National Environment (Oil Spill Prevention, Preparedness and Response) Regulations

The following persons have a duty to prevent an oil spill-

Notwithstanding subregulation (1). the Authority may require any other person to be responsible for prevention of an oil spill. (3) The person referred to under subregulation (1) or (2) shall ensure that any person earning out work on their behalf, either personally or as an employee, contractor or subcontractor, prevents oil spill.

The persons responsible under this regulation are liable for harm caused to human health or the environment, regardless of fault.

Notwithstanding subregulation (1). the Authority may require any other person whose activity is referred to in regulation 5(2) to establish and maintain an oil spill preparedness and response system.

The person referred to under regulation 7 shall provide to the local government and local community where the facility is located or II an activity is being undertaken-

The information provided under subregulation (1) shall- I

The oil spill preparedness and response system referred to in these Regulations shall be outlined in a contingency plan and shall be based on- (a) an environmental risk assessment undertaken in accordance with section 114(2) of the Act and regulation 13; (b) a contingency analysis undertaken in accordance with regulation 15: (c) the tier structure for oil spill preparedness and response outlined in regulation 12: and (d) best petroleum industry practice, in the case of a person referred to in regulation 7.

The oil spill preparedness and response system shall form part of the overall emergency preparedness and response system of the person referred to in regulation 7 or lead agency referred to in regulation 8. (3) For the purposes of this regulation, ''best petroleum industry practices" means the use of what is accepted to be the best available practices that are generally accepted as good. safe, transparent and efficient in the management of an oil spill and that can be applied globally under similar circumstances.

A person required to have an oil spill preparedness and response system under regulation 7 or regulation 8 shall undertake an environmental risk assessment. (2) The environmental risk assessment undertaken under subregulation (1) shall take into account- (a) the location of a facility or operations; (b) the nature of operations; (c) the likelihood of occurrence of an oil spill; (d) the potential volume of oil release and discharge rates; (e) the oil type and behaviour of the oil once spilled, including by spread or weathering; I (D the prevailing environmental conditions; ! (g) the sensitivity of the environment; (h) the exposure and vulnerability of communities neighbouring the oil facilities; (i) the likely impact of an oil spill on land use of adjacent areas; and (j) other likely consequences of an oil spill and proposed mitigation measures.

An environmental risk assessment shall, in accordance with section 114(3) of the Act, include- (a) hazard identification; (b) vulnerability analysis; (c) risk analysis; and (d) scenarios for the oil spill contingency analysis and proposed response action.

The response action referred under subregulation (3)(d) shall include proposed mechanical and non-mechanical response tactics.

An environmental risk assessment shall take into account the provisions of the Act and - (a) the Occupational Safety and Health Act, 2006; (b) the National Environment (Environmental and Social Assessment) Regulations, 2020; (c) the Petroleum (Exploration. Development and Production) (Health, Safety and Environment) Regulations, 2016; (d) the Petroleum (Refining, Conversion, Transmission and Midstream Storage) (Health, Safety and Environment) Regulations, 2016; and (e) any other applicable law.

The person required to undertake an environmental risk assessment in accordance with these Regulations, shall submit a hard copy and an electronic copy of a complete environmental risk assessment report to the Authority and the relevant lead agency, upon request.

After the initial environmental risk assessment, the person required to undertake the environmental risk assessment shall, regularly or whenever need arises, conduct subsequent environmental risk assessments or update the initial environmental risk assessment.

The Authority may require a person referred to under .. regulation 13(1) to submit an environmental risk assessment as part of an environmental and social impact statement provided for under section i 114(1) of the Act and regulation 18(5) of the National Environment i (Environmental and Social Assessment) Regulations, 2020.

The person required to undertake an environmental risk assessment under regulation 13 shall use the environmental risk assessment to undertake an oil spill contingency analysis.

