The Law and Multi-Agency Response to Oil Spill Incidents

Transcription

The Law and Multi-Agency Response
to Oil Spill Incidents in Nigeria
Ayobami Olaniyan
College of Law,
Afe Babalola University, Nigeria.
Source: http://developmentdiaries.com/slippery-justice-for-victims-of-oil-spills-in-nigeria/
25th March, 2015
Outline
1. 
2. 
3. 
4. 
5. 
6. 
7. 
2
Introduction
Current State of Multi-Agency Response (MAR)
Review of Laws providing for MAR in Nigeria
Key Challenges facing MAR
Recommendations on the Way Forward: Lessons from
the Nigerian Model
Lessons for Europe
Conclusion
Ayobami Olaniyan: The Law and Multi-Agency
Response to Oil Spill Incidents in Nigeria
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.
3
Focus:
}  Key
Challenges facing Multi-Agency
Response in Nigeria.
}  Lessons
from the Nigerian Model and
Lessons for Europe
4
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
} 
5
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.
} 
6
The UN’s perspective of MAR Framework…
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
} 
7
} 
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.
Current state of multi-agency response to
oil spill in Nigeria…2
The lead agency on oil spill
incidents is the National Oil
Spill Detection and Response
Agency (NOSDRA).
} 
} 
8
Statutorily saddled with the
responsibility for
preparedness, detection and
response
Source: http://nosdra.org.ng/
Current state of multi-agency response to
oil spill in Nigeria…3
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.
9
3. Review of Laws providing for MAR
} 
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)
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4.Challenges hindering Multi-Agency
} 
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
Source: http://www.bbc.co.uk/news/worldafrica-17486617
} 
Inadequate Enforcement of Environmental Laws
and Guidelines
11
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.
12
Recommendations on the way forward:
Lessons from the Nigerian Model…2
} 
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.
13
Recommendations on the way forward…
3
} 
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.
14
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 ongoing sea vessels
15
Source: http://www.dw.de/acquittals-for-europes-2002-prestige-oil-tanker-spill/
a-17222930
Source: http://www.theguardian.com/environment/2011/dec/16/fuelleak-cargo-ship-france
Lessons for Europe…2
} 
Importance of institutional
coordination
}  Need to define, clarify and
operationalize response model
} 
Rising extraction of
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?
16
Source: http://www.theguardian.com/environment/2015/jan/07/shell-announces-55mpayout-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.
17
Conclusion…2
}  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.
18
THANK YOU FOR LISTENING
College of Law &
Institute for Oil, Gas, Energy, Environment and Sustainable Development (OGEES)
Afe Babalola University, Ado-Ekiti (ABUAD)
Nigeria.
ajolaniyan@abuad.edu.ng/ ayobamiolaniyan@gmail.com
19

The Law and Multi-Agency Response to Oil Spill Incidents

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