Petroleum (Refining, Conversion, Transmission and Midstream Storage) Act, 2013

Section Purpose of the Act Section The purpose of this Act is to operationalise the National Oil and Gas Policy of Uganda by— establishing an effective legal framework to ensure that midstream operations in Uganda are carried out in a sustainable manner that guarantees optimum benefits for all Ugandans both the present and future generations; enabling the development of petroleum refining , gas conversion , pipelines, transmission pipelines and midstream storage facilities; facilitating investment in midstream operations ; regulating the planning, preparation, licensing, installation and maintenance of facilities for midstream operations ; providing for the security of midstream operations ; promoting equitable access to facilities for midstream operations ; ensuring public safety and protection of public health and the environment in relation to midstream operations ; and promoting state participation and national content in midstream operations .

Section Interpretation Section In this Act , unless the context otherwise requires— " Act " means the Petroleum (Refining, Conversion, Transmission and Midstream Storage) Act, 2013; " agreement " means an agreement entered into by an authorised Government authority with a person or entity in accordance with this Act for purposes of regulating the terms and conditions of midstream operations ; " Authority " means the Petroleum Authority of Uganda established under the Petroleum (Exploration, Development and Production) Act , 2013; " authorised officer " means an officer or other person acting under the authority of the Minister or the Authority under this Act ; " authorised person " means a person authorised to carry out midstream operations under this Act ; " best petroleum industry practices " means the use of what is accepted to be the best available practices that are generally accepted as good, safe, transparent and efficient in carrying out midstream operations and that can be applied globally under similar circumstances; " code of practice " means a code of practice issued by the Minister under section 96 ; " conversion " means changing the natural gas component, without alte...

Section Compliance with environmental principles Section A licensee and also a person who exercises or performs functions, duties or powers under this Act in relation to midstream operations shall take into account, and comply with the environmental principles prescribed by the National Environment Act and other applicable laws. A licensee shall ensure that the management of transportation, storage, treatment or disposal of waste arising out of midstream operations is carried out in accordance with the environmental principles and safeguards prescribed under the National Environment Act and other laws applicable. A licensee shall contract a separate entity to manage the transportation, storage, treatment or disposal of waste arising out of midstream operations . For the avoidance of doubt, the licensee shall remain responsible for the operations of the entity referred to under subsection (3). The National Environment Management Authority , in consultation with the Authority , may grant a licence for the management of transportation, storage, treatment or disposal of waste arising out of midstream operations to an entity contracted by a licensee under subsection (3), on terms and co...

Section Restrictions on flaring or venting Section Disposal of gas by flaring or venting for normal operational safety under subsection (1) shall be by consent in writing of the Authority where— Where a licensee vents or flares under subsection (4), the licensee shall— A licensee shall not flare or vent petroleum in excess of the quantities needed for normal operational safety without the approval of the Minister on the advice of the Authority . All facilities shall be planned and constructed so as to avoid any gas flaring or venting under normal operating conditions. it is necessary for the safety of the midstream operations ; or it is necessary to comply with a requirement imposed by or under any law in Uganda. In the case of an emergency, the licensee may flare or vent without the consent of the Authority under subsection (3). ensure that the venting or flaring is kept at the lowest possible level; and submit to the Authority a technical report detailing the nature and circumstances that caused the emergency situation. A person who contravenes subsection (5) commits an offence and on conviction is liable to pay a fine not exceeding three hundred thousand currency points.

Section Application of Part Section This Part applies to liability for pollution damage from a facility when the damage occurs in Uganda or affects a Ugandan vessel, vehicle, locomotive or craft or a Ugandan facility in adjacent areas. The Minister may, notwithstanding the provisions of this Act , prescribe regulations relating to liability for pollution damage caused by midstream operations under this Act . Regulations made under subsection (2) shall not restrict the right to compensation according to this Act in respect of any injured party under the Ugandan jurisdiction.

Section Liability of licensee for pollution damage Section Where it is demonstrated that an inevitable event of nature, act of war, exercise of public authority or a similar force majeure event has contributed to a considerable degree to the damage or its extent under circumstances which are beyond the control of the licensee , the liability may be reduced to the extent it is reasonable, with particular consideration to— The licensee is liable for pollution damage from midstream operations under this Act without regard to fault. the scope of the activity; the situation of the party that has sustained the damage; and the opportunity for taking out insurance on both sides.

