National Oil Spill Detection and Response Agency Act, 2006 (No. 15 of 2006)

A 407 NATIONAL OIL SPILL DETECTION AND RESPONSE AGENCY (ESTABLISHMENT) ACT, 2~, ARRANGEMENT OF SECTIONS SECTION: PART I-EsTABLISHMENT OF THE NATIONAL OIL SPILL DETECTION AND RESPONSE AGENCY 1. Establishment of the National Oil Spill Detection and Response Agency. PART II-NATIONAL OIL SPILL RESPONSE GOVERNING BOARD, ETC. 2. Establishment of the Governing Board of the Agency. 3. Tenure of Office. 4. Cessation of Membership. PART III-OBJECTIVES, ETC, OF THE AGENCY 5. Objectives of the Agency. 6. Functions of the Agency. 7. Special Functions of the Agency. PART IV-DIRECTOR-GENERAL AND OTHER STAFF OF THE AGENCY, ETC. 8. Appointment of the Director-General of the Agency. 9. Other employees of the Agency. 10. Pensions RefonnAct 2004. PART V,-FINANCIAL PROVISIONS 11. Fund of the Agency. 12. Expenditure of the Agency. 13. Annual estimates and accounts. 14. Annual reports. 15. Power to accept gifts. 16. Power to borrow. 17. Investment. PART VI-ESTABLISHMENT OF NATIONAL CONTROL AND RESPONSE CENTRE 18. Establishment of National Control and Response Centre. PART VII-FEDERAL GOVERNMENT INTERVENTION, ETC. 19. Federal Government Intervention, Etc. A 408 2006 No. 15 National Oil Spill Detection and Response Agency (Establishment) Act PART VIII-LEGAL PROCEEDINGS 20. Limitations of suits against the Agency, etc. Cap. 379 LFN. 21. Service of documents. 22. Restriction on execution against property of the Agency. 23. Indemnity of officers. 24. Secrecy. 25. Directives by the Minister, etc. 26. Regulations. 27. Interpretation. 28. Short Title. SCHEDULES NATIONAL OIL SPILL DETECTION AND, RESPONSE AGENCY .(ESTABLISHM~Nl) ACT, 2006 2006 ACT No. 15 ANACTTOPROVIDEFORTHEESTABLISHMENTOFTHENATIONALOJLSPllL DE:TECTIONAND RESPONSEAGENCY~.ANDFOR,RliJ..ATEDMATTERS. I18th.pay ofDC(ober, 2006 ] ENACTEDby the' National Assembly of the Federal Republic of Nigeria PARTI-EsTABLISH¥ENTOF, THENATIONAL,OILSPILLDETECTI~'. ANDRESPONSEAGENCY I.~ 1) There, is established an Agency to be ~nO\Yijas the National Oil Spill Detection and Response Agency ( in this Act refe,rr~<to as "the Agency") with responsibility for preparedness, detection and response to all oil spillages in Nigeria as set out in section i'oftliRAct. . .' '''.;;:.' (2) The Agency:' (a) shall be.a body corporate. with perpetual ~ijcoessiol1'an~a common seal; and (b) may sue and be sued in itscorpor~tename.,;, (3) The Headquarters of theAgency shall be in the Federal Capital Territory, Abuja and it may.establish zonal offices in the Stl@s of the Federation. PAR'!'fF-"",'NATIONALOtLSPILLRESPONSEDOVERNINGBOARD,EtC. ; [:' .: ~ ..' i . ,'1 ~ , . '. ., Z.~I) There is established for the Agency a Governing Board to be kno,wn as the National Oil Spill Response Governing Board (in this Act referred to as "the Govern ing Board") which-shallbe respot1'~1blefOr the formulatlori of policy for the Agency and act in Go~rnmg Board capacity' to the Agency in' the exercise of~ny of the functions conferred on the AgenCy and the Director-General by this Act.' . (2)The Governing a~ard~hall consist of: (a) a Chairman; (b) one representative each of the following Federal Ministries not below the rank of Director: (i) Environment; (ii) Defence; (iii) Petroleum Resources; (iv) Transport; (v) Aviation (Department of Meteorology) ; (vI) Communications; (vii) National Emergency Management Agency (NEMA); (viii) Works; (ix) Information and National Orientation; A 409 Commence ment. Establishment of the National Oil Spill Detection and Response Agency. Establishment of the Governing Board of the Agency. A410 2006 No. 15 National Oil Spill Detection and Response Agency (Establishment) Act First Schedule. Tenure of Office. Cessation of Membership. Objectives of the Agency. (x) Housing and Urban Development; (Xl) the Nigerian Police; (xii) Oil Products Trade Section of Lagos Chamber of Commerce (OPTS) ; (xiii) Agriculture and Rural Development; (xiv) Water Resources; and (xv) Institute of Oceanography and Marine Research. (3) The Director-General of the Agency, shall be a Member/Secretary to the Governing Board. (4) The Chairman and other members ofthe Governing Board shall be appointed by the President on the recommendation of the Minister. (5) The supplementary provision specified in the First Schedule to this Act shall have effect with respect to the proceedings of the Governing Board and the other matters therein mentioned. 3.-(1) The Chairman and members of the Governing Board shall each hold office for a period of four years in the first instance and may be re-appointed for a further term offour years and no more. (2) A member of the Governing Board may resign his membership by notice in writing addressed to the President through the Minister and that member shall, on the date of the receipt of the notice by the President, cease to be a member. 4.-( 1) A member of the Governing Board may at any time be removed by the President for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct or if the President is satisfied that it is not in the interest of the Agency or the interest of the public that the member should continue in office . .