THISDAY

Bedeviling PIB with Obnoxious Provisions

- Chris Paul

AFinally, the much-awaited Petroleum Industry Bill was passed by the two chambers of the National Assembly, recently. Of the 319 clauses and eight schedules that make up the bill, the ones concerning the host communitie­s and the frontier developmen­t of oil have sparked national conversati­on, threatenin­g to stir up a storm should reservatio­ns arising therefrom are not addressed before President Muhammadu Buhari’s assent. For them, giving three per cent, rather than the 10 per cent demanded, to host communitie­s, stretching the definition to oil infrastruc­ture transit communitie­s and using other people’s oil profit to grope for oil in unlikely or impossible places, bring to remembranc­e some of the on-going open grazing controvers­y in the country. reports fter a clause-by-clause include governance and institutio­ns; administra­tion; contracts to fund the exploratio­n of frontier host communitie­s as against the developmen­t considerat­ion of a host communitie­s developmen­t; basins, also got the nod of the red chamber. of infrastruc­ture in midstream gas operations; report by the Joint petroleum industry Àscal framework; and Estimated at $500 million annually, the the recommenda­tion of the Joint Committee Committee on Downstream miscellane­ous provisions, the PIB has a total Senate approved 3 per cent of operating was amended in Clause 52(7d). Petroleum of 319 clauses and eight schedules. expenditur­e of oil companies (OPEX), to be Uproar greeted the Senate-approved 3 per Sector, Petroleum In the NASS approved bill, Clause 53 empowers paid as contributi­on to the host community cent equity for host communitie­s; as Senators Resources (Upstream), Petroleum Resources Minister to incorporat­e developmen­t fund. were split on the right per cent of oil proÀts to and Gas on the PIB, the Nigeria National Petroleum Corporatio­n The bill also include Clause 4 which seeks be accrued to the Host Communitie­s Trust; two decades of failed attempts later, the Senate (NNPC) as a limited liability company to be the establishm­ent of the Nigerian Upstream before the bill was passed. passed the Petroleum Industry Bill (PIB), two known as NNPC Limited, six months after Regulatory Commission to provide technical In the executive bill, the Presidency had Thursdays ago. the commenceme­nt of the Act. regulatory functions that would enforce, forwarded the proposed 2.5 per cent operationa­l

By this passage, the upper chamber approved At incorporat­ion of NNPC Limited, the administer and implement laws, regulation­s cost-share for the host communitie­s to both the commercial­isation of Nigerian National minister is mandated, under this clause, and policies relating to upstream petroleum chambers of the National Assembly last year. Petroleum Corporatio­n (NNPC) and scrapping to interface with the minister of Ànance to operations. Though opposed during the public hearings of the Petroleum Equalisati­on Fund (PEF) determine the number and nominal value of The approved bill makes provision for the in February by leaders of the oil-producing and Petroleum Products Pricing Regulatory the shares to be allotted. This forms the initial establishm­ent of Nigerian Midstream and communitie­s, in the proposal, the Senate joint Agency (PPPRA), while it okayed 30 per cent paid-up share capital of NNPC Limited. Downstream Petroleum Regulatory Authority, committee that worked on the bill, recommende­d of proÀts accruing from oil and gas operations Ownership of all shares in NNPC Limited is which shall be responsibl­e for the technical 5 per cent; which, according to the by the NNPC Limited for the exploratio­n of to be vested in the government at incorporat­ion and commercial regulation of midstream committee, was to ensure adequate developmen­t oil in the frontier basins. and held by the ministry of Ànance incorporat­ed and downstream petroleum operations in of the host communitie­s and reduction

The bill also set aside three per cent of the on behalf of the government. the petroleum industry in Nigeria. in the cost of production. operating expenditur­e of oil companies for Funding mechanism of 30 per cent of NNPC To ensure that all monies received from Predictabl­y, the sensitivit­y of this host the developmen­t of host communitie­s. Limited·s oil and gas proÀt in the production gas Áaring are channeled for the purpose of communitie­s’ clause caused some tension

Consisting of Àve distinct chapters, which sharing, proÀt sharing, and risk service environmen­tal remediatio­n and relief of the in the red chamber when the Senate passed

 ??  ?? One of host communitie­s in Niger Delta d ... oil spill and wallowing in squalour
One of host communitie­s in Niger Delta d ... oil spill and wallowing in squalour

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