14 Energy Transitions and Environmental Protection …
439
Basically, Sudan is considered as one of the first African countries that
have formulated legislation about environmental and natural resources.
For instance, the Forestry Act was established in 1901. Over 150 sectorial laws have been instituted to regulate different sectors, such as health,
water supply, land use, fisheries, wildlife and other sectors of the environment and natural resources. The Environmental Health Act 1975 is
one of such environmental legislation that precedes the discovery of oil
in Sudan on a commercial scale.
The Act does not mention the environmental impact of the oil and gas
industry, specifically, but generally, prohibits the discharge, dumping or
disposal of any substance into rivers, lakes, affairs (water wells) or other
water sources in a manner harmful to human or animal health. This Act
does not state where these substances are to be discharged or otherwise
disposed of.
25
The Petroleum Resources Act 1998 is one of the main legislations that
regulate the development and management of petroleum resources in the
country. While the Act was drafted and passed for Sudan Republic, the
nation of South Sudan carries on its usage as a result of the stabilization
clause that required the utilization of oil resources to remain unchanged.
The Act deals mainly with issues relating to the country’s ownership of
the oil resources and rules imposed on oil companies to carry on exploration and production. The issues regarding the consequences of those
operations on the environment were not given much attention in the
Petroleum Resources Act 1998. For instance, Section 13(4) of this Act
in general terms requires oil companies to protect the environment and
to take the necessary measures to prevent pollution.
26
The most detailed legislation on the preservation of the environment
in the oil and gas industry is supplied by the Regulations for Protection of the Environment in the Petroleum Industry (Amendment) 2005.
These regulations were passed by the Ministry of Energy and Mining
in 2002 and amended in 2005. In 2008, these regulations were also
revised and up until now (the fieldwork period) there is still a committee
working on updating these regulations.
25 EIA, Block 5B, 2008.
26 Section 13(4) Petroleum Resources Act 1998.
439
Basically, Sudan is considered as one of the first African countries that
have formulated legislation about environmental and natural resources.
For instance, the Forestry Act was established in 1901. Over 150 sectorial laws have been instituted to regulate different sectors, such as health,
water supply, land use, fisheries, wildlife and other sectors of the environment and natural resources. The Environmental Health Act 1975 is
one of such environmental legislation that precedes the discovery of oil
in Sudan on a commercial scale.
The Act does not mention the environmental impact of the oil and gas
industry, specifically, but generally, prohibits the discharge, dumping or
disposal of any substance into rivers, lakes, affairs (water wells) or other
water sources in a manner harmful to human or animal health. This Act
does not state where these substances are to be discharged or otherwise
disposed of.
25
The Petroleum Resources Act 1998 is one of the main legislations that
regulate the development and management of petroleum resources in the
country. While the Act was drafted and passed for Sudan Republic, the
nation of South Sudan carries on its usage as a result of the stabilization
clause that required the utilization of oil resources to remain unchanged.
The Act deals mainly with issues relating to the country’s ownership of
the oil resources and rules imposed on oil companies to carry on exploration and production. The issues regarding the consequences of those
operations on the environment were not given much attention in the
Petroleum Resources Act 1998. For instance, Section 13(4) of this Act
in general terms requires oil companies to protect the environment and
to take the necessary measures to prevent pollution.
26
The most detailed legislation on the preservation of the environment
in the oil and gas industry is supplied by the Regulations for Protection of the Environment in the Petroleum Industry (Amendment) 2005.
These regulations were passed by the Ministry of Energy and Mining
in 2002 and amended in 2005. In 2008, these regulations were also
revised and up until now (the fieldwork period) there is still a committee
working on updating these regulations.
25 EIA, Block 5B, 2008.
26 Section 13(4) Petroleum Resources Act 1998.