Library / Midstream and Downstream Environmental Remediation Fund Regulations 2023
Midstream and Downstream Environmental Remediation Fund Regulations 2023

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(6)  A refund of a financial contribution shall not be made where the
contribution has been —
(a) utilised by the Authority in accordance with these Regulations ; or
(b)  utilised for rehabilitation or management of negative impact associated
with mystery spill.
(7)  On payment of any financial contribution under this regulation, the
licensee shall submit to the Authority evidence of payment and the calculations
on which the payment made was derived in a Form prescribed by the Authority
and published on its website.
7.—(1)  The Authority shall, within 30 days of the submission of evidence
of payment by the licensee inform the licensee if it is not satisfied with the
assessment on which the financial contribution was determined and may appoint
an independent assessor to conduct a re-assessment and determine the
applicable financial contribution which shall be paid by the licensee within the
time specified by the Authority.
(2)  The Authority shall only appoint an independent assessor where
the —
(a) financial contribution does not reflect the size of the operations and
the level of environmental risk ;
(b) allocation to environmental categories under these Regulations is in
error ;
(c) capital expenditures, production or both are under-estimated ; or
(d) Authority deems the assessment or financial contribution is
unsatisfactory.
(3)  An independent assessor to be appointed by the Authority under
subregulation (1) shall be competent and have expertise and experience in
environmental matters, natural resource planning and management,
management of petroleum operations, and environmental rehabilitation practices.
(4)  The Authority shall give the licensee a written notice within 30 days
of appointing an independent assessor, that the financial contribution requires
an adjustment and that a re- assessment has been initiated.
(5)  On the completion of the re-assessment, the Authority shall notify
the licensee in writing of any adjustment to the financial contribution and direct
the licensee to make the payment within a specified period.
(6)  Failure of the Authority to notify a licensee of the intention to carry
out a re-assessment within the timeline prescribed in this regulation shall be
deemed as final acceptance of any contribution made by the licensee in that
applicable year for the operations under its licence.
Appointment
of
independent
assessor