PETROLEUM REGULATIONS for COGIC LTD.

LAWS OF TRINIDAD AND TOBAGO
30 Chap. 62:01 Petroleum
SUBSIDIARY LEGISLATION
PETROLEUM REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation.
2. Interpretation.
LICENCES FOR PETROLEUM OPERATIONS
3. Licences for petroleum operations.
4. Orders as to competitive bidding.
5. Procedure on competitive bidding.
FORM OF APPLICATIONS FOR LICENCES
6. Form and contents of application for licences.
7. Notice of change of particulars in application.
8. Documents as to title required for certain licences.
9. Fee on application.
10. Pipeline Licence.
11. Limitations as to size and position of areas.
PIPELINES
12. Permission to survey for laying pipelines.
DURATION
13. Term of certain licences.
14. Further renewals.
15. Special cases of renewals.
16. Conditions of renewal.
17. Duty to reduce by half the extent of licensed areas after six years.
18. Saving as to surrender provisions.
APPLICATIONS FOR LICENCES, ETC.
19. Publication of applications.
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REGULATION
20. Petroleum register.
21. Notification of grant, renewal, surrender, etc., of licences.
GRANT AND FORM OF LICENCES
22. Fees.
23. Terms of licences.
24. Time limit for issue of licences.
25. Issue of licences in private petroleum rights.
26. Common carrier pipelines.
27. Joint use of certain pipelines.
ASSIGNMENT
28. Provisions as to assignments.
29. Additional provisions as to assignments.
OPERATORS RIGHTS
30. Exclusion of certain areas from exploration.
31. Acts and things which may be done by a licensee.
32. Right of licensee to petroleum won.
33. Use of water on State Land.
34. Power of licensee to enclose leased land.
35. Notice as to cutting and felling trees.
36. Cutting or felling timber.
37. Surrender of portion of licensed area for public purposes.
38. Sale or lease of portion of licensed area.
39. Land leases to enable conduct of submarine operations.
40. Use of ports and other facilities.
41. Natural gas used in refining by the producer.
GENERAL OBLIGATIONS
42. General obligations of licensees.
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ARRANGEMENT OF REGULATIONS—Continued
REGULATION
TECHNICAL OBLIGATIONS
43. Technical obligations of licensees.
WORK OBLIGATIONS
EXPLORATION AND PRODUCTION
(PUBLIC PETROLEUM RIGHTS) LICENCE
44. Expenditure obligation.
45. Guarantee as to expenditure obligation.
46. Report of expenditure to be made to Minister.
47. Shortfall in expenditure obligations.
48. Time limit for commencement of exploration.
49. Maximum period for commencing drilling.
50. Duty to produce petroleum on discovery in commercial quantities.
51. Refining Licence and erection of refinery.
52. Saving as to regulation 51.
53. Duty to refine locally.
54. Power to require refining as to whole of production.
FINANCIAL OBLIGATIONS
55. Financial obligations specified.
MINIMUM PAYMENTS AND RENTAL ON EACH LICENCE
56. Minimum payment to be specified.
57. Payable quarterly.
58. Minimum payment where less deductible from royalties.
59. Distraint by Minister.
60. Surface rents for leases of State Lands.
ROYALTY
61. Royalty payable at stipulated rate.
62. Petroleum used in petroleum operations of licensee, exempted.
63. Power of Minister to reduce royalty.
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64. Election to take petroleum instead of royalty.
65. Method of sampling crude.
66. Value of crude—field storage value.
67. Value of natural gasoline—field storage value.
67A. Calculation of field storage value.
68. Agreement as to prices in certain cases.
69. Value of natural gas—how determined.
70. Quarterly instalments of royalty payable.
71. Annual statement of royalties calculated and assessed for
accounting period.
PETROLEUM IMPOST
72. Petroleum impost charged.
73. Petroleum impost to cover expenses of administration.
74. Impost on cessation of petroleum operations.
OTHER PAYMENTS
75. Licensees liable to income tax and corporation tax.
76. Import and export duties payable but subject to exemptions.
77. Usual rates and charges payable by licensees.
78. Additional deposits.
79. Orders as to forfeiture of deposits.
80. Currency payable in respect of financial obligations.
INFORMATION
81. Licensees to furnish data.
82. Licensees to supply maps, etc.
83. Annual report by Petrochemical Licensee.
84. Monthly report of Petrochemical Licensee.
85. Annual return as to accounts of Petrochemical Licensee.
86. Initial return on commencement of production by Petrochemical
Licensee.
REGULATION
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ARRANGEMENT OF REGULATIONS—Continued
REGULATION
DETERMINATION
87. Voluntary determination of licence.
MISCELLANEOUS PROVISIONS
88. Power to permit mining for other minerals in licensed areas.
89. Petroleum operations in submarine areas—rights to foreshore.
90. Price Orders— petrochemicals.
91. Minister may remedy default of licensee.
92. No alteration to plant, etc., without permission.
93. Unused natural gas.
94. Offences and penalties.
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PETROLEUM REGULATIONS
made under section 29
1. These Regulations may be cited as the Petroleum Regulations.
2. In these Regulations—
“barrel” means a unit of volume equal to forty-two United
States gallons;
“bunkering” means the supply of petroleum products for use as
fuel by a ship or aircraft;
“crude oil” means petroleum in the liquid state;
“effective date” means the date on which a licence comes
into force;
“peddling”, or “peddling operations” means small wholesale
transactions of less than 600 Imperial gallons of refined
petroleum products other than gasoline;
“well” means any borehole drilled or sunk for any purpose
and all works connected with, adjacent to, and belonging to
the borehole.
LICENCES FOR PETROLEUM OPERATIONS
3. (1) Subject to subregulation (2), the licences that may be
issued to persons to engage in petroleum operations shall be—
(a) an Exploration Licence;
(b) an Exploration and Production (Public Petroleum
Rights) Licence;
(c) an Exploration and Production (Private Petroleum
Rights) Licence;
(d) a Refining Licence;
(e) a Liquefaction of Natural Gas Licence;
(f) a Pipeline Licence;
(g) Transportation (other than by pipeline) Licence;
5/1970.
[100/1974
113/1974
46/1981
6 of 1989
137/1989
190/1989
81/1994
264/1998
129/2001].
Citation.
Interpretation.
[100/1974].
Licences for
petroleum
operations.
[100/1974
81/1994].
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Orders as to
competitive
bidding.
Procedure on
competitive
bidding.
(h) a Marketing Licence, in respect of any one of
the following operations, that is to say:
(i) wholesale;
(ii) peddling;
(iii) retail transactions at petrol filling
stations; or
(iv) bunkering (including the supply of
petroleum products to a marketing
licensee’s own ship or aircraft);
(i) a Petrochemical Licence;
(j) a Compressed Natural Gas Licence in respect of
any one of the following:
(i) service;
(ii) marketing; or
(iii) consumer refuelling.
(2) A person who desires to operate as a contractor or
agent of a licensee for the purpose of carrying out activities
prescribed by Order made by the Minister directly connected with
petroleum operations carried out by such licensee, shall himself
obtain a licence for such purpose.
4. (1) Where the President has under section 10 of the Act
determined that an area shall be subject to competitive bidding,
the Minister shall make an Order to that effect and such Order
shall be published in the Gazette and in at least one daily newspaper
circulating in Trinidad and Tobago.
(2) The Order shall, in respect of each area declared by
the President to be open for competitive bidding, specify the
geographical description, the period during which the bids may be
presented and any other conditions and details which the Minister
may consider proper for the purpose.
(3) The Minister may, at his discretion, make a charge
for any relevant information supplied by him.
5. (1) A person wishing to participate in bidding shall submit
his proposals to the Minister in the form and within the period
provided for by the Order.
