Decree n°16/010 - Hydrocarbons Regulations

This law states that activities from the hydrocarbon sector shall be carried out only after due authorisation from the Hydrocarbons Ministry. It outlines local content requirements as well as Health, Safety and Environmental (HSE) prescriptions. It refers to the National Hydrocarbons Society, giving it the responsibility of participating in petroleum developments in the country.

 

Furthermore, the regulation requires oil and gas developments to undergo environmental impact assessments. The associated environmental and social impact study should conform to terms of reference prepared by the Congolese Environmental Agency and include a social and environmental management plan. Operations are also required to be audited regularly, communicating any non-conformity identified and carrying out corrective measures necessary. Additionally, they must have a functional waste management plan, whereby any gaseous emission is considered a waste, and undertake pollution control.

 

The decree outlines inspection powers, pertaining sanctions, information and reporting requirements, and has provisions with regards to applicable royalties and pricing of petroleum products. Of note, there is a provision for mandatory financial contributions to social and sustainable development projects as well as HSE education for the workforce.

 

Gas flaring can only be performed upon authorisation, within a specified period, due to exceptional conditions or in case of urgency, so long as it is limited to the minimal amount necessary.

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