Library / B 2103 Federal Republic of Nigeria Official Gazette No. 205
B 2103 Federal Republic of Nigeria Official Gazette No. 205

Page 60 of 82
B  2162
146.—(1)  Where the Authority determines that a licensee or permit holder’s
contravention of the Act, regulations made pursuant to the Act or terms and
conditions of its licence or permit, causes danger to people, personnel,
environment, equipment or petroleum operations, the Authority may serve an
incidence of non-conformity on the licensee or permit holder —
(a)  specifying the actual contravention;
(b)  directing the licensee or permit holder to whom the notice is issued to
cease and desist, or to do or not to do an act or activity specified in the
notice;
(c)  specifying the time frame for compliance with the notice;
(d)  stating that failure to comply shall result in the issuance of an
enforcement order; and
(e)  informing the person of their right to make a representation to the
Authority.
(2)  An incidence of non-conformity notice shall be issued where —
(a)  a contravention has occurred or is deemed to have occurred; or
(b)  the licensee or permit holder has failed to address a contravention
despite the previous issuance of a potential incidence of non-conformity.
    (3) The Authority may issue an incidence of non-compliance notice for a
specific location, component or piece of equipment in a facility where it is
determined to be part of an unsafe situation or it is detrimental to people, personnel,
environment, equipment or petroleum operations, and can be shut-in without
affecting the overall safety of the facility, provided that, where the Authority
determines that the specific location, component or piece of equipment cannot
be shut-in without affecting the overall safety of the facility, the Authority may
direct that the entire facility is shut down.
(4) The representation of the person to whom the incidence of non-
conformity is issued shall include —
(a)  evidence that no contravention occurred, if any; or
(b)  where there is no contention that the contravention occurred, —
(i)  an account of the circumstances leading up to the contravention; and
(ii)  corrective measures undertaken to minimise impact.
(5)  The Authority may, upon consideration of representation made by the
licensee or permit holder —
(a)  assess a penalty and set a date for which the penalty is to be paid in
full; or
(b)  determine that no penalty shall be assessed.
147. The Authority may, not later than 30 days from the receipt of
representation, make an enforcement order to the licensee or permit holder which
shall —
Incidence of
non-
conformity
Enforcement
order