Section Liability for pollution damage caused without a licence Section Where pollution damage occurs during a midstream operation under this Act , and the operation has been conducted without a licence , the party that conducted the midstream operation is liable for the damage regardless of fault. The same liability rests on any other person who has taken part in the midstream operation, and who knew, or should have known, that the operation is being conducted without a licence .

Section Claiming of damages Section Liability for pollution damage may not be claimed against a— The liability of a licensee for pollution damage may be claimed in accordance with this Act and any other law applicable. person who by agreement with a licensee or his or her contractors has performed tasks or work in connection with midstream operations ; person who has manufactured or delivered equipment to be used in midstream operations ; person who undertakes measures to avert or limit pollution damage , or to save life or rescue values which have been endangered in connection with the midstream operations , unless the measures are performed in conflict with prohibitions imposed by a public authority or are performed by a person other than a public authority regardless of express prohibition by the operator or the owner of the values threatened; person employed by a licensee or by a person referred to in paragraph (a), (b) or (c). Where a licensee has been ordered by court to pay compensation for pollution damage , but fails to pay within the time stipulated by the judgment, the party that has sustained damage may bring an action against the party that has caused the damage to the...

Section Recourse for pollution damage Section A licensee may not claim recourse for pollution damage against a person exempted from liability under section 60 (2) unless that person in question or a person in his or her service has acted wilfully or by gross negligence. Recourse liability may be mitigated to the extent that it is considered reasonable in view of manifested conduct, economic ability and the circumstances in general. Any agreement on further recourse in respect of persons against whom liability cannot be claimed under section 60 (2) contrary to that section is invalid.

Section Jurisdiction Section Legal action for compensation for pollution damage shall be brought before a competent court in the area where the effluence or discharge of petroleum commodities or products has taken place.

Section Acquisition and pricing of petroleum commodities Section Whenever available, a refinery or conversion plant in Uganda shall give priority to petroleum commodities produced in Uganda. Subject to subsection (1), the refinery or conversion plant may obtain crude oil or raw gas from outside Uganda. The pricing of petroleum produced shall be in accordance with the method prescribed by regulations and shall take into account world market pricing based on arm’s length principles.

Section Petroleum products pricing Section The licensee shall, with the approval of the Authority determine the gate price for petroleum products in a manner prescribed by regulations and subject to the international import parity pricing principle.

Section Supplies or deliveries to cover Uganda requirements Section The Minister may direct a licensee to make supplies or deliveries from the licensee ’s facility to cover Uganda requirements for petroleum commodities and products and may further direct to whom such petroleum commodities or products shall be delivered. Where the Minister directs the licensee to make deliveries under subsection (1), the Minister shall give the licensee forty five days notice before the delivery is made. The price paid for the petroleum commodities or products delivered under this section shall be determined in accordance with section 39 (3).

Section Supplies or deliveries in case of war, threat of war or other crisis Section Subject to article 26 of the Constitution, in case of war, threat of war, natural disaster or other extraordinary crisis, the Minister may, with the approval of Cabinet, direct a licensee to place petroleum commodities or products at the disposal of the State. Sections 39 and 40 shall apply to the pricing of petroleum supplied under subsection (1) unless the particular situation warrants otherwise. In case a situation under subsection (2) occurs, the Minister shall, in consultation with the Minister responsible for finance and the licensee , determine the price. The Minister shall make a report to Parliament within six months of the occurrence of war, threat of war or other crisis referred to under subsection (1).

Section Decommissioning plan Section A licensee shall submit a decommissioning plan to the Authority — The licensee shall update the decommissioning plan— before a licence to install and operate a midstream facility expires or is surrendered; or before the use of a midstream facility is terminated permanently. The plan referred to in subsection (1) shall contain proposals for continued operation or shut down of the midstream facility and decommissioning of such facilities and any other information prescribed by regulations . The decommissioning of the midstream facilities referred to in subsection (2) may constitute further use of the facilities in the midstream operations , other uses, complete or part removal and disposal or abandonment. The plan shall contain the information and evaluations deemed necessary in order to make a direction under section 46 . The Authority may on receipt of the plan require further information and evaluations, or may require a new or amended decommissioning plan. in conjunction with any subsequent application for a permit, to make additions or substantial changes to the facilities; whenever the expected method or costs of carrying out the decommissio...

