private or public which engages in any building or civil engineering construction shall obtain the approved test certificates from the Laboratory and shall pay the prescribed fee, provided all tests shall be carried out within 30 days, otherwise samples shall be deemed to be in conformity with the standard of the Laboratory .

Compliance with set standards of the Unit

All tests carried out by private laboratories shall be in conformity with standards set by the Unit and the Standards Organisation of Nigeria before the issuance of a certificate, and such tests must be conducted within 30 days or deemed granted.

Register

The Laboratory shall keep a comprehensive register containing names, addresses and thumb impressions or signatures of building and general construction materials producers and manufacturers.

Offences and Penalties

(1) Any person or company (private or public) that engages in the manufacture of building materials and general construction material products who fails to obtain the approval of the Materials Unit or a test certificate through its agents, shall be guilty of an offence.
(2) Any person or company found guilty under subsection (1) shall in the case of-
(a) an individual, be liable to imprisonment for one year with an option of a fine of N25,000.00 (Twenty Five Thousand Naira) and the factory shall be closed down for three months.
(b) a corporate body, be liable to a fine of not less than N200,000.00 (Two Hundred Thousand Naira) and shall have such manufacturing facility shut down for a period of not less than six months, or where the company is engaged in a contractual capacity with the Lagos State Government shall have the contract terminated or both; and
(c) a public Company or Government parastatal, be liable to a fine of not less than N250,000.00 (Two Hundred and Fifty Thousand Naira) and the Chief Executive shall be suspended from office for a period of not less than six (6) months.
(3) Any person or laboratory who issues a certificate without conducting a test in accordance with the provisions of this Law is liable on conviction to a fine not less than N25,000.00 (Twenty Thousand Naira) in the case of an individual, and N250,000.00 (Two Hundred Thousand Naira) in the case of a corporate body.
(4) Any person or company found making use of uncertified building materials shall be liable on conviction to a fine not less than N 100,000.00 (One Hundred Thousand Naira) in the case of an individual, and N250,000.00 (Two Hundred and Fifty Thousand Naira) in the case of a corporate body.
(5) Any person who wilfully obstructs, interferes with, assaults, or resists any officer or servant of the Enforcement Unit in the execution of his duty under this Law or who aids, induces or abets any other person to obstruct, interfere with, assault or resist any such officer or servant shall be guilty of an offence and liable on conviction to a fine of not less than N 100,000.00 (One Hundred Thousand Naira) or imprisonment for a period of not less than three (3) months or both.

Summary Trial

Offences shall be tried summarily by the Magistrate Court in the Local Government Area of the State where the offence is committed, and the procedure applicable in the case of summary trial of offences before such court shall apply to the same extent for the purpose of trials for offences under this Law.

Interpretation

In this Law, unless the context otherwise requires-
“Commissioner” means Commissioner for works and Infrastructure.
"Laboratory" means the building and civil engineering quality laboratory established under this Law.

Citation and Commencement

This Law may be cited as the Building and Civil Engineering (Construction) Materials Quality Control Laboratory Law and shall come into force on the 15th day of March 2006.

LAW NO. 6 - A LAW TO ESTABLISH THE LAGOS STATE SAFETY COMMISSION AND FOR CONNECTED MATTER. JULY 2011

Establishment of the Lagos State Safety Commission

1.-(1) There is established under this Law a body to be known as the Lagos State Safety Commission (referred to in this Law as "the Commission").

(2) The Commission shall be a body corporate with perpetual succession, a common seal and shall have power to –
(a) sue and be sued in its corporate name; and
(b) to acquire, hold or dispose of any movable or immovable property for the purpose of carrying out its functions under this Law.

Composition of the Commission.

2.-(1) the Commission shall consist of-
(a) a Chairman who is of proven integrity and knowledgeable in safety related matters;
(b) four (4) persons of proven integrity, knowledgeable in safety matters;
(c) the Director-General/Chief Executive Officer; and
(d) a representative of each of the following
(i) Ministry of Commerce and Industry;
(ii) Lagos State Environment Protection Agency;
(iii) Lagos State Emergency Management Agency;
(iv) Ministry of Health;
(v) Ministry of Works and Infrastructure
(vi) Ministry of Physical Planning and Urban Development;
(vii) Lagos State Fire Service; and
(ix) Ministry of Transportation.

(2) The Chairman and members of the Commission with the exception of the Director-General/Chief Executive Officer shall be appointed by the Governor on part-time basis.
(3) The appointment of the Chairman, members and Director-General of the Board with the exception of the ex-officio members shall be subject to the approval of the House.

Tenure of Office of Members

3. The Chairman and Members of the Commission with the exception of the ex-officio members, shall hold office for a term of four (4) years and may be re¬appointed for another term of four (4) years only.

Remuneration and Allowances.

4. The Chairman and members who are not ex-officio members shall be paid
such remuneration and allowances as applicable in the Public Service.

Cessation of Office of Members

5. The Chairman or any member of the Commission may be removed from
Office by the Governor-
(a) if he is unable to discharge the functions of his Office whether arising from infirmity of mind or body;
(b) if he resigns his membership of the Commission in writing by a letter addressed to the Governor;
(c ) in case of permanent incapacity or death;
(d) if he has been convicted of an offence which involves moral turpitude;

(e) if he becomes bankrupt or made a compromise with his creditors; or

(f) if he has been involved in any act that may be considered inimical to the interest of his Office or the State.

Meetings, Quorum and Voting

6.-(1) The meetings of the Commission shall be convened by the Chairman or by a simple majority of members.
(2) At any meeting of the Commission, the Chairman shall preside and in his absence any member of the Commission as the other members may elect from among themselves shall preside.
(3) The quorum for any meeting of the Commission shall be the Chairman and three (3) members.
(4) Any matter which comes before the Commission for decision shall be decided by the vote of a simple majority of the members present and in the event of equality of votes. the Chairman presiding shall have a casting vote.
(5) The validity of any meeting shall not be affected by reason of the existence of any vacancy in the Commission or any defect in the appointment of any member, provided a quorum is formed.

Proceedings

7. The Commission shall have power to regulate its proceedings and may make standing orders for that purpose.

Power to Coopt

8. Where the Commission desires to obtain the advice or any special information from any person on any matter, the Commission may co-opt such person as a member and such person shall have the rights and privileges of a member, but shall not be entitled to vote on any issue or be counted towards a quorum..

Functions of the Commission

9. The Commission shall-
(a) have responsibility as the policy formulating, advisory and regulatory body for the co-ordination of all Government ministries, agencies, parastatals, and all relevant bodies on matters relating to:
(i) safety of lives and properties at all levels; and
(ii) other safety related issues;
(b) set safety standards for all sectors involved in socio-economic activities in the State;
(c) be responsible for the. issuance or withdrawal of overall safety Compliance Certificate at all levels where necessary;
(d) encourage and promote capacity building of its staff and other appropriate individuals from public and private organizations;
(e) promote safety culture through sustained public and institutional enlightenment strategies and programmes;
(f) conduct and review risk assessment reports;
(g) give out safety alerts and signals;
(h) conduct investigations, research and evaluations on safety issues and make recommendations accordingly;
(i) periodically review and update set standards;
(j) maintain constant links with collaborating ministries, agencies, Local Government Councils and Local Council Development Areas;
(k) register safety practitioners in the State; and
(I) perform such other duties or functions as may be required to give effect to the provisions of this Law.

Powers of the Commission

10. The Commission shall have power to-
(a) clearly define and set safety standards for all ministries and agencies of Government;
(b) foster and maintain effective interaction, networking and collaboration on safety issues with relevant Government agencies;
(c) formulate and adopt safety policies, procedures to ensure enforcement and compliance with all relevant laws, bye-laws and regulations on safety in the State at all levels;
(d) make recommendations towards the review or development of legislation on safety especially in areas of overlapping functions of relevant government agencies;
(e) formulate. maintain and periodically update harmonised safety policies in the State;
(f) act as may be necessary to improve any condition which it would have done if the Commission had been the Enforcing Authority for the purpose of ensuring safety;

(g) carry out its preventive functions as provided under this Law and ensure that safety recommendations are carried out at all levels, including those obtained from the processes set out in Schedule I;
(h) appoint consultants when required to enable the Commission carry out the objectives of this Law;
(i) establish Directorates within the Commission to carry out its functions under the provisions of this Law;
(j) formulate policies, guidelines and decisions in safety related matters; and
(k) co-ordinate and monitor the activities of relevant Organizations involved in safety services in the State.

Appointment of the Director General /Chief Executive Officer.

11. There shall be appointed for the Commission a Director-General/Chief Executive Officer, who shal1-
(i) be a person of proven ability and integrity with relevant professional skil1s and fifteen (15) years cognate experience in the field of Safety;
(ii) be appointed by the Governor;
(iii) report directly to the Commission.

Duties of the Director General/Chief Executive Officer.

12. The Director-General shall be the Chief Accounting Officer and shall¬(a) be responsible for the day to day administration, organization and control of the Commission;
(b) seek for assistance and collaboration with local, federal and international organizations; and
(b) seek for assistance and collaboration with local, federal and international organization; and
(c) perform such other duties as may be assigned to him by the Commission from time to time.

Secretary to the Commission.

13. A Secretary shall be appointed from among the staff who shall be responsible to the Commission and shall perform such duties as may be specifically assigned by the Commission.

Staff of the Commission

14. – the Commission may , subject to the approval of the head of service
(a) request for the deployment of staff from the State Civil Service to the Commission; and
.

