Petroleum - Legal Affairs

1 LAWS OF TRINIDAD AND Current Authorised Pages Pages Authorised (inclusive) by 1 10 .. 11 18 .. 19 34 .. 35 70 .. 71 80 .. 81 110 .. 111 112 .. 113 124 .. 125 126 .. 127 132 .. 133 134.

2 135 152 .. 153 159 .. Act46 of 1969 Amended byCHAPTER 62:01 Petroleum ACT29 of 198814 of 199034 of 19958 of 199679 of 200013 of 20104 of 20144 of 197016 of 197438 of 197434 of 197527 of 19769 of 197945 of 197947 of 1980 UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal of Subsidiary Legislation PagePetroleum Regulations (GN 5/1970) .. 30 Price of Petroleum Products Order (GN 110/1974) .. 72 Petroleum (Protection Against Fire) Regulations (GN 83/1960).. 80 Oil Tanks Regulations (GN 19/1949) .. 82 Petroleum (Testing, Storage, etc.)

3 Regulations (GN 99/1946) .. 102 Petroleum (Compressed Natural Gas) Regulations (LN 196/1994) .. 125 Petroleum (Prescribed Form) Regulations (LN 100/1989) .. 150 Price of Compressed Natural Gas Order (LN 294/2014) .. 154 Petroleum (Pollution Compensation) Regulations (LN 134/1997) .. 155 Petroleum (Form for Objection to the Issue of Licences for Petroleum Operations)Order (LN 160/1992) .. 158 Note on Subsidiary LegislationThe following Subsidiary Legislation have been omitted: (a)Notices of Application for Licences made under section 7 of the Act; (b)Notices of Grant of Licences etc., made under section 9 of the Act; (c) Exploration Licence made under section 9 of the Act; (d)Production Sharing Contracts made under section 9 of the Act; (e)Competitive Bidding (Determination) Notice made under section 10 of the Act; (f)Competitive Bidding Orders made under regulation 4 of the Petroleum Regulations; (g)Surrender of Licensed Areas Notice made under regulation 21 of the PetroleumRegulations; (h)Renewal of Licence Notice made under regulation 21 of the Petroleum Regulations; (i) Petroleum Impost Rating Orders made under regulation 72 of the For references with respect to omissions of Subsidiary Legislation, in addition to thosementioned above, see (a) the Consolidated Index of Subsidiary Legislation to 1st January 1994 and(b) the Consolidated Index of Subsidiary Legislation to 1st January Chap.

4 62:01 PetroleumLAWS OF TRINIDAD AND TOBAGOUNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal Petroleum Chap. 62:01 3 LAWS OF TRINIDAD AND Note on section 39 The former section 38(2) of this Act (replaced by the present section 39)provided for the Ordinances mentioned in that section to continue to operatein relation to Petroleum until Regulations are made under section 29 withrespect to any matter contained in these Ordinances. Regulations (GN 5/1970)were made under section 29. Therefore for the avoidance of doubt section 9of the Law Revision (Miscellaneous Provisions) Act No. 47 of 1980, declaredthat the Petroleum Regulations 1970 (5/1970) shall not be deemed to havehad the effect of repealing any of these With respect to the above see LN 185 VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal 62:01 Petroleum ACTARRANGEMENT OF SECTIONSSECTION 1.

5 Short 2. Interpretation. 3. Public Petroleum rights. 4. Private Petroleum rights. 5. Responsibility of Minister and delegation by IPETROLEUM OPERATIONSLICENCES 6. Licences. 7. Applications for licences. 8. Objections to licences. 9. Grant of licences. 10. Competitive bidding. 11. Certain conditions to be included in licences. 12. Conditions as to furnishing returns. 13. Special restrictions on grant of licences. 14. Exploration Licence confers non-exclusive rights. 15. Rights under an exploration and production licence. 16. Duty of licensee to deliver up facilities upon determination of AND DISPUTES 17. Consequences of failure to fulfil obligations, etc. 18. Arbitration in certain cases of revocation of licences. 19. Effect of force majeure. 20. General provision as to arbitration of differences. 21. Conduct of arbitration.

6 22. Cesser of operations during Chap. 62:01 PetroleumLAWS OF TRINIDAD AND TOBAGOUNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal Petroleum Chap. 62:01 5 LAWS OF TRINIDAD AND NON-RESIDENT COMPANIES 23. Licensing of non-resident companies. 24. Service of 24A. Licensee may issue sub-licence. 24B. Application for Minister s approval to issue sub-licence. 24C. Effect of sub-licence. 24D. IIANCILLARY RIGHTS 25. Licensee to negotiate for ancillary rights. 26. Power to grant ancillary rights. 27. Limitation on power of granting rights. 28. Applications for IIIMISCELLANEOUS AND GENERAL 29. Regulations. 30. Power of Minister to make Orders. 31. Power of Minister to fix prices of Petroleum products.

