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Energy Bill


Energy Bill
Schedule 3 — Petroleum licences: amendments to model clauses
Part 3 — Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004

126

 

      (3)  

In clause 17 (abandonment and plugging of wells)—

(a)   

in paragraph (2) for “The” substitute “Subject to paragraph (5B), the”,

(b)   

after paragraph (5) insert—

“(5A)   

The Minister may at any time give the Licensee a notice

requiring a well drilled pursuant to this licence to be plugged

5

and abandoned in accordance with paragraph (5) within the

period specified in the notice (but this paragraph is subject to

paragraphs (5C) and (5D)).

(5B)   

The Licensee shall comply with any notice under paragraph

(5A).

10

(5C)   

A notice under paragraph (5A) may not be given less than

one month before the expiry or determination of the

Licensee’s rights under this licence in relation to the area, or

the part of the area, in which the well is drilled.

(5D)   

A notice under paragraph (5A) may be given only in relation

15

to a well from which the Licensee has not extracted any

petroleum within the period of one month ending with the

day on which the notice is given.”, and

(c)   

in paragraph (6) after “Subject to paragraphs” insert “(5A) to (5D),”.

      (4)  

In clause 39(4) (power of revocation: change of control) after “when this

20

licence was granted” insert “(or, if there has been an assignment or

assignation of rights conferred by this licence, when those rights were

assigned to the Licensee)”.

      (5)  

After clause 39 (power of revocation) insert—

“39A    

Power of partial revocation

25

(1)   

This clause applies in a case where two or more persons are the

Licensee and—

(a)   

an event mentioned in clause 39(2)(c), (d), (e), (ee) or (g)

occurs in relation to one of those persons, or

(b)   

the conditions specified in clause 39(3) are satisfied in

30

relation to one of those persons.

(2)   

Where this clause applies, the Minister may exercise the power of

revocation in clause 39 to revoke the licence in so far as it applies to

the person mentioned in paragraph (1)(a) or (b).

(3)   

If the Minister exercises the power in paragraph (2), the rights

35

granted to the person under this licence cease, but without prejudice

to any obligation or liability incurred by the person or imposed

under the terms and conditions of this licence.

(4)   

Where this licence is revoked in relation to one person under this

clause, it continues to have effect in respect of the other person who

40

constitutes, or persons who together constitute, the Licensee and in

relation to whom it is not revoked.”

19    (1)  

Schedule 4 (production licences for areas other than frontier areas) is

amended as follows.

 
 

Energy Bill
Schedule 3 — Petroleum licences: amendments to model clauses
Part 3 — Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004

127

 

      (2)  

After clause 8 (areas surrendered) insert—

“8A     

Provision of contact details to Minister

(1)   

A notice, direction or other document authorised or required (in

whatever terms) to be given to the Licensee by virtue of this licence

is treated as given to the Licensee if it is given to the person specified

5

by the Licensee under paragraph (2) at the address so specified.

(2)   

The Licensee must supply the Minister with the name and address of

a person to whom notices, directions and other documents are to be

given.

(3)   

The Licensee must ensure that, where there is a change in the person

10

to whom, or the address to which, information should be sent in

accordance with paragraph (2), the Minister is notified of the change

as soon as is reasonably practicable.

(4)   

If the Licensee fails to comply with paragraph (2) the Minister may

give the Licensee a notice which—

15

(a)   

requires the Licensee to comply with paragraph (2) within

the period of one month beginning with the date of the

notice, and

(b)   

states that, if the Licensee fails to do so, the Licensee will be

treated as having supplied under paragraph (2) the name and

20

address specified by the Minister in the notice.”

      (3)  

In clause 15 (abandonment and plugging of wells)—

(a)   

in paragraph (2) for “The” substitute “Subject to paragraph (5B), the”,

(b)   

after paragraph (5) insert—

“(5A)   

The Minister may at any time give the Licensee a notice

25

requiring a well drilled pursuant to this licence to be plugged

and abandoned in accordance with paragraph (5) within the

period specified in the notice (but this paragraph is subject to

paragraphs (5C) and (5D)).

(5B)   

The Licensee shall comply with any notice under paragraph

30

(5A).

(5C)   

A notice under paragraph (5A) may not be given less than

one month before the expiry or determination of the

Licensee’s rights under this licence in relation to the area or

the part of the area in which the well is drilled.

35

(5D)   

A notice under paragraph (5A) may be given only in relation

to a well from which the Licensee has not extracted any

petroleum within the period of one month ending with the

day on which the notice is given.”, and

(c)   

in paragraph (6) after “Subject to paragraphs” insert “(5A) to (5D),”.

