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GUIDELINES FOR THE ESTABLISHMENT HYDROCARBON PROCESSING PLANTS (PETROLEUM REFINERY AND PETROCHEMICALS) IN NIGERIA

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GUIDELINES FOR THE ESTABLISHMENT OF HYDROCARBON PROCESS PLANTS (PETROLEUM 
REFINERY AND PETROCHEMICALS PLANTS) IN NIGERIA 
 
 
SECTION 1 
 
1.1 
SCOPE 
These guidelines are issued pursuant to Regulation (2) and (3) of the Petroleum Refining Regulations, 
1974 and shall apply to the construction of Petroleum Refinery and Petrochemical Plants.  
 
1.2 
APPLICATION 
Applications for approval to establish a refinery or any other hydrocarbon process plant shall be made 
in the manner described in section 1.3 below and in the form schedule in Appendix 1. 
 
1.3 
APPROVAL PROCESS FOR THE DESIGN, CONSTRUCTION, COMMISSIONING AND 
OPERATION OF A PROCESS PLANT 
The approval process described hereunder is designed to ensure that the applicant for approval and 
permit to establish a Petroleum Refinery (or a process plant), understands the industry, the technical 
and economic implications of the project, the sociological and environmental impact of the plant, and 
maintenance provisions required to protect the health of the operating staff and safety of plant. It is 
designed to prevent avoidable waste of resources by ensuring at each stage that the applicant 
understands the statutory requirements of each phase of the project. 
 
Consequently, the approval shall be given in three sequential stages: License to Establish (LTE), 
Approval to Construct (ATC) and License to Operate (LTO) respectively.  
 
Note that requirement in sections “2.1.1 item IV, 3.4 item 2(iV), 6.3, Appendix I post-script item (iii)” regarding 
payment of “refundable  commitment deposit of $1 million per 10,000 BPSD capacity” of this guideline are no longer 
applicable effective 2009. 
 
SECTION II 
 
2.1 
LICENSE TO  ESTABLISH 
This approval stage is to confirm general feasibility of the proposed project, market plan, products 
specifications, site selection, proposed crude oil (or feedstock) supply plan and product evacuation 
plan, preliminary safety and environmental impact statement, and organizational plans. The following 
submissions shall be made to the Department of Petroleum Resources to facilitate the corresponding 
milestone approvals as itemized in sections 2.1.1 to 2.1.4: 
 
2.1.1. 
Application and Statutory Payments for all licenses and approvals  
i) 
Submission of application for licenses to establish a private refinery as stipulated in Appendix l 
ii) 
Payment of statutory application fee of fifty thousand US dollars only (US $50,000) for LTE, 
Plant Relocations and ATC Revalidation or one hundred thousand dollars only (US $100,000) 
for license to operate (LTO) in bank draft in favour of Federal Government of Nigeria ‘DPR Fees 
Accounts’ and  
iii) 
Payment of N500,000 Service charge in bank draft in favour of the ‘Department of Petroleum 
Resources’ 
iv) 
Payment of refundable deposit of One million dollars only (US $1,000,000) for every 10,000 bpsd 
refinery capacity for LTE, Plant Relocations and ATC Revalidation. Refund is subject to 
adherence to agreed project execution schedule within the first eighteen months and 
achievement of 70% front end engineering design (FEED) before expiration of the license 
otherwise the sum deposited is forfeited to the Federal Government.