The petroleum and Industry Bill 2012 part1


A BILL FOR AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A LEGAL, FISCAL AND REGULATORY FRAMEWORK FOR THE PETROLEUM INDUSTRY IN NIGERIAAND FOR OTHER RELATED MATTERS

[                 ]   Commencement

ENACTED by the National Assembly of the Federal Republic of Nigeria as follows:

 

PART I

OBJECTIVES

1.       Objectives

The objectives of this Act are to –

(a) create a conducive business environment  for petroleum operations;

(b) enhance exploration and exploitation of petroleum resources inNigeriafor the

benefit of the Nigerian people;

(c) optimize domestic gas supplies, particularly for power generation and

industrial development;

(d) establish a progressive fiscal framework that encourages further investment in

the petroleum industry while optimising revenues accruing to the Government;

(e) establish commercially oriented and profit driven oil and gas entities;

(f) deregulate and liberalise the downstream petroleum sector;

(g) create efficient and effective regulatory agencies;

(h) promote transparency and openness in the administration of the petroleum

resources ofNigeria;

(i) promote  the development of Nigerian content in the petroleum industry;

(j) protect health, safety and the environment in the course of petroleum

operations; and 13

(k) attain such other objectives to promote a viable and sustainable petroleum

industry inNigeria.

2.  Ownership of petroleum resources

The entire property and control of all petroleum in, under or upon any lands within

Nigeria, its territorial waters, or which forms part of its Continental Shelf and the

Exclusive Economic Zone, is vested in the Government of the Federation.

3.   Management of petroleum resources

The management and allocation of petroleum resources and their derivatives in

Nigeriashall be conducted strictly in accordance with the principles of good

governance, transparency and sustainable development ofNigeriaby providing for-

(a)   an orderly, fair and competitive system;

(b)  clear and effective legal and institutional frameworks for organising petroleum

operations; and

(c)  a fiscal regime that offers fair returns on investments while optimising benefits  to

the  Nigerian people.

4.   Transparency and good governance

In  performing their functions and achieving their objectives under this Act, the

agencies  and  companies established pursuant to this Act  shall be  bound by  the

Nigerian Extractive Industries Transparency Initiative Act.

 

PART II

INSTITUTIONS

A.      THE MINISTER

5.   Role of the the Minister

The Minister of Petroleum Resources shall be responsible for the co-ordination of the

activities of the petroleum industry and shall exercise general supervision over all

operations and all institutions in the industry.

6.   Functions and powers of the Minister

(1)  The Minister shall-

(a)  be responsible for the formulation, determination and monitoring of

Government policy for the petroleum industry inNigeria; 14

(b)  exercise general supervisory functions over the affairs and operations of

the petroleum industry;

(c)  report developments in the petroleum industry to the Federal Executive

Council;

(d)  advise the Government on all matters pertaining to the petroleum  industry;

(e)  representNigeriaat meetings of international organisations that are

primarily concerned with the petroleum industry;

(f)  negotiate and execute international petroleum  treaties and agreements

with other sovereign countries, international organizations and other similar

bodies on behalf of the Government;

(g)  upon the advice of  the Inspectorate, grant, amend, renew, extend or

revoke upstream petroleum  licences and leases pursuant to the provisions

of this  Act;

(h)  upon the advice of the Agency, grant, amend, renew, extend or revoke

downstream petroleum licences for gas transportation pipeline, gas

distribution networks, refineries, LNG and GTL plants, petrochemical plants

and gas exports

(i)  advise the President on the appointments of the chief executives of the

Upstream  Petroleum Inspectorate, Downstream Petroleum Regulatory

Agency, the National Oil Company, the Asset Management Corporation

and any other Government agency or corporate entity established or to be

established pursuant to this Act;

(j)   have access at all times to areas or rights of way covered by existing

licences, leases, permits and authorisations or any related offices or

buildings, and all installations to which this Act applies, for the purpose of

inspecting operations conducted and accessing information available

therein, and enforcing the provisions of this Act and any regulations made

under this Act; and

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(k) do all such other things as are incidental and necessary to the performance

of the functions of the Minister under this Act.

