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Petroleum (Amendment) Act 1996

PAPUA NEW GUINEA


Petroleum (Amendment) Act 1996


No. 54 of 1996
Certified on: 08.01.97


ARRANGEMENT OF SECTIONS.

1. Compliance with Constitutional requirements.
2. Interpretation -

"gas agreement"
"gas field"
"gas project"
"licence"
"month"
"petroleum retention licence"

3. Issue of licences (Amendment of Section 16).
4. Repeal and replacement of Section 24.
5. New Division III.3B.

"Division 3B. - Petroleum Retention Licences.
"31B. APPLICATION BY PETROLEUM PROSPECTING LICENSEE FOR PETROLEUM RETENTION LICENCE."
"31C. APPLICATION FOR PETROLEUM RETENTION LICENCE."
"31D. NOTIFICATION OF GRANT PETROLEUM DEVELOPMENT RETENTION LICENCE."
"31E. GRANT OF PETROLEUM RETENTION LICENCE."
"31F. VARIATION OF PETROLEUM RETENTION LICENCE AREA."
"31G. RIGHTS CONFERRED BY PETROLEUM RETENTION LICENCE."
"31H. TERM OF PETROLEUM RETENTION LICENCE."
"31I. APPLICATION FOR EXTENSION OF PETROLEUM RETENTION LICENCE."
"31J. GRANT OR REFUSAL OF EXTENSION OF PETROLEUM RETENTION LICENCE."
"31K. CONDITIONS OF PETROLEUM RETENTION LICENCE."

6. Application by petroleum prospecting licensee for petroleum development licence (Amendment of Section 32).
7. Grants of petroleum development licence (Amendment of Section 35).
8. Variation of petroleum development licence area (Amendment of Section 36).
9. Revocation of declaration of location (Amendment of Section 37).
10. Application for extension of petroleum development licence (Amendment of Section 40).
11. Directions as to recovery of petroleum (Amendment of Section 44).
12. Rights of licensees in respect of land and property (Amendment of Section 74).
13. Exemption, variations, etc., (Amendment of Section 95).
14. Prevention from carrying on prospecting operations (Amendment of Section 96).
15. Fees, etc., (Amendment of Section 116).
16. Determination of value of petroleum (Amendment of Section 117).
17. Royalty (Amendment of Section 118).
18. New Section 124A.

"124A. GAS AGREEMENT".

AN ACT

entitled

Petroleum (Amendment) Act 1996,

Being an Act to amend the Petroleum Act (Chapter 198),

MADE by the National Parliament to come into operation in accordance with a notice in the National Gazette by the Head of State, acting with, and in accordance with, the advice of the Minister.

  1. COMPLIANCE WITH CONSTITUTIONAL REQUIREMENTS.

(1) This Act, to the extent that it regulates or restricts a right or freedom referred to in Subdivision III.3.C (qualified rights) the Constitution, namely the right to privacy conferred by Section 49 of the Constitution, is a law that is made for the purpose of giving effect to the public interest in public order and public welfare.

(2) For the purposes of -

(a) Section 29 of the Organic Law on Provincial Government; and
(b) Section 41 of the Organic Law on Provincial Governments and Local-level Governments,

it is hereby declared that this Act relates to a matter of national interest.

  1. INTERPRETATION (AMENDMENT OF SECTION 2).

Section 2 of the Principal Act is amended -

(a) by inserting after the definition of "former Acts" the following new definitions:-
(b) by repealing the definition of "licence" and replacing it with the following:-
(c) by inserting after the definition of "low water line" the following new definition:-
(d) by inserting after the definition of "petroleum prospecting licence" the following new definition:-
  1. ISSUE OF LICENCES (AMENDMENT OF SECTION 6).

Section 16(2) of the Principal Act is amended by inserting after words "A petroleum development licence" the following:-

"or a petroleum retention licence".
  1. REPEAL AND REPLACEMENT OF SECTION 24.

Section 24 of the Principal Act is repealed and is replaced with the following:-

"24. APPLICATION FOR EXTENSION TO BE IN RESPECT OF REDUCED AREA
(1) The number of blocks in respect of which an application for the extension of a petroleum prospecting licence may be made shall not exceed the number that is the sum of -
"(2) The blocks specified in an application for the extension of a petroleum prospecting licence shall be blocks that relate to graticular sections that -
  1. NEW DIVISION III.3B.