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(2) The Minister after examining the proposals received
shall, after consulting with the Minister of Finance, select therefrom
the proposals he considers to be in conformity with the interests of
the country having due regard to all relevant factors, save that the
Minister may where he thinks fit reject all proposals.
FORM OF APPLICATION FOR LICENCES
6. Every application for a licence shall be made in
writing addressed to the Minister, and shall contain the
following particulars:
(a) the name, nationality, place of business and nature
of business of the applicant and, if the place of
business is outside Trinidad and Tobago, the
name, nationality and residence of a duly
authorised agent in Trinidad and Tobago;
(b) type of licence for which application is made;
(c) in relation to applications for a Refining Licence,
the project of all the refining installations
proposed with all necessary supporting plans and
exhibits, including a site plan in respect of the
refining and auxiliary installations, together with
evidence that such planning permission as may
be necessary under the Town and Country
Planning Act has been granted;
(d) in relation to—
(i) the construction of new retail marketing
stations; or
(ii) any substantial modifications to an
existing station,
that prior permission has been obtained from the
appropriate authorities and submitted to the
Minister, ensuring compliance with all the
statutory provisions in respect of traffic, town and
country planning, public health and other relevant
written laws;
Form and
contents of
application for
licences.
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(e) where applicable, a description of the site or
project, as the case may be, illustrated by a plan
or map to be prepared to such scale as the Minister
may require, of the situation, boundaries and area
of the parcels of land with respect to which the
application is submitted and in the case of any
land referred to in section 2(3) of the Act such
other particulars as may be required in order to
identify them;
(f) where applicable, a description of the operation
intended to be carried out including the methods
to be used, the capacity of the plant and nature of
products produced, and a copy of the relevant
feasibility study and a statement indicating the
source or sources from which the petroleum or
products, or both, will be obtained and analyses
of these substances;
(g) a statement of the capital investment involved and
evidence, in such detail as the Minister may
require, as to the applicant’s financial and
technical competence for undertaking the
operation applied for, and his ability to obtain the
requisite personnel and equipment;
(h) in relation to applications for a licence under
regulation 3(1)(h)(iii), any relevant agreement
between the applicant and the Marketing Licensee
for wholesale operations;
(i) in relation to applications for a Pipeline Licence
for the installation and operation of a new trunk
pipeline, the route, the length, the diameter and
other particulars (to be shown on a map) of the
proposed pipeline, its boundary lines, the names
of the owners of the land over which it would
pass, the location of pumping and terminal
stations and their capacities, the estimated cost
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of construction and such other information as may
be necessary in order to make clear the purpose
and the nature and specifications of the pipeline.
7. If before the application is granted or refused, a change
occurs in respect of any of the particulars contained in the
application, such change shall forthwith be brought to the notice
of the Minister by the applicant.
8. An application for an Exploration and Production
(Private Petroleum Rights) Licence shall contain the registered
numbers of the documents evidencing title to the Private Petroleum
Rights concerned.
9. Except in the case of an application for a licence in
accordance with section 38 of the Act, and any application for the
renewal of any licence there shall be sent with each application a
fee of five hundred dollars. If the application is refused, the Minister
shall refund to the applicant one-half of the fees thus paid.
10. (1) The holder of an Exploration and Production Licence
or a Refining Licence is required to apply for a Pipeline Licence
only if the pipeline which he proposes to lay extends beyond the
area covered by his licence.
(2) Where any length of a pipeline is to be laid along or
across a road, waterway or railway, or upon or under the surface
of the sea or in the vicinity of a harbour, the Minister shall consult
with the appropriate Government Ministry or Department or
Statutory Authority with a view to ensuring that the road, waterway,
railway, sea or harbour is not thereby rendered unsafe, contaminated
or polluted.
(3) Where, in the case of an application for a licence under
regulation 3(1)(h)(iii), the Minister or any other Government
Ministry or Department or a Statutory Authority has objection to a
proposed station site forming the subject of the application, the
Minister shall reject it.
Notice of
change of
particulars in
application.
Documents as to
title required for
certain licences.
Fee on
application.
[6 of 1989].
Pipeline
Licence.
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11. In relation to Exploration and Production (Public
Petroleum Rights) Licences, except where special exemption is
granted by the Minister—
(a) no application shall be considered in respect of
an area less than five hundred acres in extent;
(b) in no case shall an area in excess of five blocks
of eighty-five thousand acres each be granted
under one licence;
(c) every grant of such licence shall be in respect of
contiguous blocks.
PIPELINES
12. Any person desiring to construct a pipeline for the purpose
of conveying petroleum or petroleum products or other substances
prescribed by Order shall apply to the Minister for permission to
carry out a topographical or other survey with a view to selecting
the route of the proposed pipeline.
DURATION
13. (1) The term for which an Exploration Licence shall be
granted shall not exceed three years, but may be renewed from
time to time for any one period not exceeding three years at the
discretion of the Minister as to the whole or part of the area included
in the licence.
(2) The term for which an Exploration and Production
(Private Petroleum Rights) Licence may be granted shall be twenty
years, subject to renewals for successive periods of twenty years.
(3) The initial term for which an Exploration and
Production (Public Petroleum Rights) Licence is granted shall be
six years.
(4) The Minister, on being satisfied that continued
exploration will enhance the identification and evaluation of the
country’s petroleum reserves and on considering it to be in the
public interest may extend the initial term granted under
subregulation (3) for such period as he considers necessary.
Limitations as to
size and position
of areas.
Permission
to survey
for laying
pipelines.
Term of certain
licences.
[190/1989].
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(5) The licence may be renewed for a term which, in the
discretion of the Minister, may not exceed twenty-five years in the
light of the circumstances then prevailing, as to a part of the original
area as hereinafter provided on application by the licensee not less
than one hundred and eighty days before the expiry of the term
referred to in subregulation (3) or (4) as the case may be.
(6) Subject to regulation 87, during the first three years
of the six-year period referred to in regulation 13(3), exploration
operations shall not be suspended for any reason except force
majeure as defined in section 19 of the Act.
14. (1) Where a licensee notifies the Minister at least two
years before the end of the term provided under regulation 13(5),
of his desire further to renew the licence, it shall be extended for
five years in accordance with the terms which shall be laid down
by the President, in the light of the circumstances then prevailing.
(2) The Minister may grant further five-year extensions
from the end of each renewal period in the same manner as has
been laid down in subregulation (1).
15. (1) In the case of licences granted for refining, pipeline
or petrochemical operations, the original period shall be twenty
years, but such period shall be renewed, at the licensee’s request,
for successive periods each not exceeding ten years.
(2) In the case of marketing licences granted in
respect of wholesale transactions, the original period shall be ten
years in the case of peddling and retail transactions one year,
and in the case of bunkering ten years. The licences shall be
renewed for successive periods each of ten years, one year and ten
years, respectively.
(3) Notwithstanding regulations 13 and 14, in the case of
an Exploration and Production (Public Petroleum Rights) Licence
granted in respect of exploration and production operations—
(a) where, before the expiration of the original period,
the licensee notifies the Minister of his intention
to continue to undertake offshore petroleum
Further
renewals.
[190/1989].
Special cases
of renewals.
[100/1974
264/1998
129/2001].
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operations, such period shall be renewed at the
licensee’s request—
(i) for a period of twenty-five years, from the
date on which the request is made to the
Minister; and
(ii) for a successive period not exceeding ten
years at the discretion of the Minister;
(b) the renewal period of twenty-five years shall be
counted from the day after the expiration of the
original period.
16. For the purpose of regulation 15, all renewals therein
provided for shall notwithstanding regulation 17 (1) be upon such
terms and conditions as may be agreed at the time of the renewal.