(2)    The Minister may in writing delegate to any other person or institution any power

or function conferred on him by or under this Act except the power to make

orders and regulations. 15

7.   Rights of pre-emption

(1)  In the event of a state of national emergency or war, the Minister shall have the

right of pre-emption of all petroleum and petroleum products obtained, marketed

or otherwise dealt with under any license or lease granted under this Act

(2)  The provisions of the First Schedule to this Act shall have effect in relation to the

right referred to in subsection (1) of this section.

(3)  Any person, who without reasonable excuse, the burden of proof of which shall

lie on the person, fails to comply with a requisition made by or on behalf of the

Minister under paragraphs 1, 2 or 7 of the First Schedule to this Act, or fails to

conform or to obey a direction issued by the Minister under paragraph 8 of the

First Schedule to this Act, commits an offence and is liable on conviction to a fine

not exceeding N2,500,000.00.

(4)  Any person who obstructs or interferes with the Minister, his servants or agents

in the exercise of the powers conferred on the Minister under paragraph 8 of the

First Schedule to this Act commits an offence and is liable on conviction e to a

fine not exceeding N 5,000,000 or to imprisonment for a period not exceeding

two years, or to both.

 

8.   Regulations

(1)  The Minister may, or on the advice of any of the agencies established under

this Act and subject to the provisions of subsections (2) and (3) of this section,

make regulations necessary to give proper effect to the provisions of this Act.

(2)  The Minister shall, prior to making any regulation under this Act, conduct an

inquiry in the manner specified in subsection (4) of this section on the subject

matter of the proposed regulations.

(3)  The Minister shall, in making any regulation take into consideration the findings

of the inquiry under subsection (2) of this section.

(4)  Subject to subsection (2) of this section, when the Minister decides to hold a

public inquiry, he shall publish in at least two national newspapers, notice of

(a)  the fact that he is holding the inquiry;

(b)  invitation to members of the public to participate in the public inquiry;

(c)  the venue and period during which the inquiry is to be held;

(c)  the nature of the matter to which the inquiry relates;

(d)  the matters that the Minister would like the submissions to deal with; 16

(e)  the form in which members of the public are to make submissions to the

Minister on the subject matter of the inquiry;

(f)  the period of public notice for the commencement of the public inquiry

which shall not be less than twenty-one days; and

(g)  the address or addresses to which the submissions may be sent.

(5)   The Minister may not publish at the same time or in the same manner the notice

of all matters referred to in subsection (4) of this section.

(6)  Notwithstanding the provision of subsection (2) of this section, the Minister may,

due to the exigency of the circumstances, make any regulation without

conducting an inquiry, where he deems it necessary to do so.

(7)  Any regulation made pursuant to sub-section (6) of this section shall be valid for

no longer than twelve months with effect from its commencement date, unless it

is confirmed after a public inquiry.

B.      PETROLEUM TECHNICAL BUREAU

9.   Establishment of the Petroleum Technical Bureau

(1)  There is established under this Act, the Petroleum Technical Bureau (in this Act

referred to as “the Bureau”) as a special unit in the office of the Minister.

(2)  The Bureau shall consist of professionals with expertise in the upstream and

downstream sectors of the petroleum industry as the Minister may from time to

time deem appropriate for the effective discharge of the functions of the Bureau.

(3) The Bureau shall in addition to its other duties, carry out  the functions of the

former Frontier Exploration Services of NNPC

10.   The functions of the Bureau

 

The functions of the Bureau shall be, working in conjunction with   other departments

of the Ministry to –

(a)  provide technical and professional support to the Minister on matters relating to

the petroleum industry;

(b)  assist the Minister in the formulation and development of strategies to implement

Government policy on the petroleum industry;

(c)  assist  the Minister in monitoring the implementation of Government policy on the

petroleum industry;  17

(d)  identify opportunities and increase information about the petroleum resources

base within all frontier acreages inNigeria;

(e)  develop exploration strategies and portfolio management for the exploration of

unassigned frontier acreages inNigeria;

(f) undertake studies, analyse and evaluate all unassigned frontier acreages in

Nigeria;

(g) undertake activities to stimulate the interest of local and international oil and gas

companies in exploration of the frontier basins ofNigeriato increaseNigeria’s

petroleum resources; and

(h)  perform such other functions as the Minister may from time to time direct, in

accordance with the provisions of this Act.