The oil spill contingency analysis undertaken under this regulation shall include- (a) scenario assessment for hazards and risks defined in the environmental risk assessment; (b) response analysis for the scenarios; (c) response requirements, including equipment, human resource capabilities, training, drills and exercises, cooperation and agreements with other oil spill responders; (d) an evaluation of performance requirements for the oil spill preparedness and response; (e) recommendations for oil spill preparedness and response measures; and (0 any other relevant information.

The person required to establish an oil spill preparedness and response system under regulation 7 or 8 shall prepare an oil spill contingency plan, based on the results of the environmental risk assessment and oil spill contingency analysis undertaken in accordance with these Regulations.

The oil spill contingency plan referred to in subregulation (1) shall contain, as applicable-

The person required to establish an oil spill preparedness and response system under regulation 7 or regulation 8 shall, within 3 months before commencement of operations of a project, submit an oil spill contingency plan to the Authority and the Competent National Authority for review and comment.

The person referred to under subregulation (1) may, in submitting the oil spill contingency plan and with detailed analysis of non-mechanical response tactical options, seek approval of the Authority for use of appropriate non-mechanical response tactics indicated in the contingency plan.

The Authority shall, within seven days of receipt of the oil spill contingency plan submitted in accordance with regulation 17, transmit the oil spill contingency plan to the relevant lead agency for review and comment.

The Competent National Authority receiving a copy of the oil spill contingency plan under regulation 17(1) and the lead agency consulted under subregulation (1) shall review the oil spill contingency plan-

The Competent National Authority and the lead agency referred to under subregulation (2), shall submit comments to the Authority within twenty one days of receipt of the oil spill contingency plan or such lesser period as the Authority may specify in writing.

The Authority shall- (a) make comments on the oil spill contingency plan, taking into account the factors referred to in subregulation 18(2); (b) consolidate the comments and recommendations obtained from consultations with the Competent National Authority and a relevant lead agency under regulation 18; (c) transmit the comments to the person required to establish an oil spill preparedness and response system under regulation 7 or regulation 8; and (d) advise on recommended and required actions.

The Authority may, in consultation with the Competent National Authority and any other relevant lead agency, grant prior authorisation of appropriate non-mechanical response tactics requested under regulation 17(2), after consideration of the advice given under regulation 18(2).

The health, safety and security plan referred to under regulation 16(2)(e) shall comply with the Occupational Safety and Health Act, 2006 and any other applicable law, to ensure the health, safety and security of persons involved in the response operations, including persons and property likely to be affected by the oil spill.

The health, safety and security plan shall, as a minimum contain- (a) a description of the health, safety and security response command structure, including address, job title and 24- hour telephone contact of the person responsible for the health, safety and security plan; (b) operational safety procedures, including safety zones and access control; (c) procedures for hazard assessment for personnel involved in oil spill response operation; (d) procedures for exposure monitoring and environmental sampling; (e) requirements for personal protective equipment; (0 requirements of security of persons and property; (g) an instruction manual; (h) decontamination procedures; 1 (i) a plan for evacuation; and ! ' 0) arrangements for first aid and medical services.

The oil spill response strategy referred to in regulation 16(2)(1) shall be designed to achieve specific response objectives and include incident specific tactics to be used to minimise risk of harm to human health and the environment.

The response strategy referred to in subregulation (1) shall be based on the environmental risk assessment and the oil spill contingency analysis and shall cover the duration of a response, taking into account measures for- 7332 ■ = E

The resources required to implement the oil spill response strategies shall be identified in accordance with the oil spill contingency plan and measures taken to ensure resource availability within the specified timeframes.

Response strategies shall be evaluated through the planning process, training, drills, exercises and records.

A person required to have an oil spill preparedness and response system, shall, where an oil spill to the magnitude of at least 5 barrels or equivalent occurs or where there is imminent threat of an oil spill, immediately and in any case not later than 30 minutes of occurrence or known threat of occurrence of an oil spill, notify the Competent National Authority and the relevant local government by telephone or any other convenient means of communication.