Part III of the Principal Act is amended by inserting after Section 31A the following new Division:-

"Division 3B. - Petroleum Retention Licences.
"31B. APPLICATION BY PETROLEUM PROSPECTING LICENSEE FOR PETROLEUM RETENTION LICENCE.
(1) A licensee whose petroleum prospecting licence is in force in respect of the blocks that constitute a location may, within two years after the date on which the blocks were declared to be a location, or such further period as the Minister allows, make application to the Director for the grant of a petroleum retention licence in respect of such of the blocks as the licensee satisfies the Minister contain a gas field or a part of a gas field or, for the better administration of petroleum activities, should be included in a petroleum retention licence.
"(2) A licensee may, during the term of a petroleum prospecting licence, make application to the Director of a petroleum retention licence in respect of any block or blocks within the licence area -
"31C. APPLICATION FOR PETROLEUM RETENTION LICENCE.
(1) An application under Section 31B -
"(2) The Director may, by instrument served on the applicant, require him to furnish, within a period specified in the instrument -
"31D. NOTIFICATION OF GRANT OF PETROLEUM DEVELOPMENT RETENTION LICENCE.
(1) Where an application for the grant of a petroleum retention licence has been made -
the Minister shall, by instrument served on the applicant, inform the applicant -
"(2) Where an application is made under Section 31B(3), the Minister may -
"(3) Where, under Subsection (2), the Minister elects to treat an application as an application made under Section 31B(1) or (2), that application shall, for the purposes of this section and Section 31E, be deemed to be an application so made.
"(4) In the case of an instrument of which Subsection (1)(f), applies, the Minister shall give to the applicant details of his reasons for requiring the alterations or imposing the conditions referred to in the instrument.
"(5) An instrument under Subsection (1)(d), (e) or (f) shall contain a statement to the effect that the application will lapse if -
"(6) In determining whether recovery of petroleum is commercially viable for the purposes of Subsection (1)(c) and Section 31I(1)(b), the Minister shall invite and consider submissions from the applicant and shall take into account all relevant matters including technical assessment of the reserves of the blocks constituting the area at the time and the estimated development costs and likelihood that a development would earn a reasonable rate consistent with international oil industry anticipated returns on gas projects.
"31E. GRANT OF PETROLEUM RETENTION LICENCE.
(1) An applicant who has been served with an instrument under Section 31D(1) may, before expiration of -
whichever is the later,
"(2) Where -
the Minister shall approve the proposals and grant to the applicant a petroleum retention licence in respect of the blocks referred to in Section 31D(1)(c), but in any other case the Minister may, by instrument, refuse to grant the licence.
"(3) The Minister shall not refuse under Subsection (2) to grant the licence unless -
"(4) Where the holder of a petroleum prospecting licence applies for a petroleum retention licence in respect of all or part of the area of that petroleum prospecting licence, then notwithstanding the provisions of Division 2 as to expiry of the petroleum prospecting licence that petroleum prospecting licence shall not expire in respect of the area for which a petroleum retention licence is sought until the Minister has granted or refused to grant, as the case may be, a petroleum retention licence under Subsection (2).
"(5) Where the holder of a petroleum prospecting licence applies for a petroleum retention licence in respect of all or part of the area of that petroleum prospecting licence and the Minister refuses to grant a petroleum retention licence on the ground that he is not satisfied as to the matter referred to in Section 31D(1)(c)(i), then notwithstanding the provisions of Division 2 as to expiry of the petroleum prospecting licence that petroleum prospecting licence shall not expire in respect of the area for which a petroleum retention licence was sought until one year after the date of the instrument referred to in Subsection (2).
"31F. VARIATION OF PETROLEUM RETENTION LICENCE AREA.
(1) The holder of a petroleum retention licence may make application to the Minister for a variation of the licence by the inclusion of an additional block or group of blocks -
