Section 7: Restriction on installation of oil terminals.

(1) As from the date of publication of this Act, an oil terminal-
(a)
shall not be installed by any person, except-
(i) by or under the authority of a licence or lease granted under Minerals and Mining Act; and
(ii) subject to the express approval in writing of the Minister of Petroleum Resources,
and any subsequent operation of such terminal by any person shall be in compliance with the requirements of this Act and such conditions as may be prescribed;
(b) shall-
(i) if in operation on the date of publication of this Act; and
(ii) unless such person complies with such conditions as may be prescribed for the payment of dues and fees within such period (or any extension of that period) as the Minister may in his discretion determine,
cease to be operated by that person until the said conditions have been duly complied with.
(2) For the purposes of this Act-
(a) every oil terminal; and
(b) the area within which the terminal is situated,
shall be established geographically with precise co-ordinates by an order published in the Federal Gazette by the Minister of Petroleum Resources.
(3) In this section-
(a) "oil terminal" means an oil-loading terminal, pumping or booster station, or other installation (or structure associated with a terminal, including its storage facilities), other than a terminal situated within "a port or any approaches thereto" within the meaning of the Nigerian Ports Authority Act;
(b) the reference to the area within which the terminal is situated includes a reference to-
(i) the area of the territorial waters;
(ii) the area of the superjacent waters of the continental shelf,
and the space above or below an area within which the oil terminal is situated (including the sea-bed and sub-soil of submarine area) shall be deemed to be part of the area, and sub-paragraphs (i) and (ii) of this paragraph shall be so construed.
(4) Any person who contravenes subsection (1) of this section shall be guilty of an offence and shall, on conviction, be liable to a fine of four thousand naira for each day on which the offence occurs.