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Library / Page 1 of 35 MIDSTREAM PETROLEUM HOST COMMUNITIES DEVELOPMENT TRUST REGULATIONS, 2024

Page 1 of 35 MIDSTREAM PETROLEUM HOST COMMUNITIES DEVELOPMENT TRUST REGULATIONS, 2024

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6. (1) An area of operation shall be a territory within the boundary of 
the area to which a licence relates, and any area which hosts 
designated facilities used in midstream petroleum operations in 
accordance with the provisions of section 318 of the Act.  
 
(2) The Authority shall set criteria for the licensee to determine what 
constitutes an area of operation provided that in determining the 
area of operation, the licensee shall take into consideration its 
operational activities and impact on communities in the area of 
operation. 
 
(3) A host community which is a beneficiary of the trust shall not be 
excluded by the licensee or Authority from a trust except in the 
following circumstances – 
 
(a)  
where the boundary of the operational area changes, such 
that a community previously selected as a beneficiary is no longer 
within the operational area of the retained area of the licence; or 
 
(b) 
where a court of competent jurisdiction has by a final 
judgment, determined that a community previously selected as a 
host community, does not qualify as a host community under the Act, 
these Regulations or any other law in force. 
 
Determination 
of 
area of operation 
and 
host 
community 
 
 
 
PART III-HOST COMMUNITY DEVELOPMENT TRUST  
 
 
7. A licensee shall, prior to a registration of a trust at the Corporate Affairs 
Commission, submit to the Authority for approval, the following 
documents in relation to the trust to be registered – 
 
(a) 
a copy of the proposed constitution of the trust to be 
registered, which shall comply with sections 239(1), 239(2), 
240(1), 241, 242(1), 247(1), 249(1), 254 and 255 of the Act and 
section 827 of the Companies and Allied Matters Act;  
 
(b) 
the details of the proposed trustees of the trust, 
intended to form the Board of Trustees as stipulated in these 
Regulations; 
 
(c) 
the criteria for the selection of the trustees, in 
accordance with these Regulations; 
Pre-approval 
of 
Host 
Community 
Development Trust 
registration by the 
Authority