Library / B 889 Federal Republic of Nigeria Official Gazette No. 189
B 889 Federal Republic of Nigeria Official Gazette No. 189

Page 6 of 29
B  894
5.—(1)  A licensee shall, in determining which community is a host
community within its area of operation consider the following —
(a)  for pipelines appurtenant to the host communities, a distance of 500
metres measured on both sides of the pipeline;
(b)  for operational facilities that are appurtenant to the host communities,
a distance of 2 kilometres measured from the battery limit of the facility;
(c)  its operational activities and impact on communities in the area of
operation;
(d)  pipeline communities through which petroleum liquids and natural
gas are transported;
(e)  facility hosting communities;
(f )  service rendering communities, including communities where licensees
have constructed staff housing or personnel accommodation; and
(g)  any other community as may be determined by the licensee.
(2)  A host community which is a beneficiary of a trust shall not be
excluded by the licensee or Authority from the trust except where —
(a)  the boundary of the operational area changes, such that a community
previously selected as a beneficiary is no longer within the operational area of
the retained area of the licence ; or
(b)  a court of competent jurisdiction has by a final judgment, determined
that a community previously selected as a host community does not qualify as
a host community under the Act, these Regulations or any other relevant law.
PART III — HOST COMMUNITIES’ DEVELOPMENT TRUST
6. A licensee undertaking midstream petroleum operations in designated
facilities as prescribed in the Act shall, not later than 12 months from the
commencement date of these Regulations, incorporate a host community
development trust in accordance with the provisions of these Regulations.
7. A licensee shall, prior to incorporation of a trust at the Corporate
Affairs Commission, submit to the Authority for approval, the following
documents in relation to the trust to be registered —
(a)  a copy of the proposed constitution of the trust to be registered ;
(b)  the details of the proposed trustees of the trust, intended to form the
Board of Trustees as stipulated in these Regulations ;
(c)  the criteria for the selection of the trustees, in accordance with
these Regulations ;
(d)  a copy of the applicant’s licence with a map identifying the applicant’s
area of operations annexed to it ;
(e)  the list and location of host communities to be covered by the trust ;
Determination
of Host
Communities
Incorporation
of the Host
Communities
Development
Trust
Pre-approval
of Host
Communities
Development
Trust
registration
by the
Authority