West African Gas Pipeline Regulations, 2005 (L.I. 1814).
14. PENALTIES Liability to penalties 14.1 The actions that will render any person, including the Company, liable to penalties imposed under these Regulations are: (a) A violation by that person of any of these Regulations; (b) Conspiring with or procuring any other person to violate these Regulations; (c) Obstructing, or aiding or abetting another person to obstruct, members of the Authority, its personnel or consultants engaged by the Authority from performing their duties under these Regulations or the International Project Agreement; or (d) Providing information that is required to be submitted under these Regulations knowing it to be false, or knowingly falsifying any documents submitted or issued under these Regulations. 14.2 In addition to the contraventions listed in Regulation 14.1, the Company will be liable to penalties under these Regulations if a Company Event of Default occurs in relation to the actions or omissions listed in Schedule 2. 14.3 If a person that has been engaged to operate or manage the Pipeline System on behalf of the Company is liable for penalties imposed under these Regulations, the Company may also be liable for penalties. 14.4 Where a corporation or other legal entity is the person in violation of the Regulations, the managing director or chief operating officer may be subject to the same penalties as the legal entity. 14.5 Each day that a violation of these Regulations continues shall constitute a separate violation; provided that if the violation in question is an event which does not continue or is a Company Event of Default that is not capable of remedy then only a single violation shall have occurred. 14.6 If a person is liable to a penalty hereunder in accordance with paragraphs (b), (c) or (d) of Regulation 14.1 then each act of conspiracy or event of obstruction, aiding, abetting or provision of false information or falsification of documents shall constitute a separate violation. 14.7 Subject to Regulation 14.8, if the Company is liable to a penalty under Regulation 14.2, then: (a) If the act or omission is capable of remedy, each day for which the act or omission in question continues shall render the Company liable to an additional penalty; and (b) If the act or omission is not capable of remedy, the Company shall be liable to a single penalty hereunder, 14.8 If the dispute resolution procedures in the International Project Agreement are invoked to determine whether the act or omission constitutes a Company Event of Default then for the purposes of Regulation 14.2 no penalty may be imposed on the Company until the final determination of the dispute. If the final outcome of the dispute resolution procedure is a finding that the act or omission in question was a Company Event of Default then penalties may be imposed with effect from the day on which the act or omission first occurred, and (in the case of an act or omission which continued and was capable of remedy) thereafter until the act or omission was remedied. Amount of penalties 14.9 The penalty which may be imposed pursuant to Regulation 14.1 is an amount not exceeding US$10,000.00 in respect of each separate violation. 14.10 The penalty which may be imposed pursuant to Regulation 14.2 is an amount not exceeding the greater of: (a) US$10,000.00 in respect of each separate violation; or (b) three times the monetary value to the Company of any gain made by the Company from committing the Company Event of Default which constituted the violation; provided that a penalty may only be imposed pursuant to this paragraph (b) once in respect of the gain made by the Company for each separate Company Event of Default irrespective of the period over which the Company Event of Default in question continued. 14.11 The maximum penalties stipulated under Regulations 14.9 and 14.10 are single penalties applicable to the entire Pipeline System and all of the States. Authority may impose penalties 14.12 The Authority may, if it is satisfied that the events referred to in Regulations 14.1 or 14.2 have occurred, following a hearing conducted in accordance with Regulation 14.13, impose penalties in accordance with Regulations 14.1 or 14.2. Hearing 14.13 If the Authority considers, or if a State asserts, that an event referred to in Regulations 14.1 or 14.2 has occurred, and for which a penalty should be assessed and imposed, it shall conduct a hearing in accordance with Regulation 15 for the purpose determining: (a) whether the evidence presented establishes that it is more probable than not that a violation has occurred; (b) the extent and duration of the violation; (c) the persons who are to be subject to penalties; and (d) the amount of the penalty that should be imposed for the violation. 14.14 A person charged with a violation may waive its right to a hearing, or its right to a hearing on whether or not a violation has occurred, and any person who does so shall have the fact that he waived his right to a hearing brought to account as a consideration in the setting of the penalty, if any, which is imposed. Defences 14.15 Where a person is charged under Regulation 14.4, it is a defence if the person charged establishes that it is more probable than not that: (a) The violation was committed without the person's knowledge, consent, or authority; and (b) The person exercised all due diligence which would reasonably be expected of a person in his position to prevent or stop the violation. Assessment of Penalties 14.16 Any penalty imposed by the Authority shall be proportional to the seriousness of the violation and history of offending. 14.17 The following matters shall be considered by the Authority and shall be relevant in determining the amount of any penalty imposed by the Authority; (a) That all or part of the requirement for a hearing was waived; (b) That the person charged co-operated in the investigation; (c) The likelihood of re-offending, including whether any individuals involved in the violation remain employed by the person charged and whether operating procedures have been changed to reduce such likelihood; (d) That the person charged establishes that he took all reasonable steps to comply with the Regulation in question; and (e) The practicality of complying with the Regulation in the circumstances of the contravention. Assessment of Costs 14.18 Where a violation of the Regulations is established, the Authority may in addition to penalties impose an order for payment of non-budgeted costs reasonably incurred by the Authority in conducting the hearing, provided that such costs shall not exceed ten per cent of the penalty imposed. Payment of penalties 14.19 A persons upon whom a penalty is imposed under these Regulations shall make payment thereof in US dollars into a Penalty Payment Account established by the Authority. 14.20 All amounts paid into the Penalty Payment Account shall following receipt thereof be paid to the consolidated revenue of each of the States in the Apportionment Percentages of each State as at the date of the event to which the penalty relates. 14.21 The Authority may make application to a court of competent jurisdiction in any of the States for such orders and other relief as are necessary to compel payment of penalties imposed under these Regulations. Payment of costs 14.22 Where the Authority imposes an order for payment of costs in accordance with Regulation 14.18, the person upon whom the costs order is imposed shall make payment thereof in US dollars into a Costs Account established by the Authority. 14.23 All amounts paid into the Costs Account may be retained by the Authority and used by it for the purposes of administering these Regulations. Appeals 14.24 A person found by the Authority to be in violation of these Regulations or upon whom a penalty is imposed under these Regulations shall have the right to have the decision of the Authority finding that person to be in violation or to impose a penalty reviewed by the Board of Governors or the WAGP Tribunal in accordance with the Rules of Procedure.
Subject : West African Gas PipelineProcedure to Follow
Not Avaiable
Responsible Institution
West African Gas Pipeline Company Limited (WAPCo)
Codemm House, Nii Nortei Nyanchi Street, West Airport
- Email: info@wagpco.com
- Website: https://www.wagpco.com/
- GPS:
- Telephone: 0302 740 190
Relevant Forms to Download
Not Available
Online System
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Fees/ charges
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