Section Decommissioning fund Section The decommissioning fund shall commence from the calendar quarter in any of the following situations— The Minister shall, by regulations establish a decommissioning fund for one or several types of facilities used for midstream operations or midstream storage . The decommissioning fund shall be applied to implement activities approved in the decommissioning plan. the operation has reached fifty percent of the project agreement life as determined in the licence period and any successive renewals; five years before the expiry of the licence ; or on notice of surrender. For every subsequent calendar quarter in which the facility is operated, the Authority shall charge the licensee a portion of the estimated future cost for decommissioning.

Section Notification of termination of use Section The licensee shall notify the Authority of the time of termination of a facility if the use of the facility is expected to terminate permanently before the expiry of the licence .

Section Disposal of decommissioned facilities Section The Minister may issue directions relating to the disposal of decommissioned facilities and shall stipulate a time limit for the implementation of the directions. Directions issued under subsection (1) shall be based, among other factors on technical, safety, environmental and economic aspects as well as on consideration for other users. The Minister may stipulate specific conditions in connection with the directions. The licensee shall ensure that a direction relating to disposal of a facility is earned out, unless otherwise directed by the Minister . The obligation to carry out the direction relating to disposal applies even where the direction is made or is to be implemented after the expiry of the licence . Where the ownership of a facility has been transferred in accordance with this Act , the licensee and the owner shall jointly ensure that a direction relating to disposal is carried out, unless otherwise directed by the Minister . Where the direction is to the effect that the facility shall continue to be used in the midstream operations or for other purposes, the licensee , owner and user are jointly obliged to ensure th...

Section Removal of property by a licensee Section Where a licence has been surrendered or has expired, the Authority shall by notice in writing served on the person who is or was the licensee , direct that person, within the period specified in the notice— to remove or cause to be removed all or part of the facility by any person engaged or concerned in the operation authorised by the licence , or to make arrangements that are satisfactory to the Authority with respect to that property; to close off the operation of the facility ; and to make provision, to the satisfaction of the Authority , for the conservation and protection of the environment. A direction given under subsection (1) shall be consistent with the best petroleum industry practices , and nothing in this section or in any direction shall be construed as requiring any person who is or was the licensee to do anything which is not in accordance with the best petroleum industry practices . A person to whom a direction under subsection (1) is given who refuses or fails to comply with the direction within the period specified in the notice commits an offence and is liable on conviction to a fine not exceeding five thousand...

Section Removal and sale of petroleum by the Authority Section Subject to section 51 and with the approval of the Minister, where a direction given under section 46 or 47 has not been complied with, the Authority may— The Authority may deduct from the proceeds of a sale of property under subsection (1) the— The costs and expenses incurred by the Authority under subsection (1)— do or cause to be done all or any of the things required by the direction to be done; remove or cause to be removed, in such manner as the Authority deems fit, all or any of the property from the area concerned; dispose of, in such manner as the Authority deems fit, all or any of the property from the area concerned; and if the Authority has served a copy of the notice by which the direction was given on a person to whom the Authority is satisfied to be an owner of the property or part of the property, sell or cause to be sold by public auction or otherwise as the Authority deems fit, all or any of the property referred to in this section that belongs, or that the Authority believes, belongs to that person. costs and expenses incurred by the Authority under that subsection in relation to that property; costs...

Section Liability for damages for disposal of decommissioned facility Section A licensee obliged to implement a direction relating to the disposal of the decommissioned facility under section 46 is liable for damage or inconvenience caused in connection with the disposal of the facility or other implementation of the direction. Where the licensee abandons a facility , the licensee is liable for damage caused in connection with the abandoned facility . Where there is more than one party liable under subsection (1) or (2), they shall be jointly and severally liable for all financial obligations. In the event of decisions for abandonment, it may be agreed between the licensee and the Minister that the future maintenance, responsibility and liability shall be taken over by the Government based on an agreed financial compensation.

Section Encumbrances Section Where the Government requires removal of a facility , any lien, charge or encumbrance on the facility shall lapse. Subsection (1) applies where the Government takes over the facility under section 51 , except that in such cases, rights of use established with the consent of the Minister shall remain in force.

Section Takeover of facilities by Government Section The Government may take over the facilities of the licensee when— a licence expires; a licence is surrendered or cancelled; or when the use of the facility has been terminated permanently. Where the Government has confirmed that it wishes to exercise its right to takeover, the takeover shall take effect six months after the period when the licence has expired, has lapsed or for any other reason, or the use of the facility has been terminated permanently, unless otherwise agreed or decided by the Minister . Where the Government takes over a facility , the facility with its accessories shall be in such condition with adequate maintenance to ensure functional capability that the operation may require. Any dispute in regard to subsection (2) and, where applicable, regarding the compensation to be paid to the Government for lack of maintenance shall be determined by appraisement. Where Government takes over a facility under this section, the licensee may continue operating the facility upon payment of the prescribed fee where the licensee is not in default. [Please note: numbering as in original.]