Where there is an oil spill emanating from petroleum supply operations and other operations or facilities not covered by the Petroleum (Exploration, Development and Production) Act. 2013 or the Petroleum (Refining. Conversion, Transmission and Midstream Storage) Act. 2013. the person referred under subregulation (1) shall notify the relevant lead agency.

The person referred to in subregulation (1) shall, within twenty four hours of an oil spill, send a subsequent notification to the Competent National Authority or in the case of an oil spill emanating from operations or facilities referred to in subregulation (2), to the lead agency referred to in regulation 41(1).

The notification referred to in subregulation (3) shall be in the format set out in Schedule 2 to these Regulations.

The person referred to in subregulation (1) shall not delay notification by reason of undertaking initial oil spill response actions or confirming full details of the oil spill.

Notwithstanding subregulation (1), any other person who discovers an oil spill or an imminent threat of oil spill shall, within twenty four hours of an oil spill or discovery of imminent threat, notify the police and where possible, the Competent National Authority.

Where the police is notified under subregulation (6), they shall, within twenty four hours of receipt of notification, transmit the information to the Competent National Authority, the lead agency referred to in regulation 41(1) in events under regulation 26(2) and the relevant local government. *

Where the Competent National Authority or lead agency £ is notified under this regulation, it shall immediately evaluate the potential of the oil spill and as appropriate, where assistance is required to respond to an oil spill- (a) in the case of the Competent National Authority, notify the Office of the Prime Minister, the Authority and any other relevant authority; or (b) in the case of a lead agency referred to in regulation 41(1), notify the Authority.

The person required to have an oil spill preparedness and response system shall send an update to the Competent National Authority or lead agency referred to in regulation 41(1) in events under regulation 26(2), where-

The person referred to in subregulation (1) shall in addition, in respect to oil spills on water bodies, send frequent updates in intervals of not more than one hour, to the Competent National Authority or the lead agency referred to in regulation 41(1) regarding estimates of the oil spill volumes, including the volume of oil at immediate risk of spilling.

When an oil spill occurs, the person responsible for the oil spill preparedness and response system shall immediately activate the response in accordance with the Act, these Regulations and the oil spill contingency plan prepared under regulation 16.

The person referred to in subregulation (I) shall, in activating the response, apply the response tactics in regulation 30 and- (a) notify the Competent National Authority or the lead agency referred to in regulation 41(1) in accordance with regulation 26; (b) determine the volume and type of oil spilled; (c) immediately contain or stop the continuation of the flow of the oil spill, as appropriate; (d) develop an incident action plan; (e) mobilise resources, including external assistance and where applicable, resources from service providers referred to in regulation 29; (0 track, monitor and carry out surveillance of the oil spill; (g) carry out oil spill modelling; (h) initiate clean-up, remediation and restoration operations on land and water bodies; (i) initiate waste management, including decontamination of equipment and personal protective equipment; G) coordinate with the Competent National Authority or the lead agency referred to in regulation 41(1), including a local government; and I (k) keep appropriate records in accordance with regulation 33.

During an oil spill response operation led by a lead agency, the lead agency may request a person required to have an oil spill preparedness and response system under regulation 7 to provide assistance, including response resources.

During an oil spill response operation, the responsible persons shall use mechanical response as the primary7 oil spill response tactic, in accordance with these Regulations and the National Oil Spill Contingency Plan.

Where the person responsible for an oil spill response wishes to use non-mechanical response as a secondary' oil spill response tactic, that person shall before using the choice non-mechanical response I I meansr (a) obtain prior authorisation as part of the contingency planning under regulation 19(2); and (b) obtain written approval of the Authority.

On receipt of a request for approval of use of non-mechanical response means referred to under subregulation (2)(b), the Authority shall immediately consult the Competent National Authority and in the case of an oil spill emanating from petroleum supply operations and other operations or facilities not covered by the Petroleum (Exploration. Development and Production) Act. 2013 or the Petroleum (Refining. Conversion. Transmission and Midstream Storage) Act, 2013, the lead ■ agency referred to in regulation 41(1).

