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Page 1 of 67 MIDSTREAM AND DOWNSTREAM PETROLEUM SAFETY AND ENVIRONMENTAL REGULATIONS, 2025

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(b) may make guidelines for the decommissioning and abandonment of such facilities 
which have been non-operational for a period of five consecutive years.  
 
112. (1) Where the Authority receives notification that a negative environmental impact incident has 
occurred or is occurring within an area of petroleum operations as a result of failure of the 
licensee or permit holder to comply with environmental obligations as required by law or the 
provisions of the licence or permit, the Authority shall — 
(a) issue a Potential Incidence of Non-Conformity notice to the licensee or permit 
holder and commence an investigation to determine whether the licensee or 
permit holder followed the measures — 
(i) in an EMP or the environmental management measures to avoid or 
prevent the incident, 
(ii) to reduce or minimise the negative environmental impact, or  
(iii) to restore, remediate or otherwise offset the negative environmental 
impact; 
(b) where it determines that the licensee or permit holder failed to follow the 
measures in sub-regulation (1) (a) of this regulation, issue an Incidence of Non-
Conformity notice to the licensee or permit holder and impose an administrative 
penalty equivalent to 100% of the licensee or permit holder’s annual contribution 
to the Environmental Remediation Fund; 
(c) in addition to the imposition of the administrative penalty, require the licensee or 
permit holder to carry out the measures for reduction or mitigation of the impact 
within a specified period in accordance with the EMP or as deemed fit by the 
Authority; and 
(d) where it discovers that the licensee or permit holder failed to comply with sub-
regulation (1) (c) of this regulation, issue a Non-Compliance Notice to the 
licensee or permit holder and impose an administrative penalty equivalent to 
150% of the licensee or permit holder’s annual contribution to the Environmental 
Remediation Fund, where applicable.  
Provided that where the licensee or permit holder is not a contributor to the 
Environmental Remediation Fund the sanctions, fines and administrative 
penalties set out in the Act and Regulations made by the Authority shall apply to 
such licensee or permit holder.  
(2) In addition to the imposition of an administrative penalty in sub-regulation (1) of this regulation, 
the licensee or permit holder shall be required to implement the measures to restore, 
remediate, or otherwise offset the effects of the negative environmental impact within a 
specified period in line with the EMP where applicable, failing to do so, the Authority may 
also revoke the licence or permit.   
 
Notice of Non-
Compliance with 
environmental obligations