17. (1) Subject to regulation 18, in the case of an Exploration
and Production (Public Petroleum Rights) Licence, the licensed
area shall be reduced to fifty per cent, not later than the end
of the sixth year from the effective date, in accordance with
this regulation and the part of the original area not surrendered
may be further reduced in the manner specified in the licence.
(2) Unless the licence is earlier surrendered, the licensee
shall furnish the Minister with a description of the boundaries of
the part to be surrendered not less than three months in advance of
the due date of the surrender provided for in subregulation (1).
(3) The area to be surrendered shall consist as far as
practicable of rectangular blocks bounded by lines running either
due North and South or due East and West in a manner to be
specified in the licence.
(4) Subregulation (3) shall apply where a licensee
voluntarily surrenders a part of the area of his operation in the
exercise of his rights of partial determination of his licence.
18. (1) The Minister may, where he considers it to be in the
public interest, allow the surrender of a lesser portion of the original
area than the area specified in regulation 17.
(2) Where the original area does not exceed five thousand
acres, no reduction of the area shall take place.
Conditions
of renewal.
[129/2001].
Duty to reduce
by half the
extent of
licensed areas
after six years.
[190/1989].
Saving as to
surrender
provisions.
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APPLICATIONS FOR LICENSES, ETC.
19. On receipt of an application for a licence in respect of any
petroleum operation, the Minister shall cause notice of such
application when published in the Gazette to be sent to the District
Revenue Officer of such Ward or Wards to which the application
relates. The notice shall be exhibited for three weeks in a
conspicuous place at the office of the District Revenue Officer.
20. (1) The Minister shall cause a petroleum register to be
instituted and maintained in the Ministry for the registration of
all applications for, and the grant, assignment, renewal, surrender,
termination and revocation of licences and other particulars
relating thereto.
(2) The petroleum register shall contain a record of any
Court decisions, arbitration awards, deeds or instruments of any
kind relating to petroleum rights.
21. The Minister shall as soon as possible after the grant,
assignment, renewal, surrender, termination, or revocation of any
licence cause to be published notice of the fact in the Gazette stating
the name of the holder of the licence, or of the assignee, and location
of the area.
GRANT AND FORM OF LICENCES
22. (1) Subject to subregulations (2) and (3), upon the
issue or renewal of any licence [other than a licence under
regulation 3(1)(g)] a fee of four thousand dollars shall be payable,
except that in the case of an application for a licence in accordance
with section 38 of the Act, no fee shall be payable.
(2) In the case of a licence under regulation 3(1)(h)(iii)
the fee shall be based on the annual total sales of all grades of
gasoline for the immediately preceding year and shall be as follows:
(a) for sales in excess of 1,000,000 litres …
(b) for sales between 500,000 and
1,000,000 litres … … …
(c) for sales less than 500,000 litres …
$400.00
$200.00
$100.00
Publication of
application.
Petroleum
register.
Notification of
grant, renewal,
surrender, etc.,
of licences.
Fees.
[6 of 1989].
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(3) In the case of a marketing licence for peddling
operations, the fee shall be fifty dollars.
23. (1) Each licence shall contain such terms and conditions
as the Minister may, subject to the provisions of the Act and these
Regulations, consider necessary.
(2) There shall be deemed to be incorporated in every
marketing licence issued under regulation 3(1)(h)(iv) a provision
that requires the Minister to revoke the licence on conviction of
the licensee for a contravention of regulation 3 of the Aviation
Fuel (Sale) Regulations.
(3) Where a company is convicted of an offence under
regulation 3 of the Aviation Fuel (Sale) Regulations, nothing in
subregulation (2) shall apply if it is shown to the satisfaction of
the Minister that the offence was committed without the consent
or connivance of the Directors, or General Manager, Secretary or
any other employee of the company and that they exercised all
such diligence to prevent the commission of the offence as they
ought to have exercised having regard to the nature of their
functions in that capacity and to all the circumstances.
(4) There shall be deemed to be incorporated in every
licence issued to a person under regulation 3(1)(d) and (h)(iii) the
following provisions as to the conduct of his business:
(a) in the case of a refining licence, that the refining
licensee shall dispose of petroleum products for
disposal and use in Trinidad and Tobago only to a
marketing licensee [not being a person to whom a
licence is issued under regulation 3(1)(h)(ii) or (iii)];
(b) in the case of a marketing licence issued under
regulation 3(1)(h)(iii), that the marketing
licensee shall dispose of petroleum products only
for use in Trinidad and Tobago and in accordance
with any Orders made by the Minister under
section 31(3) of the Act.
Terms of
licences.
[100/1974
113/1974
Ch. 3:03, s. 21].
232/1973.
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24. If a licence is not executed within one hundred and eighty
days of the approval of the application, the right of the applicant to
such licence shall be deemed to have lapsed, unless the delay is
not due to the fault of the applicant.
25. Unless the President otherwise determines, where
petroleum rights which form the subject of an application are
private petroleum rights, the Minister shall, subject to any other
written law, issue an Exploration and Production (Private Petroleum
Rights) Licence.
26. (1) A pipeline constructed in exercise of rights granted
under an Exploration and Production or a Refining Licence that
extends beyond the licensed area, or any pipeline constructed
outside the area provided for by an Exploration and Production or
a Refining Licence may, in the discretion of the Minister, be
declared a common carrier pipeline.
(2) In the case of pipelines declared to be common
carriers, the Minister shall by Order provide for the manner in
which, and the terms and conditions subject to which, such pipelines
may be utilised for the conveyance of suitable substances by the
general public.
27. (1) Where a pipeline, not being one declared a common
carrier pipeline, has surplus capacity available and a licensee
other than the owner thereof desires to utilise such surplus capacity,
the owner shall enter into negotiations with such licensee with a
view to permitting such utilisation upon terms and conditions
agreed upon.
(2) In the absence of agreement, the matter shall be
referred to the Minister. If the Minister is satisfied that the pipeline
can, without prejudicing its proper and efficient operation for the
purposes of meeting the owner’s requirements for which the
pipeline was designed, transport the requirements of the other
licensee, then the Minister shall determine by Order the terms and
conditions under which such other licensee may utilise the pipeline.
Time limit for
issue of
licences.
Issue of licences
in private
petroleum
rights.
Common carrier
pipelines.
Joint use
of certain
pipelines.
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ASSIGNMENT
28. (1) Unless the licence otherwise provides, an assignment
or transfer to another person of the rights acquired and the
obligations undertaken shall not be valid without the previous
consent in writing of the Minister, and any assignment or transfer
made without such previous consent shall be null and void and
may result in forfeiture of the licence.
(2) An application by a licensee for consent to assign or
transfer shall be made in writing to the Minister and shall be
accompanied by a fee of one hundred dollars. The applicant shall
furnish together with the application the same information in respect
of the proposed assignee as is required to be furnished in the case
of applications for a licence.
29. (1) Where a licensee applies for the Minister’s consent to
the assignment of a licence to a non-resident company the Minister
shall make it a condition that the said company shall observe these
Regulations concerning the establishment of a branch or agency
in Trinidad and Tobago.
(2) The Minister may in his discretion approve or refuse
the application for assignment or transfer.
(3) The assignment or transfer of a licence shall not in
any way absolve the assignor or transferor from the obligations
undertaken by him under the licence except to the extent to which
such obligations are in fact performed by the assignee or transferee.
OPERATORS RIGHTS
30. No exploration operations shall be carried out in the areas
mentioned below—
(a) areas in which operations shall be prohibited by
the Government for reasons of public interest or
security. The Minister shall cause to be published
in the Gazette from time to time the necessary
notice for the identification of such areas;
(b) areas occupied by towns, buildings, roads,
cemeteries and other public purpose installations.
