-as landmark ‘Oil Spill’ bill passed

GUYANA is expected to see the implementation of prevention, restorative and compensatory measures in relation to oil spill incidents as the landmark ‘oil spill’ bill was passed in the National Assembly on Friday.

 

The Oil Pollution Prevention, Preparedness, Response and Responsibility Bill, which was tabled in the House in April, was read for a second time during the 103rd Sitting of the Twelfth Parliament.

 

Prime Minister, Brigadier (Ret’d) Mark Phillips, who presented the Bill, indicated that it comes at a critical period in Guyana’s economic history, and is vital to safeguarding the country’s ecosystem from the effects of oil spills.

 

In light of this, he said that its passage is a proactive step in ensuring that a codified procedure and requisite guidelines are in place in the event of an oil spill.

 

As the country moves to enact the legislation, Phillips told the House that Guyana drew guidance from several other countries that have implemented similar legislation with much success; countries like the United States, the United Kingdom and Nigeria.

 

However, he stated that while Guyana has drawn lessons from global best practices, it is important to recognise that even those countries, despite having robust frameworks, have faced challenges in enforcement and real-time response.

“That is why, with the passage of this bill, Guyana is committed to building the necessary institutional capacity, ensuring adequate funding for emergency response, and strengthening independent oversight so that the legislation is powerfully enforced,” he said.

 

Further to this, PM Phillips went on to emphasise that the bill is a forward-looking one that responds to the increasing scale of petroleum operations and shipping activities within Guyana’s waterways.

 

Delving into specific sections of the legislation, the Prime Minister said that it includes an established incident command structure that will be activated in the event of a spill.

 

He noted that the Director-General of the Civil Defence Commission (CDC) is the National Incident Commander, and the Director of the Maritime Administration Department (MARAD), and the Chief Executive Officer of the Guyana Energy Agency (GEA) are the Deputy Incident Commanders for offshore and onshore oil spill incidents, respectively.

It also establishes the Coast Guard as the national response coordinator for any oil spill that may occur in the maritime domain, and the GEA as the coordinator for spills that may occur on land.

 

Meanwhile, several measures in the legislation are supported by placing obligations on responsible parties to ensure the necessary preparedness to enable effective prevention, removal, or mitigation of an oil spill incident.

 

PM Phillips further told the House, “I must underscore that the responsible parties are liable for all damages caused by an oil spill incident, removal costs and restoration of the environment, as far as practicable, as well as for any costs arising therefrom or connected therewith.”

This, he noted, reduces financial burdens on the government, as he indicated that even if the government or a third party expends funds to aid in the cleanup activity, funds are recoverable from the responsible party.

 

Added to this, another financial commitment for the parties is claims from persons affected by the oil spill incident. Claims, he said, are limited to one year after the discovery of the oil spill, and additionally, a Board of Inquiry will be established to evaluate claims, and make recommendations.

 

The PM added that the responsible party is required to provide and maintain financial assurance that satisfies the competent national authority. As such, any responsible party that fails to comply with the provisions of the legislation can face as much as a $2 billion fine.

PREPARING FOR EVENTUALITIES

 

Meanwhile, in his contribution to the debate, Minister of Natural Resources Vickram Bharrat stated that the bill clearly enhances Guyana’s reputation as an oil-producing country that is building out a world-class framework, and ensures that it is prepared for any eventualities.

 

Indicating that the bill being passed caters for the eventualities of an oil spill, he noted that there are a number of measures that are mentioned therein to foster prevention.

 

Further to this, Minister within the Ministry of Public Works Deodat Indar also highlighted that this serves as part of the government’s move to ensure that the necessary legislation across a broad sphere is enacted in the country.

 

The bill, Minister Indar noted is nothing new, but it brings further protection for the country in the event of an oil spill incident.

 

Providing a further breakdown of the legislation, Attorney-General and Minister of Legal Affairs, Anil Nandlall told the House that it joins a list of equally fundamental pieces of legislation, including the Natural Resource Fund Act and the Petroleum Activities Act among others.

 

However, seeking to clarify misconceptions and misunderstandings about sections of the legislation by members of the Opposition, Minister Nandlall pointed them to the definition section of the bill which, in the most expansive way, defines key terminologies.

 

Sections of the legislation, the attorney-general said, mandates transparency and public information, in that the CDC must ensure that information in the event of an oil spill and the response is made available to the public in a timely manner.

 

“This is vital for public safety and maintenance of trust. So, right here, you will have to do this; here, we are putting it in the law,” the Attorney-General said, adding:

 

“Normally, it is in the policy of a country; here, we are putting it in the law. In part, it is the legal obligation of the CDC to keep the nation informed about the oil spill, or what the responses are.”

 

In the event of damage to the environment, Nandlall told the Assembly that that responsible person or entity is obliged to take all required restoration measures, in accordance with the EPA’s guidance and the Environmental Protection Act.

 

This, he said, means the polluter must clean up, but also help rehabilitate or compensate for damage to wildlife habitats and ecosystems.

 

“If mangroves, coral reefs, fisheries, or other natural resources have been harmed, the polluter must fund and facilitate efforts to return them to health by codifying post-skilled environment recovery,” Nandlall added.

 

Providing further clarity on the timeframe for filing a claim, the legal affairs minister stated that a claim shall not be filed later than one year after the discovery of the incident, or the discovery of the damage arising from the incident.

 

However, he said that this means, “This bill says may be filed not later than one year after the discovery… so you can discover this thing (damage) ten years after the incident. The damage that you suffered can occur ten years after the spill, but when you discover it, you have one year to file it.”

 

Further to this, he explained that this does not affect a person’s right, to an extent, to go to court, and as such, there are ordinary laws of the land which point out how many years one has to bring a case of negligence.

 

Meanwhile, the attorney-general noted that this is one of Guyana’s landmark pieces of legislation that is being passed, and as such will go down in history joining a list of equally fundamental pieces of legislation.