AMAC lacks the powers to impose Gaseous Emission Permit Levy – Kennedy Iwundu

AMAC lacks the powers to impose Gaseous Emission Permit Levy

  1. Section 2C of fourth schedule of the constitution which AMAC is relying upon never gave AMAC the right to impose any Ecological or Environmental levy. That section 2C only prescribed for provision and maintenance of health services as part of the functions of Local Governments in the constitution.
  2. AMAC can not rely on Taxes and Levies approved list for collection because Gaseous Emission Permit Levy is not listed under Taxes and Levies approved list for collection. Moreover, Taxes and Levies approved list for collection has been nullified by court of appeal. It is dead.
  3. AMAC can not rely on section 25 of Federal Environmental Protection Agency Act. That act has been nullified and replaced by National Environmental Standards Regulations Enforcement Agency (NESREA)

NESREA is the only body now that has the responsibility to regulate Gaseous Emissions Permit Levy through standard technological and scientific measurements of gas emissions and billing systems

  1. AMAC can not get involved in Ecological levy legislation. Ecological levy is the responsibility of State governments and not local
  2. AMAC can not rely on the National Environmental Health Practice Regulations of 2016 because because it is a subsidiary legislation. A subsidiary legislation that is inconsistent with an act of national assembly or the constitution of the country is null and void.

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