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Library / Page | 1 MIDSTREAM AND DOWNSTREAM PETROLEUM OPERATIONS REGULATIONS, 2024

Page | 1 MIDSTREAM AND DOWNSTREAM PETROLEUM OPERATIONS REGULATIONS, 2024

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(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