Offences and Penalties

(b) employ subject to the approval of the Governor such other category of professional and non-professional staff including competent consultants as may be required on such terms, conditions and on such remunerations and allowances as are applicable in the State Public Service for the due and proper performance of its functions under this Law.

Power to Enter and Inspect

15. A duly authorized officer of the Commission shall have power to enter and inspect facilities in order to ensure compliance with the provisions of this Law pursuant to regulations made under this Law.

Accounts and Audit

16. The commission shall-
(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 accounts which shall be audited annually by a firm of external auditors provided from the list approved by the Auditor-General.

Annual Reports

17. The Commission shall in accordance with the State's administrative guidelines prepare and submit to the Governor through the Executive Council not later than 31st December in each year, a report of its activities and operation with a certified copy of its accounts.

Annual Estimates and Budget

18. The Commission shall prepare and submit to the Ministry of Economic Planning and Budget its proposed annual estimates of revenue and expenditure for the period commencing from the 1st of January and ending on 31st December of the year in accordance with the call circular.

19. Subject to the Regulation Approval Law Cap. R5, Vol. 6 of 2001, the Commission may make regulations for carrying into effect the purpose of this Law including practical safety standard.
20.-(1) Any Corporate body who contravenes the provisions of this Law shall be guilty of an offence and be liable on conviction to a fine of Two Hundred and Fifty Thousand Naira (N250,OOO.OO).
(2) Any person in charge of the affairs, of a Corporate body who fails to discharge his duties under the provisions of this Law or the Regulations made there under is guilty of an offence and be liable on conviction to a fine of One Hundred and Fifty Thousand Naira (N 150,,.000.001.
(3) Any individual who contravene, or fails to comply with any of the provisions of this Law shall be guilty of and offence and liable to a fine of One Hundred Thousand Naira (N 100, 000.00).

Special Offences Court

21. The Special Offences Court established under the Special Offences Court Law, Cap. S.9, Vol. 7, Laws of Lagos State of Nigeria, 2004 shall have jurisdiction to try any person who violates any provisions of this Law and impose prescribed penalty.

Interpretation

22. In this Law, unless the context otherwise requires-
"Commission" means the Lagos State Safety Commission established under this Law;
“Governor” means the Governor of Lagos State;
"Government agencies" means Ministries, Departments, Agencies, Parastatals, Local Government Councils and Local Government Council Areas;
“House of Assembly” means Lagos State house of Assembly;
"Safety" means conditions of being safe from harm, risk and danger and minimizing risk.

Citation and Commencement

23. This Law may be cited as the Lagos State Safety Commission Law and shall come into force on the 26th day of July 2011.
This printed impression has been compared by me with the Bill which has been passed by Lagos State House of Assembly and found by me to be a true and correctly printed copy of the said Bill

A. T. OLATUNJI
Clerk of the House of Assembly

SCHEDULE 1

Section 10(g)
PREVENTIVE FUNCTIONS

1. inspections;
2. investigation of complaints;
3. Public enlightenment/awareness creation;
4. Training, seminar and workshops;
5. Prescribing personal protection equipment as appropriate
6. hazard/risk assessment and control;
7. Ensuring compliance with set standards;
8. Equipment maintenance and modernization;
9. Enlightenment campaigns on procedure for handling and storage of toxic chemicals; and
10. Environmental control.

LAW NO. 15 – A LAW TO PROVIDE FOR THE ESTABLISHMENT OF LAGOS STATE MODEL CITY DEVELOPMENT AUTHORITY AND FOR CONNECTED PURPOSES. 7TH AUGUST 2009

Establishment of the Lagos State Model City Development Authority.

1.(1) There is established the Lagos State Model City Development Authority (referred to in this Law as “the Authority").
(2) The Authority shall-
(a) be a body corporate with perpetual succession, and a common seal;
(b) have power to sue and be sued in its corporate name; and
(c) be capable of acquiring, holding or disposing of any property, movable or immovable for the purpose of carrying out any of its functions under this Law.

Composition of the Authority

2. The Authority shall be composed of the following members-
(1) Chairman;
(2) General Manager;
(3) A representative each of the following Ministries-
(i) Physical Planning and Urban Development
(ii) Works and Infrastructure;
(iii) justice; and
(iv) Local Government and Chieftaincy Affairs.
(4) Two representatives of the organized private sector operating in the State.

Model City Development Areas

3.-(1) The Commissioner may from time to time establish Model City Areas .
(2) Any Development Plan made in accordance with the Provisions of this Law shall have effect as any other provision of this Law

Establishment and Composition of model City Development Area Committee.

4.-(1) For each Model City Development Area there shall be a Model City Development Area Committee (hereinafter referred to as ""the Committee•") charged with the responsibility of monitoring and reporting non-compliance "with the provisions of this Law or any Development Plan made pursuant to this Law.
(2) Each Model City Development Area Committee shall be made up of the following-
(i) The Chairman:
(ii) The Executive Secretary
(iii) Representative of the affected Local Government(s) in rotation;
(iv) Community Development Committee
(v) Secretary to the Community Development Committee;
(vi) Two Representatives of Non-Governmental Organisations;
(vii) District Officer in each Local Planning Authority;
(viii) A Representative of the following professional bodies in the built environment-

(a) Nigerian Institute of Architects;

(b) Nigerian Institute of Builders;

(c ) Nigerian Institute of Estate surveyors and Valuers;

(d) Nigerian Society of Engineers;

(e) Nigerian Institute of quality Surveyor;

(f) Nigerian Institute of Surveyors; and

(g) Nigerian Institute of Town Planners.

(ix) The Committee shall be the operating arm of the Authority in each Model City Development Area and shall be responsible to the Authority:
(x) The Office of the Committees and such other offices as the Authority ma~ permit shall be located within a Model City Development Area:
(xi) The provisions of this Law governing the appointment tenure, removal,meetings and proceedings of the Authority shall apply to the Committees

Appointment of members of the Authority/Commuttes.

5. The Chairmen and other members of the Authority Committees shall be appointed by the Governor, on the recommendation of the Commissioner.

Tenure of Members

6. The Chairmen and other members of the Authority/Committees shall hold office for a term of five (5) years. Which may be renewed for one further term of five (5) years subject to the approval of the Governor?

Removal of Members

7. The Chairmen and other members of the Authority/Committees shall cease to become members before their terms expire if-
(a) the Governor terminates the appointment of such members;
(b) such member resigns his appointment in writing;
(c) such member is convicted of a criminal offence;
(d) such member is incapacitated due to ill health or insanity; or
(e) such member is unable to cope with the functions of the Authority/Committees.

Renumeration of the Chairmen and members.

8.-(a) The Chairmen and other members of the Authority/Committees shall be paid such remuneration as the Governor may determine from time to time.
(b) The sitting allowance of the representatives of the Ministries.
Parastatals. and Local Governments shall be determined by the Authority.

General Manager of the authority.

9.--{ I) There shall be an officer of the Authority to be known as the General Manager.
(2) The General Manager shall be;

(a) a Town Planner with at least (10) years cognate experience and registered to practice in Nigeria

(b) the accounting officer, with responsibility for the implementation of the policy decisions of the Authority.

(c ) responsible for the day-to-day administration of the affairs of the Authority in accordance with the provisions of this law; and

(d) shall perform all other duties as may be assigned to him by the Authority.

(3) The General Manager shall cease to hold office if;

(a) his appointment is terminated in accordance with the provisions of section 7 of this Law; or

(b) he is dismissed in accordance with the provisions of relevant Laws.

Executive Secretary of the committee.

10.-(1) There shall be an officer of the Committee to be known as the Executive Secretary;

(a) a Town Planner with at least seven (7) years cognate experience, registered to practice in Nigeria;

(b) the accounting officer with responsibility for the implementation of the policy decisions of the Model City Development Area;
(c ) responsible for the day to day administration of the affairs of the Committee, in accordance with the provisions of this Law; and.
(d) shall perform other duties as may be assigned to him by the Committee;

Policies and Programmes of the Authority Committee

11.-( I) The policies and programmes of the Authority/Committees shall be in consonance with the State general Physical Development Plans and the Model City Master Plans.
(2) The Committees shall forward a quarterly Report of their activities to the Authority while the Authority shall forward its quarterly Report to the Commissioner.

Functions of Authority Committees.

12.-( 1) The Authority shall subject to Section II (I) of this Law and all relevant existing legislations-
(i) supervise, monitor and co-ordinate the activities of the Committees throughout the State:
(ii) Approve various Committee projects and programmes;
(iii) Provide general direction to the Committees; and
(iv) Approve yearly budget, rolling plans for all the Committees.
(2) The Committees shall subject to Section 11(I) of this Law and all relevant existing legislations-
(a) implement the Approval Order for the Model City as the Ministry through the Model City Development Authority may by regulation establish:
(b) upgrade existing facilities and provide additional infrastructural facilities and services in the Model City:
(e) 0verrsee and supervise the day to day management of infrastructure and developments in the Model City:

Powers of the Committees.

(a) monitor compliance with the Development Plan Approval Order for Model City Area. which the Ministry may by regulation establish.
(b) conclude contracts with any person or corporate body for the construction or repair of dwelling houses. industrial buildings, roads. sewage. water supply. Electricity, recreation centres and other structures within the Model City:
(c )enter into contracts and agreements with any public or private corporation or any individual for the joint use of property belonging either to the authority or to the other contracting party or Jointly to both parties and for the joint acquisition of real and personal property. rights and franchises. and the joint financing. construction. and operation of plants. buildings. transmission lines. and other facilities:
(d) sell its products and services to public and private companies and other consumers: and

(e) where necessary subject to the provisions of Section 14 of this Law, modify the Development plan for model City development Area with the consent of the Commissioner and grant approval foe development in furtherance of such modifications.