The Authority may, after the consultations referred to in subregulation (3), approve the use of non-mechanical response means for an oil spill.

The decision of the Authority taken after consultations under subregulation (4), shall be made and communicated within twenty four hours of the request.

Use of dispersants to respond to an oil spill in the waters or other environment of Uganda is prohibited except as the last and only viable option and in exceptional circumstances determined by the Authority in consultation with the Competent National Authority and other relevant lead agency.

In determining whether use of dispersants should be permitted under subregulation (6), the Authority shall satisfy itself that- (a) the dispersant is not globally banned; (b) the dispersant is appropriate for use on freshwater resources: and (b) the dispersant poses no significant harm to human health or the environment.

The decision of the Authority made under subregulation (7) does not absolve the person who uses the dispersant from liability in the event of harm to human health, freshwater resources or other environment.

The use of dispersants under these Regulations shall be in accordance with guidelines developed by the Authority in consultation with the Competent National Authority and any other relevant lead agency.

A person required to have an oil spill preparedness and response system shall ensure that records of all response operations are documented and maintained, including- (a) oil spill response operation log; I' (b) minutes of meetings; (c) extent of harm to human health or damage to the environment and property; (d) amount of oil recovered; (e) response methods used; (0 the type and amount of waste generated and how it is managed; (g) list ofresponse resources, including personnel and equipment used; (h) injuries and fatalities; (>) external assistance, if any; and (j) post spill assessment, aftercare and monitoring of areas affected by an oil spill.

The records, including electronic records, kept under subregulation (1) shall be made available to the Office of the Prime Minister, the Competent National Authority, the Authority and a relevant lead agency upon request.

A person required to have an oil spill preparedness and response system shall prepare a final report after the closure of oil spill response operations.

The report referred to in subregulation (1) shall contain- (a) the name and address of the person responsible for the oil spill; (b) the nature of activities or operations; (c) the date and time of the oil spill; (d) the cause of the oil spill, if known; (e) the location of the oil spill;

the impact of oil spill on human health, the environment and socio-economic activities;

A person referred to in subregulation (1) shall, within thirty days from the date of closure of the oil spill response operations or such other period as the Authority. Competent National Authority or the lead agency referred to in regulation 41(1) shall authorise, submit a hard and electronic copy of the report to the Authority, Competent National Authority and the lead agency referred to in regulation 41(1) for review and appropriate action.

The Authority, Competent National Authority or the lead agency referred to in regulation 41(1) shall submit hard and electronic copies of the reports submitted to it under subregulation (3) to the Office of the Prime Minister, upon request.

Aperson required to have an oil spill preparedness and response system shall, after closure of the oil spill response operations, carry out a post spill assessment, aftercare and monitoring in accordance with the regulation 16(2)(r) or as required by the Authority, the Competent i National Authority or any other relevant lead agency. i I (2) The Competent National Authority or the lead agency referred to in regulation 41(1) may. in consultation with the Authority, commission an independent investigation into the oil spill.

The Competent National Authority may, in accordance with section 93(4) of the Act, determine whether the Government should take over the command of an oil spill response operation.

The Competent National Authority shall, in determining whether the Government should take over the command of an oil spill response operation, evaluate the situation and consider-

any other issues that the Competent National Authority ! may deem necessary.

Where the Competent National Authority determines that Government shall take over the command of an oil spill operation under subregulation (1), the Competent National Authority shall communicate to the Office of the Prime Minister.

The Office of the Prime Minister shall ensure that the National Emergency Coordination and Operations Centre referred to in regulation 40 immediately activates the national oil spill response under the National Oil Spill Contingency Plan.

The Office of the Prime Minister may. in consultation with the Competent National Authority during an event of oil spill, require a person with a duty to establish an emergency response system or a lead agency, to provide assistance, including equipment and personnel, to respond to the oil spill.

Where Government involvement in oil spill response is required, whether to take over the command of an oil spill response operation or to provide assistance, the Government shall ensure that adequate oil spill response resources can be mobilised to respond and may- (a) require resources belonging to operators and local governments to be available: and (b) request regional and international assistance to manage the impacts that are perceived to be wide-reaching, and of national or international significance.

