Highlights of Aspects the Petroleum Industry Bill Dr. Adeoye Adefulu Odujinrin & Adefulu Barristers Solicitors & Notaries Public Barristers, Solicitors & Notaries Public Lagos – Abuja – Port‐Harcourt
Outline • • • • • •
Background NNPC Ltd. NNPC Ltd. IJVs Upstream Licensing Environmental matters Environmental matters Institutional Framework
Odujinrin & Adefuluestd. 1972
Background – Thrust of the reform is to: • Clearly separate the government functions in the oil industry – policy, regulatory and commercial • Create a stronger National Oil Company modeled after St t il P t Statoil, Petronas etc with more independence to invest t ith i d d t i t in local production as well as foreign markets
Odujinrin & Adefuluestd. 1972
NNPC Ltd. NNPC Ltd. • NNPC to be corporatised – All assets and liabilities of NNPC to be transferred (s.137) • Except PSC assets Except PSC assets
– How will it be funded? • Certain Certain moneys to be retained by the government moneys to be retained by the government under law‐ would it apply?
Odujinrin & Adefuluestd. 1972
IJV • Should they be created by negotiation or g legislation? • No provisions as to transfer of assets & liabilities – Stamp duties issues – How will the assets be held? – Will transfer of OMLs require ministerial consent? q – Will JV companies be able to book assets Odujinrin & Adefuluestd. 1972
Licensing • Sections 4 & 257 empowers minister to grant licenses – PPL & PML
• May May only be granted to indigenous oil only be granted to indigenous oil companies – Not less than 60% shareholding by Nigerians – Must be ratified by the Inspectorate or Directorate y p
Odujinrin & Adefuluestd. 1972
Licensing (contd.) Licensing (contd.) • Minister grants licenses on the recommendation of NPD • NPD to conduct licensing rounds – No more discretionary awards N di ti d – No explicit link between power of the Minister to award licences and NPD bid rounds
Odujinrin & Adefuluestd. 1972
Environmental Matters Environmental Matters • Requirement to conduct environmental p g programmes or environmental quality q y management programmes – No distinction between the two No distinction between the two
• This appears to be in addition to the EIA requirements • EP/EQMP regime under Inspectorate while EIA EP/EQMP regime under Inspectorate while EIA regime under Ministry of Environment/NESREA Odujinrin & Adefuluestd. 1972
Institutional Framework Institutional Framework • Creation of NPD, NPI, NAPAMA amongst others • Regulatory functions not fully separated – Several references to functions to be carried out S l f t f ti t b i d t by NPD or NPI – Should a policy body hold acreage? • PSC
• Is there a need for NAPAMA Odujinrin & Adefuluestd. 1972
Questions? Dr Adeoye Adefulu
[email protected] Odujinrin & Adefulu Barristers, Solicitors & Notaries Public Lagos – Abuja – Port‐Harcourt Odujinrin & Adefuluestd. 1972