Government Institutional Offices.

14. Government Institutional Offices within a Model City Area shall continue to be used for the public purpose for which the Offices were developed and no alteration of use shall be allowed.

Power of Authority Committees to engage Staff.

15. The Authority/Committees may from time to time-
(1) engage or employ their staff for the execution of their functions under the provisions of this Law:
(2) with the approval of the Governor engage consultants or contractors as deemed necessary for the due and proper execution of its function: and
(3) review the conditions of service of employees of the Authority/ Committees subject to the approval by the Governor:

Remuneration of Staff

16.-(1) The remuneration of members of the Authority/Committee and employees shall be determined by the Governor.
(2) The Authority may require any employee to give such security as it deems proper for the due execution of the duties of his/her office

Operative Departments of the Authority

17. The following shall be the Operative Departments of the Authority-
(i) Physical Planning/Implementation Department;
(ii) Design and Construction Department;
(iii) Research and Statistics Department;
(iv) Finance and Administrative Department;
(v) Audit Department;
(vi) Public Relations Department;
(vii) Monitoring and Evaluation Department; and
(viii) Legal and Enforcement Department.

Operative Departments of the Committees.

18.-(1) The following shall be the Operative Departments of the Committees-

(i) Physical Planning/Implementation

(ii) Design and Construction; and

(iii) Finance and Administration which shall include the Legal and Public Relations Units.
(2) The duties of the departments contained in Section17 and 18 shall be in line with the existing public service schedule of duties and
nothing in both Sections shall be construed to prevent the creation or establishment of other Departments.

Common Seal of the Authority Committees.

19.-( I) The Seal of the Authority shall be authenticated by the signature of the General Manager.
(2) The Seal of the Committee shall be authenticated by the signature of the Executive Secretary.

Funds and Resources of the Authority

20.-( I) The Authority shall establish and maintain a fund from which it shall defray all expenditure incurred by the Authority; and
(2) In addition to grants from the State Government, each Committee shall fund the Authority with (Ten) 10% of it proceeds from Infrastructural Development Charge.

Funds and Resources of Committees.

21.-(1) Each Committee shall establish and maintain a fund from which shall be defrayed all expenditure incurred by the Committee;
(a) service charges, betterment charges on all properties. Infrastructural development charges and another levy that may be imposed by the Committee:
(b) grants aids, donation and assistance from donor agencies;
(c) revenue from the sale of products and services to public, private corporations and other consumers.

(d) grants and subventions from Local Government Councils within a model city Development Area, the State and the Federal Government;

(e) debentures, investments or sums accruing from properties vested in the Committee;
(f) such monies raised by loan under the powers to borrow, vested in the Committee by the Law;

(g ) all monies which may be vested in the Committee under any enactment or Law: and
(h) all other sums accruing to the Committee under any enactment or Law.
(3) Each Committee may from time to time apply the proceeds of the fund for:
(a) the cist of administration of Model City development Areas;
(b) the payments of salaries, fees and other remuneration of employees of the Committee, experts or professionals appointed by the Committee:
(c ) the maintenance of any property acquired by or vested in the Committee and
(d) any expenditure connected with all or any of the functions of the Committee under this Law.

Power to borrow money

22. The Authority/Committees may with the approval of the Governor from time to time borrow money, by way of loan or overdraft from any source. in connection with the exercise of its functions under this Law.

Quorum of the Authority Committees.

23.-( I) The quorum of the Authority at any meeting shall comprise of the Chairman, the General Manager and at least four (4) other members of the Authority.
(2) The quorum of the Committee at any meeting shall comprise of the Chairman, the Executive Secretary and at least seven (7) members of the Committee

Accounts and Audit.

24.-( I) The Authority Committees shall keep accounts of their transactions in accordance with standard accounting practice in the State's Public service and the management of the accounts shall conform to the best accounting standards:
(2) Accounts shall be audited annually by a registered firm of auditors appointed and approved for that purpose by the Auditor-General of the State.

Annual Report.

25.-( 1) The Authority shall submit an Annual Report of their activities to the Governor or his appointed representative.
( 2) The Committees shall submit Annual Reports of their activities to the Authority.

Enforcement of Approval Order for a Model City.

26.-(1) The Authority/Committees may at all reasonable times enter any premises, any land, property or water within a Model City for the purpose of making inspection and surveys and ensuring compliance with the Approval Order for the Model City.
(2) The Authority/Committee shall request the relevant authorities to enforce compliance under the provisions of the Urban and Regional Planning and Development Law of the State where any owner/occupier/developer contravenes the Approval Order for a Model City.

Offences

27.-( 1) Any owner, occupier. or developer who embarks on a construction, development, alteration or modification of any property in violation or contrary
to the Model City plan without obtaining necessary approval commits an offence and shall be liable on conviction to imprisonment for a term of two (2) years or
a fine of N 1.000.000.00 (One Million Naira) or both:
(2) Any property with respect to which an offence is committed under subsection (I) of this Section shall be liable to be demolished after the necessary statutory notices under the provisions of the Urban and Regional Planning and Development Law have been served on the owner, occupier, or developer.

Regulations

28. The Authority may with the approval of the Lagos State House of Assembly make regulations generally for carrying into effect the provisions of this Law.

Interpretation

29. In this Law unless the context otherwise requires, the following expressions shall have the meanings assigned to them, that is to say:
"Approval Order" means any regulation made by the Commissioner designating an area as a Model City Development Area and stipulating the Master Plan for use in such Model City Development Area:
"Betterment Charges" means a levy imposed for increase in the value of property brought about by reason of development in infrastructure within the Model City or an area adjacent to or near the property:
"Chairman" means the Chairman of the Authority or Model City Development Area:
"Commissioner" means the Hon Commissioner for Physical Planning and Urban Development or any person for the time being duly assigned the functions of the Commissioner.
"Community Development Committee" (CDC) mean recognized, active umbrella body of the Community Development Association:
“Governor” means the Governor of Lagos State of Nigeria;

"Infrastructural Development Charge" means a levy on any approved development for increasing demand on infrastructure provided in the Model City by the Authority/Committee or the Government. In case of residential, excess of two family units or 600m2 in medium and I000m2 in high density area.
"Organized Private Sector" means registered professional bodies in the Construction and building sector, business and trading organizations or Associations and Manufacturing Association of Nigeria:
“State” means Lagos State of Nigeria.

Citation and Commencement.

30. This Law may be cited as the Lagos State Model City Development Authority Law and shall come into force on the 4th day of May 2009.
This printed impression has been compared by me with the Bill ,which has been passed by the Lagos State House of Assembly and found by mc to be a true and correctly printed copy of the said Bill.
A. T. OLATUNJI
Clerk of the House of Assembly

LAGOS LAW L.S.L.N No 14 – TOWN AND COUNTRY PLANNING (BUILDING PLAN) (AMENDMENT) REGULATIONS 1990

Commencement: 1st January 1990

In exercise of the powers conferred by Section 44 of the Town and Country Planning edit 1985 No. 1 of 1986 and of all other powers enabling him in that behalf, the Military Governor of Lagos State hereby makes the following Regulations-

Amendment of Schedule III

1. Schedule III to the Town and Country Planning (Building Plan) regulations L. S.L.N. No. 16 of 1986 is hereby deleted and new Schedule III
IS hereby substituted as follows-

SCHEDULE III

Fees
The following fees shall be paid in respect of matters specified hereunder:
I. Application Form …………………………..50.00
2. Registration of Building Plan .. ……………………….. 50.00
3. Planning Information Fee (Optional……………. ……….. 50.00
4. (a) Layout/Scheme preparation Fee (Residential) … …. 50.00
(b) Place of Worship …………………………………. 250.00
(c ) Industrial/Commercial …………………………. 250.00
(d) Institutional…………………………………………… 250.00
(e) Agriculture ………………………………… 40.00

5. Assessment /Processing fee for residential Building per cubic metre of'
Volume of building calculated on its external dimension '. ,.
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6. Commercial / Institutional Buildings Assessment fee per cubic metre of Volume of building calculated on its external dimension.

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7. Industrial buildings Assessment fee per cubic metre of volume of building calculated on its external dimension.

