WEST AFRICAN GAS PIPELINE PROJECT ACT

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LAWS OF THE FEDERATION OF NIGERIA

WEST AFRICAN GAS PIPELINE PROJECT ACT  2005

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EXPLANATORY MEMORANDUM

This Act provides for national legislation to implement the obligations of the Federal Republic of Nigeria under the WAGP Treaty and the International Project Agreement  of the West African Gas Project involving the Federal Republic of Nigeria and the Republics of Benin, Ghana and Togo.

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ARRANGEMENT OF SECTIONS

PART I-CORPORATE MATTERS

1. Local incorporation of the West African Pipeline Company, shippers, buyers and other persons, etc.
2. Registration as a foreign or external company, filing obligation, share transfers and charges.
3. Keeping of accounts and submission. of reports.

PART II- THE WAGP AUTHORITY·

4. Power of the WAGP Authority.
5. Steering Committee to perform initial functions.
6. Reporting and monitoring of the WAGP Authority.
7. Reliance on WAGP Authority actions and authorizations.
8. Government to be bound by the actions of the WAGP Authority.
9. Funding of the WAGP Authority.

PART III-LICENSING

10. Grant and conditions of pipeline licence.
11. Duration of the licence.
12. Mortgage of a licence.
13. Rights conferred  by licence.
14. Approval to operate.
15. No other licence required.
16. Electricity and telecommunications.
17. Transmission, export or import of natural gas.
18. Dealing in natural  gas by shippers and buyers,  etc.
19. Restrictions on transmission of natural gas during emergency period.

PART IV-WAGP REGULATIONS

20. Power of the Minister to make and implement the WAGP Regulations, etc.
21. Exclusive regulation of matters contained in the Second Schedule.
22. Power to amend and supplement.

PART V-FINANCIAL PROVISIONS

23. Agreed fiscal regime.
24. Non WAGP Regime.
25. Buyers, sellers, shippers and Project contractors.
26. Foreign currency and financial transactions.
27. Additional benefits and exemptions for Company.
28. Authority of the Nigerian National Petroleum Corporation.
29. Security and assets.
30. Performance guarantee.

31,     Waiver of immunity.

PART  VI-ENVIRONMENTAL  PROVISIONS

32. General environmental liability.
33. Exemption from liability for certain environmental damage.
34. Mitigation measures for certain environmental impacts existing before the commencement of the Project.

PART  VII-MISCELLANEOUS PROVISIONS

35. Empowerment to carry out the project.
36. Anti-trust provisions.
37. Ownership of pipeline system:
38. Insurance program.
39. Disapplication of other laws.
40. Inconsistency of this Act with other laws.
41. Interpretation.
42. Short Title.

SCHEDULES

FIRST SCHEDULE

SUPPLEMENTARY PROVISIONS RELATING TO AGREED FISCAL REGIME

SECOND SCHEDULE

SUBJECT MATTER OF THE WAGP REGULATIONS.

WEST AFRICAN GAS PIPELINE PR01Eer ACT, 2005

An Act to Provide for the Implementation of the Treaty on the West African Gas Pipe Line Project and International Project Agreement, and for Related Matters

PREAMBLES

Whereas [the] Federal Republic of Nigeria is a Party to the Treaty on the West African  Gas Pipeline” Project  (in this Act referred to as “the WAGP  Treaty”)  entered  into by the Republic of Benin,  the Republic of Ghana.  the Federal Republic of Nigeria  and the Republic  of Togo dated 31s1 January. 2003;

And whereas the Parties  to the WAGP  Treaty  entered into an International Project  Agreement with the West African Gas Pipeline Company Limited  pursuant to the provisions  of Article V II of the WAGP Treaty on 28th May, 2003;

And whereas the WAGP Treaty including the International Project Agreement has been ratified by Nigeria;

Now therefore, it is- Enacted by the National Assembly of the Federal  Republic of Nigeria –

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