Where Government takes over an oil spill response operation, post spill monitoring shall be done by the Competent National Authority in cooperation with the Authority, the lead agency referred to in regulation 41(1) and the Office of the Prime Minister.

For purposes of this regulation, a ''Ramsar site'* means a wetland of international significance in terms of ecology, botany, zoology, limnology or hydrology under the Ramsar Convention on Wetlands of International Importance especially as Waterfowl Habitat (Ramsar Convention. 1975).

The Office of the Prime Minister shall, in accordance with the Act and these Regulations- (a) coordinate the implementation of the National Oil Spill Contingency Plan;

The Office of the Prime Minister may. in accordance with applicable law. give such direction to any lead agency as may be necessary for national oil spill preparedness and response.

The Office of the Prime Minister shall, in the performance of its functions under these Regulations and the National Oil Spill Contingency Plan, collaborate with the Competent National Authority, the Authority and relevant lead agencies.

The Competent National Authority designated under section 93(3) of the Act and referred to in these Regulations shall- (a) in liaison with the Office of the Prime Minister and the Authority, be responsible for national oil spill prevention, preparedness and response; (b) establish specific standard operating procedures for the management of oil spill incident response where the Government takes over the management of the oil spill response or provides assistance; (c) ensure the timeliness and operability of the National Oil Spill Contingency Plan; (d) receive notification of oil spills, evaluate the potential of the oil spill and notify the Office of the Prime Minister, the Authority and relevant lead agency; (e) in liaison with National Emergency Coordination and Operation Centre-

Where the Competent National Authority receives frequent updates regarding oil spills on water bodies in accordance with regulation 27(2). it shall immediately notify the Office of the Prime Minister, the Authority and relevant lead agency for collaborative response action.

The Competent National Authority shall, in the performance of its functions under these Regulations and the National Oil Spill Contingency Plan, liaise with the office of the Prime Minister, the Authority and relevant lead agencies.

The National Emergency Coordination and Operations Centre shall, in collaboration with the Authority and the Competent National Authority, be responsible for- (a) the command of a national oil spill response in accordance with regulation 37(4). including coordinating national oil spill response activities in accordance with the Act and these Regulations; (b) establishing the Incident Command Structure for national oil spill response: (c) developing, implementing and evaluating a national oil spill incident action plan; (d) adequate preparation of the Centre for oil spill response, including by training, drills and exercises: (e) ensuring efficient utilisation of available response resources and the functioning of response equipment:

The National Emergency Coordination and Operations Centre shall participate in training, drills and exercises organised by the Competent National Authority in accordance with Part VI. (4) The Office of the Prime Minister shall, during oil spill response operations, ensure that the Competent National Authority, the Authority and relevant lead agencies and operators form part of the incident command structure in the National Emergency Coordination and Operations Centre. (5) The Office of the Prime Minister may co-opt any institution, agency or individuals with expertise, competence and other capabilities relevant to national oil spill preparedness and response.

The lead agency referred to under subregulation (1) shall for the purpose of responding to tier 3 oil spills from the sector, inform the Competent National Authority and the Authority of the gravity of the oil spill and the need for national oil spill response.

On receipt of the information referred to in subregulation (2), the Competent National Authority may. in consultation with the Authority, request the Office of the Prime Minister to take over command of the oil spill response operations in accordance with these Regulations.

The person required to have an oil spill preparedness and response system, the Competent National Authority and the lead agency referred to in regulation 41(1). shall ensure that personnel that may be involved in an oil spill response operation are trained and are competent.

The training referred to in subregulation (1) shall be appropriate to the responsibility assigned in the oil spill contingency plan to ensure that the personnel are able to conduct oil spill response operations in an efficient and timely manner.

The training under this regulation shall be designed to ensure a high level of preparedness and to build competence.

