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Library / B 183 Federal Republic of Nigeria Official Gazette No. 55

B 183 Federal Republic of Nigeria Official Gazette No. 55

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B 187
S. I. No. 14 of 2023
Commence-
ment
PETROLEUM INDUSTRY ACT, NO. 6, 2021
MIDSTREAM  AND  DOWNSTREAM  PENALTIES
AND ENFORCEMENT MECHANISMS REGULATIONS, 2023
[14th Day of  March, 2023]
In exercise of the powers conferred on it by sections 33(i) and 231 of the Petroleum
Industry Act, No. 6, 2021 (“Act”) and all other powers enabling it in that behalf,
the Nigerian Midstream and Downstream Petroleum Regulatory Authority
(“Authority”)  makes these Regulations —
PART I — GENERAL  PROVISIONS
1. The objectives of these Regulations are to—
(a) provide a framework for the application, administration and
enforcement of penalties in the midstream and doAuthority to issue
guidelineswnstream petroleum operations ; and
(b)  provide instruments and notices for enforcement of penalties.
2.  These Regulations shall apply to the administration and enforcement
of penalties and sanctions in midstream and downstream petroleum operations.
3.—(1) Penalties in midstream and downstream petroleum operations
shall be as prescribed in the Act and regulations made by the Authority based
on the nature and impact of regulatory breaches.
(2)  Penalties in midstream and downstream petroleum operations may
arise as a result of —
(a) a failure to undertake midstream and downstream petroleum
operations in a manner that ensures —
(i) the safety of lives and property,
(ii) safe and sustainable operations, and
(iii) the protection of the environment ;
(b) a failure to undertake midstream and downstream petroleum
operations in accordance with the terms of a licence, permit or authorisation
granted by the Authority ;
(c)  financial impropriety ;
(d)  mal-operation of facilities ;
(e)  unfair market practices ;
(f)  unlicensed operations or services ; and
(g)  other unlawful practices or non-compliance prescribed by the Act.
Objectives
Application
Penalties