11.  Staff of the Bureau, etc

(1)    The  staff  of the Bureau shall be selected for appointment through a transparent

recruitment process.

(2)  The remuneration and conditions of service of the staff of the Bureau shall be at

a level sufficient to attract qualified professionals within the petroleum industry

and shall take into account:

(a)  the specialised nature of work to be performed by such staff;

(b)  the need to ensure financial sufficiency of the Bureau; and

(c)  the salaries paid in the private sector to individuals with equivalent

responsibilities, expertise and skills.

12.  Pensions

(1)  Employment in the Bureau shall be subject to the provisions of the Pensions

Reform Act and officers and employees of the Bureau shall be entitled to pension

and other retirement benefits as prescribed under the Pensions Reform Act.

(2)  Subsection (1) of this section shall not prohibit the Bureau from appointing a

person to any office on terms that preclude the grant of a pension or other

retirement benefits in respect of that office.

C.      UPSTREAM PETROLEUM INSPECTORATE   18

13.  Establishment of the Upstream Petroleum Inspectorate

(1)  There is established under this Act the Upstream Petroleum Inspectorate (“the

Inspectorate”) as a body corporate with perpetual succession and a common

seal and which may sue or be sued in its corporate name.

(2)  The Inspectorate shall have power to –

(a)  enter into contracts and incur obligations;

(b)  acquire, hold, mortgage, purchase and deal with property, whether movable

or immovable, real or personal; and

(c)  do all such things as are necessary for or incidental to the carrying out of its

functions and duties under this Act.

(3)  The Inspectorate shall be vested with the assets and liabilities relating to the

upstream petroleum sector functions hitherto vested in the Department of

Petroleum Resources of the Ministry.

(4)  The Inspectorate shall be structured into departments, as its Board, with the

approval of the Minister, may from time to time deem appropriate for the effective

discharge of its functions under this Act.

14.  Objectives of the Inspectorate

(1)  The Inspectorate shall –

(a)  promote the efficient, safe, effective and sustainable infrastructural

development of the upstream sector of the petroleum industry;

(b)  promote the healthy, safe and efficient conduct of all upstream petroleum

operations;

(c)  regulate all technical aspects of the upstream petroleum sector;

(d) regulate commercial activities within the upstream petroleum sector  as may

be designated by the Minister;

(e)  determine and ensure the implementation and maintenance of technical

standards and specifications applicable to the upstream petroleum sector;

(f)  execute Government policies for the upstream petroleum sector assigned

to it by the Minister;

(g)  facilitate an enabling environment  for  investments in the upstream

petroleum sector; and 19

(h)  implement such other objectives consistent with the objectives of this Act as

may be determined from time to time by the Minister.

15.  Functions of the Inspectorate

(1)  The Inspectorate shall in collaboration with other relevant government agencies,

where applicable –

(a)  administer and enforce policies, laws and regulations relating to all aspects

of upstream petroleum operations which are assigned to it under any law;

(b)  ensure and enforce compliance with the terms and conditions of all leases,

licences, permits and authorisations issued or in respect of upstream

petroleum operations;

(c)  set and enforce approved standards for design, procurement, construction,

operation and maintenance for all plant, installations and facilities pertaining

to upstream petroleum operations;

(d)  ensure adherence to national and applicable international environmental

and other technical standards by  all persons involved in upstream

petroleum operations;

(e) establish,  monitor, regulate and enforce health and safety measures

relating to all aspects of upstream petroleum operations;