"(2) Where an application is made under Subsection (1), the Minister may, by instrument served on the licensee, vary the licence to include in the licence area the block or blocks to which the application relates.
"(3) From and including the day on which a variation of a licence under this section take effect -
"31G. RIGHTS CONFERRED BY PETROLEUM RETENTION LICENCE.
A petroleum retention licence, while it remains in force, confers on the licence, subject to this Act and to the conditions specified in the licence, exclusive rights -
"31H. TERM OF PETROLEUM RETENTION LICENCE.
Subject to this Part and to any condition in the licence, a petroleum retention licence remains in force -
"31I. APPLICATION FOR EXTENSION OF PETROLEUM RETENTION LICENCE.
(1) The holder of a petroleum retention licence may make application to the Minister for an extension of the licence.
"(2) An application under this section may be made twice only in respect of a licence.
"(3) An application for an extension of a licence -
"(4) The Minister may, after considering a report from the Board, accept an application for the extension of a licence later than six months before the licence is due to expire, but in any case not after the licence has expired.
"31J. GRANT OR REFUSAL OF EXTENSION OF PETROLEUM RETENTION LICENCE.
(1) Where a licensee who has complied with the conditions specified in the petroleum retention licence and with the provisions of this Part and of the regulations, makes an application under Section 31I for the extension of the licence, the Minister shall, if he is satisfied -
inform the licensee, by instrument served on the licensee, that he is prepared to grant to the licensee the extension of the licence.
"(2) Where a licensee who has not complied with the conditions specified in the licence or with the provisions of this Part or with the regulations, makes an application under Section 31I for the extension of a licence, the Minister may, if after considering a report from the Board, he is satisfied as to the matters set out in Subsection (1) and further satisfied that, although the licensee has not so complied, special circumstances exists that justify the granting of the extension of the licence, inform the licensee, by instrument served on the licensee, that he is prepared to grant to him an extension of the licence.
'(3) Where a licensee has not complied with the conditions specified in the licence or with the provisions of this Part or with the regulations, and where the Minister is not satisfied that special circumstances exist that justify the granting of the extension of the licence, the Minister shall, subject to Subsection (5), by instrument served on the licensee, refuse to grant the extension of the licence.
"(4) Where the Minister is not satisfied as to the matters set out in Subsection (1)(a), (b) and (c), the Minister shall, subject to Subsection (5), by instrument served on the licensee, refuse to grant the extension of the licence.
"(5) The Minister shall not refuse to grant the extension of a licence unless –
"(6) An instrument under Subsection (1) or (2) shall contain -
"(7) A licensee who has been served with an instrument under Subsection (1) or (2) may, within a period of one month after the date of service of the instrument on him -
"(8) Where a licensee who has been served with an instrument under Subsection (1) or (2) -
with the period referred to in Subsection (7), the Minister shall approve the proposals and grant to the licensee the extension of the licence.
"(9) Where a licensee who has been served with an instrument under Subsection (1) or (2) -
"(10) Subject to Subsection (11), where -
the licence shall be deemed to continue in force in all respects -
whichever first occurs.
"(11) Where the Minister refuses to grant an extension under this section on the ground that he is not satisfied as to the matter referred to in Subsection (1)(b)(i), then notwithstanding the provisions of this Division as to expiry of the petroleum retention licence that petroleum retention licence shall not expire until one year after the date of the instrument referred to in Subsection (4).
"31K. CONDITIONS OF PETROLEUM RETENTION LICENCE.
A petroleum retention licence and any extension of a petroleum retention licence -
  1. APPLICATION BY PETROLEUM PROSPECTING LICENSEE FOR PETROLEUM DEVELOPMENT LICENCE (AMENDMENT OF SECTION 32).