Section State participation in midstream operations Section Subject to section 7 , the Government may participate in midstream operations under this Act. The Minister shall, with the approval of Cabinet, specify the form and manner of the Government participation under subsection (1).

Section Provision of goods and services by Uganda entrepreneurs Section The entities referred to in subsection (1) shall— The licensee , its contractors and subcontractors shall give priority to citizens of Uganda and registered entities owned by Ugandans in the provision of goods and services. have adequate resources and capacity to add value to the petroleum operations carried out by the licensee ; and be approved by the Authority in accordance with the criteria prescribed by the Minister by regulations . The licensee , and the contractors and subcontractors of the licensees shall give priority to the purchase of local products and services from Ugandans wherever they are competitive in terms of quality and timely availability. Where the goods and services are not available in Uganda, they shall, where possible, be provided by a company which has entered into a joint venture with a Ugandan company. The licensee shall, within sixty days after the end of each calendar year, provide the Authority with a report of its achievements and its contractors and subcontractors’ achievement in utilising Ugandan goods and services during that calendar year. The Authority shall submit to the Mi...

Section Training and employment of Ugandans Section The licensee shall, within twelve months after the grant of a licence under this Act , and on each subsequent anniversary of that grant, submit to the Authority for approval, a detailed programme for recruitment and training of Ugandans in midstream operations . The Authority shall with the approval of the Minister provide guidelines to the licensees in regard to the training and recruitment of Ugandans in midstream operations . The training and recruitment programme shall provide for the training of Ugandans in all phases of midstream operations . Where a programme or a scholarship proposed to be awarded under this section has been approved by the Authority , it shall not be varied without the permission of the Authority . The licensee shall submit to the Authority a report on the execution of the recruitment and training programme under this section.

Section Training and technology transfer Section A licence shall include a clearly defined training programme for the local employees of the licensee , which may be earned out in or outside Uganda and may include scholarships and other financial support for education. A licence shall include a commitment by the licensee to maximise knowledge and skills transfer to Ugandans and to establish in Uganda, management and technical capabilities and any necessary facilities for technical work. Regulations made under this section, shall prescribe requirements for technology transfer and transfer of knowledge and skills relating to midstream operations to Ugandans to be employed by the licensee .

Section Use of licence as security Section The Minister may, in consultation with the Authority , consent to the use of a licence by a licensee under this Act as security by the licensee of his or her share of the licence as part of the financing of the operations prescribed in the licence in a manner prescribed by regulations .

Section Safety Section A licensee shall— Midstream operations shall be conducted in such a manner as to enable a high level of safety to be maintained and further developed in accordance with technological developments and laws relating to health and safety. identify and evaluate hazards and risks associated with any work performed in the course of midstream operations carried out under the licence which constitute a hazard to the health of any person employed for purposes of that work and the steps that need to be taken to comply with the provisions of this Act and regulations made under this Act ; and as far as reasonably practicable, prevent the exposure of the person referred to in paragraph (a) to the hazards concerned or, where prevention is not reasonably practicable, minimise the exposure.

Section Safety precautions Section An operator shall— take precautions as are necessary to— ensure the safety of any person employed or otherwise present at or in the vicinity of any facility ; and protect the facilities, environment and natural resources, including taking precautions to prevent pollution ; and ensure that the person referred to in paragraph (a) (i) is duly informed of those precautions.

Section General requirements for emergency preparedness Section A licensee and any other participant in midstream operations shall, at all times maintain efficient emergency preparedness with a view to dealing with accidents and emergencies which may lead to loss of life or personal injury, pollution or major damage to property. The licensee shall ensure that necessary measures are taken to prevent or reduce harmful effects, including the measures required to return the environment to the condition it had been in before the accident or emergency occurred. The Minister may issue directions for the implementation of the measures referred to in subsections (1) and (2).

Section Emergency preparedness against deliberate attacks Section The licensee shall initiate and maintain security measures to contribute to avoiding attacks against facilities and shall at all times have contingency plans to deal with such attacks. The licensee shall place facilities at the disposal of public authorities for emergency and security drills and shall, where necessary, participate in such drills. The Minister may direct implementation of the measures referred to in subsections (1) and (2).