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8. For covered parking and indoor parking provisions per cubic metre of volume of building calculated on its external dimensions. 15/5m3
9. (a) Petrol Station Fee for up to 4 pumps…………………………………….N5,000.00
(b) For every additional pumps…………………. N1,000
10. Agricultural development per 25 cubic metre of volume of building calculated on its
External dimension…………………………………………………N2.00
11. CERTIFICATE OF FITNESS OF HABITATION
(a) Residential Buildings per floor………………………………….N50.00
(b) Commercial buildings per floor………………………………. N250.00
(c ) Industrial buildings per floor bay…………………………… N 200

12. DEMOLITION
(a) Residential per floor…………………………….N250.00
(b) Non-Residential per first 500m2………………N250.00
(c ) For every additional 500m2…………………….N250.00
(d) Consultancy per structure………………………..N250.00

13. REPAIR/RENOVATION PERMIT FEE
Per building up to 3 floors…………………..N500.00
For every additional floor……………………..N200.00
14. FENCING PERMIT FEE
(a) For first 65m2……………………………..N200.00
(b) For every additional 100m2 up to 5,000m2……..N200.00
(c ) For every additional hectare…………………N200.00

15. RESTAMPING FEES
(a) Residential…………………………..N100.00
(b) Commercial/Industrial ………………N200.00
16. CHANGE OF DESIGN
Residential…………………………….See 5 above
17. CHANGE OF DESIGN..........................15/5m2
Commercial
(b) CHANGE OF DESIGN
Industrial……………………………20/5

Citation and commencement

2. These Regulations maybe cited as the Town and Country Planning (Building Plan) (Amendment) Regulations, 1990 and shall be deemed to have come into force on the 1st day of January 1990.
M DE at Ikeja this 7th of July 1990

COLONEL RAJI ALAGBE RASAKI, fss, psc
Military Governor of Lagos State

Demo Content

LAW NO. 3 – A LAW TO ESTABLISH THE OFFICE FOR DIABILITY AFFAIRS, TO SAFEGUARD PEOPLE LIVING WITH DISABILITY AGAINST ALL FORMS OF DISCRIMINATION AND EQUALISE THEIR OPPORTUNITIES IN ALL ASPECT OF LIVING IN THE SOCIETY AND FOR CONNECTED PURPOSES

Commencement

1.-(1) There is established under this Law an Office known as office for Disability affairs (referred to in this Law as the "Office")

Establishment of the Office for Disability affairs.

(c) be capable of holding, purchasing, acquiring and disposing of movable or immovable property for the purpose of carrying out its functions under this Law.
2.-( 1) There is established for the Office a Governing Board (referred to in this Law as the "Board") which shall be responsible for the administration of the Office.

Composition of the Governing Board.

(2) The Board shall comprise of a Chairman and a representative of each following-

(a) Ministry of Youth, Sport and Social Development;

(b) Ministry of Education;

(c) Ministry of Justice;

(d) Association of persons living with disability;

(e) organized private sector of charitable organizations dealing with persons living with disability;

(f) the General Manager of the office.

(3) The Chairman and other members of the Board shall be appointed by the Governor on the recommendation of the commissioner

Tenure of Office and Remuneration of Members.

3.-{l) All members of the Board except the General Manager shall be
appointed to serve as part-time members.
(2) The Chairman and other members of the Board shall-
(a) hold office for three years and may be re-appointed for another term;
(b) be paid such remuneration and allowances as the Governor may determine from time to time.

Proceedings and Quorum.

4.-{1) The Board shall regulate its own proceedings but shall meet at least
once every quarter.
(2) The quorum at the meeting of the Board shall be (4) four.
Provided that all members of the Board shall be given at least (7) seven days notice in writing.
(3) The validity of proceedings of the Board shall not be affected by-
(a) any vacancy in it’s membership;
(b) any defect in the appointment of a member; or
(c) reason of the fact that any person not entitled to take part in the proceedings did so.

Secretary of the Board.

5.-{l) There shall be a Secretary to the Board who shall be a civil servant
of not less than grade level 14.
(a) arrange meetings of the Board, prepare the agenda and minutes of such meetings;
(b) convey decisions of the Board to its members;
( c) perform all other duties affecting the Board as may be assigned to him by the Chairman from time to time.

Disclosure of interest

6. Any member of the Board who has a personal interest in any contract or transaction entered into or proposed to be considered by the Board shall immediately declare his interest to the Board and shall not vote on any deliberation relating to the contract or transaction.

Appointment of General Manager.

7.-(1) There shall be an officer to be known as the General Manager, who shall be appointed by the Governor on the recommendation of the Commissioner.
(2) He shall be-
(a) a qualified person with pre-requisite experience on issues of management and education of persons living with disabilities;
(b) the Chief executive and the Chief Accounting Officer;
(c) a member of the Board and shall have responsibility for implementation of the decisions of the Board;
(d) responsible for general administration and implementation of the policies of the office;
( e) be assisted in the discharge of his duties by such officers as he may require from time to time, provided that 20% of staff of the office shall be persons living with disability.

Structure of the office

8.- (1) There shall be in the Office the following Departments-
(a) Finance and Administration;
(b) Social Development and Integration;
(c) Legal Services;
(d) Monitoring, Evaluation and Orientation;
(e) medical, Rehabilitation, Mobility Aids and Appliances;
(f) Information and communication Technology;
(g) Accounts and Audit.
(2) The Office may, with the approval of the Board, increase the number of departments as may be seemed necessary.

Functions of the Office.

9. The functions of the Office shall include:
(1) Issuance of guidelines for the education, social development and welfare of persons living with disability;
(2) Collaboration With relevant ministries, parastatals or corporate bodies issuing codes and directives for designing and buildings so as to make them accessible to and usable by persons living with disability;
(3) Receipt of complaints from persons living with disability on the violation of any of his or her rights;
(4) Investigation, prosecution and sanctioning in appropriate cases the violation of any of the provisions of this Law subject to an individual's right to seek redress in court;
(5) Registration and coordination of associations of persons living with disability;
(6) Re-orientation and education of the public on the right attitude towards persons living with disability;
(7) Collection and collation of data on persons living with disability and ensuring proper Government planning for persons living with disability;
(8) Issuance of directives and guidelines to the relevant authorities on special sports;
(9) Issuance of directives and guidelines to special schools for persons ¬living with disability.
(10) Issuance of directives and guidelines on all manner of disabilities, preventive or curative exercises;
(11) Actualizing the enjoyment of all rights in this Law by persons with disability;
(12) Issuance and revocation of certificates of Disability permanent);
(13) Establishment and promotion of schools, vocational and rehabilitation centres for the development of persons living with disability;

(14) Liaising with other Ministries and all other Government agencies to ensure that the peculiar interests of persons living with disability are taken into consideration in every Government policies, programmes and activities;
(I5) keeping and updating of register and database of persons living with disability;
(16) Liaising with other countries and international organisations to ensure gap bridging on best practices available;
(17) Designing and Issuance of Customized insignias to be used at parking lots;
(18) Advocacy and enlightenment campaign drive targeted at members of the public on ways to empathise with persons living with disability;
(19) Ensuring compliance with the provisions of this Law.

Power to accept Gifts

10. The Office may accept gifts of land, money or other properties on such terms and conditions as may be specified by the person or organization making the gift, provided that such terms and conditions are not illegal or inconsistent with the provisions of this Law.

Power to Borrow.

11. The Office may from time to time with the approval of the Board borrow such sums as it may require to execute its projects.

Establishment of Disability Fund / Provisons of Trained Personnel

12.-(1) There is established a fund known as Lagos State Persons Living with Disability Fund.
(2) The purpose of the fund shall be for the advancement of the cause of persons living with disability in the State.
(3) Individual, corporate bodies and Government may make contributions to the fund.
(4) The fund shall be administered by the office.

Provisions of Trained personnel.
13. Every company whose business entails attending to the general public shall within five (5) years transitory period have in their employment personnel who are properly trained, adequately knowledgeable and sufficiently competent to attend to its customers or clients who are persons living with disability.

Public Functions

14.-(1) The organizers of any public function shall provide competent attendants who shall attend to persons living with disability in attendance at the function.
(2) Any individual knowingly involved in the contravention of this Section shall be liable to a fine of N50,OOO.OO (Fifty Thousand Naira) or (6) Six months imprisonment or both.

Collation of Statistical and Research Data

17.-(1) The process of collecting and maintaining information shall-
(a) comply with legally established safeguards, including legislation on data protection to ensure confidentiality and respect for the privacy of persons living with disability;

(b) comply with internationally accepted norms to protect human rights, fundamental freedoms and ethical principles in the collection and use of statistics.
(2) The information collected in accordance with this Section shall be disseminated as appropriate, and for the implementation of this Law.

Provision of Facilities in Public Transport

18.-(1) Every Public Transport Service shall operate in a way that would guaranty usage and allow for accessibility of persons living with disability.
(2) All transport service providers shall make available and mark appropriately one (1) out of every ten (10) seats in a public bus for the use of persons living with disability.
(3) Wheelchairs, crutches, guide canes (for the blind), braces and any other mobility aids and appliances or assistive devices used by passengers living with disability shall not be subjected to charges, provided that they are not carried in commercial quantities and for commercial purpose.

Assignment of Special Seats in Vehicles, Vessels, Trains and Aircrafts

19.-(1) The convenience and safety of a person living with disability shall be the primary consideration in assigning seats in vehicles, vessels, trains or aircrafts.
(2) In line with subsection (1) above, and subject to the preference of the person living with disability, the following factors shall be considered in assigning seat to a person living with disability:
(a) ease of access;
(b) ease of exit and ;
(c) non-disturbance by the movement of other passengers.

Reservations at Parking Lots.

20.-( 1) At parking lots, (1) one out of (20) twenty parking lots shall be properly marked and reserved for persons living with disability.
(2) For a person living with disability to be entitled to the use of the reserved spaces as provided for in this section, his or her car should have been properly identified with the necessary insignia.
(3) Any person, organization or corporate body in control of a public parking lot who fails to make provision for the reserved space in this Section shall be liable to a fine of One Hundred Thousand Naira (N I 00,000.00) for each day of default.
(4) Any person who is without any form of disability and is not carrying a person living with disability parks a vehicle in the space reserved for persons living with disability shall be liable to a fine of Five Thousand Naira (N5,000.00).
(5) Any person who unlawfully obstructs the use of the space reserved for persons living with disability shall be liable to a fine of Five Thousand Naira (N5,OOO.OO).

Prohibition from Discrimina¬tion and Harmful Treatment.

