(1) The Agency shall-
- Be responsible for surveillance and ensure compliance with all existing environmental legislation and the detection of oil spills in the petroleum sector;
- Receive reports of oil spillages and co-ordinate oil spill response activities throughout Nigeria;
- Co-ordinate the implementation of the Plan as may be formulated, from time to time, by the Federal Government;
- Co-ordinate the implementation of the Plan for the removal of hazardous substances as may be issued by the Federal Government;
- 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.
An oil spiller is by this Act to report an oil spill to the Agency in writing not later than 24 hours after the occurrence of an oil spill, in default of which the failure to report shall attract a penalty in the sum of five hundred thousand naira (N5OO,OOO.OO) 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 Center within the stipulated time in subsection (2).
Special functions of the Agency :
The Agency shall-
- Ensure the co-ordination and implementation of the Plan within Nigeria including within 200 nautical miles from the baseline from which the breath of the territorial waters of Nigeria is measured;
- Undertake surveillance, reporting, alerting and other response activities as they relate to oil spillages;
- 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;
- Strengthen the national capacity and regional action to prevent, control, combat and mitigate marine pollution;
- Promote technical co-operation between Nigeria and member States of the West African sub-region;
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
The expeditious movement into, through and out of Nigeria of personnel, cargoes, materials and equipment;
The National Control and Response Center shall for the purposes of a Tier 3 oil spill response, undertake such functions as specified under section 20 of this Act;
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.