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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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specifying the act or activity; 
(b) direct the person to whom the notice is issued to do or not to 
do, the specified act or activity; or 
(c) specify the time frame for compliance with the notice. 
129. (1) A person whom the Authority suspects will either commit an 
offence or has committed an offence shall be issued a notice of non-
compliance which shall — 
(a) state the facts and circumstances that make the person liable 
to a penalty; 
(b) specify the penalty; and 
(c) inform the person of their right to make representation to the 
Authority. 
(2) The person to whom notice in sub-regulation (1) is sent may make 
representation to the Authority, within 30 days after receipt of the notice. 
 
Issuance of 
notice of non-
compliance 
130. The representation of the person to whom the notice of non-
compliance is issued shall include — 
(a) circumstances leading up to the offence, 
(b) evidence that no offence occurred, or 
(c) corrective measures provided to minimise impact,  
 
where there is no contention from the representation that an offence 
was committed. 
Representation 
on notice of non-
compliance 
131. (1) The Authority, upon consideration of representation made in 
regulation 12 may — 
(a) assess a penalty and set a date by which the penalty is to be 
paid in full; or 
(b) determine that no penalty be assessed. 
(2) The Authority shall serve a copy of its decision in sub-regulation (1) on 
the person who made the representation within 30 days after the receipt 
of the representation. 
Decision on 
issuance of 
penalties 
132.  
(1) 
The Authority may issue a “component incident of noncompliance 
notice” for a specific piece of equipment or location when it is 
determined to be part of an unsafe situation or it is detrimental to people, 
property, and environment, and can be shut-in without affecting the 
overall safety of the facility. 
(2) 
Where the specific piece of equipment or location referred to in 
Component 
Incidence of 
non-
compliance 
notice