Provisions as to
assignments.
Additional
provisions as to
assignments.
Exclusion of
certain areas
from
exploration.
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31. There shall be specified in every licence such of the
following acts and other things that a licensee may do in connection
with the petroleum operations carried on by him in submarine areas
or on land that he has acquired within the licensed area, as are
appropriate to such licence:
bore, dig, sink, drive, construct, make, use, maintain, operate
and administer all such boreholes, pits, shafts, drifts, levels,
excavations, dams, drains, watercourses, plants, tanks,
reservoirs and other storage facilities, gas-oil separators,
refineries, topping plants, casing head gasoline plants,
sulphur plants and other facilities for searching for,
producing, refining and otherwise treating crude oil and
natural gas, pipelines, pumping stations, power houses, power
stations, power lines, telegraph, telephone, radio and other
communication facilities, factories, warehouses, offices,
houses, buildings, ports, docks, harbours, piers, jetties,
dredgers, breakwaters, submarine loading lines, and terminal
facilities, vessels, conveyances, railways, tramways, roads,
bridges, ferries, airways, airports and other transport facilities,
distribution and marketing facilities, garages, hangars,
workshops, foundries and repair shops and all ancillary
services required for the purposes of or in connection with
authorised operations and all such further and other rights
and powers as are or may become necessary or reasonably
incidental to the carrying out of operations, it being
understood that the erection of any railway lines, ports,
aviation and telecommunication facilities, and power
stations shall require the previous consent in writing of the
authorities concerned.
32. Subject to the limitations provided for in the Act and these
Regulations, a licensee shall have the right to export all petroleum,
petroleum products and petrochemicals won, saved or
manufactured from the licensed area and to sell the same, whether
in Trinidad and Tobago or abroad.
Acts and things
which may be
done by a
licensee.
Right of
licensee to
petroleum won.
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33. The licensee may, for the purposes of his operations,
appropriate and use free of charge, with the approval of the Water
and Sewerage Authority but subject to third party rights, any water
which he may find on or within State Lands and submarine areas
situated in the area covered by his licence.
34. Where the licensee obtains a lease for the purpose of
occupying for his exclusive use parts of the licensed area, parcels
of land so acquired may be enclosed with a fence, but nothing in
these Regulations shall affect the right of entry by the Minister for
any of the purposes of the Act and these Regulations.
35. Before occupying any land as prescribed in the preceding
regulation or clearing any land as prescribed in regulation 36, the
licensee shall give at least one month’s notice to the Commissioner
of State Lands. If the latter has a valid objection to the proposed
occupation or clearing, such objection shall be notified to the
licensee in writing not later than twenty-one days from the date of
receipt of the notice. If the licensee disputes the objection, this
shall constitute a dispute which shall be referred to arbitration as
provided for in the Act.
36. Where a licensee exercises any right, power or privilege
to clear any State Land by cutting or felling any undergrowth or
timber for the purpose of carrying out petroleum operations he
shall comply with the State Lands Forest Produce Rules.
37. The licensee shall, if requested to do so by the Minister,
relinquish without compensation any rights he may hold with
respect to a part of the surface of the licensed area, not exceeding
in the aggregate one-tenth of the licensed area, required reasonably
for public purposes, provided that if he proves to the Minister’s
satisfaction that the relinquishment of such lands would seriously
interfere with his actual or proposed operations, the request for
relinquishment shall be withdrawn.
38. (1) Where the Commissioner of State Lands considers it
expedient at any time to sell or lease the surface of any portion of
Use of water on
State Land.
Power of
licensee to
enclose leased
land.
Notice as to
cutting and
felling trees.
Cutting or
felling timber.
1950 Ed.
vol. IX p. 851.
Surrender of
portion of
licensed area for
public purposes.
Sale or lease of
portion of
licensed area.
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State Lands included in a licensed area, notice in writing of such
intention shall be given to the licensee.
(2) Where the licensee considers that his rights under the
licence would be prejudicially affected by the proposed sale or
lease, he shall so inform the Commissioner, and in the absence of
agreement the dispute shall be submitted to arbitration as provided
for in the Act.
39. (1) In the case of a licence relating to submarine areas,
if the licensee reasonably needs to occupy a parcel of State Lands
for the purpose of carrying out his submarine operations, the
Minister shall, on receiving an application therefor from the
licensee, cause a lease to be granted in consideration of a
surface rent.
(2) Where such parcel of land is privately owned and
Part II of the Act is applicable the licensee shall take such steps
thereunder to secure the grant of the lease.
40. A licensee shall be entitled, subject to the payment of any
customary and non-discriminatory dues, charges or fees, to use
Government ports, harbours, piers, docks and other facilities,
where such utilisation is necessary for the purpose of carrying out
his operations.
41. Natural gas produced and utilised by an Exploration and
Production (Public Petroleum Rights) Licensee in refining or
petrochemical operations, shall be deemed gas sold by the licence
for the purpose of royalty assessment at a price which shall be
determined in accordance with regulation 69.
GENERAL OBLIGATIONS
42. (1) A licensee shall perform such of the general
obligations specified in subregulation (2) in his licence.
(2) A licensee shall—
(a) in land areas, erect forthwith and at his own
expense, and at all times maintain in repair visible
Land leases to
enable conduct
of submarine
operations.
Use of ports and
other facilities.
Natural gas used
in refining by
the producer
General
obligations
of licensees.
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boundary marks and pillars according to the
description of the licensed area;
(b) carry out his operations with due diligence and
act in accordance with sound petroleum industry
practice in the conduct of all operations and ensure
that all installations, apparatus, boreholes and
wells are maintained in good condition;
(c) ensure that operations do not unreasonably
interfere with other activities in the area and, in
the case of operations in submarine areas, care
shall be taken to avoid pollution of the seas,
beaches or tidal rivers to ensure that navigation,
agriculture, fishing, authorised scientific
researches, and conservation of the living
resources of the sea are not unjustifiably hindered,
and likewise that no damage is caused to
submarine cables and pipelines;
(d) maintain appropriate and proper records
containing full data of all operations;
(e) keep in Trinidad and Tobago correct and
intelligible books and accounts in a form from
time to time approved by the Minister of—
(i) the quantities of petroleum won and saved
from the licensed area;
(ii) the quantity of petroleum acquired
otherwise than in circumstances described
in paragraph(e)(i) above;
(iii) the disposal of petroleum, including—
(A) petroleum used for the purposes of
carrying on drilling and production
operations and pumping to field
storage within the licensed area;
(B) petroleum exported with the name
and address of the buyer, the quantity
supplied to each buyer, the price or
other consideration and the
destination thereof;
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(C) petroleum delivered to each local
refinery and the price therefor;
(D) petroleum delivered to natural
gasoline plants and the products
recovered therefrom;
(E) petroleum otherwise disposed of and
the manner of its disposal;
(iv) the methods and results of tests made on
petroleum and petroleum products;
(v) such other particulars as the Minister may
from time to time direct;
(f) minimise the employment of foreign personnel,
ensure that such employees are engaged only in
positions for which the operator cannot, after
reasonable advertisement in at least one daily
newspaper circulating in Trinidad and Tobago,
find available nationals of Trinidad and Tobago
having the necessary qualifications and
experience; determine the rules of employment
including salary scales in such manner as to ensure
that all employees in the same category enjoy
equal conditions irrespective of nationality;
(g) prepare, in consultation with the Minister,
programmes for industrial and technical education
and training, including the grant of scholarships,
and carry such programmes out diligently with a
view to training nationals of Trinidad and Tobago
to replace foreign personnel as soon as reasonably
practicable and to affording nationals of Trinidad
and Tobago every possible opportunity for
occupying senior positions in the operations of
the licensee;
(h) exercise all possible care in order to avoid causing
any unnecessary damage to the surface of the
licensed area or to trees, crops, buildings,
structures and property thereon;
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(i) pay reasonable compensation for any loss,
damage or injury which may be caused by him,
or by his agents or servants, to any other
person in respect of such person’s rights of
any description;
(j) keep the Minister indemnified at all times
against any action, claim or demands of whatever
nature which may be brought against the Minister
by any third party in relation to any matter
arising out of the exercise of the rights granted
by the licence;
(k) comply with all instructions issued from time to
time by the Minister that are reasonably necessary
for securing the health, safety and welfare of
persons employed for the purpose of operations;
(l) enable authorised representatives of the Minister
at all reasonable times to inspect the operations
carried out under the licence and to execute any
works which the Minister may be entitled to
execute in accordance with the provisions of the
licence. Such authorised person may make
abstracts or copies of any records, maps, accounts
and other documents which the licensee is
required to keep in accordance with the provisions
of his licence. Such inspections shall not be
carried out in such manner as unduly to hinder or
affect adversely the operations being conducted
by the licensee;
(m) have regard at all times in the conduct of
operations to the public interest and to the rights
and interests of Trinidad and Tobago.
