National Environment (Oil Spill Prevention, Preparedness and Response) Regulations, 2020.
Country
Type of law
Regulation
Abstract
These regulations are organized in eight parts, 48 articles and two Schedules. The first, preliminary part, is mainly dedicated to the definition of the application of the text to activities that may lead to oil spill, including petroleum activities under the Petroleum (Exploration, Development and Production) Act, 2013, midstream operations under the Petroleum (Refining, Conversion, Transmission and Midstream Storage) Act, 2013 and activities under the Petroleum Supply Act, 2003; any other generation, storage, transportation, distribution, use or disposal of petroleum products and used oil; any other activity that may result in an oil spill incident. It also establishes the responsibilities of the National Environment Management Authority in accordance with the National Environment Act, 2019.
The second part is dedicated to the oil spill prevention: the duty to prevent oil spills as well as measures to adopt to do so.
The third part provides for oil spill preparedness. It regulates the preparedness response system, to be adopted in accordance with these regulations and section 89 of the National Environment Act, 2019 (this may include, where the Authority deems it necessary, the membership with suitable tier 3 oil spill equipment service providers that can mobilize equipment into Uganda within the shortest time possible after the occurrence of an oil spill). This section also foresees the information to be provided to the local government and local community regarding facilities which may occasion an oil spill. It further sets up the tiers Structure for Oil Spill Preparedness and Response: tier 1 basically concerning minor impact oil spills resulting from routine operations; tier 2 for oil spills characterized by a higher severity, occurring in sensitive areas, protected areas and fragile eco systems; tier 3 for oil spills arising where they may cause major consequences, including potential transboundary impacts. A person required to have an oil spill preparedness and response system is also required to undertake an environmental risk assessment, which he will use to undertake an oil spill contingency analysis: based on the results of both, he shall prepare an oil spill contingency plan containing any information that may be deemed necessary with regards to the response in case of oil spill (including a health, safety and security plan for people involved in the response operations; a oil spill response strategy designed to to minimize risk of harm to human health and the environment; a waste management strategy; procedures for post spill assessment, aftercare and monitoring of areas affected by an oil spill).
Part four is dedicated to the oil spill response. It regulates the notification of oil spills; the oil spill status updates further the initial notification; the activation, the person responsible for the oil spill preparedness and response system, of a response to an oil spill; the mobilization of resources in an oil spill response; the response tactics; the management of waste generated during oil spill response operations; the health, safety and security matters to be ensured during the response operations; the record keeping of all response operations; the final report to be prepared after oil spill response operations; the post spill assessment, aftercare and monitoring.
Part five provides for a National Oil Spill Contingency Plan established under section 93 of the National Environment Act, 2019. It establishes a coordination mechanism for preparedness and response to oil spills by the licensees, lead agencies and other stakeholders. The Government can, in some circumstances, take over the command of an oil spill response operation. This part also provides for institutional arrangements (the functions of the Office of the Prime Minister, of the Competent National Authority, of the National Emergency Coordination and Operation Centre, of the lead agency responsible for petroleum supply operations).
Part six is dedicated to provisions concerning Oil spill preparedness and response training, drills and exercises.
Part seven identifies offences arising out of these regulations and sets relevant penalties. Part eight covers general issues and the document is terminated by the two Schedules regarding currency and providing for the Oil spill notification form to be used to notify the accident to The Petroleum Authority of Uganda.
The second part is dedicated to the oil spill prevention: the duty to prevent oil spills as well as measures to adopt to do so.
The third part provides for oil spill preparedness. It regulates the preparedness response system, to be adopted in accordance with these regulations and section 89 of the National Environment Act, 2019 (this may include, where the Authority deems it necessary, the membership with suitable tier 3 oil spill equipment service providers that can mobilize equipment into Uganda within the shortest time possible after the occurrence of an oil spill). This section also foresees the information to be provided to the local government and local community regarding facilities which may occasion an oil spill. It further sets up the tiers Structure for Oil Spill Preparedness and Response: tier 1 basically concerning minor impact oil spills resulting from routine operations; tier 2 for oil spills characterized by a higher severity, occurring in sensitive areas, protected areas and fragile eco systems; tier 3 for oil spills arising where they may cause major consequences, including potential transboundary impacts. A person required to have an oil spill preparedness and response system is also required to undertake an environmental risk assessment, which he will use to undertake an oil spill contingency analysis: based on the results of both, he shall prepare an oil spill contingency plan containing any information that may be deemed necessary with regards to the response in case of oil spill (including a health, safety and security plan for people involved in the response operations; a oil spill response strategy designed to to minimize risk of harm to human health and the environment; a waste management strategy; procedures for post spill assessment, aftercare and monitoring of areas affected by an oil spill).
Part four is dedicated to the oil spill response. It regulates the notification of oil spills; the oil spill status updates further the initial notification; the activation, the person responsible for the oil spill preparedness and response system, of a response to an oil spill; the mobilization of resources in an oil spill response; the response tactics; the management of waste generated during oil spill response operations; the health, safety and security matters to be ensured during the response operations; the record keeping of all response operations; the final report to be prepared after oil spill response operations; the post spill assessment, aftercare and monitoring.
Part five provides for a National Oil Spill Contingency Plan established under section 93 of the National Environment Act, 2019. It establishes a coordination mechanism for preparedness and response to oil spills by the licensees, lead agencies and other stakeholders. The Government can, in some circumstances, take over the command of an oil spill response operation. This part also provides for institutional arrangements (the functions of the Office of the Prime Minister, of the Competent National Authority, of the National Emergency Coordination and Operation Centre, of the lead agency responsible for petroleum supply operations).
Part six is dedicated to provisions concerning Oil spill preparedness and response training, drills and exercises.
Part seven identifies offences arising out of these regulations and sets relevant penalties. Part eight covers general issues and the document is terminated by the two Schedules regarding currency and providing for the Oil spill notification form to be used to notify the accident to The Petroleum Authority of Uganda.
Attached files
Web site
Date of text
Repealed
No
Publication reference
STATUTORY INSTRUMENTS SUPPLEMENT - published on June 2020
Source language
English
Legislation Amendment
No