21.-(1) No person living with disability shall be discriminated against on the ground of his or her disability by any person or institution in any manner or circumstances whatsoever.
(2) No person living with disability shall be subjected to prejudice or harmful practices. including those based on sex, work, age or tradition in any area of life.
(3) Persons living with disability shall have rights to sue any individual, corporate body or Government and its Agencies for damages in the event of the violation of their fundamental rights.
(4) Government shall be required to provide free legal aids without condition to persons living with disability through the Office of the Public Defender (OPD) when required.

Prohibition from cruelty and inhuman Treatment

22.-(1) No person living with disability shall be subjected to;
(a) medical or scientific experiment without his or her consent; or
(b) torture, cruelty or inhuman degrading treatment;
(2) No person shall employ, use or involve a person living with disability for alms begging.
(3) Any person who is in contravention of this Section shall on conviction be liable to a fine of One Hundred Thousand Naira (N I 00,000.00) or a maximum three (3) months imprisonment or both.

Provision of Adequate Standard of living and Social protection

23.-(1) All levels of Government shall take appropriate steps to ensure that persons living with disability have good standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions.
(2) (a) All levels of Government shall give special consideration to persons living with disability in welfare, social development, poverty reduction and other programs.
(b) Government shall provide social security for persons living with disability that are 60 years and above.
(3) Where accommodation is being provided by schools, Employers, Organisations, Government and in any other circumstances whatsoever, persons living with disability shall be given consideration of 5% reservation.

Report on Audited Account

16.-(1) The Office shall, within six months after the end of each financial year, furnish the Governor with-
(a) a copy of the audited account of the Office;
(b) a copy of the annual general report and the full report of the external auditor; and
( c) a detailed report of the state of affairs of the Office for that financial year.
(2) The Office shall cause its audited account and the annual report to be published in the State Official Gazette after complying with subsection (I) of this Section.

Provision of Facilities at Public Building

24.-(1) A person living with disability shall have the right and necessary facilities to access public building and public places.
(2) No public building shall be constructed without the necessary accessibility aids such as lift (where necessary), ramps and others that shall make them accessible and usable to persons living with disability.
(3) A Landlord or Landlady shall allow a person living with disability lawfully occupying the property as a tenant to make such access related modifications to the building as would allow him or her access his or her apartment provided he or she shall remove such modifications before vacating the premises.
(4) The Government shall ensure that roads, side-works, pedestrian crossing and all other facilities made for public use shall be made accessible to and usable by persons living with disability including those on wheelchairs.
(5) From the date of the commencement of this Law, there shall be a transitory period of five (5) years within which all public buildings, roads, pedestrian crossings and all other structures shall be modified to be accessible to and usable by persons living with disability.
(6) (a) The relevant authority shall ensure that the plan for all public buildings conforms with the building code provided by the office before approval is granted.
(b) The relevant authority or individual responsible for the approval of building plan shall not approve the plan of a public building if the plan does not make provisions for accessibility facilities in line with the building code provided by the disability office.
(7) (a) A person living with disability shall (subject to his or her right to seek redress in court) have a right to notify the Office of the state of inaccessibility or barrier to accessibility of any public place.

(b) upon the receipt of such compliant or notification as stated in paragraph (a) above, the Office shall take immediate and necessary steps to ensure the removal of the barrier and make the environment or public place accessible to the person living with disability:

Bank Account and Audit

15.-(1) The Office shall, in relation to proceeds payable to it from the designated account, operate an account with a bank or banks in the State and the signatories to the account shall be the General Manager and such other persons as may be duly appointed by the Board.
(2) The Office shall keep proper account of all its transactions in such form as it may direct which shall conform with the best standard commercial practice.
(3) The form of accounts shall be such as to secure the provision of separate information m respect of each of the main activities and any department of the Office.
(4) The accounts shall be produced and audited within six months after the end of each financial year by external auditors appointed by the Office from a list of auditors approved by the Auditor-General of the State.

Situation of Risk and Humanitarian Emergencies

25.-(1) In all situations of risk, including situations of violence, emergencies and the occurrence of natural disasters'
(a) Government shall take all necessary steps to ensure the safety and protection of persons living with disability taking cognizance of their peculiar vulnerability.
(2 )Persons living with disability shall be given first consideration a much as possible in queues.
(3) Government and other private Institutions shall install emergency devices such as fire alarm and vibration triggered systems in all buildings and facilities.

Rights of Children with Disability

26.-(1) Parents and guardians of children living with disability shall ensure that such children, within and outside the home, are free from all forms of neglect, exploitation, violence or abuse, including their gender-based aspects.
(2) Government shall take appropriate measures to prevent all forms of exploitations, violence and abuse by ensuring appropriate forms gender and age sensitive assistance and support for persons living with their families and care givers, including the provision of information and education on how to avoid, recognise and report instance exploitation, violence and abuse.
(3) In order to prevent the occurrence of all forms of exploitation, violence and abuse, all facilities and programmes designed to serve persons living with ¬disability shall be effectively monitored by the Office.
(4) Parents or guardians of children living with disability shall ensure that such children get educated to at least Secondary School level.
(5) Children living with disability shall be entitled to equal rights, treatments, recreations, maintenance and training with other children in the family.
(6) No child shall be concealed, abandoned, neglected or segregated on the basis of his or her disability.

(7) Children living with disability shall be registered immediately after birth and shall have right to:
(a) name;
(b) be known and be cared for by their parents;
(c) free and continual medical treatment in any public health institution; and
(d) nationality.
(8) Government shall undertake to provide early and comprehensive information, services and support to children living with disability and their families.
(9) (a) Subject to subsection (6) above, no child shall be separated from his or her parents on the basis of a disability of either or both parents.
(b) For the purpose of medical treatment, rehabilitation, training or general improvement, a child living with disability may be temporarily separated from his or her parents.
(10) The Office shall provide and sponsor alternative care for a child living with disability where the immediate family is unable to provide the needed care.
(I I) In all matters concerning children living with disability, the best interest of the child shall be the primary consideration.

Right to Health

27.-(1) Government shall guarantee that persons living with disability have unfettered access to adequate health care without discrimination on the basis of disability.
(2) Persons living with disability shall be entitled to free medical and health care services in all public health institutions.
(3) Where a doctor suspects disability in the course of medical examination, he shall issue and submit to the Office a Temporary Certificate of Disability which shall last for not longer than one hundred and eighty (180) days in favour of such persons.
(4) If the state of disability persists after one hundred and eighty (180) days, a doctor may issue the person with Permanent Disability Certificate which shall last as long as the state of disability persists.
(5) Any person issued with a Permanent Disability Certificate shall be entitled to all the rights and privileges under this Law.

(6) The certificate of disability may be withdrawn in warranted case and situations.
(7) The Temporary Certificate of Disability and Permanent Certificate 0; Disability shall be as specified by the office.
(8) Any hospital where a person living with communicational disability is being attended to shall ensure provision of special communication equipment.

Right to Education

28.-(1) Every person living with disability shall have an unfettered right to education without discrimination or segregation in any form.
(2) Persons living with disability shall be entitled to free tuition at all levels in all public educational institutions, provided that the affected per ¬is so qualified and identified by the office.
(3) All schools whether pre-primary, primary, secondary or tertiary, be run in a manner that is accessible to persons with disability.
(4) In accordance with subsection 3, every school shall have-
(a) at least a trained personnel to cater for the educational development of persons living with disability;
(b) a program for continued training of personnel catering for persons ¬living with disability;
(c) special facilities for the effective education of persons living disability:
( d) programs for cooperation and collaboration with relevant authorities, institutions or associations to ensure early education of persons living with disability.
(5) The office shall design a programme of activities that would promote interaction between children living with disability in special schools and children in ordinary schools.
(6) Government shall include a representative of persons living with disability on the advisory board of Ministry of Education.
(7) The curriculum of every primary, secondary and tertiary school shall ¬include:

(a) learning of Braille;

(b) sign language

(c) augmentative and alternative communication skills;

(d) peer support and;

(e) mentoring.
(8) Government shall ensure that the education of persons living with disability, particularly children who are blind, deaf or with multiple disabilities, is delivered in the most appropriate languages, modes and means of communication for the individual, and in environments which maximises academic and social development.
(9) Government shall establish special Model Schools for persons living with disability in the State.

Right to work and Employment

29.-(1) Persons living with disability shall have the right to work on equal basis with others, this includes the right to opportunity to gain a living by working freely in a chosen or accepted labour market and work environment.
(2) No employer or his agent or purported agent shall discriminate against a person living with disability in any manner whatsoever but not limited to:
(a) job application procedure;
(b) the terms and conditions of employment;
(c) denying the employee access or limiting the employee's access to opportunity for promotion, advancement, transfer or training, or to any other benefit associated with employment;
(d) on- the- job training;
(e) accommodation, where applicable
(f) employee compensation;
(g) dismissal mainly on the ground of disability or;
(h) subjecting the employee to any other detriment.
(3) No person or corporate body shall subject a person living with disability to slavery/servitude, forced or compulsory labour or undue disadvantages in any form except by an order of Court

(4) Any person in breach of subsection (3) shall on conviction be liable to a fine of One Hundred Thousand Naira (NIOO,OOO.OO) or a maximum imprisonment of three (3) months or both, while any corporate organisation in breach shall be liable on conviction to a fine of Five Hundred Thousand Naira (N500,000.00) as damages to the affected person with disability; and
(5) All-employers of labour employing up to 100 persons shall reserve at least 1 % of such workforce for qualified persons living with disability.
(6) (a) Government shall take steps to ensure the self reliance of persons living with disability and accordingly give adequate assistance to persons living with disability who desire to be employed.
(b) Government may setup vocational Training Institutions to facilitate acquisition of special skills by persons living with disability.
(7) No employee shall be relieved of his employment on the ground of disability sustained during his employment.
(a) retain and re-train the employee for effectiveness within the organization;
(b) pay him off with a sum that is not less than the aggregate value of his forty-eight (48) months salary, if his disability is of such degree that permanently renders him unable to discharge his function or any other function that may be assigned to him; or
(c) pay him off with a sum that is not less than the aggregate value of his sixty (60) months salary, if his disability is sustained in the course of the employment and is of such degree as to permanently render him unable to discharge his function or any other function that may be assigned to him.