~. (2) Where a vacancy occurs in the membership of the Governing Board, it shall be filled by the appointment of a successor to hold office for the remainder of the term of office of his predecessor, so however that the successor shall represent the same interest as his predecessor and be appointed by the President on the recommendation of the Minister. PART III-OBJECTIVES, ETC. OF THE AGENCY 5. The objectives of the Agency shall be to co-ordinate and implement the National Oil Spill Contingency Plan for Nigeria (in this Act referred to as "the Plan") as follows: (a) establish a viable national operational organization that ensures a safe, timely, effective and appropriate response to major or disastrous oil pollution; (b) identify high-risk areas as well as priority areas for protection and clean up; (c) establish the mechanism to monitor and assist or where expedient direct the response, including the capability to mobilize the necessary resources to save lives, protect threatened environment, and clean up to the best practical extent of the impacted site; National Oil Spill Detection and Response Agency 2006 No. 15 A 411 (Establishment) Act . , (d) maximize the effective use of the.available facilities and resources of corporate bodies, their international connections and oil spill co-operatives, that is Clean Nigeria Associates (CNA) in implementing approp~iate spill response; (e) ensure funding and appropriate ~n4suffic,\e9l pre-positioned pollution combatingequipment and w~terials, as.well as functional communication network system required for effectiveresponse to major oil pollution ; , (I) provide a.programme of activation, trainmgand drill exercises to ensure readiness to oil pollution preparedness ·andresponse and themanagement.and operational personnel ; (g) co-operate and proyi<ie advisory services, technical support and equipment for purposes of responding t~ major oil pollution incident in the West African sub region upon request byanyneighbouringcountry, particularly where a part of the Nigerian territory may be threatened '; . ,h) provide support for' research and development (R&D) in the local development of methods, materials and equipment for oil spill detection and response; (i)-co-operate with the International Maritime Organization and other national, regional and international organizations in thepeemotienand exchange of results of research anddevelopment programme relating to the enhancementof the state of-the art oftbe oil pollution preparedness and respo~se, in~ludingtec;hnologies, techniques for surveillance, containment, recovery, disposal and clean up to the best practical extent; . '. (;) establish agreements with neighbouring countries' regarding the rapid movement of equipment, personnel and supplies into and out oftbe countries for emergency oil spill response activities; :k) determine and preposition vital combat equipment at most strategic areas for rapid response;' . (l) establish procedures by which the Nigerian Customs Service and the Nigerian Immigration Services shall ensure rapid importation of extra' support response equipment and personnel ; (m) develop and implement an appropriate audit system for the entire plan ; (n) carry out such other activities as are necessary or expedientf~~the full discharge of its functions and the execution of the Plan under 'this Act. 6.--{l) The Agency shall: (a) be responsible for surveillance and ensure compliance with all existing environmentallegislation and the detectiQQ.of oil spills in the petroleum sector ; (b) receive reports of oil spillages and co-ordinate oil spill response activities throughout Nigeria; (c) co-ordinate the implementation ofthe Plan.as may be formulated, from time time, by the Federal Government; Functions of the Agency. A412 2006 No. 15 National Oil Spill Detection and Response Agency (Establishment) Act Penalties. Special functions of the Agency. Second Schedule. (d) co-ordinate the implementation of the Plan for the removal of hazardous substances as may be issued by the Federal Government; (e) perform such other functions as may be required to achieve the aims and objectives of the Agency under this-Act or any plan as may be formulated by the Federal Government pursuant to this Act. (2) An oil spiller is by this Act to report an oil spill to the Agency in writing not later than 24hours after the occurrence of an oil spill, in default ofwhich the failure to report shall attract a penalty in the sum of five Hundred Thousand Naira (N500,000.00) for each day of failure to report the occurrence. (3) The failure to clean up the impacted site, to all practical extent including remediation, shall attract a further fine of one million Naira. (4) Such notice in writing is deemed to have been made, if delivered at the nearest zonal office closer to the impacted 'site; and of the Agency, the National Control and Response Centre within the stipulated time in subsection (2). 