TECHNICAL OBLIGATIONS
43. A licensee shall observe the following requirements
where applicable:
(a) no geophysical activity, drilling, re-drilling,
deepening or plugging of a borehole or well or
Technical
obligations of
licensees.
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any perforation of the casing shall be commenced
unless notice is given to the Minister specifying
the location of the survey area, borehole or well
and his prior approval obtained;
(b) no fixed installation such as gathering stations,
tanks, steam generating equipment and meters
shall be erected unless prior notice thereof is given
to the Minister and his approval obtained;
(c) the notice specified under paragraphs (a) and (b)
shall be given at least twenty-one days before the
commencement of such activities. Where no reply
to such notice has been given by the Minister
during the twenty-one-day period, the application
shall be deemed to have been approved;
(d) in granting his approval as required by
paragraphs (a) and (b), the Minister shall have
regard to public and other reasonable
requirements arising out of the existence of
any street, square, road, beach, pipelines or
other right of way, dwelling, industrial plant,
public buildings, church or other place of worship;
(e) in the case of lands the surface of which is not
occupied or which is not required for public
purposes all boreholes shall be so drilled as to be
substantially vertical; any material deviation
from the vertical shall require the prior written
approval of the Minister;
(f) in the case of lands the surface of which is
occupied or required for public purposes,
directional drilling from adjoining lands
within the licensed area shall be authorised by
the Minister on such conditions as he
considers appropriate;
(g) except with the previous consent in writing of the
Minister, no borehole or well shall be drilled so
that any part thereof is within a distance of three
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hundred feet from the boundaries of the licensed
area on land and six hundred feet from the
boundaries of the licensed area in submarine area;
(h) the licensee shall exert his utmost efforts to
develop any discovered fields to the maximum
extent consistent with good petroleum industry
practice and in particular observe sound technical
and engineering principles regulating the
conservation of the deposits of hydrocarbons, in
preventing damage to adjoining petroleum
bearing strata, in controlling the flow, in
preventing the escape or waste of petroleum
discovered, in preventing the entrance of fluids
through wells into petroleum bearing strata
except in approved fluid injection operations
and in protecting water bearing strata encountered
in the course of drilling;
(i) all petroleum processing arrangements and
contracts shall be reported to the Minister, who
may, upon examining such arrangements and
contracts and inspecting the related plants and
analyses, call upon the licensee to alter any
practices which he considers to be contrary to the
public interest;
(j) all petroleum won and saved from the licensed
area shall be measured or weighed by a method
or methods customarily used in good oilfield
practice and from time to time approved by
the Minister;
(k) the licensee shall not make any alteration in the
method or methods of measurement or weighing
used by him or to any appliances used for the
purpose without the consent in writing of the
Minister, and the Minister may in any case require
that no alteration shall be made save in the
presence of a person authorised by the Minister;
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(l) the Minister may from time to time direct that
any weighing or measuring appliance shall be
tested or examined in such manner, upon such
occasions or at such intervals and by such persons
as may be specified by the Minister’s direction
and the licensee shall pay to any such person or
to the Minister such fees and expenses for the
test or examination as the Minister may specify;
(m) where any measuring or weighing appliance is
upon any such test or examination as is mentioned
in the last foregoing paragraph, found to be false
or unjust, the same shall, if the Minister so
determines after considering any representations
in writing made by the licensee, be deemed to
have existed in that condition during the period
since the last occasion upon which the same was
tested or examined pursuant to paragraph (l);
(n) where any mineral not specified in the licence is
discovered on or within any of the lands described
in the licence, the licensee shall report the same
to the Minister without delay;
(o) representative samples of the seabed, strata,
petroleum, water or other minerals encountered
in any borehole or well in the licensed area
shall be correctly labelled and preserved for
reference and testing, and where required by the
Minister, representative specimens not exceeding
one-half of any such samples shall be delivered
to the Minister who may retain any specimen
so delivered;
(p) no borehole or well shall be abandoned and no
cemented string or other permanent form of casing
shall be withdrawn from any borehole or well
which it is proposed to abandon without the prior
consent in writing of the Minister;
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(q) before the expiry or determination of a licence,
the licensee shall, unless the Minister otherwise
determines, plug all wells drilled by him. Such
plugging shall be done in accordance with
specifications from time to time approved by
the Minister;
(r) the Minister may require in every case where the
licensee intends to abandon a borehole or well
from which potable water can be produced or
which may be used for any public purpose that
such borehole or well be transferred in ownership
to the Water and Sewerage Authority without the
payment of any compensation. The licensee shall
be relieved of all liability in respect of such
borehole or well and the supply thereof as from
the date of such transfer, without prejudice to any
rights or obligations which may have arisen before
such date;
(s) the licensee shall take all reasonable precautions
and safety measures to prevent the occurrence of
blowout and fire, to ensure that water resources
are not damaged or contaminated by the escape
of petroleum or other material used in the course
of operations, to take care that gas is not liberated
in such manner as to cause pollution of the
surrounding air, and to prevent all waste. Without
prejudice to the generality of the foregoing he
shall strictly observe such Orders and directions
thereon as are promulgated by the Minister from
time to time;
(t) where at any time during the currency of a licence
the Minister finds that the strata in the licensed
area, in whole or in part, form part of a single
reservoir in respect of which other licences are in
force, and the Minister considers that it is in the
public interest, in order to secure the maximum
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ultimate recovery of petroleum and to avoid
unnecessary competitive drilling, that the
reservoir should be worked as a unit with the
co-operation of all concerned, the following
shall apply:
(i) the licensees concerned, who shall be
determined by the Minister, shall, upon
being so required in writing by the Minister,
cooperate in order to prepare a programme
for the working of the reservoir as a unit,
and shall jointly submit such programme
to the Minister for approval;
(ii) where a programme is not submitted to the
Minister within the time which the Minister
has fixed, or a programme is submitted to,
but is not approved by, the Minister, the
Minister shall himself prepare a programme
and shall communicate it to the licensees
to be put into effect;
(iii) where one or more of the licensees object
to the programme prepared by the Minister,
he or they may, within twenty-eight days
of receipt of the programme, submit the
matter to arbitration in accordance with the
procedure prescribed in the Act,
and this paragraph shall apply where relevant also
in the case of Exploration and Production (Private
Petroleum Rights) Licences;
(u) a Refining Licence or Petrochemical Licence
shall contain a condition to the effect that the
licensee shall give preference in his operations
to the processing of indigenous petroleum
and (where it is shown to be in the public
interest and economically feasible) to the
manufacturing of such petroleum products or
petrochemical products or both as are required
for domestic consumption;
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(v) the Minister may require a Refining Licensee to
undertake to deliver to the Government at current
wholesale prices such reasonable part of any
particular product manufactured by him as may
be required for domestic consumption, save that
no licensee shall be required to supply such
product in quantities exceeding ten per cent of
the total quantity manufactured by him.
