Library / Page | 1 MIDSTREAM AND DOWNSTREAM PETROLEUM OPERATIONS REGULATIONS, 2024
Page | 1 MIDSTREAM AND DOWNSTREAM PETROLEUM OPERATIONS REGULATIONS, 2024
Page 67 of 101
Page | 67 (a) potential incidence of non-conformity; (b) incidence of non-conformity; (c) notice of non-compliance; or (d) demand notice 123. 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. Potential incidence of non- conformity 124. 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. Incidence of non-conformity 125. 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. Notice of non- compliance 126. 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 incidents as stated in the notices. Demand notice 127. 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. Issuance of potential incidence of non- conformity 128. Where the Authority determines that a violation poses no danger to personnel, environment, equipment or petroleum operations the Authority may — (a) serve an incidence of non-conformity notice on the person Issuance of incidence of non-conformity
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