The person required to have an oil spill preparedness and response system shall, before the 31st January of each year, submit to the Competent National Authority an annual training programme.

The Competent National Authority or the lead agency referred to in regulation 41(1) may. in collaboration with the Authority, require the person required to have an oil spill preparedness and response system to allow authorised persons to take part in the trainings conducted under this regulation.

The Office of the Prime Minister shall, in collaboration with the Authority. Competent National Authority' and the lead agency referred to in regulation 41 (1). organise training programmes for their respective employees and the employees of lead agencies that will form part of the incident command structure referred to in regulation 40(4).

The person required to have an oil spill preparedness and response system shall develop a programme for oil spill preparedness and response drills and exercises in accordance with the oil spill I i contingency plan prepared under regulation 16.

The programmes developed under subregulations (1) and (2) shall include- (a) planning drills: (b) table-top exercises: (c) notification exercises, conducted at least once every twelve months: (d) equipment mobilisation drills: (e) incident control drills, conducted to simulate different aspects of an oil spill incident: and (D full scale oil spill response exercises, including mobilisation of resources.

The person referred to in subregulation (1). the Competent National Authority and the lead agency referred to in regulation 41(1)- (i) may conduct any of the drills and exercises in subregulation (3) as may be necessary: and

The Competent National Authority and the lead agency referred to in regulation 41(1). may require the person conducting a drill or exercise to demonstrate that the recommendations from a drill or an exercise have been evaluated and addressed.

The person required to have an oil spill preparedness and response system shall, before the 31M January of each year, submit to the Competent National Authority, the lead agency referred to in regulation 41(1) and the Authority an annual drills and exercise programme.

The Competent National Authority and the lead agency referred to in regulation 41(1) may. in collaboration with the Authority, require the person required to have an oil spill preparedness and response system to allow authorised persons to participate in the oil spill response drills and exercises.

The Competent National Authority and the lead agency referred to in regulation 41(1) shall, in collaboration with the Office of the Prime Minister and the Authority and as appropriate, organise drills and exercise programmes for their respective employees and the employees of relevant lead agencies.

A person required to have an oil spill preparedness and response system who undertakes training, drills or exercises referred to in regulations 41 and 42 shall keep records and documentation relating to the training, drills and exercises.

The records and documentation referred to in subregulation (1) shall be made available to the Office of the Prime Minister, the Competent National Authority, the lead agency referred to in regulation 41(1) and the Authority upon request.

A person required to have an oil spill preparedness and response system under these Regulations who- (a) fails to develop or maintain an oil spill contingency plan in accordance with these Regulations; (b) fails to comply with directives of the Authority; ! (b) causes or colludes in causing an oil spill; (c) refuses to cooperate with other operators to manage tier 2 oil spills or during national oil spill response operations; or (d) uses dispersants during oil spill response in a manner contrary to these Regulations, commits an offence and is liable, on conviction, to a fine not exceeding fifty thousand currency points or imprisonment not exceeding ten years or both.

A person required to have an oil spill preparedness and response system under these Regulations who fails to undertake training, drills and exercises for oil spill preparedness and response commits an offence and is liable, on conviction, to a fine not exceeding thirty thousand currency points or imprisonment not exceeding seven years or both.

A person who tampers with or destroys installations which act may lead to an oil spill, commits an offence and is liable, on conviction, to a fine not exceeding fifty thousand currency points or imprisonment not exceeding ten years or both.

Subject to the Constitution and Access to Information Act, 2005, environmental risk assessment, the oil spill contingency analysis and the oil spill contingency plan undertaken in accordance with these Regulations shall be public documents.

Subject to section 146 of the Act, a person who wishes to access the documents described in subregulation (1) shall apply to the licensee, operator or lead agency that has the information and pay the prescribed fee.

The Office of the Prime Minister, the Competent National Authority, the Authority or relevant lead agency shall make available to the public a copy of the National Oil Spill Contingency Plan.

The person referred to in regulation 7 shall make available to the public a copy of their oil spill contingency plan.