WORK OBLIGATIONS
EXPLORATION AND PRODUCTION
(PUBLIC PETROLEUM RIGHTS) LICENCE
44. The licensee shall be required to spend on exploration
operations during the first three years a minimum sum annually
(hereinafter referred to as “the expenditure obligation”) to be
determined in the case of each licence by agreement between the
Minister and the licensee, and to be specified in the licence.
45. (1) The licensee shall be required to deliver to the Minister
on the effective date a guarantee, in the form of a bond or banker’s
guarantee or in such other form acceptable to the Minister, for the
total amount of the expenditure obligation stipulated.
(2) The amount of such bond or guarantee shall be reduced
at the end of each twelve-month period by the actual exploration
expenditure of the period upon presentation of all technical data
obtained from the surveys made and the interpretation thereof as
well as data and results from any other work performed thereon.
46. (1) Within sixty days after the end of each twelve-month
period, the licensee shall report to the Minister his actual
expenditure during the said period, in such detail and together with
such supporting evidence as the Minister may require.
(2) Sums overspent in any annual period may be carried
forward for the purpose of set-off against what would otherwise
have been the annual expense obligation for succeeding years.
Expenditure
obligation.
Guarantee as to
expenditure
obligation.
[190/1989].
Report of
expenditure to
be made to
the Minister.
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47. At the end of the first three-year period and of any other
subsequent period there shall be determined the sums which the
licensee has spent up to that date and one-half of any amount by
which the said sum may fall short of the relevant expenditure
obligation shall be forfeited to the Government and is recoverable
summarily as a civil debt.
48. (1) Exploration operations on a scale that has been agreed
between the Minister and the licensee and specified in the licence
shall be commenced by the licensee not later than one year from
the effective date.
(2) A licensee who fails to comply with the requirements
of subregulation (1) is liable to the termination of his licence at the
discretion of the Minister.
49. (1) Within such maximum period from the effective date
as is determined as appropriate and specified in the licence, the
licensee shall commence the drilling of at least one well.
(2) A licensee who fails to comply with the requirements
of subregulation (1) is liable to the termination of his licence at the
discretion of the Minister.
50. Where a person who is the holder of an Exploration and
Production Licence finds petroleum in commercial quantities, it
shall be produced without unreasonable delay, and production shall
continue without interruption, unless the Minister is satisfied that
the interruption is justified for technical or other reasons.
51. (1) Subject to regulation 52, an Exploration and
Production Licensee shall obtain a Refining Licence and commence
the erection in Trinidad and Tobago of a refinery with a minimum
crude oil through-put capacity of at least fifty per cent of the
aggregate average daily production where the aggregate average
daily production of crude oil from all licensed areas held by
such licensee—
(a) amounts to one hundred thousand barrels per day
(such amounts of crude being assessed in the
manner determined by the Minister by Order); or
Shortfall in
expenditure
obligations.
Time limit for
commencement
of exploration.
Maximum
period for
commencing
drilling.
Duty to produce
petroleum on
discovery in
commercial
quantities.
Refining
Licence and
erection of
refinery.
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(b) exceeds fifty thousand barrels per day and the
aggregate proven reserves underlying all licensed
areas held by the said licensee are sufficient to
support continuation of aggregate average daily
production of one hundred thousand barrels per
day for a future continuous period of seven and
one-half years (such proven reserves and forecasts
of future aggregate average daily production to
be estimated in the manner determined by the
Minister by Order).
(2) The licensee shall complete the refinery and put it into
efficient working order with due diligence and dispatch, but in
any event within three years from the date on which the site of
such refinery was finally approved.
(3) When there occurs, subsequent to the granting of a
refining licence as provided in subregulation (1), an increase in
aggregate average daily production of one hundred thousand barrels
per day [all as contemplated by and determined in the manner
provided in subregulation (1)], the licensee shall make approved
additions to refinery capacity adequate to deal with at least fifty
per cent of such increase in aggregate average daily production.
52. The Minister may, on application by a licensee, permit
him, in lieu of acting as required by regulation 51, to make such
other arrangements for the refining and disposal of the oil as may
be considered appropriate by the Minister.
53. (1) A licensee whose total production does not reach the
levels provided for by regulation 51(1)(a) or in the case of
regulation 51(1)(b) the levels and the person receiving therein
specified may be required to deliver his production to refineries
in Trinidad.
(2) In case the producer and refiner cannot agree as to the
terms and conditions of supply and processing crude oil, the matter
shall be referred to arbitration as provided for in the Act.
Saving as to
regulation 51.
[190/1989].
Duty to
refine locally.
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54. The President may require a licensee to refine, or have
refined in Trinidad and Tobago up to one hundred per cent of the
crude oil produced by him, if the refineries in Trinidad and Tobago
have available refining capacity.
FINANCIAL OBLIGATIONS
55. The licensee’s financial obligations towards the Treasury
shall consist, where applicable, of minimum payment, rent, royalty,
petroleum impost, corporation tax and other payments and each
licence shall contain the specified obligations pertaining thereto.
MINIMUM PAYMENTS AND RENTAL ON EACH LICENCE
56. Subject to regulation 58, every Exploration and Production
(Public Petroleum Rights) Licensee shall pay in respect of each
acre of State Land and Submarine Area held by him from time to
time throughout the period of the licence, such minimum payment
at such rates as are fixed by the Minister and specified in the licence.
57. (1) Minimum payments shall be payable quarterly in
advance within the first ten days of January, April, July and October.
(2) No refund shall become due if before the end of a
quarterly period a part of the area has been surrendered.
58. In respect of any quarterly period for which royalties
become payable on a licence, where the sum of such royalties is
equal to or exceeds the amount already paid as minimum payment
for the same period, then the amount of minimum payment so paid
shall be deducted from the royalties payable in respect of such
quarterly period.
59. It shall be a condition specified in an Exploration and
Production Licence that—
(a) if the minimum payment, rents or royalties
payable by a licensee, or any part thereof, remain
unpaid for the period of thirty days next after the
due date of payment, the Minister may enter on
Power to require
refining as to
whole of
production.
Financial
obligations
specified.
Minimum
payment to
be specified.
Payable
quarterly.
Minimum
payment where
less deductible
from royalties.
Distraint by
Minister.
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the lands and premises occupied by the licensee
and distrain on all or any of the stock of petroleum
and petroleum products and all things found in
or upon the premises;
(b) if within fourteen days after the date of the
distraint, the sums due still remain unpaid, the
Minister may sell all or any part of the goods so
distrained, recovering therefrom the amounts due
and paying the surplus, if any, to the licensee;
(c) if the Minister acts under the foregoing provisions
of this regulation he shall be indemnified by the
licensee against all actions, claims, liabilities and
other obligations to such licensee arising directly
or indirectly from such action, notwithstanding
that by any rule of law the licensee would not be
so liable.
60. The licensee shall pay for all State Lands which he may
take up on lease, use or occupy for the purpose of the licence an
annual surface rent and any other payment usually applicable to
such grants at such rate per acre as the Minister may fix and specify
in the licence, or in the case of land that is State Land by reason
only of section 2(3) of the Act, at such rate per acre as may be
agreed between the parties.
