Library / Midstream and Downstream Decommissioning and Abandonment Regulations 2023
Midstream and Downstream Decommissioning and Abandonment Regulations 2023

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B 839
PART V— ENFORCEMENT AND RECOVERY
21.  The Authority shall enforce compliance to the provisions of these
Regulations in the following manner —
(a) where a licence has expired, is surrendered, or terminated and no
decommissioning and abandonment has been executed by the licensee, or
where there is an unfulfilled decommissioning and abandonment obligation,
the Authority shall require the former licensee to execute the
decommissioning and abandonment in accordance with the previously
approved Plan ; and
(b) where a licence has been assigned or transferred by the licensee
prior to the execution of any decommissioning and abandonment obligation
provided for in a Plan, the obligation to execute the Plan relating to the
licence shall be enforced against the transferee of the licence.
Enforcement by the Authority
22.—(1) The Authority, where it revokes a licence, may —
(a) impose restrictions on the disposal of the facility ; or
(b) direct in writing that the licensee refrain from conducting as pecific
Programme regarding the facility.
(2) The former licensee under subregulation (1) shall, deliver the facility,
in the present condition, to the third party designated by the Authority, and the
licensee shall be relieved of any future obligation relating to decommissioning
and abandonment of such facility and any remaining amount in the Fund shall
be transferred to the Authority for the purpose of future decommissioning and
abandonment of the facility.
(3)   The Authority shall, notwithstanding the provision of subregulation(2),
take necessary action to recover from the former licensee any shortfall in
contribution to the Fund where there is no designated third party and the
licensee’s contribution is not sufficient to cover the cost of the Programme.
PART VI—ASSET DATABASE
23.—(1)  The Authority shall keep and maintain a database of midstream
and downstream petroleum facilities or infrastructure onshore, swamp and
offshore in Nigeria.
(2) The database shall —
(a)  include a list of all installations, structures and pipelines used in the
operations and their status ;
(b)  be a public document and be published on the website of the
Authority ; and
(c)  be subject to annual review and update by the Authority.
Restrictions
on the
disposal of
revoked
asset
Database of
installations,
structure
and asset