7. The Agency shall : (a) ensure the co-ordination and implementation of the Plan within Nigeria including within 200 nautical miles from the baseline for which the breath of the territorial waters of Nigeria is measured; (b) undertake surveillance, reporting, alerting and other response activities 'as they relate to oil spillages; (c) encourage regional co-operation among member States of West African sub-region and in the Gulf of Guinea for combating oil spillage and pollution in our contiguous waters ; (d) strengthen the national capacity and regional action to prevent, control, combat and mitigate marine pollution; (e) promote technical co-operation between Nigeria and member States of the West African sub-region; (I) facilitate: . (i) the arrival and utilization in and departure from Nigeria of ships, aircrafts and other modes of transport engaged in responding to oil pollution incidents or transporting personnel, cargo, materials and equipment required to deal with such an incident; and (ii) the expeditious movement into, through and out of Nigeria of personnel, cargoes, materials and equipment; (g) (i) The National Control and Response Centre shall for the purposes of a Tier 3 oil spill response, undertake such functions as specified under section 20 of this Act. (ii) The Director-General shall have the power to co-opt all the Government Ministries and Agencies mentioned under the Second Schedule to this Act, in the management of a Tier 3 or a major Tier 2 oil spill. National Oil Spi,l Deteetton arid Response7!.gtn'cy i«Jo6;J<{o.1~ A.'.lIS (E~ta.b~i!h~,en!)·'1ei ")r~ ,' 'j~';)~, 8.-{1) There shall be for the Agency, aPir~ctor-(Jenera1 who shall.be appointed by the President on the recommendationbfthe Minister. '1." I , (2)" The Director-Generalshall be the ChiefEx~titive and Aceonnting officer of the Agency and be responsible for thcf~ecutiori bf'lhe poot:y~andfthe daY~tb-day administration of the affairs of the Ageney. ,', (3) The Director-General so appointed shall ha"e~ minil9um~fl 0 y~s cognate experience on EnvirOJ?1llCntalmatters. " I, '1, (4) The Director-General shan Illi Id offi'Ce-:"' , '., I •. .J '-, "p, . - -;. -:~, '.' . .r ,,' - ,,:~.) (a) for a term of 4 years in the first instance and may be te-appointed for a furth'et term of4years'lmd no more; and I' f, i;',·;'. (b) on:~J,lchterms.and co~,ditjon.s~ ~a'y be s~~iti~'4iJJ,hi~:i,e.aeiofappolntrnent. 9.-{ 1)The AgeltcYshallappoint. ·sudl offkjers andother emplo~Scas;ittnay, from timetothne; deem necessary for the purpose' of the Agency., vs , T , (2) The terms and condltiorrs of'service (ihdtuding rermiiieratton, al\cKvances, benefits and pensions) of officers and employees of the Agency shall be1i(sdeternftned by the Agency, subject to tMlappl'{)Va~oftheNationat Income,Sala:tiesahd,Wages Commission (NISWC). 10:--(1) It is hereby declared that servict'in the Agencyshafl'be'aJ1Proved service for the purpose ofthePensi6nsRetbttris Act and accordihgly, ~pI~ees'of the Agency shall be entitledto pensions, gratuities and other retirement, benefits as are prescribed under the Pensions Reform Act.,;) ., .. " (2) Notwithstandingthe provisions of ssbseetion (1} bfthissection, nothing in this Act shall prevent the appo,mtment of a person to any 'offide Oft ferMs'Whicft: precludethe grant of a pension, ~atuity or other retirement benefits in respect of thatoffice, '... . '.:'!",.:',; . (3) For the purpose oftheaVJllicatiot\;ofthe previsions Of'tlWPensions Reform Act any-power: ~e'cisilble-by the Ministerer.otlier authorityoifl!be;F~dera:l Government, other than the power'to make iteguf4ttions under thePensiens' Retorm Act, ishereby vested in and ¢.ilHq~,~x~t:9i~a~lel?YWe Ag~~c~ and.not ~Y~Jl¥ other person Of; auth,ority., ; ; , , i 'Y P ART V-FINANCIAL PROVISIONS Appointment of the Director Generel of the Agency. ' Other employees of the Agency, Act No 2, 2004. II. The Agency shall.establishand mamta«p a fund into whichshall b,e paid Fund ofthe and.credited.: ;, .. >,';, 'n. ,""1() Agency. ta) the take-off grant from the F ederal ~W1t1Ul1#nt; r. (b) annual subvention from tfie'F'edehit Governmenvcdnsolidat\o;d rerven11e;'" (c) such counter-part funding as may be provided, from time to time bY'l{'sfate '. or-Local Govtm1~nt,; .:i;'! i ,Ii, "J!; '/ J: ; .. ) (d) loans and grants:.fn.;aidftoFttl nat'iooaI;'IJiHttetM'artd nrtllti1ateraPl1gencitls ; A4I4 2006 No. 15 National Oil Spill Detection and Response Agency (Establishment) Act Expenditure of the Agency. Annual Estimates and Accounts. Annual Reports. Power to accept gift. Power to borrow. (e) rents, fees and other internally generated revenues from services provided by the Agency ; and (fJ all other sums accruing to the Agency from time to time. 12.The Agency may, from time to time, apply the proceeds of the funds established in pursuance of Section II of this Act: (a) to the cost of administration of the Agency; (b) to the paying of the emoluments, allowances and benefits of members ofthe Governing Board and for reimbursing members of the Governing Board or of any committee set up by the Governing Board for such expenses as may be expressed or authorized by the Governing Board; (c) to the payment of the salaries, fees or other remuneration or allowances, gratuities and pensions, and other benefits payable to the officers and other employees of the Agency, so, however that no payment of any kind under this paragraph (except such as may be expressly authorized by the Agency) shall be made to any person who is in receipt of emoluments from the Federal or a State Government ; (d) for the development and maintenance of any property vested in or owned by the Agency ; and (e) for and in connection with all or any of its functions under this Act. 13.