The Law and Multi-Agency Response to Oil Spill Incidents
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 Ayobami Olaniyan: The Law and Multi-Agency Response to Oil Spill Incidents in Nigeria Focus: } Key Challenges facing Multi-Agency Response in Nigeria. } Lessons from the Nigerian Model and Lessons for Europe 4 Ayobami Olaniyan: The Law and Multi-Agency Response to Oil Spill Incidents in Nigeria 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 Ayobami Olaniyan: The Law and Multi-Agency Response to Oil Spill Incidents in Nigeria 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… Ayobami Olaniyan: The Law and Multi-Agency Response to Oil Spill Incidents in Nigeria 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. Ayobami Olaniyan: The Law and Multi-Agency Response to Oil Spill Incidents in Nigeria 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 Ayobami Olaniyan: The Law and Multi-Agency Response to Oil Spill Incidents in Nigeria 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 Ayobami Olaniyan: The Law and Multi-Agency Response to Oil Spill Incidents in Nigeria 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) 10 Ayobami Olaniyan: The Law and Multi-Agency Response to Oil Spill Incidents in Nigeria 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 Source: http://www.bbc.co.uk/news/worldafrica-17486617 } Inadequate Enforcement of Environmental Laws and Guidelines 11 Ayobami Olaniyan: The Law and Multi-Agency Response to Oil Spill Incidents in Nigeria 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 Ayobami Olaniyan: The Law and Multi-Agency Response to Oil Spill Incidents in Nigeria 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 Ayobami Olaniyan: The Law and Multi-Agency Response to Oil Spill Incidents in Nigeria 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 Ayobami Olaniyan: The Law and Multi-Agency Response to Oil Spill Incidents in Nigeria 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 Ayobami Olaniyan: The Law and Multi-Agency Response to Oil Spill Incidents in Nigeria 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 Ayobami Olaniyan: The Law and Multi-Agency Response to Oil Spill Incidents in Nigeria 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 Ayobami Olaniyan: The Law and Multi-Agency Response to Oil Spill Incidents in Nigeria 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 Ayobami Olaniyan: The Law and Multi-Agency Response to Oil Spill Incidents in Nigeria THANK YOU FOR LISTENING College of Law & Institute for Oil, Gas, Energy, Environment and Sustainable Development (OGEES) Afe Babalola University, Ado-Ekiti (ABUAD) Nigeria. 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