4.1.4 The Petroleum (Refining, Conversion, Transmission
and Midstream Storage) (PRCTMS) Act 2013
The Act was intended to inter alia regulate manage, coordinate and monitor midstream operations, to enable the construction, placement and ownership of facilities,
to provide for additional and particular health, safety and environment regulations.
The PRCTMS Act directs a licensee or one carrying out midstream operations to
comply and take into account environmental principles prescribed by the National
Environment Act and other applicable laws.
101
The Act further obliges a licensee to guarantee that environmental principles and
safeguards prescribed under the National Environment Act and other laws applicable
are followed while the management of transportation, storage, treatment or disposal
of waste arising out of midstream operations is carried out.
102
The National Environment Management Authority should consult the National
petroleum Authority before granting a license for the management of transportation,
storage, treatment or disposal of waste arising out of midstream operations to an
entity contracted by a licensee,
103 on terms and conditions prescribed in the
license.
104
A person contracted by the licensee under subsection (3) shall not carry out those
activities without a license issued by the National Environment Management
Authority.
Part IX
105 states liability and compensation wherein a licensee is liable for
pollution damage from midstream operations under this Act without regard to
fault.
106
A licensee should endeavor to control the flow and preventing the waste, emission or discharge of petroleum commodities or petroleum products into the
environment.
107
The Act should have exhausted the different strategies to avoid oil spills in the
midstream and further state the cleanup strategies incase oil spills occur. Therefore
its silence on these pertinent issues is detrimental to land conservation and protection
form impacts of the different infrastructure.
101 Section 3 (1) of the Petroleum Refining, Conversion, Transmission and Midstream Storage
(PRCTMS) Act 2013.
102 Section 3(2) PRCTMS Act.
103 Under Section 3(3) of the PRCTMS Act a licensee shall contract a separate entity to manage the
transportation, storage, treatment or disposal of waste arising out of midstream operations.
104 Section 3(5) PRMCTS Act.
105 Sections 56 PRCTMS Act.
106 Section 58 PRMCTS Act.
107 Section 26 PRMCTS Act.
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