-(1) The Agency shall, not later than 30th September in each year, submit through the Minister to the President an estimate of its expenditure and income (including payments to the Agency) for the next succeeding year. (2) The Agency shall keep proper accounts in respect of each year and proper records in relation to those accounts and shall cause its accounts to be audited within six months after the end of each year by auditors appointed from the list and in accordance with the guidelines supplied by the Auditor-General for the Federation. 14. The Agency shall prepare and submit through the Minister to the Federal Executive Council, not later than six months after the end of each year, a report in such form as he may direct on the activities of the Agency during the immediate preceding year, and shall include in such report a copy of the audited accounts of the Agency for that year and the auditor's report on the accounts. 15.-(1) The Agency may accept any gift ofland, money or other property on such terms and conditions, if any, as may be specified by the person or organization making the gift. (2) The Agency shall accept any gift if the conditions attached by the person .rg::~::;;h:::e~;:a:ef:: i~:::::~:::~:r::: ~:c:::so::::r:;:~c~ otherwise such sums as it may require for the performance of its functions under this Act. (2) The Agency shall not, without the approval of Governing Board, borrow money which exceeds at any time the amount set by the Minister. National Oil SpiltDetectioft''andResponse Ag:encjl' 2oe6N'o~ltS':' A'41S (Estahlish;nent)"A'ct- - - ... (3) Notwith~tllnding sUbsectioofl ) 6fthis ~dtiOn,wfl'ereith~~litti to·be botrowed is in foreign currency, the Ageftc)f'sh~ll n'ot,borrow'the1sum withoutthe prior approVal of the Minister. r; ) ; :',::, ,;j j, ii:. r- I.' ",.'" 17:1he Agencyffltty, subject to th.b proVtsiohsbfthi~ ActandThe co~ditjons of Investment. any trust 'Createtlin 'tesp-eci of'~ity'prtipettY}ln'vesf 'aiH,r'any 'btits ft1h'ds' many security prescribed by the Trustee Investment Act or in such other securities as may, fronttin\e to time, beapprotedb}'theMihiSter. 'F") , ',il: '"I"'"f; i.i PART VI-EsTABLISHMENT OF NATIONAL CONTROL AND RESPONSE CENTRE ';1J , j dJ, .," ''',J 18.~1) .There.is ptab)~)led fO~;R~ofthi~,~~" ~~~,CWltr~,aAA. ' Response Centre,(in this.Actl'eferred to ~ ~'th~qWltre,")wb¥;hshotl"l :II .,(0) act as ~~·~epec:t4afoCessUlg.and re.sponse (:o-oni,inat~,~~nq;eJor aJl oil spill8j1l int~s.in NigeJtl~ <"'~"". ' .' .' '. , . ' (b) ~~eive anr~'~f~~$piiiage~ frOOt '~~al offiges im~(~~nrrol ~nitsof 1he AgenC.y;' '. ." ",'J!' ','T' ',;,:" ',',;'.l:;' " .»: ".1,'-' . .(c) serVe ~sthec'&nma~ and;co~trolcetltf~fJr' cb"rilplianc'e'iri~6illiri~g,i>f all existing legislation~n env i~"(m~ntal c?ntrol, sw:':'eiU~,ncefo~,oi~ spil! ,defection and Jti()nltoting and'c(')..ordm.ahngtesponse'S requifea ih piSri'ltctlVations. ! (2) The c,e(\i~~!$h~fI ~,h'e'acl~d h~utK,~~~~!r~(th~"Ag~~fX'~S' ~~~ be designatedfr6mtimet01tlrne:' , j", '''Lev,·,;.,' .. (3) The officer sod~s!~ati~'~dJr;sybs~~tioh(~);hfthisse¢9Qh,shalln~pqrtto the Director-Genetat' offhe A'geri~ on ~n~cHvitie~ ~~!~e~en#~~ , . '. ," ., PART VU...,.,.fEDERAl;' GOVERNMENTJNTBR.VBNtlON"ETC. " 19.-( l) TheAgency~.l;,~ ,.., ,(0).in ihe~vept:oi a rn~Ql' 01'.,djs~~9u~ ,~;~pill,:jn coJ~o.rati~, ~with :pther Agencies C9:-QP.t,,\ffi~~ffilkc;;and;supqm~, aU$Qse P.fOVis.i~~as ~,OtJt.in the' Second Schedule to this Act; "T/; Ii.) ") J' (b)~se~~!I!~ ext~~ o~,d,~a~, ~ ~~~e~~~~~ ~tWt:~~hi~(;??<Wio,mJo~\owing , .' the sl?l~r'against wha'! eXl~~~~befo.~~(~eferen~e ~~~l~e data a~ ~J Wapjs}"i". i' ,(c),urn,le~e,ap~m~rwiIJ i.mRflct!lS~~rp.en~~ detemHJ:iethe exten~,~p'inteJ1~ty . of dlllIlA~eandJq~ t~TIll.etfe~~:r;' ' ,, (d)>8dvisethe hdel"al.and&late~Yeromenttl.On< possjbfe-,effects, en tdle heal~' . , " ,~ofthe.~end.ensure; a~proprialCremeciWaGtionisaakqfonthe1!cstonUion and <?omge~~~ti?ni~~~~' enyj~?~~~~,; c;'''r', 'j; r/, "~I; I'"~ :,'J ,,,[inti i .(~1as~t~t,~~ ~~d,N~frp ~~~~~ ~f[,rfrf,ef.8!>ff1m~,n,~~,~W.at;tdth~J?JI:~piNer~, (I) monitor the response effort during an emergency, with a vioW)~ ~nSUJ;ingMli compliance with existing legislation on such matters; . . , . ' : (g) ai~!