Section Safety zones Section The Authority may direct that— There shall be a safety zone surrounding every facility carrying out midstream operations , unless otherwise determined by the Authority . The Authority may in cases of accidents and emergencies, establish or extend the safety zones under subsection (1). The extent of the safety zones referred to in subsections (1) and (2) shall be determined by the Authority . a zone corresponding to the safety zone shall be established in a reasonable time before the placing of the facilities as mentioned in subsection (1); or there shall be a safety zone around and above abandoned or dumped facilities, or parts of the facilities. Unauthorised vessels, vehicles, crafts, fishing gear or other objects shall not be present in zones mentioned in subsections (1), (2), (3) and (4).

Section Suspension of midstream operations Section Where an accident or emergency referred to in section 65 occurs, the licensee or other person responsible for the operation and use of the facility shall, to the extent necessary, suspend the midstream operations for as long as the requirement to prudent operations warrants. Where special circumstances exist, the Minister may order that midstream operations be suspended to the extent necessary, or may impose particular conditions to allow continuation of the operations. Where the Minister makes an order under subsection (2) basing on circumstances not caused by the licensee , the Minister may, upon application, extend the period of time for which the licence applies and, to a reasonable extent, mitigate the obligations of the licensee .

Section Requirement to submit safety documentation Section The licensee shall prepare a health and safety plan in accordance with sections 67 or 63 as the case may be. The plan and the licensee ’s documentation for implementation of the work shall be submitted to the Minister as part of the regulatory health and safety supervision.

Section Qualifications Section The licensee and other persons engaged in midstream operations shall possess the necessary qualifications to perform the work in a prudent manner. The licensee shall ensure that any person carrying out work for the licensee complies with subsection (1). The Minister may, by regulations prescribe the qualifications required for different types of midstream operations .

Section Commission of inquiry Section Where an accident occurs which the Minister considers to be serious in connection with midstream operations to which this Act applies, the Minister may appoint a commission of inquiry under this Act to inquire into the accident and shall make public the report of the inquiry within six months upon completion of the inquiry. The Minister shall lay before Parliament a report of the inquiry made under subsection (1). Subsection (1) applies to incidents in the operations which have led to serious danger including loss of life or major damage to property or pollution of the environment.

Section Information, data, reports and records Section A licensee shall keep at an address in Uganda which shall be notified to the Authority , a complete and accurate records regarding the following— a report on training of Ugandan personnel including— A person who— updated information regarding ownership of the licence ; the inventory and volumes of petroleum commodities refined, converted, traded, transmitted or stored; use of petroleum commodities and products; the tariff structure and rates for third party use of the facility ; capacity and efficiency of the facility ; specifications of petroleum commodities and products having been refined or converted in the facility ; the number of employees by nationality, gender and disability; the number of persons trained in general; and the number and title of qualifications obtained; and any other information as may be prescribed by regulations . without lawful excuse fails to keep information, data, reports or records under subsection (1); or makes in any information, data, reports or records under subsection (1) a statement which he or she knows to be false in any material particular,

Section Duties on termination of licence Section Where a licence is terminated or revoked or expires, the person who was the licensee immediately before the termination, revocation or expiration of the licence shall immediately deliver to the Authority in a format acceptable to the Authority — all records and data which the licensee maintained with respect to the licence ; all plans, maps, and technical designs of facilities which were prepared by or on the instruction of the licensee ; all tapes, diagrams, profiles and charts which were prepared by the licensee ; and such other documents as the Authority , may, by notice given to the licensee , require him or her to deliver.

Section Availability of information to the public Section The Minister may, in accordance with the Access to Information Act , 2005, make available to the public— details of all agreements, licences and any amendments to the licences or agreements whether or not terminated or valid; details of exemptions from or variations or suspensions of, the conditions of a licence ; and all assignments and other approved arrangements in respect of a licence . The information referred to in subsection (1) shall be available to any person upon payment of the prescribed fee.

