12 Jun legal framework for oil and gas in nigeria

Effective January 1, 2012 all permits issued pursuant to these guidelines shall expire on the anniversary of the date of issue. Royalty. CHAPTER TWO: THE LEGAL FRAMEWORK FOR THE CONTROL OF ENVIRONMENTAL POLLUTION IN NIGERIA. ‘Gbite Adeniji. This sector accounts for more than 80% of foreign exchange revenue, but contributes less than 20% to the nation’s gross domestic product (GDP). Where legal services are required to engage in any operation, business or transaction in the Nigerian Oil and Gas industry, operators are obligated to only retain the services of a Nigerian legal practitioner or a firm(s) Nigerian legal practitioners with its office located within Nigeria. The Nigerian Oil and Gas Industry Content Development Act aims to enhance the development of indigenous capacity across the Nigerian oil and gas industry. Paper Presented by. Proposing a legal framework for decommissioning of oil and gas installation in Nigeria. • To mitigate and eliminate environmental degradation associated with illegal refinery activities, crude oil theft and pipelines vandalism. Various legislations govern oil and gas investment in Nigeria. In order to attract investment to the petroleum sector, laws, regulations and policy governing the industry should be - Clear, Complete, Transparent, Accessible, Flexible, and ; Practical. adeniji@advisoryng.com. The “deep offshore areas” covered by the Act and the Amendment are areas in water depth beyond 200 metres. the oil and gas industry regulatory framework in Nigeria is, therefore, not surprising to many industry observers. Publisher of ESQ Legal Practice Magazine and convener of the ESQ Energy/Oil and Gas Summit, Lere Fashola, believed that setting the right legal framework in the industry would foster the much-needed investment that would give Nigeria a competitive edge. Commonwealth Law Bulletin: Vol. The oil and gas industry have been the pivot on which the Nigerian economy has depended for decades. The DGB mirrored the objectives of the Strategic Gas Plan for Nigeria and the NOGP. derived from its Nigerian operation. The statutory framework of oil and gas cuts across the ownership, control, operation of oil and gas in Nigeria. The Judiciary therefore appeared to have championed the cause for the abolition of gas flaring in Nigeria. The Petroleum Act is presently the principal law in Nigeria regulating oil and gas exploration and licensing for oil mining lease (OML), oil prospecting license (OPL) and oil exploration license (OEL). 1. Similarly,. legislative instruments such as the Constitution of The Federal Republic of Nigeria 1999, The Land Use Act, The Petroleum Act, Environmental Impact Assessment Act, Oil Pipelines Act, Act and Petroleum (Drilling and Production) Regulations, amongst others shall be discussed. The legislative framework regulating the Nigerian oil industry, including the Constitution of Nigeria 1999, Land Use Act,4 Petroleum Act,5 Associated Gas Re-injection Act,6 Environ-mental Impact Assessment Act (EIA),7 Oil Pipelines Act,8 Petroleum Act,9 Hydrocarbon Oil Refineries Act,10 Harmful Waste (Special Crimi- 1 Under this framework, regulators are deemed to be acting in the public interests; however some factors such as red tape and inadequate law enforcement are militating against a whole scale governmental oversight of an industry that is the lifeblood of the Nigerian economy. A ll inc entives granted in re spect investment in associated gas shall be applicable to non-associated gas. The Petroleum Industry Bill (PIB) seeks to increase government revenue from oil, and as well lay down a strengthened legal and regulatory framework for the Nigerian oil industry, set up structures for the establishment of commercially driven petroleum entities; and promote transparency in the administration of Nigerian petroleum resources. Petroleum contracts are fundamental documents that set out the legal framework for oil and gas projects. Publishing them creates space for much-needed public scrutiny of deals that can be worth billions of dollars to the people of Nigeria. The study is a comparative analysis of national legal regimes on gas flaring in Nigeria, Canada, the United Kingdom, and Saudi Arabia. This research also brings to fore the fact that the legal regime of ownership and control of petroleum and gas and mineral resources is one of state ownership and control by virtue of which all rights in natural wealth and resources both on-shore and off-shore vests in the Federal Government of Nigeria. “Gas – to – Power”/ “Wellhead-to-Wire” - Convergence of Natural Gas & Power. provide monetary penalties for continued flaring of gas by oil companies in Nigeria. The Nigerian Oil and Gas Industry Content Development Act 2010: it provides a framework for promoting the participation of Nigerians in the … 46 It was designed to lay a legal foundation for the implementation of the NGMP and was aimed at the efficient regulation of a liberalized downstream gas sector by proposing the establishment of a Gas Regulatory Commission and a Gas Regulatory Agency, including a transitional framework for commercialized … ICLG - Oil & Gas Laws and Regulations - covers common issues in oil and gas laws and regulations – including development of oil and natural gas,import/export of natural gas, LNG, import/export of oil, transportation, transmission and distribution and foreign investment – in 19 jurisdictions. LOCAL CONTENT IN NIGERIA OIL AND GAS INDUSTRY. The remaining 20% is utilised as industrial fuel in the cement, … September 30, 2015 November 29, 2016 Oluwaseun Viyon Ojo Leave a comment. The gas re-injection decree stipulates a … Publishing them creates space for much-needed public scrutiny of deals that can be worth billions of dollars to the people of Nigeria… (2019). 