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

Page 6 of 9
B  188
PART II — CONSEQUENCE MANAGEMENT NOTICES
4.  Where the Authority reasonably believes that a person is about to
commit an offence or has committed an offence, the person shall be issued
the following notices —
(a)  potential incidence of non-conformity ;
(b)  incidence of non-conformity ;
(c)  notice of non-compliance ; or
(d)  demand notice.
5.  The potential incidence of non-conformity is the notice issued by the
Authority to —
(a)  prevent an imminent penalty ; and
(b)  provide an opportunity for corrective measures.
6.  The incidence of non-conformity is the notice issued to a person
where —
(a)  one or more offences have occurred or deemed to have occurred ;
(b)  the failure to address such offence has arisen despite earlier
notifications specified by the potential incidence of non-conformity ; and
(c)  an opportunity is provided for a person to make representations as
regards the incident.
7.  A notice of non-compliance, subject to Regulations 5 and 6, is issued
where —
(a)  a person fails to prevent the incident stated ; or
(b) no representation was made to prevent a penalty being issued.
8.  A demand notice is a formal notification conveying the Authority’s
decision and penalties to be imposed on a person who has failed to resolve the
incidences as stated in the notices.
PART III — PRE-SANCTION  PROCEDURES
9.  Where an activity prohibited under the Act, Regulations or directives
of the Authority, is likely to be undertaken by any person, the Authority may
serve a potential incidence of non-conformity notice specifying the activity
and directing the person to desist from such activity within the specified timeline
as stated in the notice.
10.  Where the Authority determines that a violation poses no danger to
personnel, environment, equipment or midstream and downstream petroleum
operations, the Authority may—
(a)  serve an incidence of non-conformity notice on the person specifying
the act or activity ;
Notices
Potential
incidence of
non-
conformity
Incidence of
non-
conformity
Notice of
non-
compliance
Demand
notice
Issuance of
potential
incidence of
non-
conformity
Issuance of
incidence of
non-
conformity