Right to Freedom of Communication

30.-(1) Persons living with disability shall have freedom of expression and opinion, including the freedom to seek, receive and impart information and ideas through any means of communication of their choice.
(2) Government, Corporate organizations and persons shall:
(a) provide information intended for the general public to persons living with disability in accessible formats and technologies appropriate to the different kinds of disabilities timeously and at no additional cost;

(b) accept and facilitate the use of sign languages, Braille, augmentative and alternative communication in all interactions.
(3) No person living with disability regardless of place of residence or living arrangement shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence or other types of communication or to unlawful attacks on his or her honour and reputation.

Right to Drive

31. A person living with disability shall have right to drive any vehicle provided
that:
(a) his or her disability is not proved to reasonably impede his or her ability to drive; or
(b) the vehicle has been modified as to enable him or her drive safely.

Right to Communal Life

32.-(1) Any Person living with disability shall have the right to:
(a) Live in the community with choices equal to others, and shall have;
(b) Full enjoyment of their rights and full inclusion and participation in the community.
(2) Any person living with disability shall not be isolated or segregated from the community or compelled to live in a particular area except on medical grounds or in accordance with the provisions of the Constitution of the Federal Republic of Nigeria.

Right to Participation in Cultural Life, Recreation, Leisure and Sport.

33.-(1) The right of persons living with disability to take part on an equal basis with others in cultural life is guaranteed and accordingly Government shall take all appropriate measures to ensure that persons living with disability:
(a) enjoy access to cultural materials in accessible formats;
(b) enjoy access to television programmes, films, theaters and other cultural activities, in accessible formats;
(c) enjoy access to places for cultural performances or services, such as theatres, museum, cinemas, libraries and tourism services, and, as much as possible, enjoy access to monuments and sites of national cultural importance.
(2) Government shall take appropriate measures to enable persons living with disability have the opportunity to develop and utilize their creative, artistic and intellectual potentials, not only for their own benefits, but also for the enrichment of the society.

(3) Government shall take all appropriate steps, in accordance with international law, to ensure that intellectual property laws and practices do not constitute an unreasonable or discriminatory barrier to access to cultural materials by persons living with disability.
(4) Persons living with disability shall be entitled on an equal basis with others to recognition and support of their specific cultural and linguistic identities, including sign languages and deaf culture.
(5) Government shall take appropriate measures to enable persons living with disability to participate on an equal basis with others in recreational, leisure and sporting activities, with a view to:
(a) encourage and promote the participation to the fullest extent possible, of person living with disability in all sporting activities at all levels;
(b) ensure that persons living with disability have an opportunity to organize, develop and participate in disability-specific sporting and recreational activities;
( c) encourage the provision, on an equal basis with others, of appropriate
instructions, trainings and resources;
(d) ensure that persons living with disability have access to sporting, recreational and tourism venues; and
(e) ensure that children living with disability have equal access with other children to participate in play, recreation, leisure and sporting activities, including those activities in the school system.

Power to make Regulations

34. The Office may, subject to the approval of the House of Assembly make regulations, guidelines, directives or manual for the purpose of giving effect to the provisions of this Law.

Interpretation

35. In this Law, except where expressly provided otherwise:
“Accessibility aid” include any fixture and device that aids accessibility;
"Assistive Device" means any device that assists, increases or improves the functional capabilities of persons with disabilities;
"Augmentative and Alternative Communication" means the art of studying and (when necessary compensating) temporary or permanent activity limitation and participation restriction of an individual with severe disorder of speech-language production and/or comprehension, including spoken and written modes of communication.

"Close caption" means service for persons with hearing disabilities that translates television programme dialogue into written words.
"Communication Disability" means the kind of disability that affect the natural means of communication of a person; including but not limited to deafness and blindness;
"Commissioner" means Commissioner for Youth, Sports and Social Development;
"Disability" means a state of substantial impairment of the physical visual, vocal, auditory, sensory or mental capabilities of a person at birth or by injury, sickness or its effect or congenital deficiency;
"Environmental" includes building, roads, side-walks pedestrian crossings, open spaces, etc.
"Financial Institution" includes banks, micro-finance banks primary mortgage institutions and financial houses;
"Government" means the Lagos State Government;
"Governor" means the Governor of Lagos State;
"Landlord/Landlady" includes a private house owner, his lawful agent and heir in title;
"Multiple Disability" means more than one disability occurring in a person's life;
"Public Building" means a building owned or used by government or government Office, or a building available for the use of members of the public;
"Relay Service" means telephone service that allows persons with hearing and speech disabilities to make telephone calls;
"Relevant Authority" means the person, natural or artificial, or body including ministry whose duty is to take an action that is in issue;
"Special Communication" means special means (including sign language, augmentative and alternative communication) of communicating with persons living with speech or hearing disability;

"State" means Lagos State of Nigeria;

"Telecommunication relay Services" means telephone transmission services that provide the ability for an individual with speech or hearing disability to engage in communication by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an individual who does not have speech or hearing disability using voice communication service by wire or radio;
"Vessel" means any water-borne means of transportation.

Citation and Commencement.

36. This Law may be cited as Lagos State Special People’s Law 2010
This printed impression has been compared by me with the Bill which has been passed by the Lagos State House of Assembly and found by me to be a true and correctly printed copy of the said Bill.
A. T. OLATUNJI
Clerk of the House of Assembly

LAW NO. 2 – A LAW TO PROVIDE FOR PUBLIC PRIVATE PARTNERSHIPS, ESTABLISH THE OFFICE OF PUBLIC PRIVATE PARTNERSHIPS, ENHANCE INFRASTRUCTURE AND SERVICE DEVELOPMENT IN LAGOS STATE AND FOR CONNECTED PURPOSES

Established an Office

1.-(1) There is established an Office to be known as the Office of Public Private Partnerships (referred to in this Law as the Office").
(2) The Office shall be a body corporate with perpetual succession and a common seal.
(3) The Office may sue or be sued in its corporate name and may hold and dispose of any movable or immovable property.

Established and Composition of the Governing Board of the Office

2.-(1) there is established the Public Private Partnership Governing Board (in this Law referred to as the 'Board') for the Office.
(a) a Chairman who shall be of impeccable character with a minimum of fifteen (15) years cognate experience in his field of specialization and registered with the relevant professional recognized body (ies), and shall be appointed by the Governor;
(b) Four other members appointed y the Governor with requisite knowledge in Finance, Banking, Engineering or Law with at least ten (10) years cognate experience and registered with relevant professional bodies; and
(c) The Director – General of the Office.

Tenure of Office of Members of the Board

3.-The Chairman and Members of the Board shall hold office for a term of four (4) years and may be re-appointed for a further term of four (4) years only

Cessation of Office of Members of the Board

4. The Chairman or any Member of the Board shall cease to hold office if:
(a) He resigns his appointment as a member of the Board;
(b) He becomes bankrupt or makes a promise with his creditors
(c) He is convicted of a felony or of any offence involving dishonesty or corruption or any other criminal offence:
(d) He becomes incapable of carrying out the functions of his Office either arising from an infirmity of the mind or body.

Remuneration and Allowances of Members

5. The Chairman and members who are not ex-officio members shall be paid such remuneration and allowances as are applicable to similar Boards.

Functions of the Board

6. The Board shall give policy directions on the objectives, functions and powers of the Office pursuant to the provisions of this Law and shall-

(a) Be the policy making body on Public Private Partnership for the State Government;
(b) Take decisions on all issues pertaining to Public Private Partnership in the State;
(c) Indentify priority sectors for Public Private Partnership initiatives;
(d) Supervise the activities of the Public Private Partnership Office and liaise with the Governor on all issues pertaining to policy formulation, evaluation f operational guidelines and other required statutory provisions of the Public Private Partnership Office;
(e) Determine the framework of engagement of Consultants, Specialists and/or advisers for the Public Private Partnership projects; and
(f) Plan and recommend budgets for the Public Private Partnership Office;
(g) Create departments for the Office as it deems necessary.

Proceedings of the Board

7. The provisions contained in Schedule 1 to this Law shall have effect with respect to the proceedings of the Board and other matters of the Board mentioned in it.

Objectives of the Office

8. - (l) In performing its functions and exercising its powers, the primary objective of the Office shall be to develop public infrastructure or public assets and provide social amenities and other facilities through Public Private Partnership in the State

(2) In seeking to achieve its objectives, the Office shall:
(a) Initiate and develop public infrastructure and public assets development strategies for the State by means of Public Private Partnerships;
(b) Advise on policies that will promote and sustain Public Private Partnerships in the development of public infrastructure or public assets in the State;
(c) co-ordinate policies and programmes of the State with respect to Public Private Partnerships for the provision and development of public infrastructure or public assets in the State; and
(d) Ensure that Public Private Partnerships for the provision and development of public infrastructure or public assets in the State are in accordance with prevailing Government Policy and public interest.