~ss',~~fd#~l~~e!C~#~t:d,?V~;6W~PW'~~IiqC'::"I;;'"""- ':~n'~~:I~:'('ii, :Jj/;l/ Estab Iishftle/llt of National Control and Response Centre. Federal Government Intervention, Etc, " Second Schedille~ A416 2006 No. 15 National Oil Spill Detection and Response Agency (Establishment) Act Second Schedule. Limitations of suits against the Agency etc. Cap.379 LFN. (h) expeditiously process and grant approval fqr any request made to it by an oil spiller for the use of approved dispersant or the application.of.any other technology considered vital in ameliorating the effect of an oil spill ; (i) advise and guide the response efforts as to ensure the protection of highly sensitive areas, habitats and the salvation of endangered or threatened wild life; and . ' '. ' (J) monitor the clean-up operations to ensure full rehabilitation of the affected areas. (2) The Agency shall act as the Lead Agency for all matters relating to oil spiIls response management and liaise with the other Agencies for the implementation of the plan, as contained in the Second Schedule. (3) The Agency shall : (a) co-operate with an oil spiIler in the determination of appropriate measures to prevent excessive damage to.the environment and the communities; (b) expeditiously consider any proposal made for response effort by the oil spiller; . (c) mobilize internal resources and also assist to obtain any outside human and financial resources that may be required to combat any oil spill; and (d) assist in the assessment of damage caused by an oil spillage. (4) Notwithstanding the functions of the Agency set out under this Act the specified Federal Ministries, Extra-Ministerial Departments, Parastatals and other bodies mentioned herein shall be charged with the following responsibilities set out under this Section as provided in the second schedule to this Act. PART VIII-LEGAL PROCEEDINGS 20.-( 1) Subject to the provisions of this Act, the provisions of the Public Officers Protection-Act shall apply in relation to any suit instituted against an officer or employee of the Agency. (2) Notwithstanding anything contained in any other enactment, no suit. against a member of the Governing Board or the Director-General, or any other officer or employee of'the Agency or the Centre for any act done in pursuance or execution of this Act or any other enactment or law, or of any public duty or authority in-respect of any alleged neglect or default in the execution of this Actor any other enactment or law, duty or authority, shall lie or be instituted in any' court unless it iscommenced : (a) within three months next after the Act, neglect or default complained of; or (b) in th'e case of a ~ontinuation of damage or injury, within six months next after the ceasing thereof. (3) The notice referred to in Section 21 of this section shall clearly and explicitly state the cause of action, the particulars of the claim, the name and place of abode of the intending plaintiff and the relief which he claims. National OilSpl1l Detection and Re$pon$:e'Agency 260~Mo:t1~V (Esfablishme'ni) Act: 21. A notice, summons or other document required or authori*tolbe:terved ontheAgency und~r.fheprovisiQlls of th isAct or a~other enactment or law may be served by deliv~ri~g it' t~)he'plr~to~~9~g~r~ 9T J>Y,selldi,'1~'it){r~gi~tet~,,l?~st; addressed to the Director-General at t~e prmClpat pftice of the Agency. ~.: -: ,-;:;(1 \ -irt~·,:' -/' riJ:~> \',';':; 22.-( 1) In any action or suit against the Agency, n~JexeCtltion ior ~~~ of process ..in ~h~flaw~~ thereofshall be,~su,e~~g~~t~!W Agtlncy.,,un~~ss,I\Qt less than three' months notice 'ofthe intentio~to(; e'xe~uie'or atta~HhaS been 'given to the Agehcy.'" ..,... '0"" "." .. , 'I. ,,,.' d . ,,,.: ,. (2) Any sum of money which by the judgmentof any court hl1$!be'etl~ded against the 'Agerity-shllli; sub'jett4o.uriy di~ giVt·rtrbYlheC:tfuit; \Vhete' rlbii~e of appeal against the judgment has been given, bepaid fr?J!l the fund of tfie:~&eficY.·' . '. ,!. ·,"'On 1';;: :~"j:"':: (1.•. ::11 ;;l:~":;'; ,'::.~, 23. A member of the Governing Board or the Director-Generalor ~,~ror. employee of the Agency or the CentfF. s~H.btl ind.ew~ip~(\.9.Vf,of t.h~ a,ssets of the Agency against any liability incurred'6yl~im)irideteiidihg any proceeding, whether civi I·Qr,~r,imimtl.if thtipl'Oceedlng is brtxlgbt.againsthint'io WS~acity.ft$1l ~ber, Director-General, officer or other employee ofthe Agency orlbe Ceftb,.' 24.-( 1)A member of the Governing Board or the Director-General or any other officer or employee ofthe Agency or the Centre shall : (a) not, for his personal gain, makause of any information which has come to his knowledge in the exercise of his powers or is obtained by him in the ordinary course of his duty as a member of the Governing Board or as the Director-General, officer or employee of the Agency or the Centre; (b) treat as contidential any information which has come to his knowledge in the exercise of his powers or is obtained by him in the performance of his duties under this Act; (c) not discIoseany information referred to under paragraph (b) of this subsection, except when required to do so by a court or in such other circumstances as may be prescribed by the Governing Board, from time to time. (2) Any person who contravenes the provisions of subsection (1) of'this section . commits an offence and is liable on conviction to a tine of not less than N50,OOO or to imprisonment for a term not exceeding six months or to both such fine and imprisonment. 