(f)  keep registers of all leases, licences, permits, and other authorizations

issued by the Inspectorate or granted by the Minister for upstream

petroleum operations, and any renewals, amendments, extensions,

suspensions and revocations thereof;

(g)  carry out enquiries, tests, audits or investigations and take such steps as

may be necessary to monitor the activities of the holders of leases,

licences, permits and other authorizations to secure and enforce

compliance with the terms and conditions thereof;

(h)  publish reports and statistics on the upstream petroleum sector;

(i)  develop and publish tariffs and prices relating to third party access to

upstream petroleum facilities from time to time;

(j)  validate and certify the evaluation of national hydrocarbon reserves;

(k)  maintain a petroleum industry data bank comprising all data acquired by or

required to be given to the Inspectorate in the exercise of its statutory

functions; 20

(l) ensure accurate calibration and certification of equipment used for fiscal

measures for upstream petroleum operations;

(m)  issue licences or permits and any other authorizations necessary for all

activities connected with, but not limited to the following:

(i)  seismic;

(ii)  drilling; and

(iii)  design and construction of all facilities for upstream petroleum

operations.

(n)     manage and administer all upstream petroleum data for all unallocated

acreage;

(o)  with the prior approval the Minister, conduct  bid rounds for the award of

petroleum prospecting licences and petroleum mining leases pursuant to

the provisions of this Act ;

(p)  approve the  concept of the overall design for all field development

programmes in the upstream petroleum sector including infrastructure

optimisation;

(q)  with the approval of the Minister, allocate petroleum production quotas;

(r)   develop cost benchmarks for upstream petroleum operations performance;

(s)  compute, assess and ensure payment of  royalties, rentals, fees, and other

charges for upstream petroleum operations as stipulated in this Act and

regulations made pursuant to this Act; and

(t)

(u)  liaise with the Service on cost deductions relating to the taxation of

upstream petroleum operations undertaken by companies, other than

companies in petroleum arrangements with the National Oil Company or

the Nigeria Petroleum Asset Management Company, under the relevant

provisions of this Act and any other law in force.

16.  Powers of the Inspectorate

In carrying out its functions under this Act, the Inspectorate shall have power to –

(a) modify, extend, renew, suspend and revoke any licence or permit issued by it

pursuant to the provisions of this Act; 21

(b)  advise the Minister on the issuance, amendment or repealof any regulations

relevant to the upstream petroleum sector and the functions of the Inspectorate

under this Act;

(c)  monitor and  enforce the application of its tariff and pricing  framework for third

party access to facilities in the upstream petroleum sector in accordance with the

provisions of this Act;

(d)  request and obtain any information or any document concerning licensed

activities in the upstream petroleum sector from any licensee, lessee or permit

holder whether or not it contains business secrets;

(e)  subject to section 174 of this Act, where it considers it to be in the public interest

(i)  publish information relating to upstream petroleum operations provided by

licensees, lessees and permit holders; and

(ii)  require licensees, lessees and permit holders to publish certain information

relating to upstream petroleum operations;

(f)  enforce relevant licence, lease or permit conditions and the specific requirements

of this Act;

(g) institute legal proceedings against any licensee, lessee or permit holder for

failure to comply with licence, lease or permit conditions or other `requirements

of this Act;

(h)  enforce the provisions of any enactments or regulations applicable to upstream

petroleum operations made prior to the commencement of this Act; and

(i)  enforce the provisions of any regulations referring to or formerly administered by

the Department of Petroleum Resources of the Ministry;

17.  Board of the Inspectorate

(1)  There shall be for the  Inspectorate a Board (in this Act referred to as “the

Board”), responsible for the administration of the affairs and business of the

Inspectorate.

(2)  The Board shall consist of the following members appointed by the President on

the recommendation of the Minister:

(a)  a Chairman, who shall be a person of high integrity and substantial

professional experience;

(b)  the Director-General of the Inspectorate;   22

(c)  two Directors of the Inspectorate;

(d)  two representatives  of the Ministry each not lower than the rank of a

director;

(e)  a representative of the Federal Ministry of Finance, not lower than the rank

of a director;

(f)  a representative of the National Union of Petroleum and Natural Gas

Workers  (NUPENG);

(g)  a representative of the  Petroleum and Natural Gas Senior Staff Association

(PENGASSAN); and

(h)  three other  persons   who shall be of high integrity and substantial

professional experience.