The Functions of the Office

9. The Functions of the Office shall be to
(1) initiate procurement of Public Private Partnerships for the development of public infrastructure and public assets by conducting pre-qualification process for private investors willing to enter into Public Private Partnerships with the State based on request for expression of interest;
(2) Evaluate expression of interest by private investors interested in Public Private Partnerships with the State and issue a preferred mandate in accordance with the provisions of the Lagos State Public Procurement Law;
(3) act on behalf of the Government or any of its agencies in Public Private Partnerships under this Law and develop optimal means of financing the cost of public investment projects in order to achieve value for money;
(4) Ensure on behalf of the Government or any of its agencies that all aspects of financing, refinancing and insurance of public investment projects are duly undertaken by means of Public Private Partnerships within the public sector:
(5) Prepare and develop on behalf of the State, strategic master plans for Public Private Partnerships;
(6) identify priority sectors for Public Private Partnership initiative;
(7) initiate the development of public infrastructure or public asset through Public Private Partnerships in the State;
(8) determine the frame work of engagement of consultants, specialists and advisers for Public Private Partnership in the State;

(9) Verify and monitor performance of the terms and conditions of concession agreements by concessionaries;
(10) Advise the Government on matters relating to financing, construction and maintenance of public infrastructure or a Board of public assets by means of Public Private Partnerships in the State; and in particular, to identify and make recommendations to the Government with respect to the acquisition of land required for such purposes:
(11) Undertake or conduct any research investigations or inquiries and collect information relating to public infrastructure or public assets in general;
(12) Liaise with bodies of professional persons, and private agencies performing work with regard to public infrastructure or public assets; and
(13) In relation to Public Private Partnerships initiated by the Office, it shall:
(i) ensure the provision by the Concessionaire of such facilities and amenities that are necessary for the users of public infrastructure or public assets;
(ii) oversee the development, operation and maintenance of public infrastructure or public assets provided by means of Public Private Partnership and such other facilities necessary or adjacent to such public infrastructure or public assets; and
(iii) Satisfy, discharge and perform the obligation of the Office and the State, to uphold and observe the terms of any concession agreement subject to the provisions of this Law.

Power of the Office

10. The Office shall have power to:
(1) concession to private investors interested in Public Private Partnerships for design, construction, operation, management, control, maintenance, rehabilitation and financing of public infrastructure or public assets in accordance with the Lagos State Public Procurement Law;
(2) Negotiate with prospective private partners
(3) Obtain from any government agency or private institutions, statistical or other information relevant to the functions of the Office;
(4) Inspect and monitor concessionaires to ensure compliance with the terms of any concession agreement;
(5) Designate a public infrastructure or public asset as a service charge, user fee or toll paying public infrastructure or public asset and specify the condition for the use of such infrastructure or assets;
(6) Liaise and co-operate with all government agencies and parastatals with respect to private investors' participation in the provision and development of public infrastructure or public assets;
(7) pursuant to and in accordance with the provisions of this Law, and the approval of the House approve the amount of money that may be charged by any private or public operator with respect to any public infrastructure, public assets or amenities as toll or user fees subject to the approval of the House;
(8) Establish and operate an information and management system concerning public infrastructure or public assets and projects;
(9) Perform any other functions as may be assigned to it by the Governor under this Law; and
(10) Do all things that are necessary or expedient for the performance of its functions, including the engagement from time to time of consultants and advisers and other service providers.

Procurement of public Private partnership

11.-(1) The Office may give letters of Procurement, comfort or undertakings in respect of any Private Partnership or concession agreement.
(2) The Office shall be a procuring entity for the purpose of the Lagos State Public Procurement Law and shall comply with the intendment of that Law.
(3) The Office may undertake restricted or emergency procurements in accordance with the provisions of the Lagos State Public Procurement Law.

Appointment of the Director – General of the Office

12.- (I) The Governor shall appoint for the Office 1 Director- General who shall be of impeccable character with a millimum of ten (10) years cognate experience in the relevant field of specialization and registered with the appropriate professional body(ies).
(2) The Director-General shall-
(a) Be the Chief Executive Officer of the Office;
(b) Be responsible to the Board for policy direction and the day to day administration of the Office;
(c) Hold office upon such terms and conditions as may be contained in his letter of appointment; and
(d) Hold office for a period of four (4) years in the first instance, and may be re-appointed by the Governor another term of four (4) years only.

Secretary to the Board

13.-(1) there shall be a Secretary to the Office who shall be a Civil Servant of not less than Grade Level 15.
(2) The secretary shall----
(a) Arrange meetings of the Board; prepare the agenda and minutes of such meetings;
(b) Convey decisions of the Board to its members; and
(c) Perform all other duties affecting the Board as may be assigned to him by the Chairman.

Registration under Companies and Allied Matters Act

14. Any company that the Office enters into a Private Public Partnership agreement with must be a company registered under the Companies and Allied Matters Act.

Appointment of other Staff of the Office

15. - (1) The Governing Board shall approve the appointment for the Office other number of employees as may be expedient for the proper and efficient performance of the functions of the Office.
(2) The terms and conditions of service (including remuneration, allowances, benefits and pensions) of the employees of the Office shall be in accordance with the salary structure in the State Civil Service.
(3) Notwithstanding the provisions of subsection (2) of this Section the Governor may, upon on the recommendation of the Board approve such remuneration, allowances and benefits for the Director-General or any other employee of the Office.

Establishment of Special Purpose Companies or Limited Liability Partnerships

16. - The Office with the approval of the Governor may cause to be formed, Limited Liability Partnerships or Limited Liability Companies for the purpose of financing Public Private Partnership projects or facilitating such projects where, in the opinion of the Office, it is necessary or expedient to do so in order to discharge its functions under this Law

No State, Ministry, Department or Agency's Guarantee

17. A Public Private Partnership Agreement must not contain provisions for any financial guarantee from the State, any Ministry, Department Agency for the Public Private Partnership but may include provisions for indemnity or undertaking that would be given in the ordinary course of business.

Appeal from Decisions of the Office.

18. Without prejudice to any terms as to dispute resolution as agreed in any relevant concession agreement and to any other right of recourse available at law, where any concessionaire is dissatisfied with any omission or decision of or exercise of power by the Office under this Law, the concessionaire may appeal against the decision or exercise of power to the Lagos State Public Procurement Agency

Funds of the Office

The funds of the Office shall consist of:
(1) All subventions and budgetary allocations from the State Government;
(2) Gifts, loans, grants or aid from any agency, institution, bilateral and multinational organization or am government;
(3) a percentage of service charge or user fees as may be prescribed in the Office regulation or agreed in the relevant concession agreement in the absence such regulation and
(4) All other sum shall keep and payable to or vested in the Office in respect of any matter incidental to its functions.

Bank Account

20. The Office shall keep and operate bank accounts for its funds with a reputable bank(s) as may be duly authorized by the existing financial Laws and Regulations in the State.

Application of the Funds

21. The funds of the Office shall be utilized for the following purposes:
(1) Salaries, remuneration, fees allowances of staff, agent or consultants to the Office;
(2) For the development and maintenance of any property vested in or owned by the Office;
(3) To defray other expenses authorized by the Office in carrying out its functions under this Law.

Financial Provisions

22.-(1) The Office shall prepare and submit to the Ministry of Economic Planning and Budget an estimate of its income and expenditure in accordance with the call circular of the Ministry of Economic Planning and Budget.
(2) The Office shall keep proper accounts in respect of each year from 1st January to 31st December in accordance with the prevailing audit policy of the State and shall forward its statement of Account of the preceding year to the Auditor-General for Audit purposes.

Accounts and Audit

23.--(1) The Office shall keep a proper account of all its transactions in such form as the Board may direct, being a form that shall conform with standard commercial practice.
(2) The form of accounts shall be such as to secure the provision of separate information in respect of each of the main activities and divisions of the Office.

(3) The accounts shall be audited annually by external auditors appointed by the Board from a list of approved auditors provided by the Auditor-General of the State.

Annual Report

24. The Office shall prepare and submit an annual report in accordance with the prevailing audit policy of the State not later than the 30th day of June each year, a report on the activities of the Office during the immediate preceding year and shall include in such report a copy of the audited accounts of the Office and the Auditor's Report.

Public Private Partnership Agreement

25. Without prejudice to the functions of the State under any other enactment, the State either itself or in conjunction with any other person (including another State) may-
(a) Enter into an agreement with a person (referred to in this Law as a "Partner) for the performance of functions of the State specified in the agreement in relation to-
(i) the design and construction of an asset together with operation of services relating to it and the provision of finance, if required, for such design, construction and operation;
(ii) The construction of an asset, together with the operation of services relating to it and the provision of finance, if required for such construction and operation;
(iii) The design and construction of an asset, together with the provision of finance for such design and construction.
(b) Enter, where appropriate into direct agreement with persons who have arranged or provided funding for the partner for carrying out the Public Private Partnership.

Ratification of Concession Agreement

26. As from the commencement of this Law any Concession Agreement to be entered into by the Office must be presented before the House of Assembly for ratification before implementation.

Designation of Public Infrastructure or Public Assets

27. Notwithstanding the provisions of any Law, the Board may designate any public infrastructure or public asset, any road, bridge or highway within the State as public infrastructure or public assets with respect to which user fee or toll shall be payable for the purpose of this Law subject to the approval of the House of Assembly.