25. The Minister may give to the Governing Board or the Director-General such directives of a general nature or relating generally to matters of policy with regard to the exercise of its or his functions as he may consider necessary and it shall be the duty of the Governing Board or the Director-General to comply with the directives or cause them to btl complied with. 26. The Agency may, with the approval of the Governing Board make such regulations as.in its opinion are necessary or expedient for giving full effect to the orovisions of this Act and for the due administration of its provisions. Service Qf·, documents. Restriction on execution against property of the Agency. Indemnity of officers. Secrecy. Directives by the Minister, etc. Regulations. A418 2006 No. 1'5 National Oil Spill Detection and Response Agency (Establishment) Act Interpretation. 27. In this Act : Short Title. "Governing Board" means the National Oil Spill Detection Response Governing Board of the Agency established under section 2 ofthis Act; "Agency" means the National Oil Spill Detection Response Agency established under section 1 of this Act ; . "Chairrlwn" means the Chairman of the Governing Board of the Agency; "Centre" means the National Control and Response Centre established under section 19 of this Act; "Member" means a member of the Governing Board of the Agency and includes the Chairman ; "Minister" means the Minister charged with responsibilities for matters relating to environment' ; and , . -.~ . "Minis;ry~ shatt~freconstrued accordingly, 21. This ActrnW be cited as the National OikSpill Detection Response Agency (Establishment) Act, 1006', Nali()1')al OilSpill 'Detection'lml:i R~()nse-A.gency l.06 ·No;15 ~~.19 (liJstablimment)\Acl " \ " SCHEDULE' ; ,I' FIRST SCHEDULE Section 2 (5) );':;( L i' j; f til Pr9C~pqf~l1e;~~mi~g~r.d,;,. " I. ~\lbjec;lcto .tbis,Act and:te~ion 27)of the J~m~~lati~.~qt (,whi••\t provides for ~isioRS ofa'!itatuoorybody.to \letakenby, aJm~.wriWofjtsmem\>eJ:s aJ)4..f,or.tJt~ persoa presidiag a,rap:>, meeting, ,wl1~R~yoUt:i&~~4er6ll!,;to/have,~ S~OIlc:lor casting vote), the Governing Board m~'mll!<e litan<ij,ng:()f~ ~!lting. i~ proo~ings or that of any of its committees. . ~) , 2~A.t every ~~tjllg of the Oo~~iIlg B~dl~,9.h~iIDl&n ~JlpresiQe and ln his absence t~ 11,lemb~,presemat the,me,~tin~ shAll.wpoint op.e of their tn~~ber to preside at the meeting. ' 3.The quorum ~t ameetiug of~ Goy~ing aoarc;l~~al~consist of UteGhainnan or, in an appropriate case, the person presiding atthe, meeting pursuant to PlU"Waph 2 of this schedule and six other members. ~l .,. I; . . • . . . ' .. '- r ' . .' , 4, The Governing Board ~ for $~,purpp,se-Bf this A,~ .J,Oeetno,tl~¥s than three times in each year and subject thereto the Governing Board shall meet~~ep.ever it is summoned by the C4~in;tJ.a1l,~Ji if requir~d tp QQ-$9,.by:noticegiy~ to him by not less than six other members, he shall summon~t~~ting of the qove,rning Board to be held within 14 days from the date on which the notice is given. , ! -, , \ : , I :.. 5, Whereth~Goveming 8Qard{iesire,stQ, obtain ~;flc;l,viceofany personon a particular matter, the Board may co-opt him to the,Governing BQlU"C!forsu!;h Pj::,rjodas it thinks fit, but a person who is a member by v~ oftbis sllb-par~8f1lPlt$lUm)P be entitled to vote at any meeting ofthe Governing Board and shall not count towards a quorum,. .' :HiIlL '-1m v Committees 6.-{ I) Subjectto its standing orders, the Governing Board may appoint such number of standing and ad hoc committees as it thinks fit to consider and report on any matter with which the Agency is concerned. (2) A committee appointed under this paragraph shall : (a) consist of such number of Persons (not necessarily members of the Governing Board as may be determined by the Governing Board), and a person, other than a member of the Governing Board, shall hold office on the committee in accordance with the terms of his appointment; and (b) be presided over by a member of the Governing Board. (3) The quorum of any committee set up by the Governing Board shall be as ruay be determined by the Governing Board. A 420 2006 No. 15 National Oil Spill Detection and Response Agency (Establishment) Act . (4)Adecisioll of'a Committee on the Governing Board shall be of no effect until it is confirmed by till' ( ioverning Board. Miscellaneous 7. The fixing of the seal of the Agency shall be authenticated by the signature of the Chairman, the Director-General or any other person generally or specifically authorized by the Governing Board to act for that purpose. S. Any contract or instrument which, if made by a person not being a body corporate, would not be required to be under seal may be made or executed on behalf of the Agency by the Director-General or by any other person specially authorized by the Governing Board to act for that purpose. 