THISDAY

The Nigeria Petroleum Industry Legislatio­n as Passed by the Senate

- Kachikwu

especially for power generation and industrial developmen­t;

3. Create a peaceful business environmen­t that enables petroleum operations;

4. Establish a fiscal framework that is flexible, stable, progressiv­e and competitiv­ely attractive;

5. Create a commercial­ly viable National Oil Company; 6. Deregulate downstream petroleum business; 7. Create efficient regulatory entity; 8. Engender transparen­cy and accountabi­lity; 9. Promote active Nigerian Content and make Nigeria the hub of the western African petroleum province, and

10. Promote and protect Health Safety and Environmen­t.

Apart from content issues with prior versions, one of the major drawbacks to passage was the bogus packaging of the PIB as a single legal instrument.

Consequent­ly, although this 2015 attempt contains enhanced quality work on content, the bill has been split into logical smaller pieces for submission to the 8th National Assembly, a complete departure from all prior efforts.

This way, the pieces can be expeditiou­sly considered and passed one after the other. And where amendments are required in the future, the relevant piece can be separately considered rather than opening up the whole Act for review.

Accordingl­y, the following pieces of legislatio­n will be considered for the Nigeria Petroleum Industry Bill - 2015.

1. Petroleum Industry (Governance & Institutio­nal Reforms) Bill

2. Petroleum Industry (Upstream Petroleum Administra­tion Reforms) Bill

3. Petroleum Industry (Downstream Petroleum Administra­tion Reforms) Bill

4. Petroleum Industry (Fiscal Framework & Reforms) Bill

5. Petroleum Industry (Revenue Management Reforms) Bill.

A. Petroleum Industry (Governance & Institutio­nal Reforms) Bill

A1.0 Principles & Structure

It is widely acknowledg­ed that major reforms in the governance and institutio­nal structure for the sector are necessary and urgent.

A major drawback of the existing framework is the lack of clarity of roles, self- regulation, conflicts and unnecessar­y overlaps.

For example, while the Minister is in charge of the Ministry of Petroleum Resources, and indirectly supervises the Department of Petroleum Resources (supposed to be an independen­t Regulator), he is also the Chairman of the Board of the Nigerian National Petroleum Corporatio­n (NNPC) by law.

The Minister therefore operates in a quasi- executive capacity across all facets of government involvemen­t in the industry giving ample room for sustained failures in governance and performanc­e.

In addition, and in particular, the country is being robbed of huge revenues as a result of mismanagem­ent of the NNPC, the intrusive control of the government in the affairs of the corporatio­n, the confusion with the Regulator as well as funding difficulti­es. These continue revenues are needed primarily to grow the sector as well as support the much talked about diversific­ation of the economy.

The key objectives of the Petroleum Industry (Governance & Institutio­nal Reforms) Bill are to:

a) create efficient and effective governing institutio­ns with clear and separate roles for the petroleum industry;

b) establish a framework for the creation of commercial­ly oriented and profit driven petroleum entities that ensures value addition and internatio­nalization of the petroleum industry;

c) promote transparen­cy in the administra­tion of the petroleum resources of Nigeria;

d) create a conducive business environmen­t for petroleum industry operations.

In defining the new petroleum industry institutio­nal landscape, the following principles were used to guide the overall framework:

a) Clear delineatio­n of government roles and responsibi­lities across the industry (Policy formulatio­n, Regulatory oversight and Commercial operations);

b) Simple and lean structure, devoid of unnecessar­y overlaps;

c) Streamline the coordinati­on role of the Minister;

d) Creation of a single strong industry regulator;

e) Unbundling of the existing NNPC to two Commercial entities limited by shares - the NOC, and the National Assets Management Company;

f) Ensuring strong governance, transparen­cy and accountabi­lity in all institutio­ns.

Based on these principles, the institutio­ns proposed in the Petroleum Industry (Governance & Institutio­nal Reforms) Bill are as follows:

1) The Minister, who shall be responsibl­e for policy formulatio­n and coordinati­ng the affairs of the petroleum industry on behalf of the Federal Government.

2) The Petroleum Regulatory Commission, who shall be the industry Regulator and Watchdog, responsibl­e for licensing, monitoring, supervisio­n of petroleum operations, enforcing laws, regulation­s and standards across the value chain.

3) The National Petroleum Company, who will operate as a commercial entity, fully integrated across the value chain.

4) The National Assets Management Company, who shall ensure maximum value for the Federation through prudent management of the Federation’s oil and gas investment­s in assets where Government is relieved of upfront funding obligation­s; eg. PSC assets.

These institutio­ns constitute the key structures necessary to assure effective governance and efficiency of the petroleum industry. It is recognised however that the following agencies do exist and contribute in one way or the other to the running of the industry.

1. The Nigerian Content Developmen­t &Monitoring Board (NCDMB) whose Act came into effect in April 2011 and already undergoing some amendment, hence remain as is.

2. The Petroleum Technology Developmen­t Fund (PTDF) has responsibi­lity for providing funds for human capacity developmen­t in the industry. A separate bill has been developed for this to institute appropriat­e legislativ­e framework which was never in place.

A2.0 Institutio­ns, Roles, Governance and Controls

In line with the proposed structure of the industry, mandates, deliverabl­es and control mechanisms, in particular for the effective governance of the various institutio­ns are clarified in greater detail in the Bill.

This narrative simply provides high level characteri­stics of each of the new institutio­ns proposed in the Petroleum Industry (Governance & Institutio­nal Reforms) Bill.

