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There are currently no known outstanding effects for the The Petroleum Licensing (Applications) Regulations 2015.
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1. These Regulations may be cited as the Petroleum Licensing (Applications) Regulations 2015, and come into force on 30th June 2015.
2. In these Regulations—
“application notice” means a notice published in the [F1relevant Gazette and on a public web site] which—
indicates that the [F2OGA] is prepared to accept applications for petroleum exploration and development licences or seaward area production licences in respect of blocks, and
specifies the web site on which details of the blocks are published;
“block” means an area to which a reference number has been assigned and published on a web site by the [F3OGA];
[F4“landward area” means an area of Great Britain that is within the baselines established by any Order in Council under section 1(1)(b) of the Territorial Sea Act 1987 (extension of territorial sea);]
“landward petroleum exploration licence” means a licence to search for petroleum in a landward area;
[F5“low water line” means the line so marked on the Ordnance map on a scale of 1:25,000 in the case of maps relating to Great Britain, and 1:50,000 in the case of maps relating to Northern Ireland, in the edition for the areas to which they respectively relate last published prior to the date on which these Regulations are made;]
“methane drainage licence” means a licence to get natural gas in the course of operations for making and keeping safe mines whether or not disused;
“model clauses” in relation to a licence means the model clauses prescribed under section 4(1)(e) of the Petroleum Act 1998 to be incorporated in licences of that type;
[F6“multiple phase licence” means a seaward area production licence in which, in accordance with the model clauses or clauses having a similar effect, at least one of Phase A or Phase B (within the meaning given by the model clauses) is specified;]
[F7“the OGA” means the Oil and Gas Authority;]
“petroleum exploration and development licence” means a licence to search and bore for, and get, petroleum in a landward area;
[F8“relevant Gazette” means—
the London Gazette for any notice inviting applications for licences in a landward area;
the Belfast Gazette, Edinburgh Gazette and London Gazette for any notice inviting applications for licences in a seaward area.]
F9...
“seaward area” means—
[F10islands on the seaward side of the baselines around Great Britain established by any Order in Council under section 1(1)(b) of the Territorial Sea Act 1987,]
an area in the sea bed and subsoil beneath waters which lie on the seaward side of the said lines but within the outward limit of the territorial sea of the United Kingdom, and
an area in the sea bed and subsoil within any area designated under section 1(7) of the Continental Shelf Act 1964 M1;
“seaward petroleum exploration licence” means a licence to search for petroleum in any seaward area or landward area below the low water line;
“seaward area production licence” means a licence to search and bore for, and get, petroleum in a seaward area;
“work programme” means a scheme of prospecting including any geological survey by any physical or chemical means and any test drilling.
Textual Amendments
F1Words in reg. 2 substituted (31.12.2020) by The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 9(2); 2020 c. 1, Sch. 5 para. 1(1)
F2Word in reg. 2 substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 25(2)(a)
F3Word in reg. 2 substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 25(2)(b)
F4Words in reg. 2 substituted (9.2.2018) by The Scotland Act 2016 and Onshore Petroleum (Consequential, Transitional and Saving Provisions and Model Clauses) Regulations 2018 (S.I. 2018/56), regs. 1(2), 4(2)(a) (with reg. 11)
F5Words in reg. 2 substituted (9.2.2018) by The Scotland Act 2016 and Onshore Petroleum (Consequential, Transitional and Saving Provisions and Model Clauses) Regulations 2018 (S.I. 2018/56), regs. 1(2), 4(2)(b) (with reg. 11)
F6Words in reg. 2 inserted (15.9.2017) by The Petroleum and Offshore Gas Storage and Unloading Licensing (Amendment) Regulations 2017 (S.I. 2017/855), regs. 1, 5(2)(b)
F7Words in reg. 2 inserted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 25(2)(c)
F8Words in reg. 2 inserted (31.12.2020) by The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 9(3); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in reg. 2 omitted (15.9.2017) by virtue of The Petroleum and Offshore Gas Storage and Unloading Licensing (Amendment) Regulations 2017 (S.I. 2017/855), regs. 1, 5(2)(a)
F10Words in reg. 2 substituted (9.2.2018) by The Scotland Act 2016 and Onshore Petroleum (Consequential, Transitional and Saving Provisions and Model Clauses) Regulations 2018 (S.I. 2018/56), regs. 1(2), 4(2)(c) (with reg. 11)
Marginal Citations
M11964 c. 29, amended by section 37 of, and paragraph 1 of Schedule 3 to, the Oil and Gas (Enterprise) Act 1982 (c. 23) and section 103 of the Energy Act 2011 (c. 16).
