31 J.L. Pol'y & Globalization 1 (2014)

handle is hein.journals/jawpglob31 and id is 1 raw text is: 


Journal of Law, Policy and Globalization                                                    wwwiisteorg
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.31, 2014


A Survey of the Legal Framework for the Control of Oil and Gas

                    Pollution from Some Selected Countries*
                                    Amaka .G. Eze1' & Ted .C. Eze'2
          1. Department of International Law & Jurisprudence, Nnamdi Azikiwe University, Awka.
            2. Department of Commercial and Property Law, Anambra State University Igbariam
                                  * Email address: tedama7@yahoo.com
Abstract
This study undertakes a comparative study of the legal framework for environmental protection in some oil and
gas producing jurisdictions. Some jurisdictions were selected for this purpose. The legal framework for the
prevention and control of oil and gas pollution in these countries will be compared with the position in Nigeria.
The study aims at analyzing the efficacy or otherwise of the extant Nigerian statutory framework vis-a vis that of
some jurisdictions with respect to the control of oil and gas pollution .The study makes a case for an effective
and adequate comprehensive body of legislation to deal with oil and gas pollution as against the present situation
of fragmented and often conflicting laws that are unable to deal with the problem in Nigeria.
Keywords: Oil and Gas Pollution, Prevention and Control, Accross Countries of the World.

1. Introduction
1.1 Oil: The Dictionary of Geology, simply described oil as petroleum oil.1 The term oil in geological terms
therefore refers to petroleum oil and not any other form of oil. Petroleum has also been described as an organic
material which occurs naturally in green to black coloured mixtures of hydrocarbon oils found as seepages
beneath the earth crust and which could be obtained by boring into the earth crust2. Petroleum is formed beneath
the earth crust across countries of the world.
1. 1.2 Gas: has been defined as a combustible fluid from fuel or lighting. In a specialized sense, it has been
defined as a mixture of the low molecular weight paraffin series hydrocarbons methane, propane, and butane,
with small amount of higher hydrocarbons, also frequently containing small or large proportions of nitrogen,
carbon dioxide, and hydrogen sulphide, and occasionally small proportions of helium.4It has also been described
as natural hydrocarbon oils which are associated with the production of petroleum.5Gas as used in this thesis
refers to the combustible liquid hydrocarbon either occurring independently or in association with petroleum oil.
1.1.3 Pollution
Pollution has been defined as man made or aided alteration of chemical, physical6 or biological quality of the
environment to the extent that is detrimental to that environment or beyond acceptable limits. Pollution is
therefore a phenomenon that is adverse to the environment.
1.1.4 Oil and Gas Pollution
This describes the pollution of the environment occasioned by oil and gas prospecting and production.
1.1.5 Environment
The environment has been defined to include water, air, land and all plants and human beings or animals living
therein and the interrelationship which exist among these or any of them.7

2. A Summary of the Statutory Framework relevant to Environmental Protection in the Nigerian Oil and Gas
Sector.
Environment issues were not in the front burner of national debate before 1988. However, with the advert of
during of toxic waste in the Nigerian port town of Koko and with the public out cry that followed, concern about
the sustainability of the Nigerian environment became an issue of national discourse. The government of the
federation responded by enacting the Harmful Waste (Special Criminal Provision etc)Act,8 the Federal
Environmental Protection Act (FEPA)9 and the Environmental Impact Assessment Act,19all in the same year of



1 Dictionary of Geology, (New Delhi: Academic Publishers, 2006) P249
2 M.RM. Walker (ed) Chambers Dictionary of Science and Technology (New York: Chambers Harraps Publishers Ltd, 2002)
p. 806.
3 ibid, p. 493
4 op.ciI, fn 7,p.236.
5op. cit fn. 8, p.772.
6 section 41 of the FEPAAct, Cap F 10, LFN,2004
7 section 38 ibid
8 Cap HI, LFN, 2004
9 Cap F10 LFN,2004
10 Cap E 12 LFN, 2004

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