(3)  The persons appointed in paragraph (a) and (h) of subsection (2) of this section

shall hold office for a term of four years in the first instance which term may be

renewed for another term  of four years only, on such terms and conditions as

may be specified in the letter of appointment.

(4)  Appointments to the Board in respect of persons appointed pursuant to

paragraphs (a), (f), (g) and (h) of subsection (2) of this section shall be on part-

time basis.

(5)  The proceedings of the Board and other ancillary matters shall be in accordance

with the provisions of the Second Schedule to this Act.

(6)  Subject to subsection (5) of this section, the Board shall have the power to make

standing orders for the regulation of its proceedings and meetings and acts of the

Board shall be deemed to be acts of the Inspectorate.

(7)  The conflict of interest provisions contained in the Second Schedule to this Act

shall apply to all members of the Board.

18.  Functions of the Board.

The Board shall ensure that the Inspectorate performs its statutory functions under this

Act by –

(a) providing general guidelines for  the  carrying out  of  the functions of the

Inspectorate;

(b) reviewing and approving the strategic plans of the Inspectorate;

(c) determining the terms and conditions of service of employees of the

Inspectorate; 23

(d) subject to the approval of the Minister, structuring the Inspectorate into such

number of departments as it deems fit for the effective discharge of the functions

of the Inspectorate; and

(e) carrying out such other acts or things which in the opinion of the  Board are

necessary to ensure the efficient performance of the functions of the Inspectorate

under this Act or as may be delegated to the Inspectorate by the Minister.

19.  Remuneration of members of the Board

Members of the Board shall be paid from the Fund of the Inspectorate such

remuneration and allowances, in accordance with the guidelines as may be specified

by Government from time to time.

20.  Removal of a member of  the Board

A member of the Board may be suspended, or removed from office by the President if

the member –

(a)  is found to have been unqualified for appointment as a member of the Board

pursuant to section 17(2)(a) and (h)  of this Act or is in breach of section 25 of

this Act after his appointment;

(b)  has demonstrated inability to effectively perform the duties of the office;

(c)  has been absent from five consecutive meetings of the Board without the

consent of the Chairman or when the Chairman is involved without the consent

of the Minister except good reason is shown for such absence;

(d)  is guilty of serious misconduct ;

(e)  in the case of a person possessed of professional qualifications, is disqualified or

suspended from practising his profession in any part of the world by an order of a

competent authority; or

(f)  is in a breach of the conflict of interest provision  set out in the Second Schedule

to this Act.

21.  Resignation of a member of the Board

A member of the Board may resign his appointment by giving three months written

notice addressed to the President through the Minister.

22.      Vacancy on the Board

(1)  A vacancy on the Board shall occur if a member of the Board—

(a)  dies; 24

(b)  is removed from office in accordance with section 20  of this Act;

(c)  resigns from office; or

(d)  completes his tenure of office.

(2)  A vacancy on the Board shall be filled by the appointment of another person to

the vacant office by the President in accordance with section   17 (2) of this Act,

as soon as is reasonably practicable after the occurrence of such vacancy.

23.  The Director-General and Directors

(1) There shall be for the Inspectorate a Director-General; and such other Directors

as may be approved by the Minister.

(2) The persons to be appointed Director-General and the Directors shall have

extensive technical or professional knowledge of the petroleum industry  with a

minimum of ten years experience at management level and shall be selected

through a transparent merit-based recruitment process.

(3) The Director-General shall be the chief executive and accounting officer of the

Inspectorate responsible for the day-to-day  running of the affairs of the

Inspectorate with the support of the Directors.

(4) The Director-General and the Directors shall perform such other functions as the

Board may determine from time to time.

