The Offshore Exploration (Petroleum, and Gas Storage and Unloading) (Model Clauses) Regulations 2009
| Jurisdiction | UK Non-devolved |
| Citation | SI 2009/2814 |
| Year | 2009 |
Statutory Instruments
2009 No. 2814
Petroleum
Gas
The Offshore Exploration (Petroleum, and Gas Storage and Unloading) (Model Clauses) Regulations 2009
Made
20th October 2009
Laid before Parliament
22nd October 2009
Coming into force
13th November 2009
The Secretary of State, in exercise of the powers conferred by section 4(1)(e) and (2) of the Petroleum Act 1998
(1)
and by sections 7(1) and 104(2) of the Energy Act 2008
(2)
, makes the following Regulations:
These Regulations may be cited as the Offshore Exploration (Petroleum, and Gas Storage and Unloading) (Model Clauses) Regulations 2009 and come into force on 13th November 2009.
Commencement Information
I1
Reg. 1 in force at 13.11.2009, see reg. 1
(1)
Subject to paragraphs (3) and (4), the model clauses prescribed for the licences mentioned in paragraph (2) are those set out in the Schedule.
(2)
The licences are—
(a)
licences under section 3 of the Petroleum Act 1998 to search for petroleum in any area below the low water line in respect of which the
F1
OGA
may grant a licence under that section; and
(b)
licences under section 4 of the Energy Act 2008 to—
(i)
explore any controlled place with a view to carrying on activities within section 2(3)(a) to (d) of the Energy Act 2008, and
(ii)
establish or maintain an installation in a controlled place for the purposes of such exploration.
(3)
The model clauses prescribed for the licences mentioned in paragraph (2)(a) do not include clauses 2(2) or 3(3).
(4)
The model clauses prescribed for the licences mentioned in paragraph (2)(b) do not include clauses 2(1), 3(2), 7, 8(4)(b), 17(b), 18 or 20(2)(a).
Amendments (Textual)
F1
Word in reg. 2(2)(a) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 15(2)
Commencement Information
I2
Reg. 2 in force at 13.11.2009, see reg. 1
The model clauses prescribed by regulation 3(2) of, and Schedule 1 to, the Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004
(3)
do not apply in relation to any licence granted after the commencement of these Regulations.
Commencement Information
I3
Reg. 3 in force at 13.11.2009, see reg. 1
(1)
The Secretary of State must from time to time—
(a)
carry out a review of these Regulations;
(b)
set out the conclusions of the review in a report; and
(c)
publish the report.
(2)
The report must in particular—
(a)
set out the objectives intended to be achieved by these Regulations;
(b)
assess the extent to which those objectives are achieved;
(c)
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(3)
The first report under this regulation must be published before the end of the period of five years beginning with the day on which this regulation comes into force.
(4)
Subsequent reports under this regulation must be published at intervals not exceeding five years.
Amendments (Textual)
F2
Reg. 4 inserted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 15(3)
Lord Hunt of Kings Heath OBE
Minister of State
Department of Energy and Climate Change
20th October 2009
(1.)
(1)
In this licence the following expressions have the following meanings—
“consent” means consent in writing;
“controlled place” has the meaning given in section 2(4) or section 17(3) of the Energy Act 2008;
“the Exploration Area” means the area comprising all the areas in which the Licensee may for the time being exercise any of the rights granted by this licence;
“licensed activities” means the activities carried on pursuant to this licence;
“the Licensee” means the person (or all the persons) specified in Schedule 1 as licence holder (or joint licence holders);
“the Minister” means
F3
the Secretary of State for Energy Security and Net Zero
;
F4
“the OGA” means the Oil and Gas Authority;
“Petroleum” includes any mineral oil or relative hydrocarbon and natural gas existing in its natural condition in strata, but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation;
“right” includes authorisation;
“Start Date” means the date specified as such in Schedule 2;
“Well” includes borehole.
(2)
Any reference in this licence to a clause or a Schedule is a reference to a clause of, or Schedule to, this licence; and any reference in a clause to a paragraph is to a paragraph of that clause.
(3)
Any obligations which are to be observed and performed by the Licensee shall at any time at which the Licensee is more than one person be joint and several obligations.
Amendments (Textual)
F3
Words in Sch. substituted (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), art. 1(2), Sch. para. 52 (with art. 17)
F4
Words in Sch. inserted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 15(5)
(2.)
(1)
In consideration of the payments provided for in clause 7 and the performance and observance by the Licensee of all the terms and conditions contained in this licence, the
F5
OGA
, in exercise of the powers conferred by section 3 of the Petroleum Act 1998, hereby grants to the Licensee licence and liberty in common with all other persons to whom the like right may have been granted or may hereafter be granted, during the continuance of this licence and subject to its provisions, to search for Petroleum in the strata in the islands and in the sea bed and subsoil in any area below the low water line in respect of which a licence may be granted under that section 3.
(2)
The
F5
OGA
, in exercise of the powers conferred by section 4 of the Energy Act 2008, and subject to the terms and conditions contained in this licence, authorises the Licensee to explore any controlled place with a view to carrying on activities within section 2(3)(a) to (d) of that Act, and to establish or maintain an installation in a controlled place for the purposes of such exploration.
(3)
However, the rights conferred by this licence shall not be exercisable (except with the agreement of the relevant person) at any place in respect of which a petroleum licence or an Energy Act licence is for the time being in force.
(4)
In this clause—
“Energy Act licence” means a licence under section 4 or 18 of the Energy Act 2008 (other than an exploration licence);
“exploration licence” means a licence to—
(a)
explore any controlled place with a view to carrying on activities within section 2(3)(a) to (d) of that Act, and establish or maintain an installation in a controlled place for the purposes of such exploration; or
(b)
explore any controlled place with a view to carrying on activities within section 17(2)(a) or (b) of that Act, and to establish or maintain an installation in a controlled place for the purposes of such exploration.
“petroleum licence” means a licence (not being a methane drainage licence) entitling the holder to search and bore for and get Petroleum, or to get Petroleum in the course of underground coal gasification;
“relevant person” means the holder of the petroleum licence or the Energy Act licence.
Amendments (Textual)
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