The Law and Multi-Agency Response to Oil Spill Incidents ... · The Law and Multi-Agency Response to Oil Spill Incidents in Nigeria ... The Law and Multi-Agency Response to Oil Spill

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

Ayobami Olaniyan: The Law and Multi-Agency Response to Oil Spill Incidents in Nigeria

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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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The Law and Multi-Agency Response to Oil Spill Incidents ... · The Law and Multi-Agency Response to Oil Spill Incidents in Nigeria ... The Law and Multi-Agency Response to Oil Spill