24.  Tenure, remuneration and conditions of service of the Director-General

and the Directors

(1)  The Director-General shall serve for a term of four years from the date of his

appointment at the expiration of which the President may renew his term for a

further period of four years and no more and on such terms and conditions as

may be specified in the letter of appointment.

(2)  The remuneration and conditions of service of the Director-General and Directors

shall be at a level sufficient to attract qualified professionals within the petroleum

industry.

25.  Disqualification

A person shall not be appointed as Director-General or Director of the Inspectorate

unless the person –

(a)  is a Nigerian citizen;

(b)  has not, in terms of the laws in force in any country: 25

(i)   been adjudged or declared bankrupt or insolvent;

(ii)  made an assignment  to, or arrangement or composition with his creditors

which has not been rescinded or set aside;

(iii)  been declared to be of unsound mind;

(iv)  been convicted of an offence involving fraud or dishonesty; or

(v)  been disqualified or suspended from practising his profession  by the order

of a competent authority made in respect of him personally.

26.  Removal of the Director General and Directors from office

The President may remove the Director-General or a Director from office if –

(a)   he commits an act of gross misconduct;

(b)   he has demonstrated inability to effectively perform the duties of the office;

(c)   the President is satisfied that it is not in the interest of the Inspectorate or the

public that the Director General or a Director should continue in office.

27.  Secretary

(1) The Board shall appoint a Secretary for the Inspectorate.

(2) The Secretary shall report to the Director-General of the Inspectorate and shall

be responsible for:

(a)   making arrangements for Board meetings and preparing the agenda and

minutes of such meetings;

(b)   communicating the decisions of the Board to the Board members;

(c)   keeping corporate records of the Board;

(d)   arranging for payment of fees and allowances of meetings and all other

matters affecting members of the Board; and

(e)   any other duties affecting the Inspectorate assigned to him, by the

Chairman or the Director-General of the Inspectorate.

(2)  The Secretary shall be a lawyer with a minimum of ten years post qualification

experience. 26

28.  Other staff, etc

(1)   The  Board may appoint for the Inspectorate such number of  persons as

employees of the Inspectorate as it may deem necessary.

(2)  The employment of the Inspectorate’s staff, including the Secretary, shall be

subject to such terms and conditions as may from time to time be stipulated by

the Board and contained in the respective employment contracts.

(3)  The Board shall determine and review from time to time, the remuneration and

allowances, payable to the Inspectorate’s staff.

(4)  The Board shall make staff regulations generally relating to the conditions of

service of its employees, and in particular, but without prejudice to the generality

of the foregoing, such regulations may provide for –

(a)  the appointment, promotion, dismissal and discipline of employees;

(b)  appeals by the employees against dismissal or other disciplinary measures;

and

(c)  the grant of pensions, gratuities and other retirement allowances to the

employees;

(5)  Staff of the Inspectorate shall be public officers as defined in the Constitution of

theFederalRepublicofNigeria, 1999.

(6)  For the purpose of this section, appointment shall include secondment, transfer

and contract appointments.

29.  Specific provisions on conditions of service

The conditions of service of staff of the Inspectorate shall be at a level sufficient to

attract qualified professionals within the petroleum industry and shall take into

account:

(a)  the specialised nature of work to be performed by the staff;

(b)  the need to ensure financial prudence of the Inspectorate; and

(c)  the salaries paid in the private sector to individuals with equivalent

responsibilities, expertise and skills.

30.  Pensions

(1)   Employment in the Inspectorate shall be subject to the provisions of the

Pensions Reform Act and officers and employees of the Inspectorate shall be 27

entitled to pension and other retirement benefits as prescribed under the

Pensions Reform Act.

(2)   Nothing in  Subsection (1) of this section shall prohibit the Inspectorate from

appointing a person to any office on terms that preclude the grant of a pension or

other retirement benefits in respect of that office.

(3)  Subject to the Pensions Reform Act, and notwithstanding the provisions of this

section, the Inspectorate shall continue to fulfil all obligations in respect of

pensions schemes to which the Department of Petroleum Resources of the

Ministry was obliged in respect of its employees overseeing upstream petroleum

operations, prior to the transfer of assets and liabilities to the Inspectorate.