Section Confidentiality of data Section Subject to the Access to Information Act , 2005, all data submitted to the Minister by a licensee shall be kept confidential and shall not be reproduced or disclosed to third parties by any party under this Act except— The provisions of subsection (1) shall not prevent disclosure— by the Minister upon fifteen days’ prior written notice to the licensee identifying the parties to which disclosure will be made— by the licensee or one or more of the subsidiaries of the licensees to— in the case of disclosure by the licensee , with the prior written consent of the Minister ; or in the case of disclosure by the Authority prior to the expiration of the licence , with the prior written consent of the licensee . Consent under subsection (1) (a) or (b) shall not be unreasonably withheld or delayed. to an agency of the Government; to a financial institution or person acting as a consultant or professional advisor to the Authority ; arbitrators and experts appointed under this Act or under an agreement made under this Act ; for statistical purposes; or a licensee affiliated company, its home government or any department or, agency as required by any law;...

Section Prohibition against disclosure of information Section Nothing in subsection (1) operates to prevent the disclosure of information when the disclosure is made— Information furnished, or information in a report submitted under this Act by a licensee shall not be disclosed to any person who is not a Minister or an officer in the public service except with the consent of the licensee . after the licence concerned has ceased to have effect; for and in connection with the implementation of this Act ; for the purpose of or in connection with any legal proceedings; to any consultant employed to advise the Government on matters relating to midstream operations ; for or in connection with the preparation by or on behalf of the Government of statistics in relation to midstream operations ; to a financial institution for or in connection with financial arrangements or advice in relation to midstream operations ; for or in connection with the determination of any liability of the licensee to make any payment to the Government; or for or in connection with any matter, or for any purpose, prescribed in an agreement . A person shall not, while still in the public service or service of the...

Section Obstruction of authorised officer Section A person who— without reasonable excuse, obstructs, molests or hinders an authorised officer in the exercise of his or her powers under this Act ; or knowingly or recklessly makes a statement or produces a document that is false or misleading in a material particular to an authorised officer engaged in carrying out his or her duties and functions under this Act ,

Section Powers of inspectors Section Without limiting the general effect of the foregoing provisions of this section, the inspector may— The Authority may, by notice in the Gazette designate inspectors for purposes of this Act . For the purposes of this Act , an inspector may, at any reasonable time, enter any area, place or premises that the inspector reasonably believes is used for the purposes of, or in connection with, a midstream operation, including any area place or premises believed to be used only for the storage of equipment or for the keeping of any accounts, documents or records relating to such an operation. This section shall not be taken to authorize entry into any premises or part of any premises that is being used as a private dwelling except with the consent of the occupant or under the authority of a warrant issued in accordance with the law. An inspector who enters an area, place or premises under this section shall have full and free access to any plant, equipment storage area and facility therein. The owner or person in charge of any area, place or premises referred to in subsection (1) and any person found there shall give an inspector reasonable assistance f...

Section Obstruction of inspector Section A person who— willfully delays or obstructs an inspector in the exercise or performance of the inspector’s powers and functions; refuses to give an inspector such reasonable assistance as the inspector may require for the purpose of the exercise of the inspector’s powers under this Act ; or knowingly or negligently gives an inspector false or misleading information in answer to any inquiry made by the inspector;

Section Obstruction of licensee Section A person who, without reasonable excuse, obstructs, molests, hinders or prevents a licensee in or from doing any act which the licensee is authorised to do by this Act or his or her licence commits an offence and is liable on conviction to a fine not exceeding five thousand currency points or imprisonment not exceeding five years or both.

Section Offences committed by a body corporate Section Where an offence which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of a director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he or she, as well as the body corporate, commits that offence and is liable to be prosecuted and punished accordingly.

Section Orders for forfeiture Section Where a person is convicted of an offence under this Act , the court may in addition to any other penalty imposed, make— an order for the— an order for the forfeiture of any funds, money instruments, documents, facilities, vehicles, crafts, vessels or equipment used in the commission of the offence; and forfeiture of petroleum commodities or products converted, transmitted or stored in the course of the commission of the offence; or payment by that person to the Government of an amount equal to the proceeds received from midstream operations carried out. Where the court is satisfied that an order made under subsection (1)(b)(i) cannot for any reason be enforced, the court may, upon the application of the person by whom the proceedings were brought, set aside the order and make an order referred to in subsection (1)(b)(ii). The court may, before making an order under this section, require notice to be given to, and to hear any person as the court deems fit.

Section Contravention of decisions and orders issued under this Act Section A person who wilfully or negligently contravenes any directive issued under this Act commits an offence and is liable on conviction— in the case of an individual, to a fine not exceeding ten thousand currency points or imprisonment not exceeding five years or both; or in the case of a body corporate, to a fine not exceeding one hundred thousand currency points.