The Nigerian Midstream & Downstream Petroleum Regulatory Authority (NMDPRA) is tasked with the regulatory oversight of the disposal of confiscated materials and equipment in the Midstream & Downstream Petroleum Industry.
This article aims to shed more light on the NMDPRA (“The Authority”) regulations governing the disposal of confiscated materials and equipment, particularly its –
– Objectives
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– Application
– General powers of the Authority
– Regulations concerning the storage and safe keeping of confiscated property
– Disposal procedures
What are the objectives of the NMDPRA regulations?
– To provide simplified and documented processes for the disposal of confiscated materials and equipment in the Nigerian Midstream & Downstream Petroleum industry.
– To outline the procedure for the disposal of confiscated materials and equipment in the Nigerian Midstream & Downstream Petroleum industry.
– To encourage transparency and accountability in the use of financial resources generated from the disposal of public properties.
What is the application scope of these regulations?
– These regulations shall apply to activities relating to or connected with the disposal of confiscated materials and equipment in the Nigerian Midstream and Downstream industry.
What are the general powers of the NMDPRA under these regulations?
– The Authority shall have powers to confiscate and dispose of materials and equipment used by persons engaging in specified activities under the Petroleum Industry Act without a valid license or permit.
– The Authority shall dispose of confiscated materials and equipment not later than 12 months from the date of confiscation.
What are the provisions of the regulations on the storage and safe keeping of confiscated property?
– From the commencement of these regulations,the authority shall put in place a control system to ensure adequate safeguards to prevent loss, damage, or theft of confiscated materials and equipment.
– The requirement for storage of confiscated materials and equipment shall include :-
a). Periodic inventory
b). Reporting of discrepancies, loss or theft
– Within 30 days of the commencement of these regulations, the Authority shall cause to be owned a register of confiscated materials and equipment existing prior to the commencement of these regulations shall be kept.
– Upon opening the register, any material or equipment confiscated by the Authority pursuant to its powers under the act, shall be recorded in the register with 5 days of confiscation.
What are the provisions of the regulations on the disposal committee?
– Within 60 days after the commencement of these regulations, the NMDPRA chief executive shall constitute a disposal committee of 7 members of staff of the Authority.
– The committee shall be responsible for coordinating the disposal of confiscated properties.
– Subject to the approval of the NMDPRA chief executive, the committee may engage the services of external experts through consultancies to beef up any skill gapinthe disposition of confiscated properties.
– The committee shall keep records of its activities and provide a report upon completion of any disposal exercise.
What is the disposal procedure prescribed by the regulations?
– Prior to the disposal of any confiscated property by the Authority, NMDPRA shall give notice to each person the Authority knows or reasonably suspects has a beneficial interest in the property and such notice shall include :-
a). The description of the property.
b). The grounds upon which the property was confiscated.
c). Information about how to dispute the forfeiture.
d). The dispute period.
What are the disposal methods prescribed by the regulations?
– Properties confiscated by the Authority may be disposed of in any manner including –
a). Same by public tender
b). Same by public auction
c). Outright sale at a fixed price
d). Donation to a “deserving cause”
e). Destruction, dumping, burying or burning.
Oil & Gas :- Notable Provisions Of The NMDPRA Data Depository Regulations Of Nigeria
The Nigerian Midstream & Downstream Petroleum Regulatory Authority (NMDPRA) or “The Authority” recently issued its Data Depository Regulations creating the Midstream Downstream Petroleum Data repository (or “The Repository”).
This article will be looking at the notable provisions of these regulations as well as the organizational structure of the repository.
What are the objectives of the NMDPRA regulations?
– To establish the Midstream Downstream Petroleum Data repository in the authority.
– To provide the procedure for the submission, collection and management of technical data in the repository.
– To provide sanctions and penalties for failure to comply with these regulations.
What is the application scope of these regulations?
– These regulations shall apply to the submission, collection and management of technical and commercial data in the Midstream & Downstream Oil and Gas industry in Nigeria.
What are the provisions of the regulations concerning the repository?
– There is established in the authority the Midstream & Downstream Petroleum Data Repository.
– The repository shall be located in Abuja, Nigeria or any other location as the NMDPRA chief executive may direct.
What are the functions of the Repository?
– To serve as the technical data centre for the Midstream & Downstream Petroleum industry in Nigeria.
– To provide a platform for the timely and holistic submission of data by holders of Midstream & Downstream Petroleum licenses or permits.
– To carry out storage, management, transfer, quality control and validation of all data and materials submitted to it.
– Ensure data preservation, value maximization and compliance with these regulations, standards and procedures as may be prescribed from time to time.
What is the organizational structure of the repository?
– The organizational structure of the repository shall be as set out in the first schedule to the regulations.
What constitutes the revenue of the repository under these regulations?
– Transaction & Service fees.
– Fees or levies imposed by the NMDPRA on the Midstream & Downstream Petroleum industry in the support of the repository.
– Funds and grants accruing from multilateral agencies, bilateral institutions and related sources dedicated partly or wholly for the development of data repositories.
– Any other sum freely donated or accruing to the repository for the development of the repository.
– Fees, charges and revenue accruable to the repository under these regulations shall be used for the operations, maintenance and development of the repository.
– The repository may grant discounts or waivers on transaction or service fees to subscribers based on published and clear criteria.
What are the provisions of the regulations concerning data submission?
– All records including but not limited to reports, data samples, fluid samples, plans, maps, charts, crude oil assay, accounts, materials and information which are required to be provided to the NMDPRA under the Petroleum Industry Act, regulations or any other law shall be submitted by the holder of a Midstream & Downstream license or permit to the repository in a standard and format specified by the Authority.
– The Repository shall charge fees for the storage and handling of fluid samples at designated storage facilities.
What are the provisions of these regulations on offences and penalties?
– A violation of these regulations can lead to :-
a). Exclusion from the services of the repository.
b). A civil action for the recovery of unpaid fees and accrued interest.