ROYALTY
61. (1) Every Exploration and Production (Public Petroleum
Rights) Licensee shall pay a royalty at a rate to be stipulated in the
licence on the net petroleum won and saved from the licensed area.
(2) The basis for determining the value of petroleum for
the purposes of calculating royalty payments in cash shall be arrived
at by agreement between the Minister and the licensee on terms
specified in the licence by adopting the criteria specified in
regulations 66 to 69 inclusive.
62. All petroleum that is proved to the satisfaction of the
Minister to have been used by the licensee within the licensed area
Surface rents
for leases of
State Lands.
Royalty payable
at stipulated
rate.
[190/1989].
Petroleum used
in petroleum
operations of
licensee,
exempted.
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for the carrying out of petroleum operations including gas
injection and other approved field operations shall be free of royalty.
63. The Minister, upon the prior approval of the Cabinet, may
reduce the rate of royalty specified in the licence for any period if
such reduction is found necessary in the public interest.
64. (1) The Minister may, by notice in writing of not less than
ninety days, elect to take petroleum in kind in lieu of the whole or
part of the royalty due.
(2) Such petroleum as the Minister elects to take in kind
shall be delivered by the licensee free of all transportation or
handling charges at any established receiving installation along
the route over which petroleum is conducted from the place of
production to the refinery or seaboard terminal as the Minister
may direct.
(3) The Minister may require a licensee to hold such
petroleum as he elects to take in kind in storage at the field or at
the terminal, free of any storage charge, but not for a period
exceeding thirty days.
(4) Any petroleum of which the Minister does not dispose
within the period mentioned in subregulation (3) or for which
further terms of disposal have not been agreed upon shall be deemed
to have been sold to the licensee at the same prices as apply in the
calculation of royalty paid in cash and the sums payable in respect
thereof shall be a debt due and payable to the Treasury.
65. The methods of sampling crude oil, analysing and
determining the percentage content of each component fraction
contained therein shall be agreed upon between the licensee and
the Minister.
66. (1) Subject to regulation 68, the value of crude oil for the
purpose of payment of royalties shall be the field storage value.
(2) The field storage value shall be calculated by
aggregating the values of the volume of the component fractions
Power of
Minister to
reduce royalty.
Election to
take petroleum
instead of
royalty.
[190/1989].
Method of
sampling crude.
Value of
crude—field
storage value.
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in the crude oil and deducting therefrom a refining and handling
allowance equal to nine per cent of such aggregate of values.
(3) The value of each fraction contained in the crude oil
shall be determined by reference to the average for the quarterly
period of the daily mean of the high and low prices as quoted in
Platt’s Oilgram Price Service for Gulf Coast cargo lots for
refined products.
67. (1) Subject to regulation 68, the value of natural
gasoline for the purpose of payment of royalties shall be its field
storage value.
(2) The field storage value shall be calculated by multiplying
the net volume produced by the price of natural gasoline.
(3) The price of natural gasoline shall be determined by
reference to the average for the quarterly period of the daily mean
of the high and low postings as quoted in Platt’s Oilgram Price
Service for Gulf Coast cargo lots for 94 octane, regular motor
gasoline, and by deducting therefrom the appropriate discount to
be agreed between the Minister and the licensee.
67A. (1) For licences to be issued after the commencement
of the Petroleum (Amendment) Regulations, 1989, the field
storage value of crude oil and natural gasoline to be fixed
respectively under regulation 66(1) and 67(1) shall be calculated
by using international market prices of selected reference crudes
which are similar in quality and which are widely traded at an
arms length basis.
(2) In determining the field storage value under
subregulation (1) consideration shall be given to the following:
(a) the transportation differential between the cost of
transporting to the price-setting market, the
reference crudes and the crude to be valued;
(b) interest charges on the value of the inventory in
transit, in determining the transportation costs;
(c) such other circumstances prevailing at the time
of issue of the licence.
Value of natural
gasoline—field
storage value.
Calculation
of field
storage value.
[190/1989].
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Petroleum Chap. 62:01 65
68. Where the price basis for any of the component fractions
or natural gasoline is not published in Platt’s Oilgram or in any
other publication acceptable to the Minister and the licensee, an
equitable price shall be determined by agreement between the
Minister and the licensee.
69. (1) The value of natural gas for the purposes of payment
of royalties shall be calculated, in the case of transactions between
different petroleum operations of a licensee, by multiplying the
volume required to be assessed by the weighted average of the
actual price.
(2) For the purposes of subregulation (1), the actual price
shall be based on the total gas sales to companies outside the
petroleum producing and refining industries during the previous
year, at the point of utilisation or export.
70. (1) Subject to this regulation, on or before the twentyfirst
day after the end of each quarterly period of the year, the
licensee shall estimate the royalty to be paid on each licence in
respect of that period and shall pay the amount thereof to the
Minister after deducting the value of any petroleum taken in kind.
(2) The Minister may estimate the amount of royalty
payable where—
(a) the licensee fails to make the estimate required
by subregulation (1); or
(b) the Minister considers that the estimate made by
the licensee is less than a proper estimate,
and upon making demand therefor in writing, of such licensee,
subregulation (1) shall apply accordingly, as if the Minister’s
estimate was the estimate of such licensee.
(3) Where the sum of royalties payable in respect of any
quarterly period on each licence is less than the amount already
paid as minimum payments for that period, no royalty shall be
payable on that licence in respect of that period.
Agreement as
to prices in
certain cases.
Value of natural
gas—how
determined.
Quarterly
instalments of
royalty payable.
[Subsidiary] Petroleum Regulations
LAWS OF TRINIDAD AND TOBAGO
66 Chap. 62:01 Petroleum
71. (1) Within ninety days following the end of each year the
licensee shall calculate for each licence, the total amount of royalty
in respect of that year after deducting the value of any petroleum
taken in kind and submit to the Minister a statement thereof together
with any balance of royalties shown thereby to be due, or a claim
for refund of any royalties shown thereby to have been overpaid.
(2) The Minister shall assess the royalties payable, and
any adjustment found necessary in respect of the aggregate royalty
payments already made for the year in question, on the basis of
quarterly estimates, shall be made forthwith.
(3) In this regulation and in regulation 70, “year” means
the period of twelve months commencing on the 1st January in
each year.
PETROLEUM IMPOST
72. (1) Every licensee shall pay a petroleum impost in respect
of all petroleum won and saved, at such rates as the Minister may
determine by the issue of a Rating Order, which shall be published
in the Gazette at least thirty days prior to the date on which the
petroleum impost becomes payable.
(2) The Rating Order shall specify the rates of petroleum
impost payable in respect of crude oil and natural gas won and
saved during the year ended on the 31st December preceding the
date on which the petroleum impost becomes payable.
73. The rates specified in the Rating Order shall be so
calculated and determined as to provide in the aggregate the funds
necessary to cover all the annual expenses of the Ministry, including
salaries, pension contributions, maintenance and other expenses
of or incidental to, the due administration of the petroleum industry.
74. Where a licensee ceases operations before the issue of a
Rating Order relating to the year in which he so ceases to operate
he shall pay petroleum imposts at the rates specified in the Rating
Order of the preceding year.
Annual
statement of
royalties
calculated and
assessed on
accounting
period.
Petroleum
impost charged.
Petroleum
impost to cover
expenses of
administration.
Impost on
cessation of
petroleum
operations.
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LAWS OF TRINIDAD AND TOBAGO
Petroleum Chap. 62:01 67
OTHER PAYMENTS
75. Every licensee shall be subject in respect of his income
derived from petroleum operations to income tax or corporation
tax or both in accordance with the rates and rules of assessment
prescribed from time to time by the law relating thereto.