211-230. Resources. Nigeria’s Oil and Gas Revenues: Insights From New Company Disclosures Tax and legal framework There are five major types of contractual arrangements in the Nigerian oil and gas sector. The Nigerian oil and gas industry has been growing since the discovery of Crude Oil by the Shell group at Oloibiri. The Oil and Gas Free Zones Authority (OGFZA) is the national regulatory agency superintending over the operation of the oil and gas free trade zones in the country. The requirement of Ministerial consent in the exercise of Pre-emptive right under a Joint Operating Agreement within the current Nigerian Oil and Gas Legal framework INTRODUCTION Ose Okpeku INTRODUCTIONIn the upstream Oil and Gas industry, it is not uncommon for multiple parties to own percentage interest in an oil mining lease. Assessment is on Preceding Year (PY) basis. 2. Section 9 of the Act gives the Minister of Petroleum Resources power to make regulations pertaining to the following: CHAPTER ONE INTRODUCTION1.1 Background to the Study A central factor that affects the economic development of any country is thelegal and regulatory frameworks put in place to coordinate/operationalize resourceutilization. Nigeria’s energy requirements are met through oil (64%), natural gas (27%) and hydro-electricity (8%). OGFZA was established by Section 2 of the Oil and Gas Export Free Zone Act No. Nigeria is rated number one producer of crude oil in Africa, and owing to this oil exploration activities have resulted to a high rate of gas flaring, which was intensified by poor enforcement of anti‐gas flaring laws by the regulatory authorities. The only option clearly available to the key players in the industry (the government and the oil producing/servicing companies) is to adopt fair and equitable laws as a framework for the exploitation of the oil and gas resources in Nigeria. Al l capital investment relating the gas-to-liquids facilities shall be treated as chargeable capital allowance and recoverable against oil income. This thesis establishes that incorporating the MSDA into Nigeria’s oil and gas legal and institutional regime in furtherance of the participatory development of the Niger Delta communities will promote environmental sustainability, peaceful coexistence, better informed decision making processes and economic and social sustainability among others. 8 of 1996 to regulate Nigeria's Oil and Gas free trade zones. oil and gas industry in Nigeria. Lawyers in Oil and Gas Network is a Non-Governmental Organization, established for the purpose of bringing together the lawyers in the oil and gas industry, in order to develop the legal framework and influence policy decisions in Nigeria. The enabling law for the OGEFZ in Nigeria is the OGEFZ Act, which designated the Onne/ Ikpokiri area of Rivers State as the sole oil and gas FZ in Nigeria. Nigeria operates a command and control regulatory framework in the oil and gas sector. Legal and Regulatory Institutions of the Oil and Gas Industry in Nigeria: Challenges and Solutions. It is estimated that about 80% of natural gas utilised in Nigeria is used for power generation. Nigerian Gas Company Ltd. An Ideal Legal Framework. ; Gas transferred from the natural gas liquid facility to the gas-to-liquid facility shall be at zero percent tax and zero percent. INTRODUCTION- “Gas Utilisation”. Oil Pipelines Act 1956. OIL AND GAS INVESTMENTS IN NIGERIA: EMERGING REGULATIONS AND INCENTIVES. Contracts in Nigeria Rob Pitman and Anne Chinweze Petroleum contracts are fundamental documents that set out the legal framework for oil and gas projects. Remittance is 2months after due date of filling of Returns CIT is 30% and 20% for small companies engaged in manufacturing or wholly in export including oil & gas within the first five years of … All these The Act establishes the legal framework for deep offshore and inland oil activities, including the applicable royalties and key fiscal terms. However, the aim to increase Nigerians participation in the Oil and Gas industry led to the enactment of the Nigerian Oil and Gas Industry Content Development (NOGIC) Act (hereinafter referred to as ‘Local Content Act’ or ‘the Act’), which received Presidential assent in April 2010. gas. Thus, a confirmation process by the National Assembly for a fixed term appointment for the Director General of the upstream regulatory institution will enhance its service deliveries; but I would Legal and Regulatory Frameworks for Resource Diversification in Nigeria. Oil and Gas Pipelines Regulations 1995. The article further reviews the efficacy of legal and institutional framework operational in these countries and critically compare them with the present Nigeria regimes on the production, exploration, and the environmental impact of oil activities specifically on the Niger Delta region. • Joint venture. On the basis of this legal framework, any service company that operates in the Oil and Gas sector without a service permit is in contravention of the provision of the above Regulation. EXISTING LEGAL FRAMEWORK IN THE OIL AND GAS INDUSTRY IN NIGERIA. Nigeria: Oil & Gas Laws and Regulations 2021. NIGERIAN LOCAL CONTENT REQUIREMENTS. The Legal Framework for Natural Gas Utilisation in Nigeria. The Nigerian Oil and Gas Industry Content Development Act 2010: it provides a framework for promoting the participation of Nigerians in the oil and gas industry and laying down the minimum thresholds for local contents utilized in the sector; ABSTRACT Nigeria operates a command and control regulatory framework in the oil and gas sector.1This type of regulation was prevalent in the United States and Britain during the 1970s and 1980s.2Under this regulatory framework, regulators are deemed to be acting in the public interest. This This work seeks to examine and … This is evidenced by the fact that the Petroleum Industry Bill (‘PIB’), an omnibus law meant to regulate the entire sphere of the oil and gas industry by consolidating and repealing all extant petroleum legislation in Nigeria, has remained stagnant since its initial proposal before the National Assembly in 2008. Petroleum (Drilling and Production) Regulations 1969. 2, pp. 45, No. Legal Framework. In spite of the huge revenue accruing from sales of oil and gas, the nation has little to show for it. Common Law 21 The 1999 Constitution 26 National Policy on Environment 31 The Criminal Code 31 Oil in Navigable Waters Act 32 Oil Terminal Due Act 34 Associated Gas Re-Injection Act 35 The Petroleum Act 36 Petroleum (Drilling and Production) …

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