31.  Financial provisions

(1)  The Inspectorate shall not later than 30th September or such other date to be

determined by the Ministry of Finance in each financial year, prepare and present

through the Ministry   for appropriation, a statement of estimated income and

expenditure for the following financial year.

(2)  Notwithstanding the provisions of subsection (1) of this section, the Inspectorate

may also, in any financial year, submit supplementary or adjusted statements of

estimated income and expenditure for appropriation.

(3)  The financial year of the Inspectorate shall be a period of twelve calendar

months commencing on the 1st of January in each year.

32.  Funding

(1)  The Inspectorate shall establish and maintain a fund (‘the Fund’) from which all

expenditures incurred by the Inspectorate shall be defrayed.

(2)  The Fund shall comprise monies derived from the following sources:

(a)  such moneys as may be appropriated to the Inspectorate from time to time

by the National Assembly;

(b)  fees charged for services rendered to holders of upstream licences, permits

or other authorizations;

(c)  income derived from publications produced by the Inspectorate and from

reviews of environmental impact assessment reports and environmental

evaluation reports and other related activities;

(d)  fees for services rendered to non-petroleum producing companies and

service companies and for other services performed generally;

(e)  gifts, loans, grants in aid; and28

(f)  fees charged for sale of  data acquired by the Inspectorate.

(3)  The Inspectorate shall apply the proceeds of the Fund established pursuant to

subsection (1) of this section:

(a)  to meet the administrative and operating costs of the Inspectorate;

(b)   to provide for the payment of   salaries, wages, fees or other remuneration

or allowances, pensions and other retirement benefits payable to staff or

employees of the Inspectorate;

(c)  for the maintenance of property acquired by, or vested in the Inspectorate;

(d)  for purposes of investment, as prescribed by the Trustee Investments Act,

or any other relevant legislation subject to the approval of the Minister; and

(e)  generally in connection with the carrying out of any of its functions under

this Act.

(4)  The Inspectorate shall ensure that all monies accruing from upstream leases,

bonuses, lease renewal fees, assignment fees and concession rentals charged

under this Act or any subsidiary legislation or regulation made pursuant to this

Act are paid into the Federation Account .

(5)  For any particular year, if monies accruing  to the Fund  from appropriation

established pursuant to subsection (2) of this section, have not been fully applied

for the purposes pursuant to subsection (3) of this section, such monies  shall be

paid into the Consolidated Revenue Fund.

33.  Power to accept gifts

(1)  The Inspectorate may accept gifts of money or other property upon such terms

and conditions as may be specified by the person or organisation making the gift

provided such gifts are not inconsistent with the objectives and functions of the

Inspectorate under this Act.

(2)  Nothing in subsection (1) of this section or in this Act shall be construed to allow

any member of the Board or staff of the Inspectorate to accept gifts for their

personal use.

34.  Accounts and audit

The Inspectorate shall keep proper accounts of its income and expenditure in respect

of each financial year and shall cause its accounts to be audited within six months

after the end of each year by auditors appointed by the Inspectorate from a list and in

accordance with the guidelines supplied by the Auditor-General for the Federation. 29

35.  Mid-year and annual reports

(1)  The Inspectorate shall submit to the  Minister, a mid-year report of its operations

and finances not later than 31st August of each year and an annual report of its

operations, performance and audited financial report of the preceding year not

later than 31st May of the following year.

(2)  A summary of the annual report and audited financial report of the Inspectorate

shall be published on the website of the Inspectorate for public notice not later

than 31st of July of each year.

36.  Exemption from income tax

(1)  The provisions of any enactment relating to the taxation of companies or trust

funds shall not apply to the Inspectorate.

(2)  Where contributions to the Fund of the Inspectorate are made by a person

subject to tax under the provisions of any law in force inNigeria, all such

contributions shall be tax deductible.