3.—(1) [F11Subject to paragraph (1A),] these Regulations apply to an application for—
(a)a landward petroleum exploration licence;
(b)a seaward petroleum exploration licence;
(c)a methane drainage licence;
(d)a petroleum exploration and development licence; and
(e)a seaward area production licence.
[F12(1A) These Regulations do not apply in relation to a landward petroleum exploration licence or a petroleum exploration and development licence in respect of an area within the Scottish onshore area [F13or the Welsh onshore area].
(1B) In this regulation, “Scottish onshore area” has the meaning given in section 8A(3) of the Petroleum Act 1998 [F14and “Welsh onshore area” has the meaning given in section 8A(5) of that Act].]
(2) The following Regulations cease to have effect, to the extent specified, in relation to an application for a licence mentioned in paragraph (1) made after the date of coming into force of these Regulations—
(a)the whole of the Petroleum (Production) (Seaward Areas) Regulations 1988 M2;
(b)the Petroleum (Production) (Landward Areas) Regulations 1995 M3 with the exception of—
(i)regulation 9(2)(c); and
(ii)Schedule 5 to the Regulations.
Textual Amendments
F11Words in reg. 3(1) inserted (9.2.2018) by The Scotland Act 2016 and Onshore Petroleum (Consequential, Transitional and Saving Provisions and Model Clauses) Regulations 2018 (S.I. 2018/56), regs. 1(2), 4(3) (with reg. 11)
F12Reg. 3(1A)(1B) inserted (9.2.2018) by The Scotland Act 2016 and Onshore Petroleum (Consequential, Transitional and Saving Provisions and Model Clauses) Regulations 2018 (S.I. 2018/56), regs. 1(2), 4(4) (with reg. 11)
F13Words in reg. 3(1A) inserted (1.10.2018) by The Scotland Act 2016, Wales Act 2017 and Onshore Petroleum (Consequential, Transitional and Saving Provisions and Model Clauses) Regulations 2018 (S.I. 2018/980), regs. 1(1), 5(2) (with reg. 16)
F14Words in reg. 3(1B) inserted (1.10.2018) by The Scotland Act 2016, Wales Act 2017 and Onshore Petroleum (Consequential, Transitional and Saving Provisions and Model Clauses) Regulations 2018 (S.I. 2018/980), regs. 1(1), 5(3) (with reg. 16)
Marginal Citations
M2S.I. 1988/1213, relevant amending instruments are S.I.s
1992/2378,
1995/1435,
1996/2946,
2009/229 and
2009/3283.
M3S.I. 1995/1436, relevant amending instruments are S.I.s 2009/229 and 2009/3283.
4.—(1) Applications may be made by any person.
(2) Applications must—
(a)in the case of an application for—
(i)a petroleum exploration and development licence or
(ii)a seaward area production licence,
be made via the portal provided F15... for the purpose of licence applications on a publicly accessible web site;
(b)in the case of an application for a licence other than those mentioned in sub-paragraph (a), be made in writing;
(c)be accompanied by such evidence and particulars or documents in support as are specified in these Regulations in respect of the licence being applied for, and are appropriate to that application;
(d)be accompanied by the appropriate fee, as set out in [F16the Oil and Gas Authority (Fees) Regulations 2016].
