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

Page 69 of 101
 
 
Page | 69 
 
sub-regulation (1) cannot be shut-in without affecting the overall safety of 
the facility, the Authority may issue a “facility shut down notice”. 
133. Where a person to whom a notice of non-compliance is issued, fails 
to make a representation or fails to provide a compelling reason why a 
penalty should not be issued, the Authority shall issue a demand notice 
and — 
(a) apply the administrative penalties in applicable Regulations; or  
(b) impose the sanctions and fines provided in the Act. 
Issuance of 
demand 
notice 
134. Where a person fails to comply with a cease-and-desist order issued 
as provided in section 215 of the Act, the Authority may, subject to the 
provisions of these Regulations levy a fine not exceeding 5% of the annual 
turnover of the company for the preceding year or revoke the licence of 
any person who fails to comply with a cease-and-desist order. 
Decision on 
failure to 
comply with 
cease-and-
desist order 
135. (1) Prior to a decision by the Authority to revoke a licence or permit 
in section 120 of the Act, the Authority shall — 
(a) serve a notice of default on the licensee or permit holder 
setting forth in reasonable detail the default of the licensee or 
permit holder; and 
 
(b) give the licensee or permit holder 60 days within which to 
remedy the default. 
 
(2) Where the Authority is satisfied with the remedy of the licensee or 
permit holder in sub-regulation (1) (b), the revocation process shall be 
discontinued. 
 
(3) Where, at the expiration of 60 days, the licensee or permit holder fails 
to remedy the default, the licence or permit shall be revoked. 
 
(4) A notice of default shall be — 
 
(a) sent by the Authority to the last known address of the licensee 
or permit holder or its legal representative in Nigeria, or 
 
(b) published in the Federal Government Gazette or on the 
website of the Authority, 
each of which shall constitute sufficient notice to the licensee or permit 
holder of the notice of default. 
(5) Revocation shall be without prejudice to any — 
Revocation of 
a licence or 
permit