Library / Page 1 of 7 MIDSTREAM AND DOWNSTREAM PETROLEUM THIRD-PARTY ACCESS AND OPEN ACCESS REGULATIONS, 2023
Page 1 of 7 MIDSTREAM AND DOWNSTREAM PETROLEUM THIRD-PARTY ACCESS AND OPEN ACCESS REGULATIONS, 2023

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(a) 
be cost-reflective; 
(b) 
take into account legitimate costs; 
(c) 
ensure reasonable return on investment for the licensee; 
(d) 
be transparent, fair, reasonable; and 
(e) 
promote market competition.  
6. Upon commencement of these Regulations, all licensees shall: 
(a) maintain accurate records of Third-Party access, capacity 
allocation, and tariff details; and 
 
(b) at the end of every quarter, submit to the Authority, the records in 
sub-regulation 6(a) to ensure transparency and accountability. 
Reporting 
Obligations 
7. (1) In case of any dispute between a licensee and a Third-Party in 
relation to these Regulations, both parties shall be obligated to 
engage in amicable dispute resolution process in good faith, and 
failing which they may make recourse to the Authority. 
(2) Where either of the parties involved in the dispute elects to make 
recourse to the Authority as envisaged in sub-regulation 7(1), 
such party, within 7 days after the inability to achieve amicable 
dispute resolution, shall submit a written notice of dispute to the 
Authority, indicating- 
(a) a clear description and point(s) of dispute; 
(b) relevant evidence; and 
(c) the prayers sought. 
 
(3) Upon receipt of the notice of dispute as in sub-regulation 7(2), the 
Authority shall facilitate discussions between the parties through 
mediation in a confidential manner but without imposing a 
binding decision on the parties. 
 
(4) Where the Authority is unable to achieve amicable resolution of 
the dispute through mediation within 60 days of receipt of the 
notice of dispute as in sub-regulation 7(2), the Authority shall 
appoint for the parties, an Arbitrator who is an independent 
expert 
with 
relevant 
experience 
in 
the 
midstream 
and 
downstream petroleum industry and dispute resolution. 
 
(5) The decision of the Arbitrator shall be final and binding on both 
parties and such decision shall be based on the evidence 
presented and the principles of fairness and equity. 
Dispute Resolution