Afrindustria/ Gas Gap Monitor

Library / PETROLEUM INDUSTRY ACT, NO. 6, 2021 MIDSTREAM AND DOWNSTREAM PETROLEUM PREVENTION OF ANTICOMPETITIVE PRACTICES AND BEHAVIOUR REGULATIONS, 2026 ARRANGEMENT OF REGULATIONS

PETROLEUM INDUSTRY ACT, NO. 6, 2021 MIDSTREAM AND DOWNSTREAM PETROLEUM PREVENTION OF ANTICOMPETITIVE PRACTICES AND BEHAVIOUR REGULATIONS, 2026 ARRANGEMENT OF REGULATIONS

Page 85 of 127

Open the PDF at page 85

85 
 
(3) Compliance with such Codes shall be mandatory once issued and 
referenced under these Regulations. 
 
133. Amendment of Schedules 
(1) The Authority may, by official notice published in the Gazette or its 
designated medium, amend any Schedule annexed to these Regulations. 
(2) Schedules are deemed to form an integral part of these Regulations but 
may be revised more frequently to reflect evolving market conditions. 
(3) Such amendments may include the adjustment of penalty amounts, 
modification of notification forms, updating of compliance templates, or other 
procedural matters. 
(4) Where any proposed amendment materially affects the rights or obligations 
of licensees or stakeholders, the Authority shall conduct stakeholder 
consultation, except where urgent public interest or market stability 
considerations require immediate action. 
 
 
134. Incidental and Ancillary Powers 
(1) 
The 
Authority 
may 
exercise 
all 
incidental, 
supplementary, 
or 
consequential powers necessary or expedient to give effect to the provisions 
of this Regulation, including issuing supplementary instruments, establishing 
compliance mechanisms, or clarifying interpretive questions, provided such 
acts are within the statutory mandate of the Authority under the Act. 
(2) This includes the power to issue directives, notices, or decisions necessary 
for the enforcement or implementation of any provision in these Regulations. 
  
135. Interpretation in consonance with the objectives of the Act  
(1) In interpreting any provision of these Regulation: 
(a) reference may be made to the relevant provisions of the Act, particularly 
Sections 116, 210, 211,212 and 213; 
(b) the Regulation shall be construed to promote and give effect to the 
competition and market regulation objectives of the Act. 
(2) In the event of any ambiguity or silence in the Regulation, reference may 
be made to the Act and its Explanatory Memorandum to ensure consistency 
with its competition and market development objectives. 
   
136. Savings and Preservation of Broader Regulatory Powers 
(1) Nothing in these Regulations shall preclude the Authority from enforcing any 
condition of a licence or any provision of another regulation where such 
enforcement advances competition, market access, or consumer welfare. 
(2) The absence of an express clause addressing a particular form of anti-
competitive behaviour does not imply permissibility thereof; the Authority 
retains the discretion to act where such conduct is inconsistent with the 
competition objectives of the Act or these Regulations. 
(3) A conduct not explicitly prohibited under these Regulations may still be 
subject to enforcement where it contravenes the broad competition principles 
enshrined in the Act or related regulatory instruments.