9. Any document purporting to be a contract, instrument or other document duly signed or sealed on behalf of the Agency shall be received in evidence and shall, unless the contrary is proved, be presumed without further proof to have been so signed or sealed. 10. The validity of any proceedings of the Governing Board or of any of its committees shall not be affected by : (a) any vacancy in the membership of the Governing Board or committee; or (b) any defect in the appointment of a member of the Governing Board or committee; or (c) reason that any person not entitled to do so took part in the proceedings of the Governing Board or Committee. 11.A member ofthe Governing Board who has a personal interest in any contract or arrangement entered into or proposed to be considered by the committee shall forthwith disclose his interest to the committee and shall not vote on any question relating to the contract or arrangement. 12. No member of the Governing Board shall be personally liable for any act or omission done or made in good faith while engaged in the business of the Agency. National ,Oil ,SpiN Detection 'aM R~p()'fJ3eAgency 2006~l1S A~Zt (&t(lblishlnwu) ,Ad SECOND'SeHlIDtJurSeClionl}J{~), (:'It)land 7(g)(ii) The Agency shaUinthe evetJtot'a 'major Tier'2 ot'Tier 3'oiUipiU co-opt and collaborate with the vatimls Ministries! Agencies iJl'respecMftlieir "a1~:fUnCtibns, as set out hereundee-sc i r, :. : ", I. The Nigerian Institute of OceandgFlipliy and Marlfie' Researclt: SPtaU~ •I '. ' ' . '..~-, ',:,: ' . "" ., ' , ' ,t -). ,::- ! .', ' (a) assist withdata on 'oil spill trajectory Tor spillages in brackish and ocean waters ;, ';) -.. C', L n: (b) monitor the extent of impact in tile coastaJ!and triariritenvitoitm~rit'; (c) monitor the effectiveness of cle~ up 'exe1Ci~s llIld1adwseotr 1eust+-dan'laging techniques for quick recovery of illlpa!,~,:t~f\Si ~,::; II H; ,:)'!, (c{), :l1lOnitqr:tp(jr~cQy~r~e" of,i~ ~~~ :~n,d'dOG~ment forrfutlJ'e use and ,~e)DQ$t,~c~ptable, ~tll()dsJor. 'lleNl~up, iq,~Qb ~~()ty,Jl1l~'(! (e) recommend rehabilitation. fl]li r:~~,to!~a!~Ol1m~thod$for tpt:. recovery of impacted areas; and (f}'., pto\rfde'tecPmictlf iaM~stientitie' stiPPdrl:servlte~ 'fodhe'Agenc~, ~-'.>,,;r.:".: i r: ,3j·I,The~ed~~a.ll~J~~strx~tW~~ks ~~~,It:". ( " : ,< (a) mobilize human and equipment resources to evacuate.affecredhuman commu':litien~lsaff;r,po~r~s; .. j i':"")'U'" ,.:,';;l! I. " (b) construct temporary or semi-permanent structures and shelters for the resettlement of victims' '. . !:'.;" ,'. i.; '. ';' ,, (c), provide 'access fOItdS to thesC'erlb ofanOiFSj;ilI ;' ')' (d) mobilize the Fire Service to combat'fi~ :that triay tesult afteian 011spill and for general rescue o~r~ion,s. i . "'ie. it '.\~heFf?lt;ra~MIDi$ttYof?e~~Isha.n:l'; ",'"" " (a) .set·fllp .medical outposts 'lIfOUndthe •seene: (yf M oihpUlagetl{ pnW'ide medical treatnumttoatfecttJdcommunities'l ' ),";c' ,:;i! t? (b) mobilize medi~1 personnel; drugs (md .oth~rrelicf;pn8:teriats t<'i check epidemic ; "(~) m~~itor th~ effe~t ~r.~n~il ~etl~;o,n1th~~~.n~~~lj~e ~ltbti~f:~~gW~uR~~ ; (d)' observe for possible outbreak of new health !RRJ1Mi<?,I;1~;c!h~~.w.\gbt.)be attributable to the incidence of an oil spill especially health impacts onpotable water suppliesi.ahd'": V".',', L ,;r" c.'ilv;L.J ; :';,' 'JiU; :)j,;130' ,',; (e) .mobilize i'equiremertts- 'il'l hcspitats' to re~~oiid)to theemetgency. 'i ;1.,; ~ , !t) 4. The Feder!lI,Min!stry of1;ril!1spon;;hilll,:, (a) ~obilize' all n,~rby:POrt ;fucmt~¥l tQ;~~~~jn any;t~~(mll~;effMt I : ,I;(; (b) provide barges, and st<?~~ fOrJ;ecq:y~ry~RtiI;; , .;),' (c) facilitate berthing fOf::Vessel~~ll.y~veQin lin oil spill combat ~:ud,i: ",~ (d)prOyidl;r~dyic.eoll· t~~ llaviga.biljlY of ;~ipp~ng :\aDefl; cre~~ 'lUld'other inland waterways. i .r,. ,. I' ,; A422 2006 No. 15 National Oil Spill Detection and Response Agency (Establishment) Act 5. The Federal Ministry oflnformation shall : (a) provide up-to-date information about an oil spill and give an unbiased view of the responseeffort to avail the affected communities and the general public With a clear and true picture of Federal Government's efforts; and (b) monitor the response activities work in co-operation with outside media organizations to provide accurate reporting of any oil spillage. 6. The Federal Ministry of Water Resources and the Federal Ministry of Agriculture and Rural Development shall : , (a) provide bore holes for water supply ; (b) provide food and reliefmaterials ; and " (c) provide agricultural implements and other inputs to resettle fishermen who may have been put out of business by the pollution of fishing areas'byoi]. 7. The Ministry of Communications, shall: (a) assist inthe setting up of communications centres around the.Scene of any oil spillage; (b) assist with international contacts with foreign based resource centres for assistance ; and (c) allocate special frequencies for use by the Agency and the Centre. 8. The Federal Ministry of Aviation (NIMET) shall : (a) provide regularly, dataon the prevailing weather conditions; and (b) make predictions on weather changes. 