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TRANSCRIPT
The Law and Multi-Agency Response to Oil Spill Incidents in Nigeria
Ayobami Olaniyan College of Law,
Afe Babalola University, Nigeria.
25th March, 2015
Source: http://developmentdiaries.com/slippery-justice-for-victims-of-oil-spills-in-nigeria/
Outline 1. Introduction 2. Current State of Multi-Agency Response (MAR) 3. Review of Laws providing for MAR in Nigeria 4. Key Challenges facing MAR 5. Recommendations on the Way Forward: Lessons from
the Nigerian Model 6. Lessons for Europe 7. Conclusion
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Objective of the Paper
} The purpose of this paper is to: } appraise relevant legislation providing for
multi-agency response to oil spill control and containment in Nigeria and
} assess how effective they have been in
facilitating a Multi-Agency Response approach to the safe management of oil spills in Nigeria.
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Focus:
} Key Challenges facing Multi-Agency Response in Nigeria.
} Lessons from the Nigerian Model and Lessons for Europe
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1. Introduction } Oil spill incidents are common in
Nigeria } Bonga spill (2011); } Mobil-Idoho oil spill (1998); } Texaco Funiwa 5-Blowout (1980); } GOCON’s Escarvous Spill (1978); } Shell’s Forcados Terminal Spill (1978).
} Who’s to blame? } Vandals, militants, saboteurs } Oil companies } Government agencies
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Source: http://www.mnn.com/earth-matters/wilderness-resources/stories/think-the-gulf-spill-is-bad-nigerians-live-daily-amidst
Introduction…2
} What is the Multi-Agency Response (MAR) approach: } services, agencies, professionals and other relevant
stakeholders across the oil sector working together to ensure speedy, adequate and effective responses to oil spills.
} The UN’s perspective of MAR Framework…
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2. Current State of Multi-Agency Response to Oil Spill in Nigeria } Key features:
} Numerous provisions in the existing laws guiding the industry } Laws provide for the multi-agency response model but
scattered in several sources } Often establish parallel and competing institutions challenges
} Response is based on the tiered response system } Spills are responded to according to their category.
} Involves an investigation of the incident by a joint investigation team. } Team is expected to jointly agree and sign a report that
confirms the cause of the spill, volume of oil spilt and the area affected.
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} The lead agency on oil spill incidents is the National Oil Spill Detection and Response Agency (NOSDRA).
} Statutorily saddled with the
r e s p o n s i b i l i t y f o r preparedness, detection and response
Current state of multi-agency response to oil spill in Nigeria…2
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Source: http://nosdra.org.ng/
Current state of multi-agency response to oil spill in Nigeria…3
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BUT… } Incapacitated by weak regulatory oversight and
enforcement } Forced to rely on oil companies to be able to
perform its statutory tasks. } Recorded instances where the oil companies /
polluters: } decide when the investigation will take place; } provide transport to the site and } provide technical expertise which the regulatory
agencies do not have.
} Key legislation and guidelines covering oil spill in Nigeria include: } The National Oil Spill Detection and Response Agency
(Establishment) Act No.15, 2006 } The National Oil Spill Detection and Response Agency
(Amendment) Bill 2012: } The National Oil Spill Contingency Plan (NOSCP) } National Emergency Management (Establishment, Etc.) Act
Cap N34 L.F.N. 2004 } Nigerian Maritime Administration and Safety Agency Act No.
17, 2007 } Environmental Guidelines and Standards for the Petroleum
Industry in Nigeria (EGASPIN)
3. Review of Laws providing for MAR
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4.Challenges hindering Multi-Agency Response to Oil Spill Incidents in Nigeria
} Considerable Overlap on Certain Responsibilities } E.g.: National Oil Spill Detection and Response Agency (NOSDRA) and
the Department of Petroleum Resources (DPR).
} Inadequate Resources by Regulatory Authorities } Technical and Human
} Incessant Pipeline Vandalism and Oil Theft } Insecurity
} Militants and Terrorists
} Inadequate Enforcement of Environmental Laws and Guidelines
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Source: http://www.bbc.co.uk/news/world-africa-17486617
5. Recommendations on the way forward: Lessons from the Nigerian Model
} Strict implementation and enforcement of relevant laws relating to MAR } Legal / regulatory provisions must be
implemented and enforced } Areas of conflict between NOSDRA
Establishment Act and EGASPIN should be amended.
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Recommendations on the way forward: Lessons from the Nigerian Model…2
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} Government must be sincere and committed to dealing with oil spill incidents } Strengthening NOSDRA and making the Agency more
independent so that the Agency can face squarely its responsibilities and duties as provided by the enabling Act of the agency.
} Adequate funding, technology and manpower must be
provided as a matter of urgency for NOSDRA by the government.
} tackle the problem of insecurity, especially terrorism.
} Oil companies must ensure international best practices in their operations. } Clean Nigeria Associates
} Stakeholders should ensure that local communities are involved in the multi-agency process by developing a workable framework to engage those communities.
} A separate guideline on multi-agency response to oil spill incidents in Nigeria should be drawn up by NOSDRA and implemented by it and all relevant support agencies in the multi-agency process in order to ensure success of the multi-agency response model.
Recommendations on the way forward…3
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6. Lessons for Europe } Nigeria’s experience with oil spills is
markedly different from Europe’s: } Oil spills are more frequent } Typically cover a smaller locality and
onshore } Weaker linkages with neighbouring
countries (on spills) } Often saboteurs, less ‘accidents’ } More likely pipelines, less likely on-
going sea vessels
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Source: http://www.theguardian.com/environment/2011/dec/16/fuel-leak-cargo-ship-france
Source: http://www.dw.de/acquittals-for-europes-2002-prestige-oil-tanker-spill/a-17222930
Lessons for Europe…2
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} Importance of institutional coordination } Need to define, clarify and
operationalize response model
} R i s i n g e x t r a c t i o n o f unconventional oil may result in more frequent spills onshore } Risk of complacency due to
previously infrequent onshore spills, particularly in countries without national lead agencies but rely on regional ‘big brothers’?
} C o m m u n i t y r e l a t i o n s , environment protection?
Source: http://www.theguardian.com/environment/2015/jan/07/shell-announces-55m-payout-for-nigeria-oil-spills
7. Conclusion
} The multi-agency model remains an important response model to oil spills in Nigeria.
} Currently, implementation appears weak. Effective
implementation will ensure that: } incidents will be swiftly investigated and dealt with; } multiple and useful resources (both human and material) will
be maximally utilised and deployed; and } the Nigerian environment (especially the Niger-Delta
environment) will not suffer incurable damages has it has suffered in the past.
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Conclusion…2
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} Onshore spills are frequent in Nigeria, but less frequent in Europe
¨ Care should be taken with unconventional oil exploration especially in countries without national lead agencies.
THANK YOU FOR LISTENING
College of Law & Institute for Oil, Gas, Energy, Environment and Sustainable Development (OGEES)
Afe Babalola University, Ado-Ekiti (ABUAD) Nigeria.
[email protected]/ [email protected]
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