76. Subject to any exemptions granted by or under any written
law licensees shall be liable to the payment of import duties and
excise duties.
77. Licensees shall pay current charges and fees for any
services rendered by the Government or statutory authorities to
them including tolls and water and sewerage rates, and fees of
general application including property taxes, documentary stamp
taxes and registry, patent and copyright fees.
78. (1) In addition to the deposit relating to the expense
obligation as set out in an Exploration and Production (Public
Petroleum Rights) Licence, the licensee shall, immediately upon
the grant of a licence, deposit with the Treasury, in the case of—
(a) an Exploration, Pipeline, Refining and
Petrochemical Licence, the sum of twenty
thousand dollars; and
(b) an Exploration and Production (Public Petroleum
Rights) Licence, the sum of two hundred
thousand dollars,
in cash, securities or other form of guarantee acceptable to
the Treasury.
(2) A deposit required by subregulation (1) shall during
the continuance of operations be maintained at the full amount
until such time as the Minister issues a certificate to the effect that
the licensee has ceased to engage in petroleum operations and
has completely discharged his obligations under the licence,
whereupon the deposit or the part thereof remaining at such date
plus any interest that may have accrued thereon shall be returned
to the licensee.
Licensees liable
to income tax
and corporation
tax.
Import and
export duties
payable but
subject to
exemptions.
Usual rates and
charges payable
by licensees.
Additional
deposits.
[190/1989].
[Subsidiary] Petroleum Regulations
LAWS OF TRINIDAD AND TOBAGO
68 Chap. 62:01 Petroleum
79. The Minister may by Order determine the circumstances
in which the deposit provided for in the preceding regulation may
be drawn up in satisfaction of obligations and duties imposed on
the licensee and the procedure by which the Treasury shall make
the necessary payment out of the deposit.
80. Minimum payments, royalties and rents becoming due by
the licensees shall be paid in Trinidad and Tobago or United States
currency at the option of the Government or in any other currency
acceptable to the Government.
INFORMATION
81. Licensees shall at their own expense prepare and furnish
to the Minister, information, returns and data concerning their
operations in such manner and detail as the Minister shall by Order
prescribe from time to time.
82. Exploration and Production Licensees shall submit within
a reasonable time accurate copies of all maps, sections and reports
which have been prepared, and of all electric and other logs taken
during the course of operations, together with reservoir rock and
fluid analyses, pressure survey data as well as all important
scientific and technical data and interpretations thereof resulting
from the conduct of their operations.
83. Within sixty days after the end of each calendar year a
Petrochemical Licensee shall furnish to the Minister a report, in
such form as the Minister shall by Order prescribe, containing the
information listed hereunder, in respect of the preceding year—
(a) the quantity, source and price of indigenous and
foreign hydrocarbon raw materials received in the
licensed area;
(b) the output of each licensed petrochemical product;
(c) the quantity, destination and price of licensed
petrochemical products sold in Trinidad and
Tobago and exported;
Orders as to
forfeiture of
deposits.
Currency
payable in
respect of
financial
obligations.
Licensees to
furnish data.
Licensees to
supply maps,
etc.
Annual
report by
Petrochemical
Licensee.
L.R.O. 1/2006
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Petroleum Chap. 62:01 69
(d) the number, nationality, duties and remuneration
of persons employed;
(e) such other particulars as the Minister may from
time to time require.
84. A Petrochemical Licensee shall furnish in duplicate to the
Minister on or before the fifteenth of each month, in a form from
time to time approved by the Minister, a report on the progress of
his manufacturing operations during the previous month. Such
report shall contain statements showing—
(a) the quantity, source and price of indigenous and
foreign hydrocarbon raw materials received in the
licensed area;
(b) the output of each licensed petrochemical product;
(c) the quantity, destination and price of licensed
petrochemical products sold in Trinidad and
Tobago and exported;
(d) such other particulars as the Minister may from
time to time require.
85. Within sixty days after the end of each calendar year, a
Petrochemical Licensee shall furnish in duplicate to the Minister a
return, in such form as the Minister shall require, showing the
accounts of the operations carried out during the previous year.
86. Within ninety days after the date on which production in
marketable quantities commences in relation to each plant specified
in a Petrochemical Licence, the licensee shall deliver to the Minister
in duplicate—
(a) the final plans of the plant with all the necessary
statements and exhibits so as to give a clear and
precise idea of the process units, buildings, tanks
and auxiliary installations which comprise such
a plant; and
(b) a statement showing the final extent of the
investment in fixed and other capital involved in
the Construction and equipment of the plant.
Monthly
report of
Petrochemical
Licensee.
Annual return
as to accounts of
Petrochemical
Licensee.
Initial return on
commencement
of production by
Petrochemical
Licensee.
[Subsidiary] Petroleum Regulations
LAWS OF TRINIDAD AND TOBAGO
70 Chap. 62:01 Petroleum
DETERMINATION
87. The licensee shall be at liberty to determine his licence in
whole or in part, on giving to the Minister not less than one hundred
and eighty days notice in writing. Such determination shall not
affect any obligations or liability imposed on or incurred by the
licensee under the licence that have not been performed or
discharged prior to the date of determination.
MISCELLANEOUS PROVISIONS
88. (1) The Minister may grant permits for searching, digging
for and mining of minerals or substances other than petroleum
within licensed areas subject to the undertaking by the person so
permitted that exploration or mining will not endanger or encumber
or add to the cost of petroleum operations.
(2) A licensee affected by the grant of a permit under
subregulation (1) shall afford the opportunity for acquiring
reasonable means of access and safe and convenient passage for
the conduct of mining operations.
89. A licence for operations in submarine areas shall not
confer any surface rights to the foreshore lying between high water
and low water marks at ordinary spring tides, and no use shall be
made thereof by the licensee, unless the authority of the Minister
is obtained.
90. The Minister may by Order fix the maximum prices that
may be charged by a licensee for the sale of petrochemicals within
Trinidad and Tobago.
91. Where a licensee fails to execute any works required to be
carried out under the terms of his licence including the measurement
of petroleum, the plugging of wells, the adoption of safety health
and welfare measures and the prevention of pollution, the Minister
may, if he considers it expedient, cause such works to be executed
and the Minister shall in such case recover the costs and expenses
incurred from the licensee, save that before so acting and where
no emergency exists, the Minister shall give the licensee fourteen
days notice to afford him a final opportunity of remedying
his default.
Voluntary
determination
of licence.
Power to permit
mining for other
minerals in
licensed areas.
Petroleum
operations in
submarine
areas—rights to
foreshore.
Price Orders—
petrochemicals.
Minister may
remedy default
of licensee.
L.R.O. 1/2006
Petroleum Regulations [Subsidiary]
LAWS OF TRINIDAD AND TOBAGO
Petroleum Chap. 62:01 71
92. A pipeline, refinery, petrochemical plant, well, marketing
station or any similar installation used for petroleum operations
may not be enlarged or substantially altered without the prior
written consent of the Minister.
93. The Minister may at any time call upon an Exploration
and Production Licensee to deliver to him without compensation
any quantity of natural gas, produced in association with crude
oil, not being required by the licensee for his operations or for
sale, which may be needed in the public interest, except that where
the recovery, delivery or storage of such natural gas requires the
construction of any new facilities, such facilities shall be provided
by Government. Such natural gas shall be free of royalty.
94. A person who contravenes any of the provisions of these
Regulations, except where the provision by or under which the
offence is created provides the penalty to be imposed, is liable on
summary conviction to a fine of one thousand dollars, and in the
case of a continuing offence to a further fine of one hundred dollars
for each day during which the offence continues after conviction.
No alteration to
plant, etc.,
without
permission.
Unused
natural gas.
Offences and
penalties.