Ghana: NPA Proposes Petroleum Downstream Tribunal Under New Bill

Ghana’s National Petroleum Authority (NPA) has proposed establishing a Petroleum Downstream Tribunal under a draft bill before Parliament.

Provisions in clauses 139 to 146 of the bill would empower the tribunal to hear appeals against decisions or orders issued by the authority, review matters relating to licences issued under the NPA Act and consider appeals against decisions of the authority’s Dispute Resolution Committee.

The tribunal would comprise a chairperson and two other members. The chairperson would be either a retired Supreme Court justice or a lawyer with at least 15 years’ standing and experience in the petroleum downstream industry, law and policy, regulation or arbitration.

The other two members would have knowledge and experience in the petroleum downstream industry, law, economics, business or public administration.

Members would serve three-year terms and be eligible for reappointment for one further term.

Under the bill, the NPA board would prepare proposed rules of procedure for the tribunal once the legislation takes effect. The rules would require approval by a panel of the tribunal convened for that purpose and would be published in the Gazette.

A person aggrieved by a decision of the NPA or its Dispute Resolution Committee could challenge it by submitting a notice of appeal to the tribunal in accordance with its rules of procedure.

A party dissatisfied with the tribunal’s decision could appeal to the Court of Appeal.