Library / Extraordinary Federal Republic of Nigeria Official Gazette No. 107
Extraordinary Federal Republic of Nigeria Official Gazette No. 107

Page 13 of 24
(3) Where the licensee or permit holder in subregulation (2) fails to 
rehabilitate, manage or is unable to undertake the rehabilitation or management 
of any impact on the environment arising from its operations, the procedure or 
criteria for incidence qualification as prescribed in the Midstream and 
Downstream Environmental Remediation Fund Regulations, shall be applied. 
31.—(1) Spill management and remediation chemicals or products 
intended for use within Nigeria and its territorial waters shall be subjected to 
tests and approval by the Authority prior to use or deployment. 
(2) Use of exogenous microbes in remediation of any spill impacted 
sites in the midstream and downstream industry is prohibited. 
(3) Use of spill chemicals on land, coastal and inland waters is prohibited. 
(4) The on-scene-commander shall obtain the approval of the Authority 
for the deployment of any spill chemical in offshore water spills. 
Part X — NON-COMPLIANCE AND PROCEDURE FOR SANCTION 
32.—(1) Where the Authority receives notification that a negative 
environmental impact incident has occurred or is occurring within an area of 
petroleum operations as a result of failure of the licensee or permit holder to 
comply with environmental obligations as required by law or the provisions of 
the licence or permit, the Authority shall — 
(a) issue a potential incidence of non-conformity notice to the licensee 
or permit holder and commence an investigation to determine whether the 
licensee or permit holder followed the measures — 
(i) in an EMP or the environmental management measures to avoid or 
prevent the incident, 
(ii) to reduce or minimise the negative environmental impact, or 
(iii) to restore, remediate or otherwise offset the negative environmental 
impact ; 
(b) 
where it determines that the licensee or permit holder failed to 
follow the measures in paragraph (a), issue an incidence of non-conformity 
notice to the licensee or permit holder and impose an administrative penalty 
equivalent to 100% of the licensee or permit holder’s annual contribution 
to the Environmental Remediation Fund ; 
(c) in addition to the imposition of the administrative penalty, require the 
licensee or permit holder to carry out the measures for reduction or mitigation 
of the impact within a specified period in accordance with the EMP or as 
deemed fit by the Authority ; and 
(d) where it discovers that the licensee or permit holder failed to comply 
with paragraph (c), issue a non-compliance notice to the licensee or permit 
B 811 
Use of spill 
management 
and 
remediation 
chemicals or 
products 
Notice of 
non- 
compliance 
with 
environmental 
obligations