37.  Limitation of suits against the Inspectorate, etc

(1) Subject to the provisions of this Act, the provisions of the Public Officers

Protection Act shall apply in relation to any suit instituted against the

Inspectorate, Director General, an officer or employee of the Inspectorate.

(2)  No suit shall lie against the Inspectorate, the Director General or any other officer

or employee of the Inspectorate for any act done in pursuance or execution of

this Act or any other law or enactment, or of any public duty or authority in

respect of any alleged neglect or default in the execution of this Act or any other

law or enactment, duty or authority, or be instituted in any court unless it is

commenced—

(a)  within three months next after the act, neglect or default complained of; or

(b)   in the case of a continuation of damage or injury, within 6 months next after

the ceasing thereof.

(3)  No suit shall be commenced against the Inspectorate, the Director General or

any official or employee of the Inspectorate before the expiration of a period of

one month after written notice of the intention to commence the suit shall have

been served on the Inspectorate by the intending plaintiff or his agent.

(4)  The notice referred to in subsection (3) of this section shall clearly and explicitly

state the cause of action, the particulars of the claim, the name and address of

the intending plaintiff and the relief which he claims. 30

38.  Service of court processes on the Inspectorate

A notice, summons or other document required or authorised to be served on the

Inspectorate under the provisions of this Act or any other law or enactment may be

served by delivering it to the office of the Director General of the Inspectorate or any of

its Directors.

39.  Restriction on execution against the Inspectorate’s property

(1)  In any action or suit against the Inspectorate, no execution or attachment of its

physical property shall be issued. Any judgment against the Inspectorate may be

enforced through garnishee proceedings provided that not less than three

months’ notice of the intention to commence the garnishee proceedings shall

have been given to the Inspectorate.

(2)  Any sum of money which may by the judgment of any court be awarded against

the Inspectorate shall, subject to any direction given by the court where no notice

of appeal against the judgment has been given, be paid from the Fund  of the

Inspectorate.

40.  Special powers

The Inspectorate shall have power to investigate any person or organisation in relation

to any of its functions or powers under this Act and in order to ascertain any violation

of the provisions of this Act.

41.  Special Investigation Unit

(1)  For the effective conduct of its functions, the Inspectorate shall have a Special

Investigation Unit.

(2)  The Special Investigation Unit or an officer authorised on its behalf shall have

powers, with respect to matters under the authority of the Inspectorate in this Act,

to:

(a)  investigate acts which may  constitute offences under this Act;

(b)  collaborate with other government agencies and persons in relation to the

detection or prosecution of offences under this Act;

(c)  keep  surveillance on oil and gas installations, premises and vessels where

it has reason to believe that illegal petroleum operations are going on;

(d)  enter and search any premises or carrier including vehicles or any other

instrumentalities whatsoever which is reasonably believed to be connected

with the commission of an offence;  31

(e)  seize any item or substance which is reasonably believed to have been

used in the commission of an offence under this Act.

(f)  arrest without warrant any person who is found committing any offence

under this Act or any regulations made under this Act and hand over any

person so arrested to a police officer immediately; and

(g)  In conjunction with the Nigerian Police and other relevant law enforcement

agencies arrest with a warrant obtained from a judicial officer, any person

reasonably believed to have committed an offence under this Act;

42.  Indemnity of Board and employees

(1)  Every member of the Board and every employee of the Inspectorate shall be

indemnified out of the assets of the Inspectorate against any liability incurred in

defending any proceeding against the Inspectorate, whether civil or criminal, if

such proceedings are brought against the person in the person’s capacity as a

member of the Board or employee.

(2)  Notwithstanding the provisions of subsection (1) of this section, the Inspectorate

shall not indemnify any member of the Board or employee of the Inspectorate for

any liability incurred as a result of the wilful negligence of the member or

employee, as the case may be, or conduct or acts which such person knew or

ought to have known to be unlawful.

 

 

D.      DOWNSTREAM PETROLEUM REGULATORY AGENCY

43.  Establishment of the Downstream Petroleum Regulatory Agency


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