Library / B 827 Federal Republic of Nigeria Official Gazette No. 109
B 827 Federal Republic of Nigeria Official Gazette No. 109

Page 6 of 18
B  832
5.  A licensee of an existing midstream or downstream petroleum facility
shall, within 120 days of the commencement of these Regulations, submit to
the Authority a Plan made in accordance with these Regulations.
6.  A person intending to construct a midstream or downstream petroleum
facility shall, as part of its application, submit to the Authority a Plan in
accordance with these Regulations.
PART III — REQUIREMENT FOR ESTABLISHMENT OF ANNUAL CONTRIBUTIONS
TO A DECOMMISSIONING FUND IN THE DECOMMISSIONING PLAN
7. A Plan shall state the annual amount to be contributed to the respective
Fund set up by the licensee in respect of any midstream and downstream
petroleum operations that these Regulations apply.
8. The annual contribution provided for in a Plan shall, subject to the
approval or directives of the Authority, be reviewed every five years as required
during the period of the licence or until the cessation of petroleum operations
to which the Plan relates.
PART IV — APPLICATION AND APPROVAL FOR PLAN AND PROGRAMME
9.  A Plan shall contain a decommissioning and abandonment philosophy
that reflects economic, social and environmental sustainability.
10.—(1) The Authority shall approve a Plan under regulation 5 which
meets the requirements of regulation 9.
(2)  A Plan submitted under regulation 6 which meets the requirements
of regulation 9, shall be deemed approved by the Authority on the grant of
licence to construct the facility to which the Plan relates.
(3)  A Plan approved by the Authority shall, from the effective date of
the grant of approval, govern any decommissioning and abandonment
programme (“Programme”) or activity relating to the petroleum operations to
which the Plan relates.
11.—(1)  A licensee may, prior to the commencement of the execution
of the Programme, propose and submit to the Authority an update to the
approved Plan.
(2)  The Authority shall review and approve the proposed update where
it meets the requirements of regulation 9.
12.—(1)  A licensee shall prior to the implementation of the Programme,
obtain the approval of the Authority to decommission and abandon any
midstream and downstream facility.
Annual
contribution
to Fund
Duty to
submit a
Plan by
existing
licensee
Duty to
submit a
Plan by new
licensee
Timeline for
review of
annual
contribution
Decommi-
ssioning and
abandonment
philosophy
Approval of
a Plan
Provision to
update a
Plan
Application
for a
Programme