40

      (4)  

In clause 37(4) (power of revocation: change of control) after “when this

licence was granted” insert “(or, if there has been an assignment or

assignation of rights conferred by this licence, when those rights were

assigned to the Licensee)”.

 
 

Energy Bill
Schedule 3 — Petroleum licences: amendments to model clauses
Part 3 — Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004

128

 

      (5)  

After clause 37 (power of revocation) insert—

“37A    

Power of partial revocation

(1)   

This clause applies in a case where two or more persons are the

Licensee and—

(a)   

an event mentioned in clause 37(2)(c), (d), (e), (ee) or (g)

5

occurs in relation to one of those persons, or

(b)   

the conditions specified in clause 37(3) are satisfied in

relation to one of those persons.

(2)   

Where this clause applies, the Minister may exercise the power of

revocation in clause 37 to revoke the licence in so far as it applies to

10

the person mentioned in paragraph (1)(a) or (b).

(3)   

If the Minister exercises the power in paragraph (2), the rights

granted to the person under this licence cease, but without prejudice

to any obligation or liability incurred by the person or imposed

under the terms and conditions of this licence.

15

(4)   

Where this licence is revoked in relation to one person under this

clause, it continues to have effect in respect of the other person who

constitutes, or persons who together constitute, the Licensee and in

relation to whom it is not revoked.”

20    (1)  

Schedule 6 (exploration and development licences) is amended as follows.

20

      (2)  

After clause 8 (consequences of determination or surrender by licensee)

insert—

“8A     

Provision of contact details to Minister

(1)   

A notice, direction or other document authorised or required (in

whatever terms) to be given to the Licensee by virtue of this licence

25

is treated as given to the Licensee if it is given to the person specified

by the Licensee under paragraph (2) at the address so specified.

(2)   

The Licensee must supply the Minister with the name and address of

a person to whom notices, directions and other documents are to be

given.

30

(3)   

The Licensee must ensure that, where there is a change in the person

to whom, or the address to which, information should be sent in

accordance with paragraph (2), the Minister is notified of the change

as soon as is reasonably practicable.

(4)   

If the Licensee fails to comply with paragraph (2) the Minister may

35

give the Licensee a notice which—

(a)   

requires the Licensee to comply with paragraph (2) within

the period of one month beginning with the date of the

notice, and

(b)   

states that, if the Licensee fails to do so, the Licensee will be

40

treated as having supplied under paragraph (2) the name and

address specified by the Minister in the notice.”

      (3)  

In clause 15 (abandonment and plugging of wells)—

(a)   

in paragraph (2) for “The” substitute “Subject to paragraph (5B), the”,

 
 

Energy Bill
Schedule 3 — Petroleum licences: amendments to model clauses
Part 3 — Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004

129

 

(b)   

after paragraph (5) insert—

“(5A)   

The Minister may at any time give the Licensee a notice

requiring a well drilled pursuant to this licence to be plugged

and abandoned in accordance with paragraph (5) within the

period specified in the notice (but this paragraph is subject to

5

paragraphs (5C) and (5D)).

(5B)   

The Licensee shall comply with any notice under paragraph

(5A).

(5C)   

A notice under paragraph (5A) may not be given less than

one month before the expiry or determination of the

10

Licensee’s rights under this licence in relation to the area, or

the part of the area, in which the well is drilled.

(5D)   

A notice under paragraph (5A) may be given only in relation

to a well from which the Licensee has not extracted any

petroleum within the period of one month ending with the

15

day on which the notice is given.”, and

(c)   

in paragraph (6) after “Subject to paragraphs” insert “(5A) to (5D),”.

      (4)  

In clause 36(4) (power of revocation: change of control) after “when this

licence was granted” insert “(or, if there has been an assignment or

assignation of rights conferred by this licence, when those rights were

20

assigned to the Licensee)”.

      (5)  

After clause 36 (power of revocation) insert—

“36A    

Power of partial revocation

(1)   

This clause applies in a case where two or more persons are the

Licensee and—

25

(a)   

an event mentioned in clause 36(2)(c), (d), (e), (ee) or

(g) occurs in relation to one of those persons, or

(b)   

the conditions specified in clause 36(3) are satisfied in

relation to one of those persons.

(2)   

Where this clause applies, the Minister may exercise the power of

30

revocation in clause 36 to revoke the licence in so far as it applies to

the person mentioned in paragraph (1)(a) or (b).

(3)   

If the Minister exercises the power in paragraph (2), the rights

granted to the person under this licence cease, but without prejudice

to any obligation or liability incurred by the person or imposed

35

under the terms and conditions of this licence.

(4)   

Where this licence is revoked in relation to one person under this

clause, it continues to have effect in respect of the other person who

constitutes, or persons who together constitute, the Licensee and in

relation to whom it is not revoked.”

40

 
 

 
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