440
P. R. Gatkuoth
The Regulations for the Protection of the Environment in the
Petroleum Industry (Amendment) 2005 should be adopted and implemented by all oil companies working in Sudan; whether in upstream or
downstream operations. The implementation of such regulations should
be under the direct supervision and follow-up of the General Directorate
of Environment and Safety (GDES), which is a governmental regulatory
body under Sudan’s Ministry of Petroleum. The Ministry of Petroleum
is in charge on behalf of the government in signing the oil agreements
between the oil companies and the government.
In the early 1980s, the Sudan government signed Exploration and
Production Sharing Agreement (EPSA) with many companies that
include China National Petroleum Company (40%), PETRONAS
(30%) and SudaPet (5%). Those EPSA legal documents highlighted
the regulations governing exploration and production in Sudan. When
South Sudan separated from Sudan, the government of the Republic of
Sudan left all oil facilities to the new government of South Sudan, and all
the oil and gas companies operating in Sudan moved to Juba, the capital
of the Republic of South Sudan.
The new country continues extracting oil and gas, using the same
companies that signed the EPSA with the Sudan government. The
government of South Sudan has also continued to use the old policies and regulations governing the oil and gas in Sudan to date. In
September 2012, the government of South Sudan established the South
Sudan Petroleum Act, which requires the formulation of strategies, plans
and programmes for the development and management of the petroleum
sector. The main purpose of the Act is to manage the petroleum sector
in an ethical, efficient, transparent and accountable manner, based on
environmentally, socially and economically sustainable principles.
27
The enactment of the Act raised hopes for environmental protection.
As such, the Act puts an obligation on the Ministry of petroleum to
initiate and coordinate a strategic environmental assessment (SEA) before
opening an area for petroleum activities according to Section 15 of the
Act.
27 Section 2 of the South Sudan Petroleum Act, 2012.
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