7 31A. Power of the Minister to fix price of 32. Offences and penalties. 33. Other powers. 34. Financial provisions. 35. Restriction on disclosure on information. 36. Special provisions for emergencies. 37. Act binds the PROVISIONS 38. Licences of existing Petroleum licensees. 39. VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal of title. Interpretation.[29 of 19888 of 199613 of 2010].Ch. 75 62:01 Petroleum ACTAn Act to consolidate and amend the law relating topetroleum so as to make better provision for theexploration for, and the development and production of, Petroleum , and for matters consequential or incidentalthereto. [30 THDECEMBER1969] Act may be cited as the Petroleum Act. PRELIMINARY 2.(1) In this Act company means any body corporate or unincorporatedassociation, including a partnership; licence means a licence to engage in Petroleum operationsgranted in accordance with this Act and of any Regulations; licensed area means, subject to subsection (2), the area(whether a submarine area or on land) that is described byany Exploration Licence or any Exploration and ProductionLicence; licensee means any person to whom a licence is granted, andincludes his agents, representatives and assignees; natural gas means Petroleum in the gaseous state; non-resident company , subject to the above definition of company , has the meaning assigned to that expression inthe Corporation Tax Act; Order means an Order made by the Minister under theauthority of this Act or the Regulations; petrochemical means such a chemical compound or a mixtureof such compounds manufactured from Petroleum orpetroleum products as is prescribed by Order made by theMinister.

8 Petroleum means any mixture of naturally occurringhydrocarbons and hydrocarbon compounds;6 Chap. 62:01 PetroleumLAWS OF TRINIDAD AND TOBAGOUNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal Petroleum Chap. 62:01 7 LAWS OF TRINIDAD AND Ch. 1:52. Petroleum operations means the operations related to thevarious phases of the Petroleum industry, and includesnatural gas processing, exploring for, producing, refining,transporting and marketing Petroleum or Petroleum productsor both, and manufacturing and marketing ofpetrochemicals; but does not include mining operationsinvolving the extraction of Petroleum from bituminousshales, tar sands, asphalt or other like deposits; Petroleum product means any finished or partly finishedproduct derived from Petroleum by any refining process; private Petroleum rights means rights to Petroleum that are notpublic Petroleum rights; public Petroleum rights means rights to Petroleum in its naturalcondition in strata existing in (i) State Lands; (ii) submarine areas; Regulations means Regulations made under this Act; Rules means Rules made by the Minister under this Act orthe Regulations.

9 Sub-licence means a sub-licence to engage in specifiedpetroleum operations on land or in a marine area issued inaccordance with this Act and the Regulations; sub-licensee means a person to whom a sub-licence is issued; submarine area means land underlying the sea waterssurrounding the coast of Trinidad and Tobago below thehigh water mark of the sea at ordinary spring tides,including the seabed and subsoil situated beneath theterritorial waters and the continental shelf of Trinidad andTobago ( continental shelf here having the same meaningas in the Continental Shelf Act). (2) A reference to a licensed area shall be read andconstrued, where such is the case, so as to refer to such part orparts thereof as remain at the disposal of the licensee from timeto time in accordance with the terms of such VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal Petroleum Petroleum of Minister and delegationby him.

10 (3) In this Act a reference to State Lands shall be readand construed as including a reference to the mineral rights in alllands by whomsoever possessed, the subject of a grant by theState after 30th January 1902. (4) Any coastal marine swamp lands or marshes shall inno case be deemed to form part of the submarine area; except thatwhere there are such swamp lands or marshes, a line fixed by theDirector of Surveys shall be the high water mark line. 3. Public Petroleum rights are hereby vested in the State andare exercisable by the President. 4. Private Petroleum rights are exercisable by the ownerthereof, subject to this Act and any Regulations, or Rules andOrders made under this Act or the Regulations, as relate thereto. 5. (1) Subject to this Act, the Minister is charged with thegeneral administration of this Act, and in the exercise of hispowers and the performance of his duties he shall conform withany general or special directions given to him by the decision made or action taken by the Minister in the exerciseof his powers and the performance of his duties in accordancewith this Act and the Regulations shall be deemed to be made ortaken by the Government and shall be binding thereon.