2015 No. 766
The Petroleum Licensing (Applications) Regulations 2015
Made
Laid before Parliament
Coming into force
Regulations modified (temp.) (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), reg. 15 (with reg. 16)
Citation and commencement1
These Regulations may be cited as the Petroleum Licensing (Applications) Regulations 2015, and come into force on 30th June 2015.
Interpretation2
In these Regulations—
“application notice” means a notice published in the F27relevant Gazette and on a public web site which—
- a
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
- b
specifies the web site on which details of the blocks are published;
- a
“block” means an area to which a reference number has been assigned and published on a web site by the F3OGA;
F20“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;
F21“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;
F15“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;
F4“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;
F28“relevant Gazette” means—
- a
the London Gazette for any notice inviting applications for licences in a landward area;
- b
the Belfast Gazette, Edinburgh Gazette and London Gazette for any notice inviting applications for licences in a seaward area.
- a
F14...
“seaward area” means—
- a
F22islands 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,
- b
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
- c
an area in the sea bed and subsoil within any area designated under section 1(7) of the Continental Shelf Act 1964 M2;
- a
“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.
Application of the Regulations3
1
F23Subject 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.
F241A
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 F25or the Welsh onshore area.
1B
In this regulation, “Scottish onshore area” has the meaning given in section 8A(3) of the Petroleum Act 1998 F26and “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 M3;
b
the Petroleum (Production) (Landward Areas) Regulations 1995 M4 with the exception of—
i
regulation 9(2)(c); and
ii
Schedule 5 to the Regulations.
Applications for licences: general4
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 F5... 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 F6the 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 F7OGA informs the applicant that the application is refused, the applicant must immediately give notice in writing to the F7OGA 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 F8OGA for the purpose of receiving applications for licences and related information.
Applications for a petroleum exploration and development licence or a seaward area production licence5
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 F9OGA 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 F9OGA considers sufficient for this purpose and specifies in the notification.
Applications for landward petroleum exploration licences, seaward petroleum exploration licences and methane drainage licences6
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.
FeesF107
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Form of licences8
Every licence must incorporate the model clauses prescribed for that type of licence at the time that the licence is issued, unless the F11OGA thinks fit to modify or exclude them in any particular case.
F1Review9
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.
F19SCHEDULE 1Lines dividing Landward Areas from Seaward Areas
Sch. 1 omitted (9.2.2018) by virtue of 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(5) (with reg. 11)
F191
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F192
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F193
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F194
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F195
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F196
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F197
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F198
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 2Information and supporting documentation required for an application for a petroleum exploration and development licence or a seaward area production licence
1
Name of each applicant in full.
2
If the application is made by more than one person, and the applicants have agreed on the manner in which the benefits resulting from the exploitation of the licence should be shared between them, the share each applicant would be entitled to take.
3
Except in the case of an application for a F16multiple phase licence, the name of the proposed operator.
4
The reference number of each block in respect of which the application is made and if the application is made by tender, the consideration by way of initial payment which the applicant is prepared to offer for each such block.
5
An analysis of the geology of the area to which the application relates, identifying, in particular—
a
petroleum prospects, and
b
a description of the technical data on which this analysis is based.
6
Either—
a
the work programme for evaluating the potential petroleum production from the area to which the application relates which the applicant proposes to undertake under the licence applied for; or
b
a description of any evaluation of the potential petroleum production from the area to which the application relates that has previously been undertaken, if no further evaluation is proposed to be undertaken under the licence,
except in a case where the F12OGA indicates this is not required.
7
Where applicable—
a
evidence of the operator's technical competence and capacity to undertake the work programme mentioned in paragraph 6(a), and
b
an explanation of the way in which the work programme takes account of the analysis of geology mentioned in paragraph 5.
8
In respect of each applicant—
a
where the applicant is a body corporate—
aa
its place of incorporation;
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;
b
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;
c
the place from which—
i
the applicant's operations under the licence, or
ii
any commercial activities in connection with those operations,
will be directed and controlled;
d
where the applicant is a business, a copy of—
i
the most recent audited accounts; and
ii
where the applicant is also a body corporate, the most recent audited accounts of any body corporate having control of the applicant,
but if—
aa
the most recent audited accounts are in respect of a period ending on a date more than twelve months before the date of the application, a copy of a balance sheet showing the state of the body corporate's affairs as at the latest date within that twelve months period in respect of which a balance sheet can be made available must be supplied, or
bb
there are not yet any audited accounts, a copy of a balance sheet showing the state of the body corporate's affairs at the date of the licence application must be supplied.
9
For the purposes of paragraph 8(d)(ii), whether a body corporate has control of another body corporate is determined as if sections 450(2) to (4) and 451(1) to (5) of the Corporation Tax Act 2010 M5 applied subject to the following modifications—
a
for the words “the greater part” wherever they occur in section 450(3) there were substituted the words “
one-third or more
”
;
b
in section 451(4) F17and (5), for the word “may”, there were substituted the word “
must
”
; and
c
in section 451(4) and (5) any reference to an associate of a person is construed as including only a relative of that person (as defined by section 448(2) of the Corporation Tax Act 2010), a partner of that person and a trustee of a settlement (as defined by section 620 of the Income Tax (Trading and Other Income) Act 2005 M6) of which that person is a beneficiary.
SCHEDULE 3Additional information and supporting documentation required for an application for a seaward area production licence
1
Except where the licence applied for is a F18multiple phase licence, evidence that the applicant will be able to meet the costs of any damage which may be caused by the release or escape of petroleum through drilling or production operations, including, where appropriate, evidence that the proposed operator is a member of the Offshore Pollution Liability Association Limited, or any body which may after the date upon which these Regulations come into force assume responsibility for the functions currently carried out by the Offshore Pollution Liability Association Limited.
2
A statement of the general environmental policy of the proposed operator in respect of activities licensed in seaward areas by the F13OGA in accordance with section 3 of the Petroleum Act 1998 M7 together with a summary of—
a
its management systems for the implementation of that policy, and
b
where applicable, how those management systems will be applied to the work programme provided in accordance with paragraph 6(a) of Schedule 2.
Regulations modified (temp.) (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), reg. 10 (with reg. 11)