(3) In respect of an application for a petroleum exploration and development licence, regulation 5(2)(b), (5) and Schedule 2 sets out the information and supporting documentation required.
(4) In respect of an application for a seaward area production licence, regulation 5(2)(b), (5) and Schedules 2 and 3 set out the information and supporting documentation required.
(5) An application for a licence other than a petroleum exploration and development licence or a seaward area production licence may be made at any time.
(6) If any of the matters stated in an application or any further information supplied by the applicant changes after the application is made or after the information is supplied but before a licence is granted or the [F17OGA] informs the applicant that the application is refused, the applicant must immediately give notice in writing to the [F17OGA] giving particulars of the change.
(7) Nothing in these Regulations prevents more than one application being made by the same applicant or more than one licence being granted to that applicant.
(8) In this regulation, “in writing” includes transmission by way of an email sent to an address provided by the [F18OGA] for the purpose of receiving applications for licences and related information.
Textual Amendments
F15Words in reg. 4(2)(a) omitted (1.10.2016) by virtue of The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 25(3)(a)
F16Words in reg. 4(2)(d) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 25(3)(b)
F17Word in reg. 4(6) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 25(3)(c)
F18Word in reg. 4(8) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 25(3)(d)
5.—(1) This regulation applies to an application for—
(a)a petroleum exploration and development licence; or
(b)a seaward area production licence.
(2) Subject to paragraph (6), every application for a licence must—
(a)be in response to an application notice, and
(b)specify the block or blocks to which it relates.
(3) Subject to paragraph (4), the application notice mentioned in paragraph (2) must provide for applications relating to any of the blocks to be made and determined in competition with others, specifying—
(a)a date on or before which any such applications are to be made, being a date at least 90 days after the date on which the application notice is published; and
(b)a date on which, or a period within which, it is proposed that licences will be granted to successful applicants.
(4) In the case of any block in respect of which—
(a)provision for competing applications was made on a previous occasion in an application notice, and
(b)that provision did not result in the grant of a licence,
the application notice may provide for applications to be made and determined at any time.
(5) If an application specifies more than one block it may indicate an order of preference for some or all of the blocks and it may indicate that blocks are applied for as alternatives.
(6) Where the [F19OGA] decides that geological or production considerations justify the granting of a licence in respect of any area to the holder of a licence in respect of a contiguous area, and notifies the holders of licences in respect of areas contiguous to the area in question accordingly, any of them may apply for a licence in respect of the area in question within whatever period the [F19OGA] considers sufficient for this purpose and specifies in the notification.
Textual Amendments
F19Word in reg. 5(6) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 25(4)
6. An application for—
(a)a landward petroleum exploration licence,
(b)a seaward petroleum exploration licence, or
(c)a methane drainage licence,
must include in respect of each applicant—
(i)the applicant's name in full;
(ii)where the applicant is a body corporate—
(aa)its place of incorporation; and
(bb)its registration number at Companies House or other appropriate registration number or identifier, or if it is registered in another jurisdiction, its registration number or other identifier from that jurisdiction;
(iii)where the applicant is an individual, the applicant's usual residential address, otherwise—
(aa)the address of the applicant's registered office; or
(bb)if the applicant does not have a registered office the address of the applicant's principal place of business in the United Kingdom, and if the applicant does not have a principal place of business in the United Kingdom, the address of the applicant's principal place of business; and
(iv)the place or places from which—
(aa)the applicant's operations under the licence; or
(bb)any commercial activities in connection with those operations,
will be directed and controlled.
F207. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F20Reg. 7 omitted (1.10.2016) by virtue of The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 25(5)
8. Every licence must incorporate the model clauses prescribed for that type of licence at the time that the licence is issued, unless the [F21OGA] thinks fit to modify or exclude them in any particular case.
Textual Amendments
F21Word in reg. 8 substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 25(6)
9.—(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.]
Textual Amendments
Verma
Parliamentary Under Secretary of State
Department of Energy and Climate Change
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