Authorization to Collect User Fees or Tolls

28. Notwithstanding the provisions of any Law, the Board may in the relevant concession or other agreement, authorize any person, in return for undertaking such obligations as may be specified in a concession or project agreement with respect to the design. construction, maintenance, operation. improvement or financing of public infrastructure or public asset, to enjoy specific rights as may be stated in the concession or project agreement including the right to levy, collect and retain service charges, user fees or tolls in respect of the use of the public infrastructure or public assets.

User Fee or Toll Regulation

(29)--- The Office may by Regulation specify the:
(a) service charge, user fees or tolls payable in respect of designated public infrastructure or public assets; and
(b) Condition under which a member of the public will access the use of public infrastructure or public assets.
(2) A concession shall propose for the approval of the Office service charge user fees or tolls or any review of same in relation to the use of public infrastructure or public assets by reference to such circumstances or combination of circumstances or classification as the Office may, after consultation with the concessionaire specify.
(3) The Office may provide for service charge, user fees or tolls to be charged for a period specified in or determined in accordance with the Regulations which may provide for a period when payment of service charge, user fees or tolls shall end:
(a) On a date, or at the end of a period specified in the Regulations; or
(b) On a date determined by reference to:
(i) The achievement of a specified financial objective; or
(ii) Such other factor or combination of factors as may be specified in the Regulations.
(4) Where a concession agreement has been executed in accordance with this Law, the terms of the concession agreement shall be deemed to constitute a valid service charge, user fee or tolls Regulations for the purposes of this Section.

Payment of Service Charge, User Fees or Tolls

30.-(1) Service charge, user fees or tolls shall be paid to the concessionaire and adjusted in accordance with regulations made by the Office or in the absence of such regulations as may be agreed with the concessionaire and incorporated into the relevant concession agreement.
(2) A service charge, user fee or toll levied in respect of public infrastructure or public assets is valid only if it is charged by the concessionaire 'accordance with the provisions of this Law.

Offences and Penalties

31.- (1) It shall be an offence for any person to fail or refuse to pay service charge, user fee or toll in accordance with this Law, any regulations made under this Law or within the terms of Concession Agreement, and the offender shall be liable on conviction to a fine of One Hundred Thousand Naira (N100,000.00) or six (6) months imprisonment or any non-custodial sentence provided by Law.
(2) If it appears to a person employed to collect service charge, user fee or toll that a person has refused or failed to pay, the person so employed May:
(i) refuse to permit the defaulter to use, or prevent him from using the public infrastructure or public asset with respect to which service charge, user fee or toll are payable; and
(ii) Require him to vacate the public infrastructure or public asset, or call, where necessary, the assistance of law enforcement agents.
(3) Where a person refuses to pay a service charge, user fee or toll with respect to the use of any public infrastructure or public asset, the person may be arrested. Where the infrastructure is a road or bridge, the vehicle driven by the person shall be impounded by an authorized person and removed to a vehicle park provided for that purpose, and such vehicle shall remain so impounded until the payment to the concessionaire of the unpaid toll, of the fine prescribed by subsection (1) of this Section and the demurrage to the appropriate authority designated by the Office or shall remain so impounded pending the trial of the offence committed under the said subsection.

Regulation of Service Charge, User Fees or Tolls

32.-(1) The service charge, user fee or toll, which may be levied and collected by the Concessionaire pursuant to any concession agreement, shall in every case be the service charge, user fee or toll specified or calculated in accordance with any index or formula or other provision stated in the concession agreement as agreed with the Office where the concession agreement is entered into prior to the Regulations made by the Office.
(2) Each concession agreement shall set out the procedures, circumstances and formulae by which service charge, user fee or toll to be charged by the Concessionaire shall be calculated, varied or adjusted and such provisions shall be observed and agreement fully implemented.

(3) Where the concession agreement does not set out the provisions for calculation and adjustment or variation of service charge, user fee or toll or such provisions are declared invalid, void, unenforceable or of no effect, by any competent Court or Authority, the Concessionaire shall have the right to make an application to the Office from time to time for an adjustment or variation to the service charge, user fee 'or toll and the Office shall promptly approve or reject any such application having taken into account all relevant circumstances.
(4) The Office shall have power to vary or adjust or to require the adjustment of any service charge, user fee or toll charged by a Concessionaire in respect of a public infrastructure or asset only in accordance with the provisions of this Law or as may have been agreed and incorporated into any relevant concession agreement.

Power to make Regulations

33. -The Office shall have power to make regulations subject to the Regulations Approval Law to:
(a) Designate a public infrastructure or public asset as a service charge, user fee or toll paying infrastructure or asset; and
(b) establish fair and general conditions designating who, when and how the public infrastructure or public asset may be used and from whom service charge, user fee or toll may be collected; and
Pre-Existing Concessions
34.-(1) The provisions of this Law shall apply to Public Private Partnerships or Concessions entered into before the commencement of this Law and shall preserve and protect all rights properties, interests and obligations existing under that contract and any Law applicable when the Public Private Partnerships was entered into or the Concession was awarded.
(2) The provisions of subsection (1) of this Section shall only apply to Public Private Partnerships or Concessions listed in the Second Schedule to this Law.

Interpretation

35. In this Law unless it is otherwise expressly provided for or the context otherwise require –
"Authorized Person" includes a police officer, Public Infrastructure Inspectors, designated officials of the Office and such other person as the Office may from time to time appoint.
"Concession" means the right of economic exploitation of land, assets and rights granted pursuant to a concession agreement under this Law.
" " means the person or organization with whom a concession agreement concerning a Public Private Partnership arrangement has been entered into pursuant to this Law.
"Concession Agreement" means any agreement between the Government and any person. Firm company or limited liability partnership for the construction, maintenance, operation or management of public infrastructure, assets and facilities over an agreed period of time including, but not limited to, the following types of agreements-
(i) Design, Build, Operate and Transfer (DBOT);
(ii) Build, Own, Operate and Transfer (BOOT);
(iii) Rehabilitate, Operate and Transfer (ROT);
(iv) Joint Development Agreement (JDA); or
(v) Operation and Maintenance (OM)
"Commissioner" means the Commissioner for Finance, Lagos State or any person charged with the responsibility to oversee the Ministry of Finance.
“Governor” means the Governor of Lagos State of Nigeria
"Government" means the Government of Lagos State. "
House" means Lagos State House of Assembly.
"Person" means an individual and shall include a limited liability company, a limited liability partnership or any organization duly registered under the Companies and Allied Matters Act 1990;
"Plan" means a technical working drawing, which shows the design of a project.
"Preferred Mandate" is a document issued in favour of a successful pre- qualified bidder.
"Project Agreement" means an agreement between the Office and Private Participant selected by the Office (and the State) to carry out Public Private Partnership, including without limiting the generality of the foregoing, concessions, leases, management contracts, other forms of agreements with private sector entities, technical assistance contracts, consulting services contracts, franchises and regulatory agreement;
"Public Asset" includes the right of use of any property or economic opportunity of a public nature or arising from use of public property.
''Public Infrastructure" includes public facilities and amenities including roads, bridges, highways, rail lines, water transportation facility, public water works, housing, electric power stations, hospitals, recreational parks, motor parks, waste disposal facility, amusements centres, and any other infrastructure or amenities for public use;
"Rehabilitation" means major repairs or maintenance requiring some changes in design or a form of re-construction of infrastructure or asset to add strength, thus renewing or extending the life span.
“Road’’ include:
(1) Roads, the subject of project agreement;
(2) The roadways, water table, bridges and fording on the line of the road;
(3) The land on each side of the roadway and water table up to the boundary of the road;
(4) all traffic lanes, acceleration lanes, shoulder, median strips, overpasses, underpasses, interchanges, approaches, entrance and exit ramps, service areas, maintenance;
(5) Any other areas on or adjacent to any public main road or parochial road, waterway, railway or other routes used for public passenger transport; and
(6) any private road designated as a toll under this Law or otherwise developed or conceded pursuant to a concession agreement.

"Service Charge, User Fee or Toll" means any fee, charge, levy, due or compensation payable in relation to the use of a public infrastructure or asset by any person;

“State” means Lagos State.
“The Office” mean the Office of Public Private Partnerships.

Repeal

36. The Lagos State Roads (Private Sector Participation) Authority Law No.7 of 2007 is repealed.

Citation and Commencement
37. This Law may be cited as the Lagos State Public Private Partnership Law and shall come into effect on 34th day of June, 2011.

SCHEDULE 1

1. The Board may make standing orders to regulate its proceedings at meetings.
2. The Board shall meet at least once a month in each year. The Chairman may summon a meeting when he considers that a meeting is necessary for the discharge of the function of the Board or upon receipt of a notice in writing by two (2) members of the Board requesting for a meeting.
3. The quorum for the meeting shall be three (3) members.
4. The Board may co-opt persons who are not members to any meeting of the Board and such persons may take part in its deliberations but shall not be entitled to vote at the meeting.
5. All questions at a meeting of the Board shall by determined by a majority of votes of the members of the Board present and if there is equality of votes, the Chairman shall have a casting vote.

SCHEDULE 2

1. The Concession Agreement between the Government of Lagos State and the State Roads, Bridges, and Highway Infrastructure (PSP) Development Board and Lekki Concession Company Limited dated 24th April 2006 and any supplemental Agreement made pursuant the Concession Agreement.

This printed impression has been compared by me with the Bill which has been passed by the Lagos State House of Assembly and found by me to be a true and correctly printed copy of the said Bill.
A. T.OLATUNJI
Clerk of the House of Assembly