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

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B 843
PART VIII — MISCELLANEOUS PROVISIONS
30.—(1) A licensee, who fails to submit a Plan with respect to a licence
within the time prescribed in these Regulations shall be liable to an administrative
penalty —
(a)  for a midstream facility, USD100,000, or
(b)  for downstream facility N2,500,000,
payable to the Authority.
(2)  A licensee who fails to establish the Fund within the time prescribed
in these Regulations shall be liable to an administrative penalty —
(a) for a midstream facility, USD100,000, or
(b) for downstream facility N2,500,000,
payable to the Authority.
(3)  A licensee who fails to contribute to the Fund, in the manner prescribed
in the approved Plan under these Regulations, three months after payment is
due, shall be liable to an administrative penalty of one year contribution to the
Authority in addition to the sum due and payable to the Fund for the period.
(4)  A licensee who commences or carries any Programme without the
approval of the Authority as provided for in these Regulations shall be liable to
an administrative penalty —
(a) for a midstream facility, USD200,000, or
(b) for downstream facility N5,000,000,
payable to the Authority.
(5)  The penalties under these Regulations may be payable in Naira at
the prevailing exchange rate of the Central Bank of Nigeria as advised by the
Authority.
(6)  Where a failure to comply under subregulations (1) - (3) extends for
a period more than one year, the Authority shall cancel the licence under
section 32(i) of the Act.
31.  The Authority —
(a)  shall determine licensees who may be excluded from the application
of these Regulations ; and
(b)  may make guidelines for the decommissioning and abandonment of
such facilities which have been non-operational for a period of five
consecutive years.
32.  The Authority may issue guidelines and directives for a Plan and for
effective implementation of these Regulations.
Penalties
Exclusions
Authority to
issue
guidelines