9. The National Emergency Management Agency shall: (a) in the event of a major Tier 2 or Tier 3 oil spill, perform its obligatory function of supply of relief materials to needy persons and liaise with relevant States Agencies to evacuate and re-settle persons should the need arise; (b) work alongside the Agency in coordinating oil spill emergencies. 10. The Agency shall : (a) assign an office or agency to represent the State or a Local Government on the zonal response team ; , (b) cooperate fully in all the activities during a response exercise; (c) assist in raising and training an adhoc intervention team from within its area of jurisdiction ; (d) include contingency planning for responses, consistent with its plan and zonal plans, in all related emergency and disaster planning; (e) initiate public safety and community relations actions necessary to protect public health and welfare during an emergency; and (f) assist in directing evacuation in accordance with existing State and Local Government Contingency Procedures. , J;'. Natjor:)p/ QiISpi//,IDeklction aJtIdResponse Ag~ 2Q06 No.iU:" (Eslablishmetf~Act, 11, Th,e ,oU,p,r\aduc()t"sJirade, SectiE>nlJ.,agos;01~of C()~rce{(»PTS) shall:, /: " d) kr. I (a) provide the operational ~ESltnapsoflthe area bt areas'am6ted tit IH<efy; to be affected by an oil spill; , (b) provide all necessary logistic support services including equipment and specialist personnel for response efforts; and ,.,' r. .!l ! ;:.'.:',/ ,(c), assistin s,t(~Wil\g~ese~vices of international organizations in response efforts, 'c:'. " ('.11 , 12, In conjunction with the Agency, Non-Governmental Organizations, Industrial Groups,Academic Organizations and others may offer services in : (a) assisting in their respective ways-to ensure effective response actions; (b) conducting scientific researches alongside government to evolve and devise sustainable clean upstrateg~8.a,n~ c~ilitation techniques ; and a~~;~=f1d~:wj~1~:r~~~~\~~8l~~~~:ib~d~~~~id~ir#e~iw:.~~e " ;, -Dl~ 1,£·I:.;i)~):r qL\~ :;~1n');f-·IL': '.J!ill)Ju:i :~. j;·!{)J;n ~r '; .:>··~:;r. !iHJ-{JJ :)(1 13, The Ministry of Science and ~dulQlo8)':Sball : ,() I;:,; ~:/;; .;::,) '0" ,(a) initiate and sustain research and development, into the development of local methods, materials and equipment for oil spill detection and response; (b) disseminate the results of such R&D for adoption at the levels ofthe oil communities, companies and relevant government agencies; and (c) enter into collaborative R&D with international organizations that are involved in oil spiII detection and response. 14. The Ministry of Defence shall assist: :a) to evacuate victims of the spill to designated areas for settlement; (b) to provide additional security back-up; (c) to patrol the sea and coastline; (d) in providing vessels for oil recovery ; (e) to render assistance to vessels in distress; (I) with communication support; in the recovery operation in the sea; (g) to make surveillance flights over the scene of the spill ; (h) to monitor oil slick movement; and (i) to provide transportation to and from the scene. 15. The Nigerian Police Force shall assist on full alert : (a) to keep order in the vicinity of the incident; (b) to protect property and equipment at the scene; (c) to protect workers from angry mobs; and (d) to assist with communication support. A 424 2006 No. 15 National Oil Spill Detection and Response Agency (Establishment) Act I Certify, in accordance with section 2 (I) of the Acts Authentication Act, Cap. 4, Laws of the Federation of Nigeria 1990, that this is a true copy of the Bill passed by both Houses of the National Assembly. NASIRU IBRAHIM ARAB, Clerk to the National Assembly 11th Day of October, 2006 EXPLANATORY MEMORANDUM This Act establishes the National Oil Spill Detection and Re~poI}Se,Ag~cr as the co-ordinating and monitoring body on the implementation of Federal Govemment policies on National Oil Spill Contingency Plan.' SCHEDULE TO NATIONAL OIL SPILL DETECTION AND RESPONSE AGENCY (ESTABLISHMENT, ETq BILL, 2006 (I) (2) (3) (4) (5) Short title of Long title of the Summary of the Date Passed by Date Passed by the Bill Bill contents of the Bill the Senate the House of Representatives National Oil Spill An Act to provide for the Th is Bill seeks to establ ish the Detection and establishment of the National National Oil Spill Detection and 23rd August, 2006. 16th August, 2006. Response Agency Oil Spill Detection and Response Agency as the co (Establishment) Response Agency ; and for ordinating and monitoring body on Bill, .2006. related matters. the implementation of Federal Government policies on National Oil Spill Contingency Plan. I certify that this Bill has been carefully compared by me with the decision reached by the National Assembly and found by me to be true and correct decision of the Houses and is in accordance with the provisions of the Acts Authentication Act Cap. 4, the Laws of the Federation of Nigeria, 1990. IASSENT. NASIRU IBRAHIM ARAB, Clerk to the National Assembly II th Day of October, 2006. CHIEF OLUSEGUN OBASANJO, GCFR President of the Federal Republic of Nigeria 18ih Day of October, 2006.