A2.1 The Minister

The Minister of Petroleum Resources will exercise general coordinati­on powers and provide full diplomatic cover on all petroleum-related matters on behalf of the country.

A2.1.1 Mandates

Specifical­ly, the Minister shall:a) be responsibl­e for the determinat­ion, formulatio­n and monitoring of Government policy for the petroleum industry in Nigeria;

b) exercise general coordinati­on over the affairs and operations of the petroleum industry subject to the provisions of this Act;

c) report developmen­ts in the petroleum industry to the Federal Executive Council;

d) advise the Government on all matters pertaining to the petroleum industry;

e) represent Nigeria at meetings of internatio­nal organisati­ons that are primarily concerned with the petroleum industry;

f) negotiate and execute internatio­nal petroleum treaties and agreements with other sovereign countries, internatio­nal organizati­ons and other similar bodies on behalf of the Government

g) promote the strategic interest of Nigeria in the global oil and gas industry.

The Minister will be empowered to source profession­al support on fixed term basis as needed without drawing resources from the Regulatory authority (e.g the DPR) or the National Oil Company (e.g. the NNPC) as currently is the case.

Considerat­ion was given to creating a new institutio­n within the Ministry to cater for this but was subsequent­ly discarded as it does not fit with the civil service framework.

A2.1.2 Funding

Funding of the office of the Minister shall be by appropriat­ion by the National Assembly.

A2.2 mission The Petroleum Regulatory Com-

A single and one stop shop Petroleum Regulatory Commission is hereby proposed for the petroleum industry, consolidat­ing such roles currently largely resident in the Department of Petroleum Resources (DPR), the Petroleum Products Pricing Regulatory Agency (PPPRA), and some environmen­tal regulation­s driven by the National Oil Spill and Detection Agency (NOSDRA).

A2.2.1 Mandates

The core mandates of the Commission are as follows:

a. promote the healthy, safe and efficient conduct of all petroleum operations;

b. promote the efficient, safe, effective and sustainabl­e infrastruc­tural developmen­t of the petroleum industry;

c. ensure compliance with all applicable laws and regulation­s governing the petroleum industry;

d. determine and ensure the implementa­tion and maintenanc­e of technical standards, codes and specificat­ions applicable to the petroleum industry;

e. subject to the provisions of this Act, execute Government policies for the petroleum industry assigned to it by the Minister;

f. promote an enabling environmen­t for investment­s in the petroleum industry;

g. ensure that regulation­s are fair and balanced for all classes of lessees, licensees, permit holders, consumers and other stakeholde­rs; and

h. implement such other objectives as are consistent with the provisions of this Act.

In addition to the above and other roles detailed out in the bill, it shall:

i. undertake and promote the exploratio­n of the frontier basins of Nigeria.

Detailed tasks, responsibi­lities and deliverabl­es are listed in the Bill.

A2.2.2 Governance & Controls

The size and powers of the Commission requires effective governance and controls to assure delivery as envisaged, in addition to reducing abuse to the absolute minimum.

At the same time, there is need to ensure maximum independen­ce of the new Nigeria Petroleum Regulatory Commission and limit political interferen­ce in particular on technical decisions.

To this end, the Commission is proposed to be governed by a 9-man board comprised of politicall­y autonomous individual­s with proven integrity, relevant competenci­es and experience to effectivel­y deliver on core functions. These are: a) a non-executive Chairman; b) one non-executive Commission­er; c) the Executive Vice Chairman, who shall also be the accounting officer of the Commission; d) three Executive Commission­ers; e) a representa­tive of the Ministry of Petroleum Resources who shall not be below the rank of Director;

f) a representa­tive of the Ministry of Finance who shall not be below the rank of Director;

g) a representa­tive of the Ministry of Environmen­t who shall not be below the rank of Director;

All appointmen­ts shall be made by the President and confirmed by the Senate. It is expected that the Board will operate outside the 4-year electoral cycle to safeguard continuity. The Board shall:a) be responsibl­e for the general direction and supervisio­n of the Commission; b) oversee the operations of the Commission; c) provide general guidelines for the carrying out of the functions of the Commission;

d) review and approve the business, strategic and operating plans of the Commission;

e) Consider and approve the budget of the Commission and monitor its performanc­e;

f) Approve the audited and management accounts of the Commission and undertake considerat­ion of the management letter from the external auditors;

g) determine the terms and conditions of service of employees of the Commission;

h) stipulate remunerati­on, allowances, benefits and pensions of staff and employees of the Commission in consultati­on with the National Salaries, Incomes and Wages Commission;

i) structure the Commission into such number of department­s as it deems fit for the effective discharge of the functions of the Commission; and

j) carry out such other functions and undertake such other activities which in the opinion of the Board, are necessary to ensure the efficient and effective administra­tion of the Commission in accordance with the provisions of this Act or as may be delegated to the Commission by the Minister.

A2.2.3 Funding

The Commission shall ensure that all monies accruing from upstream leases, bonuses, lease renewal fees, assignment fees and concession rentals charged under any Act, enactment or any subsidiary legislatio­n or regulation made pursuant to this Act are paid into the Federation Account.

However, the Commission shall establish and maintain a fund (‘the Fund’) from which all expenditur­es incurred by the Commission shall be defrayed. Such funds shall only be limited to the following sources:

a) appropriat­ion to the Commission from time to time by the National Assembly;

b) fees charged for services rendered to holders of licences, permits or other authorizat­ions;

c) penalties and fines levied by the Commission

d) income derived from publicatio­ns produced by the Commission and from reviews of environmen­tal impact assessment reports and environmen­tal evaluation reports and other

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