Quarterly Publication

Document Type : Original Article

Authors

Ph.D. Candidate, Faculty of Law, University of Calabar, Nigeria.

Abstract

This article in its introductory part will be devoted to conceptual clarifications of decommissioning and abandonment and (differences, if any). Part two, is the critical analysis of legislations on decommissioning in Nigeria. Part three is also a critical analysis on legal regimes and practices on decommissioning in other jurisdictions such as USA, UK, South Africa. Part Four is a comparative analysis of legislations and decommissioning practices in Nigeria and another jurisdiction. Part Five Consists of findings/observations made during the research. In the end, recommendations and conclusions are drawn, part of which is a call for proactive actions by megacorporation and the Nigerian government in the sphere of timeous decommissioning of obsolete and failed platforms, enactment and, or, review of obsolete legislations regulating decommissioning as well as fulfillment of obligations under multi-lateral environmental treaties that regulate decommissioning and sustainable environmental management and protection. A comprehensive legal framework on decommissioning is urgently required to be enacted to detonate the time bomb on which the region is still sitting due to the fact that the 170 platforms are nearing their useful lifetime.

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Main Subjects

Books:
Ayoade Morakinyo Adedayo, Disused Offshore Installations and Pipelines: Towards Sustainable Decommissioning, KLuwer International, 2003, p197.
Bryan A. Garnar and Henry Campbell Black, Black’s Law Dictionary, 11th Edition, St. Paul, Minnesota, Thomson Reuters, 2019, p.311
John S. Lowe, Oil and Gas Law in a Nutshell, West and Thomson Reuters, 2009, p.32-39.
Godwin. Etikerentse, Nigerian Petroleum Law, 2nd Edition, Dredew Publishers, 2006, p.37
John Paterson, Decommissioning of Offshore Oil and Gas Installation in Greg Gordon, John Paterson and Emre Usenmez; Oil and Gas Law: Current Practices and Emerging Trends, 2nd Edition, Dundee University Press, 2011, Chapter 10.
Journals:
Ayoade, Morakinyo Adedayo. Environmental Risk and Decommissioning of Offshore Platforms in Nigeria (2011) NIALS Journal of Environmental Law I
Agbaitoro, G. and Kejeh, N., Moving Towards Robust Governance Regime for the Decommissioning of Offshore Energy Installations in the Nigerian Petroleum Industry (2017) 2 (3) Miyetti Quarterly Law Review 99-127
Ayoade, Morakinyo Adedayo. Environmental Risk and Decommissioning of Offshore Platforms in Nigeria (2011) NIALS Journal of Environmental Law I
Abiye Amakiri. Developing an Offshore Installations Decommissioning Policy in Nigeria (1997) 11 OGLTR 423
Martin, Tim. Decommissioning of International Petroleum Facilities Evolving Standards and Key Issues. (2003) Oil, Gas & Energy Law Journal (OGEL) 1 (5)
Intenet sources:
Stakeholder Democracy Network (SDN) White Paper on Sustainable Closure and Decommissioning of Oil and Gas Assets in Nigeria, Online at http://www.stakeholderdemocracy.org/wpcontent/uploads/2016/06/Sustainable_Closure_and_Decomissioning_ of_Oil_and_Gas_Assets_in_Nigeria.pdf accessed 7 February 2017.
Abandonment Defined at Wikipedia Available at https://en.wikipedia.org/wiki/Abandonment_(legal)
US Department of the Interior (DOI), Bureau of Safety and Environmental Enforcement (BSEE) and Bureau of Ocean Energy Management (BOEM), online at https://www.bsee.gov/guidance-and-regulations
Case laws:
Ginnow v. Nikolic (1985) SC
Buvor v. Barbuit (1737) Cases Talbot, 281
Trendex Trading Company v. Central Bank of Nigeria (1977) 2 WLR 356
Maclaine Watson v. Department of Trade and Industry (1988) 3 WLR 1033
Committee of United States Citizens Living in Nicaragua V. Reagan (1967) 2Q.B. 116, 143
Statutes:
The Geneva Convention on the Continental shelf, 1958
United Nations Convention on Law of the Sea (UNCLOS) 1982
The Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matters, 1972 and its Protocol of 1996
The International Maritime Organization (IMO)’s Offshore Removal Guidelines, 1989.
Convention for the Cooperation in the Protection and development of the Marine and Coastal Environment of the West and Central African Region (Abidjan Convention) Adopted on 23 March, 1981 as (1981) 20 ILM 746
Convention for the Protection, Management and Development of the Marine and Coastal Environment of the East African Region (Nairobi Convention) Adopted by 10 Members on 21/06/1985 but Entered into Force on 30/ 05/1996
Petroleum Act CAP P.10 Laws of the Federation (LFN) 2004
Petroleum Drilling and Production Regulations of 1969
Harmful Wastes (Special Criminal Provisions) Act CAP H.11 LFN 2004
National Environmental Standards and Regulations Enforcement Agency Establishment Act (NESREA) 2007 CAP N. 25 LFN 2007
Oil and Gas Pipelines Regulations (Statutory Instrument) No.14 of 1995
Dumping at Sea Control (Amendment) Act 73 of 1995