PETROLEUM INDUSTRY ACT, 2021

Section 33: Regulations by the Authority.

2021Section 33 of 320Federal Republic of Nigeria

Subject to section 216 of this Act, the Authority may make regulations—
(a) concerning the processing, refining, transmission, distribution, supply, sale and storage of petroleum and petroleum products as well as other midstream and downstream petroleum operations;
(b) establishing those midstream and downstream petroleum operations to be subject to a licence or permit from the Authority;
(c) establishing the application criteria and procedure for licences and permits for midstream and downstream petroleum operations;
(d) establishing the procedure for review and approval of licence and permit applications for midstream and downstream petroleum operations;
(e) establishing the duration and conditions of licences and permits for midstream and downstream petroleum operations;
(f) concerning those licences and permits already in effect prior to the date of any regulations issued by the authority for midstream and downstream petroleum operations;
(g) establishing the conditions and procedures for the transfer, surrender, suspension or revocation of licences and permits for midstream and downstream petroleum operations;
(h) establishing the procedure for the modification of licences and permits for midstream and downstream petroleum operations;
(i) establishing the penalties and enforcement mechanisms in respect of breaches of the regulations issued by the Authority;
(j) monitoring processes for midstream and downstream petroleum operations;
(k) concerning the construction and operation of, and third party access to, infrastructure for midstream and downstream petroleum operations;
(l) concerning the production, transportation, and sale of petrochemicals and lubricants;
(m) concerning the national strategic stock;
(n) establishing tariffs for midstream and downstream petroleum operations;
(o) concerning domestic natural gas supply and demand;
(p) concerning natural gas trading and export;
(q) ensuring the continuity and security of the supply of natural gas, crude oil, and petroleum products to customers;
(r) concerning rights of way and pertaining to surface rights;
(s) relating to the retail sale and distribution of petroleum products;
(t) concerning dispute resolution and customer protection;
(u) regulating pricing regimes for midstream and downstream petroleum operations;
(v) establishing fees payable to the Authority subject to section 3(1)(j) of this Act;
(w) concerning competition and anti-competitive behaviour;
(x) establishing public and non-public registries in respect of licences, permits and authorisations issued by the Authority, to be maintained by the Authority; and
(y) any other matters as may be determined by the Authority under this Act which includes imposition of gas flare penalty arising from midstream operations which shall be for the cred it of the Midstream and Downstream Gas Infrastructure Fund, and shall be utilised for midstream and downstream gas infrastructure investment within the Host Community of a designated facility.

Cite this section

Section 33, PETROLEUM INDUSTRY ACT, 2021 (2021).

https://repo.podus.ai/laws/petroleum-industry-act-2021/section/33/