Section 32 of the Principal Act is amended -

(a) in the heading, by inserting after the words "PETROLEUM PROSPECTING LICENCE" the following:-
(b) in Subsection (1), by inserting after the words "petroleum prospecting licence" the following:-
(c) in Subsection (2), by inserting after the words "petroleum prospecting licence" the following:-
(d) in Subsection (3), by inserting after the words "petroleum prospecting licence" the following:-
  1. GRANTS OF PETROLEUM DEVELOPMENT LICENCE (AMENDMENT OF SECTION 35).

Section 35(9) of the Principal Act is repealed and is replaced with the following:-

"(9) Where a licensee makes application under Section 32(1) or (2) for a petroleum development licence and the petroleum prospecting licence or petroleum retention licence would but for this subsection expire before the application has been dealt with in accordance with this section, the petroleum prospecting licence or petroleum retention licence, as the case may be, shall, notwithstanding the provisions of Division 2 or 3B as to the expiry thereof, continue in force in respect of the block or blocks until the first-mentioned application has been dealt with.".
  1. VARIATION OF PETROLEUM DEVELOPMENT LICENCE AREA (AMENDMENT OF SECTION 36).

Section 36(1) of the Principal Act is amended by inserting after the words "additional block or" the following:-

"group of.
  1. REVOCATION OF DECLARATION OF LOCATION (AMENDMENT OF SECTION 37).

Section 137 of the Principal Act is amended -

(a) in Subsection (1), by inserting after the words "petroleum prospecting licence" the following:-
(b) in Subsection (2), by inserting after the words "petroleum prospecting licence" the following:-
  1. APPLICATION FOR EXTENSION OF PETROLEUM DEVELOPMENT LICENCE (AMENDMENT OF SECTION 40).

Section 40(3)(c)(I) of the Principal Act is amended by inserting after the words "received in respect of the licence area" the following:-

"(including, if applicable, a breakdown between gas projects and petroleum projects carried out pursuant to the licence)".
  1. DIRECTIONS AS TO RECOVERY OF PETROLEUM (AMENDMENT OF SECTION 44).

Section 44(1) of the Principal Act is amended by inserting after the words "Where petroleum is not being recovered in a" the following:-

"development".
  1. RIGHTS OF LICENSEES IN RESPECT OF LAND AND PROPERTY (AMENDMENT OF SECTION 74).

Section 74(1) of the Principal Act is amended by repealing the words and figures "Section 21 or 38" and replacing them with the following:-

"Section 21, 31G or 38".
  1. EXEMPTION, VARIATIONS, ETC., (AMENDMENT OF SECTION 95).

Section 95 of the Principal Act is amended -

(a) in Subsection (1) -

(b) in Subsection (2), by inserting after Paragraph (a) the following new paragraph:-

"(aa) that it would be inconsistent with the terms in a gas agreement applying to the licence in question; or".
  1. PREVENTION FROM CARRYING ON PROSPECTING OPERATIONS (AMENDMENT OF SECTION 96).

Section 96 of the Principal Act is amended -

(a) in Subsection (1), by inserting after the words "petroleum prospecting licensee" the following:-
(b) in Subsection (5)(a) and (c) in each case, by repealing the words and numbers "Section 25 or 26" and replacing them with the following:-
  1. FEES, ETC., (AMENDMENT OF SECTION 116).

Section 116(1) of the Principal Act is amended by inserting after Paragraph (b) the following new paragraph:-

"(ba) in the case of a petroleum retention licence - K30,000.00; and".

  1. DETERMINATION OF VALUE OF PETROLEUM (AMENDMENT OF SECTION 117).
  2. ROYALTY (AMENDMENT OF SECTION 118).

Section 118 of the Principal Act is amended -

"(a) in Subsection (1), by repealing the words and figure "Subject to Subsection (2)" and replacing them with the following:-

"(b) in Subsection (2), by inserting the words "For the purposes of Subsection (1)" the following:-

"Subject to Subsection (3)"; and

"(c) by adding the following new section:-

"(3) Where a gas agreement applies, the wellhead value of petroleum shall be calculated, consistently with this section, in accordance with the method specified in the gas agreement.".
  1. NEW SECTION 124A.

The Principal Act is amended by inserting after Section 124 the following new section:-

"124A. GAS AGREEMENT.

The Minister may, on behalf of the State, execute a gas agreement with a licensee providing for -

I hereby certify that the above is a fair print of the Petroleum (Amendment) Act 1996 which has been made by the National Parliament.

Clerk of the National Parliament.

I hereby certify that the Petroleum (Amendment) Act 1996 was made by the National Parliament on 13 November 1996 by an absolute majority in accordance with the Constitution.

Acting Speaker of the National Parliament.


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