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

Page 8 of 12
B  852
PART V— INTERVENTION AND INCIDENT QUALIFICATION
PROCEDURE FOR THE FUND
8.—(1) Where the Authority determines based on the intervention criteria
prescribed in these regulations that a negative environmental impact incident
has occurred in a particular operational area, the Authority shall require all the
licensees in that area to set up an ad hoc environmental management and
rehabilitation committee for the purpose of carrying out a rehabilitation
programme under the Fund.
(2) The committee shall submit a programme of rehabilitation to the
Authority describing the intervention work to be carried out, the duration,
cost, and implementation framework for the conduct of the programme, and
the rehabilitation programme submitted by the committee may consist of either
remediation, reclamation, restoration or any combination of the three as the
case maybe.
(3)  The Authority shall, if satisfied with the programme submitted by the
committee, approve the programme and release funds to the committee to
carry out the rehabilitation under the supervision of the Authority, and the
funds released under this subregulation shall be from the portion contributed
by the licensees in that area.
(4) The committee shall be responsible for accounting for the money
released for the rehabilitation programme and shall submit a report to the
Authority on the conclusion of the rehabilitation programme.
9.—(1) The Authority shall apply the following criteria in the determination
of negative environmental impact from petroleum operations which the Fund
may be utilised for intervention where the negative environmental impact
affect—
(a) land (whether for agricultural or other purposes), air, water (seas,
rivers, and ground water), soil,ecosystem, biodiversity and causes waste
production or noise pollution ;
(b) public infrastructure such as access roads, bridges, public drainage
systems, utility facilities, rail lines, cultural sites, religious sites, sacred sites,
other transportation infrastructure ;
(c) public health ; or
(d) any other negative impact as may be determined by the Authority.
(2)  The Authority may also, in determining that a licensee is unable to
rehabilitate or manage any negative impact on the environment, apply the
following criteria —
(a)  the licensee is declared bankrupt or subject to winding up proceedings ;
Determina-
tion of
intervention
mechanism.
Incident
qualification
procedure.